General Terms and Conditions (GTC)
General Terms and Conditions of Kitfix Immobilien GmbH & Co. KG
(hereinafter: “Operator”)
for accommodation in the Luxoise Apartments, Gärtnerstr 32, 10245 Berlin
§ 1 Scope
(1) These terms and conditions apply to contracts for the rental of apartments for accommodation , as well as all other services and deliveries provided by the operator for the guest.
(2) Terms and Conditions of Guests only apply if this has been agreed in advance.
§ 2 Conclusion of contract and contract partner, limitation period
(1) The contract is concluded when the operator accepts the guest's application. The operator is free to confirm the conclusion of the contract or the booking in writing. If the guest's request is submitted via the operator's electronic reservation system (Luxoise Apartments homepage www.luxoise.com), the guest will automatically receive a booking confirmation by email.
(2) The contractual partners are the operator and the guest. If a third party has made a booking for the guest, he or she is jointly and severally liable to the operator for all obligations arising from the contract. However, subletting or further letting of the apartments provided as well as their use for purposes other than accommodation require the prior written consent of the operator.
§ 3 Services, prices, payment, offsetting
(1) The operator is obliged to keep one or more apartments in the apartment category booked by the guest available and to provide the agreed services.
(2) The guest is obliged to pay the costs for the rental of the apartments and the other services used by him. Services applicable or agreed prices to the operator. This also applies to services and expenses incurred by the operator to third parties at the request of the guest.
(3) The agreed prices include the respective statutory sales tax. If the period between conclusion of the contract and performance of the contract exceeds 4 months and the price generally charged by the operator for such services increases, the operator may increase the contractually agreed price appropriately, but by no more than 10%.
(4) The prices can also be changed by the operator if the guest subsequently requests changes to the Number of apartments booked, the operator's service or the length of stay of the guests and the operator agrees to this.
(5) Operator invoices without a due date are payable immediately, and for long-term stays (bookings of 28 nights or more) no later than 10 days after receipt of the invoice without deductions. The operator is entitled to demand payment of accrued amounts at any time. to render the goods in full and to demand immediate payment.
(6) The operator is entitled to demand an appropriate advance payment or security upon conclusion of the contract or thereafter. The operator is also entitled, at its own discretion, to carry out a pre-authorization based on the credit card data upon conclusion of the contract or thereafter and to block the invoice amount or part thereof on the credit card until billing. The amount of the advance payment, the blocked amount and the payment dates can be agreed in writing in the contract.
(7) The guest can only offset or reduce a claim against the operator with an undisputed or legally binding claim.
§ 4 Withdrawal by the guest (cancellation, termination, no-show)
(1) A withdrawal by the guest from the contract concluded with the operator requires the written consent of the operator. If this does not happen, the agreed price from the contract must be paid even if the guest does not use the contractual services. This does not apply in cases where the operator purchases the service or is unable to provide the service for reasons attributable to him.
(2) There is no statutory right of cancellation according to § 312g paragraph 2 no. 9 BGB.
(3) If a date for withdrawal from the contract has been agreed in writing between the operator and the guest, the guest can withdraw from the contract without triggering any payment or compensation claims by the operator. The guest's right of withdrawal expires if he does not exercise his right of withdrawal in writing to the operator by the agreed date, unless a case of the operator's receipt of services or an impossibility of providing the service for which he is responsible is present.
(4) If the guest does not use an apartment, the operator has to retain the income from renting the apartment to other parties and the expenses saved to be credited.
§ 5 When booking the standard rate, the following cancellation fees apply:
(1) If you cancel up to 31 days before arrival: no charge (free of charge)
< p style="text-align: justify; text-indent: -18.0pt; line-height: normal; margin: 0cm 0cm .0001pt 36.0pt;">(2) if you cancel 30 days before arrival: 100% of the total accommodation price
§ 6 When booking the non-refundable rate:
(1) the total amount is due on the day of reservation and is non-refundable. The guest is free to provide evidence that no damage was caused or that the damage caused to the operator is lower than the flat rate demanded.
§ 7 Withdrawal of the operator
(1) If the guest's right of withdrawal within a certain period of time has been agreed in writing, the operator is entitled to withdraw from the contract during this period if other guests request the contractually booked apartments and the guest does not waive his right of withdrawal when asked by the operator.
