Terms and conditions
§ 1 Area of Agreement
These terms and conditions apply for contracts regarding rental assignments of accommodations units for living by the Nest-Apartments, Lisette Sifon, Eberswalder Strasse 4 in D-10437 Berlin – hereinafter termed ‘Nest-Apartments’.
Any subletting and/or another than residential use require written affirmation by Nest-Apartments. Terms and conditions of the tenant do only apply if priorly agreed in writing.
§ 2 Contract Formation and Contracting Partners
(1) A contract is only achieved if Nest-Apartments agrees to the tenants’ application in writing.
(2) Contracting Partners are Nest-Apartments and the tenant. If a third person places the order for the tenant, he is personally liable with the tenant as total obligor towards Nest-Apartments for all obligations deriving from the contract as soon as the third person submitted an according representation to Nest-Apartments.
§ 3 Arrival and Departure of the Tenant
(1) The apartment is available from 3 p.m. (CET) on the fixed day of arrival. The tenant is not entitled whatsoever to claim earlier provision of provision of a certain apartment.
(2) At day of departure the tenant has to clear the apartment before noon (CET). If not so and despite of any other further claims, Nest-Apartments raises additional 50% of the daily rent before 6 p.m. and 100% after 6 p.m. However, the tenant may prove that Nest-Apartments has less or no pecuniary injury.
§ 4 Rental Charge, Price Table, Time of Payment
(1) All prices of the price table apply in Euro and for the respective duration of stay until recalled. Prices include taxes. Nest-Apartments assumes no liability for misprints or errors on the price table.
(2) For renting an apartment, the tenant is committed to pay applicable prices as to the price table.
(3) The affirmed rent is due on the account of Nest-Apartments 28 days before actual leasing. In case the rent is not transferred in time, Nest-Apartments is authorized to cancel the reservation. In terms of booking at shorter notice the rent has to be transferred right away. Residence without reservation and extension of the rental period has to be paid to the full amount upfront. If not done so, Nest-Apartments may step back from the agreement promptly.
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h2. § 5 Deposit
A renting period of 1 to 31 days requires a deposit of € 50,00 in cash. This sum is meant to meet expenses as loss of keys, thievery or damage of inventory. If there is no reason for objection at departure of the Nest-Apartment tenant, the deposit is returned in cash and to the full amount.
§ 6 Compensation
Only an indisputable or legally valid claim by the tenant can compensate or lesson claims of Nest-Apartments.
§ 7 Ignoring the smoking ban
(1) Smoking is prohibited in all signed non-smoking apartments.
(2) If a tenant is ignoring the smoking ban he/she has to come up for all cleaning (cleaning of all objects, textiles and more by another contractor) and compensate all damages. In addition, the tenant has to come up for loss of rent during time of restoration.
§ 8 Terms of use
(1) The tenant has no right to accommodate more persons than stated in the respective booking confirmation. Expelling this term allows Nest-Apartments to cancel the contract without notice and claim a reasonable addition for the over-occupancy.
(2) The tenant has to handle rooms and inventory of furnished housing units with care. Damages being caused by the tenant or subcontractors during the term of lease have to be compensated.
§ 9 Withdrawal by the tenant (cancellation, reversal)
(1) Withdrawal of the contract with Nest-Apartments by the tenant requires written agreement by Nest-Apartments. It is issued as stated in § 2 and § 3.
(2) When the tenant is withdrawing previous to the 28th day previous to the term of lease there is a cancellation fee of 15% of the total rent, yet at least a sum of € 35,00 for each housing unit.
(3) When withdrawing between 28 and 8 days previous to the term of lease there is a handling and cancellation fee of 50%. When withdrawing between 7 and 1 day previous to the term of lease it is 75%, yet at least a sum of € 50,00 for each housing unit.
(4) When not showing up or cancelling on day of arrival, the full amount of the total rent fall due. The same applies when the tenant is withdrawing from the contract during the term of lease. Nest-Apartments will not compensate any rent whatsoever.
(5) This does not apply in case of default or any impossibility in terms of service provision on behalf of Nest-Apartments.
(6) In case cancelled housing units are being leased for the full amount of time to another tenant, the handling and cancellation fee of passage 2 and 3 reduces to 10% of the total rent.
(7) The tenant may prove that less costs incurred for the Nest-Apartments.
(8) If the tenant and Nest-Apartments agreed in writing on a date for resignation of the contract, the tenant may withdraw until this date from the contract without causing any claims for compensation on behalf of Nest-Apartments.
§ 10 Withdrawal by Nest-Apartments
(1) If right of withdrawal by the tenant in a certain period has been agreed, Nest-Apartments has the right to withdraw from the contract in the same period when there is/are other interested party/s to book the same living unit/s and when the tenant is not abandoning his rights of withdrawal by request of Nest-Apartments.
(2) If an agreed prepayment is not being made, Nest-Apartments has the right to step back from the contract. Nest-Apartments is eligible to step back from or cancel the contract for objectively justifiable reasons. These may be in particular:
Force majeure or other circumstances not championed by Nest-Apartments, which make the fulfilment of the contract impossible.
Living units being booked with misleading representation in crucial facts of the contract as e.g. under wrong name.
When the smoking ban as stated in § 7 is being ignored.
(3) Nest-Apartments has to inform the tenant about the exertion of the right of withdrawal or termination right away.
(4) In case of eligible withdrawal or termination by Nest-Apartments, the tenant has no right for compensation of damages.
§ 11 Liability
(1) Nest-Apartments is liable for accuracy of a reputable trader. Liability is limited to malice and culpable negligence. The tenant is obligated to contribute to a reasonable degree in the abatement of nuisance or reduction of damages.
(2) The tenant is liable for all damages of the living unit/s or inventory being caused by him/her, his/her assistants, guests or visitors. The tenant authorizes Nest-Apartments to charge the given credit card to the amount of the remedying of damages.
§ 12 Decoration materials
Applying decoration materials is only allowed if previously agreed by Nest-Apartments.
§ 13 Final provisions
(1) Place of fulfilment and payment is place of Nest-Apartments. Exclusive place of jurisdiction is Berlin. Applicable is German law.
(2) Changes of or compliments to the contract, the acceptance proposal or these general terms and conditions have to happen in writing. Oral agreements differing from conditions of the rental contract need written affirmation by Nest-Apartments. Unilateral changes or compliments by the client are void.
(3) Should single settlements of these terms and conditions for living units be or become void, other settlements are not concerned. Apart from that count statutory provisions.