I. SCOPE
These terms and conditions apply to contracts for the rental of apartments, accommodation, and all other services and deliveries provided to the tenant by Kemnater Hof GmbH, hereinafter referred to as KHG.
The subletting or further rental of the provided apartments/hotel rooms, as well as their use for purposes other than accommodation, require the prior written consent of KHG.
The tenant's terms and conditions only apply if this has been expressly agreed in writing beforehand.
II. CONTRACTUAL TERMS
The customer is considered a guest and contractual partner of KHG, even if they have placed an order or co-ordered for other persons. By registering, the customer makes an offer that KHG can accept. The registration also applies to all guests listed in the registration.
The contract is concluded upon acceptance by KHG. No written confirmation is provided.
KHG may refuse acceptance of the customer's offer without stating reasons.
The contract is concluded upon the tenant's reservation and KHG's written confirmation.
The contracting parties are KHG and the tenant. If a third party has reserved for the tenant, they are jointly and severally liable to KHG for all obligations arising from the reservation agreement.
All claims against KHG generally expire one year from the start of the regular limitation period, which is dependent on knowledge, pursuant to Section 199 (1) of the German Civil Code (BGB). Claims for damages expire five years, regardless of knowledge. The shortened limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by KHG.
III. SERVICES; PRICES; PAYMENTS; SET-OFF
KHG is obligated to keep the apartments/hotel rooms booked by the tenant available and to provide the agreed services.
The tenant is obligated to pay KHG the applicable or agreed prices for the apartment/hotel room and any additional services used upon check-in. This also applies to services requested by the tenant and expenses incurred by KHG for third parties.
The apartments/hotel rooms are to be paid in advance for the respective month upon arrival; early departure does not entitle the tenant to a refund of the amount paid.
Without written permission, bringing pets or additional guests is not allowed, as this will incur extra charges.
Failure to comply may result in immediate eviction!
The agreed prices include the applicable statutory VAT. If the period between conclusion of the contract and fulfillment of the contract exceeds four months and the price generally charged by KHG for such services increases, KHG may increase the contractually agreed price appropriately, but by no more than 5%.
KHG may also change prices if the tenant subsequently requests changes to the number of apartments booked, the services provided by KHG, or the length of stay of guests, and KHG agrees to this.
Payment by invoice is only accepted by KHG upon agreement.
Pets are booked upon request; KHG charges these at €100.00 per month.
KHG invoices without a due date are payable without deduction within 10 days of receipt of the invoice. KHG is entitled to declare accrued claims due at any time and demand immediate payment. In the event of late payment, KHG is entitled to charge default interest at a rate of 9%, or 5% above the base interest rate for legal transactions involving a consumer. KHG reserves the right to prove higher damages; the tenant reserves the right to prove lower damages.
KHG is entitled, upon conclusion of the contract or thereafter, to demand an appropriate advance payment or security deposit, taking into account legal provisions. Any advance payments and due dates must be agreed upon in writing in the contract.
The tenant may only offset or reduce a claim against KHG with an undisputed or legally established claim.
The applicable house rules, which are located in the apartment/hotel room folders in the respective apartments/hotel rooms, apply.
IV. WITHDRAWAL BY THE TENANT
Cancellation, termination, non-use of the agreed services
Any withdrawal by the tenant from the contract concluded with KHG requires the written consent of KHG. If this consent is not obtained, the agreed price under the contract must be paid even if the tenant does not use the contractual services. This does not apply if KHG violates its obligation to consider the rights, legal interests, and interests of the tenant, if adherence to the contract is no longer reasonable, or if the tenant is entitled to another statutory or contractual right of withdrawal.
If a date for withdrawing from the contract free of charge has been agreed in writing between KHG and the tenant, the tenant may withdraw from the contract up to the agreed date without triggering any payment or damage claims from KHG. The tenant's right of withdrawal expires if it is not exercised in writing to KHG by the agreed date, unless a case of withdrawal by the tenant occurs in accordance with number 1, sentence 3.
For services not used by the tenant, KHG must credit the income from renting the apartments/hotel rooms to other parties as well as the saved expenses.
KHG reserves the right to demand the contractually agreed compensation and to deduct any expenses saved. In this case, the tenant is obligated to pay 80% of the contractually agreed price for the booked overnight stays as compensation. The tenant is free to provide evidence that no damage was incurred or that the damage was not incurred to the claimed amount.
The agreed rental period between KHG and the tenant is considered fixed and cannot be terminated prematurely. Exceptions are made if the tenant is more than three days late paying the agreed rent.
V. WITHDRAWAL BY KHG
If the tenant's right to withdraw free of charge within a certain period has been agreed in writing, KHG is entitled to withdraw from the contract during this period if other tenants request the contractually booked rooms, unless the tenant waives their right of withdrawal upon request from KHG.