(2) If an agreed advance payment is not made even after the expiry of a reasonable grace period set by the operator with a threat of rejection, the operator is also entitled to withdraw from the contract.
(3) Furthermore, the operator is entitled to withdraw from the contract for objectively justified reasons, for example if force majeure or other circumstances beyond the operator's control make the fulfillment of the contract impossible. This also applies if apartments are booked with misleading or false information about essential facts, e.g. the identity of the guest or the purpose, or if the operator has reasonable grounds to believe that the use of the accommodation service could endanger the smooth running of the business, the safety or the reputation of the operator or the Luxoise Apartments in the public eye, without this being attributable to the operator's sphere of control or organization.
(4) The operator must inform the guest immediately of the exercise of the right of withdrawal.
(5) If the operator withdraws for legitimate reasons, the guest is not entitled to compensation.
§ 8 Provision of apartments, handover and return
  ;
(1) The guest does not acquire any right to the provision of specific apartments. The guest's wishes will always be taken into account as best as possible.
(2)  ; Booked apartments are available to the guest from 3:30 p.m. on the agreed arrival day. The customer has no right to earlier provision.
(3) The operator is entitled to charge an additional person surcharge of currently 70.00 if overnight stays by unregistered persons are detected. EUR per person per night.
(4) Guests are permitted to have a maximum of 2 people in their apartment until 11:00 p.m., without this to register with the accommodation provider. All visitors after 11 p.m. are considered overnight guests, for whom a fee of EUR 35.00 p.p. / night will be charged, provided that the extra overnight guests ste were registered with the operator in advance. If the extra overnight guests are not registered with the operator, the fee is 70.00 EUR per person per night. The maximum number of people allowed in an apartment at any time is 8 people.
(5) Children up to and including 1 year old can stay in their parents' apartment free of charge; for children aged 2 and over there is a charge of 35.00 EUR per child per night.
(6) The accommodation provider reserves the right to terminate the booking with immediate effect, without any residual refund, in the event of any breach of against the house rules.
(7) On the agreed departure day, the rooms must be vacated and made available to the operator by 11:00 a.m. at the latest. After that, the operator can charge 50% of the full accommodation price (list price) for the additional use of the room up to 6:00 p.m., and 100% from 6:00 p.m., in addition to any damage caused. The guest is free to prove to the operator that no damage or significantly less damage was caused.
(8) It is forbidden to take bicycles and electric scooters into the apartment, stairwell and elevator. In the event of a violation, the deposit will be retained in full. Parking of bicycles and electric scooters is only permitted in the courtyard.
(9) The apartments are non-smoking apartments. In the event of a violation, special cleaning costs of at least €300.00 will be charged. Smoking is only permitted in the courtyard.
(10) For stays of one month or longer, an intermediate cleaning is required every 2 weeks; cleaning is to be carried out exclusively by the accommodation provider. The provider will confirm the exact day and period with the guest in advance. In case of non-compliance, the accommodation provider may exercise its right to cancel the booking.
(11) A damage deposit of EUR 300.00 must be paid by credit card before arrival.
The guest authorizes the operator to charge his deposit for any consequential damages or
claims for damages that exceed the deposit amount from the credit card specified at the time of booking
or for the deposit. Guests who make their reservation via
Airbnb should not pay a deposit directly to the operator. In the case of a
reservation via Airbnb, Airbnb is responsible for the damage deposit.
(12) Parties and other celebrations are only possible after consultation with the operator.
If there is no authorization for this and there is a disturbance of the peace,
1,000.00 € will be charged to the guest's credit card. We reserve the right to be held liable for any damage beyond this amount. The quiet time between 10 p.m. and 6 a.m. must be observed.
(13) Pets are not allowed in the entire building.
(14) The use of candles is prohibited in the entire building for safety reasons.
(15) The operator is entitled to enter the apartment for necessary maintenance and
cleaning work as well as in emergencies. If the operator is informed by the customer that repairs are necessary or that devices are not working, the customer grants permission to enter after reporting the problem.
§ 9 Refund of the rental deposit
(1) The deposit/credit card reservation will be refunded or released within 31 days after departure, provided the apartment is returned in a satisfactory condition and there are no outstanding bills.
