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General Terms and Conditions (GTC)

 

 

1. scope of application

These terms and conditions govern the legal relationship between you and the landlord, The Suites. By making a booking, you confirm that you have read and accept the contents of these terms and conditions.

1.1 The contractual language is German. German law shall apply exclusively. The German version of these translation and terms and conditions shall prevail. The English version is for information purposes only.

 

2. booking request / conclusion of contract

2.1 With your booking request, you are making a binding offer to conclude a contract. Your booking request can be made in writing, verbally or by telephone. However, your enquiry does not constitute a claim to the conclusion of a contract with The Suites.

2.2 The contract is only formed when your booking request is confirmed by The Suites in writing or by email and the terms and conditions are accepted by you.

 

3. services / prices / security deposit

3.1 The scope of the contractual services as well as the prices result from the service description of the respective offer as well as from the information in the booking confirmation. The costs for electricity, water, heating are included in the stated price.

3.2 The agreed prices include the respective statutory value added tax. In the event of discrepancies between the information in the offer and in the booking confirmation, the information in the booking confirmation shall apply.

3.3 If you do not make use of or do not make full use of contractually provided services, in particular as a result of late arrival and/or early departure due to illness or for other reasons for which the landlord is not responsible, you shall not be entitled to a pro rata refund.

3.4 Security deposit:

In order to secure all claims of The Suites against the guest arising from the accommodation contract, the guest shall make a payment prior to the transfer of the flat:

3.4.1 in the event of an agreed transfer period of less than three months, a security in the amount of EUR 300,

3.4.2 in the event of an agreed transfer period of three to six months, a security in the amount of one month's premium.

If the security deposit is not paid by the time the flat is handed over, the guest shall have no claim to the handover of the flat. If The Suites has nevertheless handed over the flat to the guest, The Suites shall be entitled to terminate the accommodation contract without notice if the security deposit is not paid within a reasonable period of grace to be set by the accommodation provider.

 

4. deposit / terms of payment

You are obliged to pay a deposit upon receipt of the booking confirmation. The full amount of the holiday is payable by you no later than 30 days prior to arrival. Should the total amount not be credited to the designated account 30 days prior to arrival as agreed, The Suites is entitled to rent the flat to another party. In this case, the reservation will be cancelled by The Suites. Please make sure to pay the travel amount in advance in due time.

 

5. withdrawal by the tenant / withdrawal costs

 

5.1 You are entitled to withdraw from your booking at any time. For reasons of proof, we recommend the written form for the withdrawal. In the event of withdrawal, we are entitled to demand compensation from you for the travel arrangements made and our expenses.

 

5.2 In the event of a cancellation of the booking, the following cancellation fees will be due:

 

Apartment:

 

•    Bookings from 1-90 nights:

Free of charge from booking until 30 days before arrival

from 30 days before arrival or in case of no-show 100% of the rental price

 

•    Bookings from 91 nights:

Free of charge from booking until 60 days before arrival

from 60 days before arrival or in case of no-show 100% of the rental price

 

Hotel:

 

•    Free of charge when booking up to 1 day before arrival

from 24 hours before arrival or in case of no-show 100% of the rental price

 

Other conditions apply for public holidays and trade fairs. You will find more information on your booking confirmation. 

 

5.3 For groups (≥ 3 suites / ≥ 2 apartments) or for reservations of suites/apartments for trade fairs and special periods, a cancellation free of charge is only possible up to 30 days before arrival. From 30 days before arrival or in case of no-show 100% of the rental price.

5.4 The calculation is based on the originally agreed total price. The date on which we receive your notice of cancellation is decisive for the scale. 

 

You reserve the right to prove a lesser loss.

 

6. subletting or substitute travellers

6.1 Subletting or re-letting of the rented property as well as its use for purposes other than accommodation shall require prior written consent.

6.2 If you provide a substitute traveller under the same conditions for the period in question or if we are able to rent the property to someone else, a rebooking fee of 10% of the tour price, but at least EUR 20, will be charged.

However, the prerequisite for this is that we receive a binding new booking in good time before the start of the rental period so that we can make the necessary arrangements.

6.3 If a substitute traveller is found only under different conditions (e.g. different group size, different rental period, etc.), the original customer will be charged the difference between the old and new tour price plus the rebooking fee or offset against the tour price paid.

 

7. withdrawal of the lessor

7.1 If an agreed payment or a payment demanded above in accordance with § 5 Clause 1 is not made even after the expiry of a reasonable grace period set for the Lessor by The Suites, the Lessor shall also be entitled to withdraw from the contract.

7.2 Furthermore, the Lessor is entitled to withdraw from the contract extraordinarily for factually justified reasons, for example if force majeure or other circumstances for which the Lessor is not responsible make the fulfilment of the contract impossible; the object is booked under misleading or false information of essential facts, e.g. in the person of the customer or the purpose; a violation of § 6 item. 1 exists. In the event of a justified withdrawal on the part of the lessor, you shall have no claim to compensation. 

7.3 The Suites is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if the reputation, safety or standing of The Suites is damaged. We make use of this in particular if guests arrive heavily intoxicated or if it becomes apparent in the course of check-in that the persons checking in do not comply with the house rules.

The right of The Suites to claim damages shall not be affected by the withdrawal

In the event of justified withdrawal by The Suites, the client shall not be entitled to compensation.

 

8. accommodation / handover / return

8.1 The keys will be handed over personally on arrival or by keyless entry. You will receive further details directly from The Suites when booking.

8.2 Your booked object (apartment) is available to you from 4:00 pm (hotel from 3:00 pm) on the agreed day of arrival. You have no right to earlier availability. If, for whatever reason, it is not possible for you to receive the key by 4:00 p.m., the handover must be agreed individually.

