GENERAL TERMS AND CONDITIONS (GTC)

I. SCOPE OF APPLICATION

1. These Terms and Conditions apply to contracts for the rental of apartments, hotel rooms, and accommodations, as well as to all other services and deliveries provided to the tenant/guest by Kemnater Hof GmbH (hereinafter referred to as "KHG").

2. Subletting or re-letting of the provided premises, as well as their use for purposes other than accommodation, require the prior express written consent of KHG.

3. Terms and conditions of the tenant or customer shall only apply if expressly agreed in writing in advance. In the event of any discrepancies between the German and English text versions, the German version shall prevail.

II. CONCLUSION OF CONTRACT, PARTIES & LIABILITY FOR THIRD-PARTY BOOKINGS

1. The accommodation contract is concluded upon the tenant's reservation inquiry and its acceptance/confirmation (in writing, via email, or via booking portal) by KHG. KHG is entitled to reject inquiries without stating reasons.

2. Contractual partners are KHG and the tenant/ordering party. If a third party (in particular companies, employers, contractor agencies) books on behalf of another individual or group, both the ordering party and the registered guests shall be jointly and severally liable for all obligations, damages, and additional costs arising from the stay.

3. Accommodating additional unbooked guests or bringing pets without prior express written approval from KHG is strictly prohibited. In case of non-compliance, KHG reserves the right to charge additional fees or issue an immediate eviction without refund.

4. Claims of the customer against KHG generally expire within one year from the start of the statutory limitation period (Sec. 199 para. 1 BGB). Damage claims expire in five years. This limitation does not apply to intentional or grossly negligent breaches of duty by KHG.

III. PRICES, PAYMENT TERMS, DEFAULT & OFFSETTING

1. KHG is obligated to keep the booked apartments available. The tenant is obligated to pay the agreed prices in advance upon arrival (check-in) at the latest. For longer stays, rent is payable monthly in advance.

2. An early departure does not entitle the tenant to any refund or reduction of the paid or agreed amount.

3. The agreed prices include the applicable statutory VAT. Pets are accepted only upon prior request and are charged at EUR 100.00 per month.

4. Invoices without a due date are payable within 10 days of receipt without deduction. In case of payment default, KHG may charge statutory default interest (9% above base rate for B2B, 5% for consumers) plus reminder fees.

5. The tenant may only offset or withhold payments against claims of KHG with undisputed or legally binding claims.

IV. SECURITY DEPOSIT

1. To secure all claims of KHG (e.g. rent, special cleaning, repairs, key loss, loss of rent), the tenant must pay a security deposit of at least EUR 300.00 (generally EUR 500.00 to 1,000.00 for multi-bed apartments or company bookings) upon key handover at the latest.

2. The deposit will be settled after proper checkout. Where third-party contractor invoices (e.g. pipe cleaning, specialist repairs) are pending to determine damages, the review and settlement period extends up to 4 weeks after departure.

3. KHG is entitled to set off due claims and damages directly against the security deposit.

V. CANCELLATION BY TENANT / EARLY TERMINATION

1. Cancellation by the tenant requires written confirmation from KHG. Without confirmation, the agreed price remains payable, minus flat-rate savings.

2. In the event of cancellation, the tenant owes 80% of the agreed total price as lump-sum compensation. The tenant remains free to prove that lesser or no damages occurred.

3. Agreed rental terms are fixed and cannot be terminated prematurely without statutory good cause.

VI. TERMINATION FOR CAUSE & EVICTION BY KHG

1. KHG may terminate the contract immediately for cause and enforce house rules (eviction), in particular if:

   • the tenant is in payment default for more than 3 days;
   • guests arrive heavily intoxicated, cause disturbances, or breach house rules;
   • quiet hours from 10:00 PM are breached despite warnings;
   • accommodations were booked under false pretenses or premises are neglected or damaged.

2. In the event of justified termination for cause by KHG, KHG retains full claim to the agreed remuneration. Damage claims by the tenant are excluded.

VII. APARTMENT HANDOVER, RETURN, SPECIAL CLEANING & DAMAGES

1. Times: Check-in is available from 1:00 PM. On departure date, checkout is strictly by 10:00 AM. In case of late vacating, KHG charges 50% until 6:00 PM and 100% after 6:00 PM of the regular daily rate.

2. Defect Notice: Apartments are handed over free of defects. Any defects noted upon move-in must be reported within 24 hours in writing or via email.

3. Condition on Departure & Waste Disposal: The apartment must be left swept clean. Dishes must be washed and put away. All garbage must be separated and disposed of daily into designated external waste containers.

4. Special Cleaning Surcharges (€ 35.00 net / € 41.65 gross per hour): Standard final cleaning covers only normal contractual wear and tear. In the event of excessive or extreme dirt (e.g. vomit, bodily fluids, piles of waste, heavily soiled upholstery/floors), additional cleaning will be billed separately according to house rules and the housekeeping schedule at EUR 35.00 net (EUR 41.65 gross) per man-hour.

5. Kitchen & Appliances (Flat fee € 250.00): Kitchen cleaning is not included in the standard cleaning service. If the kitchen is left uncleaned or excessively soiled, a special cleaning surcharge of EUR 250.00 applies (pursuant to house rules). If appliances (e.g. hobs, oven, microwave, fridge) are heavily soiled, damaged or rendered unusable, the tenant shall additionally bear the full costs of replacement or professional repair.

6. Blocked Drains & Plumbing: Never throw garbage, wet wipes, food residues, or foreign objects into toilets or shower drains. If drains are clogged due to improper use, foreign objects, food waste, or vomit, the tenant shall bear the full costs of professional plumbing and drain cleaning services.

7. Smoking Ban (Flat fee € 500.00): Smoking is strictly prohibited throughout the entire building and in all apartments. Any violation shall incur a flat cleaning and disinfection fee for odor neutralization (e.g. ozone treatment) of EUR 500.00 (pursuant to house rules). KHG expressly reserves the right to assert further claims for damages.

8. Loss of Rental Revenue: If the apartment cannot be re-rented immediately upon departure due to culpable damage, extreme dirt, or required contractor work (e.g. drain clearing, odor neutralization, appliance replacement), the tenant is liable for the resulting loss of rent at the full regular daily rate per day of vacancy.

VIII. LIABILITY OF TENANT & KHG

1. Tenant Liability: The tenant is fully liable for any damage to the building, equipment, and inventory caused by themselves, their agents, colleagues, contractors, or guests.

2. Lost Keys (from € 800.00): In the event of lost keys or electronic badges, the replacement costs for the locking system/cylinder (pursuant to house rules at least EUR 800.00 for master locking cylinders) will be charged to the tenant.

3. Liability of KHG: KHG's liability is limited to intent and gross negligence, except for injury to life, body, or health and breach of cardinal contractual duties. For items brought in, KHG is liable pursuant to Sec. 701 et seq. BGB.

IX. FINAL PROVISIONS & JURISDICTION

1. Amendments require written form. Place of performance and payment is Ostfildern. Exclusive place of jurisdiction for commercial transactions is Esslingen am Neckar. German law applies under exclusion of CISG.

2. Should individual provisions be invalid, the validity of remaining provisions remains unaffected. Invalid terms shall be replaced by terms that most closely achieve their economic intent.

Information acc. to Art. 13 & 14 GDPR