§ 10 Liability of the operator
(1) The operator is liable for the care of a prudent businessman. This liability is not typical for the service, but is limited to performance deficiencies, damages, consequential damages or disruptions that are attributable to intent or gross negligence on the part of the operator. Should disruptions or defects in the services of the operator occur, the operator will endeavour to remedy the situation upon knowledge of the problem or upon immediate complaint by the guest. The guest is obliged to do what is reasonable to remedy the problem and to minimise any possible damage.to keep.
(11) A damage deposit of EUR 300.00 must be paid by credit card before arrival.
The guest authorizes the operator to charge his deposit for any consequential damages or
claims for damages that exceed the deposit amount from the credit card specified at the time of booking
or for the deposit. Guests who make their reservation via
Airbnb should not pay a deposit directly to the operator. In the case of a
reservation via Airbnb, Airbnb is responsible for the damage deposit.
(12) Parties and other celebrations are only possible after consultation with the operator.
If there is no authorization for this and there is a disturbance of the peace,
1,000.00 € will be charged to the guest's credit card. We reserve the right to be held liable for any damage beyond this amount. The quiet time between 10 p.m. and 6 a.m. must be observed.
(13) Pets are not allowed in the entire building.
(14) The use of candles is prohibited in the entire building for safety reasons.
(15) The operator is entitled to enter the apartment for necessary maintenance and
cleaning work as well as in emergencies. If the operator is informed by the customer that repairs are necessary or that devices are not working, the customer grants permission to enter after reporting the problem.
§ 9 Refund of the rental deposit
( 1) The deposit/credit card reservation will be refunded or released within 31 days after departure, provided the apartment is returned in a satisfactory condition and there are no outstanding invoices to be paid.
§ 10 Operator's liability
(1) The operator is liable for the care of a prudent businessman. This liability is not typical for the service, but is limited to performance deficiencies, damages, consequential damages or disruptions that are attributable to intent or gross negligence on the part of the operator. Should disruptions or deficiencies in the operator's services, the operator will endeavour to remedy the situation upon knowledge of the problem or upon immediate complaint by the guest. The guest is obliged to do what is reasonable to remedy the disruption and to minimize any possible damage.
(2) The operator is liable to the guest for items brought in according to the statutory provisions, up to a maximum of 750.00 euros and for money, securities and valuables or objects of value up to 300.00 euros. Liability claims expire if the guest does not immediately notify the operator of loss, destruction or damage after becoming aware of it (§ 703 BGB).
(3) The unlimited liability of the operator is subject to the statutory provisions .
(4) If the guest is provided with a parking space in a car park, even for a fee, this does not constitute The operator is not liable for any loss or damage to vehicles parked or maneuvered on the parking space and their contents, except in cases of intent or gross negligence. This also applies to the operator's vicarious agents.
(5) Messages, mail and consignments for guests are handled with care. The operator is responsible for delivery, storage and - upon request - forwarding the same for a fee. Claims for damages, except for those due to gross negligence or intent, are excluded.
§ 11 Booking conditions for group bookings
( 1) The prices published on the website do not apply to group bookings.
(2) A “group booking” is a booking for at least two (2) apartments for the same or nearly the same arrival and departure dates.
(3) If reservations made on www.luxoise.com or other channels/portals are recognized as group bookings, the operator reserves the right to contact the customer regarding special conditions and special offers related to group bookings.
(4) If reservations made on www.luxoise.com or other channels are recognized as group bookings, the operator reserves the right to refuse or cancel such reservations if the customer has not accepted the operator's booking conditions applicable to group bookings.
§ 12 Final provisions
(1) Changes or additions to the contract, the acceptance of the application or these terms and conditions must be made in writing. Unilateral changes or additions by the guest are ineffective.
(2) The place of performance and payment is the registered office of the operator.
(3) The place of jurisdiction is Berlin, unless mandatory provisions conflict with this. If a contract partner meets the requirements of § 38 paragraph 1 ZPO and does not have a general place of jurisdiction in the country, the place of jurisdiction is the registered office of the operator.
(4) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods, unless there are mandatory provisions to the contrary.
(5) Should individual provisions of these General Terms and Conditions be or become ineffective or void, this shall not affect the effectiveness of the remaining provisions. Otherwise, the statutory provisions apply.
As of July 2023