8.3 The object must be returned by 11.00 am. The object must be left punctually in order to be able to provide the next guest with a cleaned object in a timely manner. The keys must be left in the object when moving out.

8.3.1 In case of loss of keys, a lump sum of 250€ will be charged. If only the flat key is lost, a fee of 50€ will be charged.

8.4 Upon request, an individual "late check out" can be arranged for a fee, provided that the property is not directly re-rented.

8.5 The guest must leave the accommodation in a tidy condition. Cleaning costs are included. However, if excessive soiling is detected by housekeeping staff after departure, The Suites reserves the right to charge by the hour at EUR 20 per hour (incl. standard VAT).

 

9. inventory / duty to cooperate / warranty / exclusion of claims

9.1 You as the tenant of the property and any co-users undertake to treat the property provided and the associated inventory with care. You shall be liable for missing and/or damaged inventory and must satisfy yourself of the proper condition of the same upon moving in. The Suites reserves the right to assert claims against the tenant.

9.2 Damage discovered immediately after arrival or later must be reported to The Suites immediately. It is recommended to report such damages even if they are not disturbing for you.

9.3 Within the framework of the statutory provisions, you are obliged to do everything you can reasonably be expected to do in the event of any disruptions to performance to help remedy the disruption and to minimise or avoid any existing damage. This duty to minimise damage requires you to report complaints to us as the lessor's agent without delay. A culpable breach of this duty to cooperate may lead to a reduction or the exclusion of claims.

9.4 Claims for services not provided in accordance with the contract must be made to us within a preclusive period of 2 weeks after the contractually agreed end of the trip, unless you were prevented from meeting this deadline through no fault of your own. In this respect, we also recommend the written form.

 

10. miscellaneous

10.1 Occupancy: The property may only be occupied by the number of persons stated in the booking. In the event of over-occupancy, The Suites is entitled to charge an additional reasonable fee per person for the period of over-occupancy.

10.2 Noise pollution: Even during your stay, everyday life goes on for many of us. Keep the volume in your room at a normal level. Please behave quietly in corridors and common rooms. We are not responsible for corresponding background noise, e.g. from construction workers, road traffic or similar. There is no right to compensation.

10.2.1 No parties:

Holding parties is not permitted at The Suites Apartments.

10.2.2 In the event of a breach, The Suites shall be entitled to demand an amount of EUR 500.00 from the Guest as compensation for the cleaning costs to be incurred separately, including any loss of revenue resulting from the flat not being able to be rented out as a result. This amount of compensation is to be set higher if The Suites proves higher damages.

10.3 Pets are not permitted and may only be brought in exceptional circumstances with the prior consent of The Suites.

10.4 Damage or theft

In the event of damage that goes beyond normal use or theft, The Suites has the right to charge the guest for the damage as well as for the separate expenses incurred to remedy the damage, including any loss of revenue from not being able to rent out the flat as a result.

10.4.1 Valuables: No liability is accepted for lost valuables brought in. As a purely precautionary measure, you confirm that you are covered by liability insurance and that you personally or your liability insurer will pay for any damage if necessary.

10.5 Internet use:

The Suites provides the guest with internet access within the existing technical and operational possibilities. 

Disruptions, for example due to force majeure, maintenance measures or similar cannot be ruled out.

10.5.1 The guest may not misuse the internet connection. Misuse shall be deemed to exist in particular in the following cases: Downloading and distribution of copyright-protected content via peer-to-peer sharing platforms, illegal streaming offers as well as posting, retrieving or transmitting content relevant under criminal law (in particular Sections 130, 130a, 131 and 184 StGB). The guest is obliged to observe the copyright, patent, name, trademark and personal rights of third parties when using the website. The guest shall indemnify The Suites upon first request from all claims and claims for damages of third parties as well as from the costs of legal defence in an appropriate amount, which have been caused by an illegal use of the provided internet connection by the guest or by third parties with the knowledge of the guest. This claim for indemnification covers in particular claims arising from the infringement of copyright, patent, name, trademark and personal rights as well as infringements of data protection law.

10.5.2 The guest is prohibited from passing on the access data for the internet connection to third parties. In the event of a violation, the guest shall be liable to The Suites for all damages caused by the disclosure of the access data.

10.5.3 Furthermore, The Suites reserves the right to block the guest's internet connection in the event of legal violations.

10.6 Smoking: Smoking is prohibited in all properties. 

10.6.1 The Suites Apartments are non-smoking flats. It is therefore forbidden to smoke in the common areas as well as in the guest flats and balcony and/or terrace areas. In the event of an infringement, The Suites shall be entitled to demand an amount of EUR 500.00 from the guest as compensation for the cleaning costs to be incurred separately, including any loss of revenue resulting from the flat not being able to be rented out as a result. This amount of compensation is to be set higher if The Suites proves higher damages.

10.6.2 Tampering with or blocking emergency exits, fire extinguishers or the fire alarm is prohibited. Violations will result in a penalty fee of €250.

10.7 Parking spaces: If a parking space is part of the booking, it is used at your own risk. If your vehicle does not fit in the car park / parking space due to its size or condition, there is no claim or reduction of the booking price. No liability is accepted for vehicles parked illegally or by third parties.

 

11. location

The law of the Federal Republic of Germany shall apply exclusively to all legal relationships between The Suites and the customer. The place of performance and jurisdiction for all services arising from this contract in commercial transactions for both parties is Hamburg.

 

12. invalidity of individual clauses

An invalidity of individual provisions shall not result in the invalidity of the entire Terms and Conditions.

In case of doubt the German version shall be binding.

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