KHG is entitled to terminate the accommodation contract with immediate effect and, in exercising its right to refuse entry, to expel the guest or group of guests from the establishment if the reputation, safety, or standing of KHG is damaged. We will exercise this right in particular if guests arrive already heavily intoxicated or fail to comply with the house rules (e.g., disturbing the peace at night).
If an agreed advance payment or an advance payment required above in accordance with Clause III No. 6 is not made even after the expiration of a reasonable grace period set by KHG, KHG is also entitled to withdraw from the contract.
Furthermore, KHG is entitled to withdraw from the contract for good cause, for example, if:
- Force majeure or other circumstances beyond KHG's control make fulfillment of the contract impossible;
- Apartments/hotel rooms are booked under misleading or false information regarding essential facts, e.g., the identity of the tenant or the purpose;
- A violation of Clause I No. 2 has occurred.
- Quiet hours from 10:00 PM are not observed despite a warning.
In the event of a justified withdrawal by KHG, the tenant is not entitled to compensation.
VI. Deposit
6.1 To cover any damage that may occur and to secure all claims of the landlord arising from the rental agreement/booking, a deposit of €300.00 or the agreed amount will be required for an apartment/hotel room, no later than upon handover of the keys.
6.2 The deposit must be returned to an account to be specified by the tenant within 5 days of the end of the rental agreement/booking, unless it has been used.
VII. APARTMENT/HOTEL ROOM PREPARATION, HANDOVER, AND RETURN
The tenant is entitled to the provision of their chosen apartment/hotel room category, or the next best available if the selected one cannot be provided.
Booked apartments/hotel rooms are available to the tenant from 1:00 PM on the agreed arrival date. The tenant is not entitled to earlier availability.
On the agreed departure date, the apartments/hotel rooms must be vacated and made available to KHG by 10:00 AM at the latest.
After this time, KHG may charge the tenant 50% of the full accommodation price (list price) for the use of the apartment/hotel room beyond the contractual term until 6:00 PM, and 100% from 6:00 PM onwards due to the late vacating of the apartment/hotel room. This does not constitute grounds for contractual claims by the tenant. The tenant is free to prove that KHG has suffered no or lesser damages.
The apartments are handed over free of defects. Should any defects be discovered upon handover, the tenant must notify us of these within 3 days of moving in by letter or email to: This email address is being protected from spambots. You need JavaScript enabled to view it..
If the kitchen requires separate cleaning, the resulting costs will be invoiced separately; generally, an additional charge of EUR 100.00 or more is applied. Kitchen cleaning is not included in the monthly cleaning fee.
VIII. LIABILITY OF KHG
KHG is liable for its contractual obligations with the due care of a prudent businessman. Tenant claims for damages are excluded. Excluded from this are damages resulting from injury to life, limb, or health if KHG is responsible for the breach of duty, other damages resulting from an intentional or grossly negligent breach of duty by KHG, and damages resulting from an intentional or negligent breach of typical contractual obligations by KHG. A breach of duty by KHG is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects in KHG's services occur, KHG will endeavor to remedy the situation immediately upon becoming aware of the situation or upon notification by the tenant. The tenant is obligated to make reasonable efforts to remedy the disruption and minimize any potential damage (duty to mitigate damage).
KHG is liable to the tenant for items brought into the apartment, in accordance with statutory provisions, up to one hundred times the room rate, but not more than €2,500.00, as well as for money and valuables up to €500.00. Liability claims expire if the tenant does not immediately notify KHG of any loss, destruction, or damage upon becoming aware of it (Section 703 of the German Civil Code).
The tenant is obligated to exercise due care to securely close the windows when leaving the apartment/hotel room and to lock the room door twice with the room key. If the key is lost, the tenant will be charged €800.00 for the installation of a new cylinder.
Quiet hours must be observed out of consideration for other tenants.
Messages, mail, and shipments for tenants will be handled with care. KHG is responsible for delivery, storage, and, for a fee, forwarding of such items.
IX. FINAL PROVISIONS
Changes or additions to the contract, the acceptance of the application, or these terms and conditions for KHG must be made in writing to be effective. Unilateral changes or additions by the tenant are invalid.
The place of performance and payment is the registered office of KHG.
The exclusive place of jurisdiction – also for check and bill disputes – in commercial transactions is Esslingen. If one contracting party meets the requirements of Section 38 Paragraph 1 of the Code of Civil Procedure (ZPO), Esslingen shall also be the place of jurisdiction.
German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules is excluded.
Should individual provisions of these General Terms and Conditions be or become invalid or void for KHG, this shall not affect the validity of the remaining provisions. Rather, the invalid provision shall be replaced by one that most closely approximates its economic purpose. Otherwise, the statutory provisions shall apply.
OSTFILDERN, January 2026
Kemnater Hof GmbH, referred to as KHG for short
Upon publication of these General Terms and Conditions, all previous terms and conditions shall no longer be valid.
