Terms & Conditions
1. SCOPE OF APPLICATION & CONTRACTUAL PARTNERS
1.1 Scope of these Terms and Conditions and Contractual Partners These General Terms and Conditions, hereinafter referred to as GTC, shall apply to all agreements on the temporary rental of apartments and apartments for the purpose of accommodation. Such agreements are made between the Guest and the company ZachaStay (hereinafter referred to as ZachaStay). These GTC also apply to all additional provided services and goods deliveries of the above mentioned companies.
1.2 Conditional Validity of Client's Terms and Conditions Any terms and conditions of the Client shall only apply if they have been explicitly agreed upon in writing in advance.
2. RESERVATIONS AND BOOKINGS
2.1 Reservation and Contract Offer By initiating a reservation or booking, the guest signals his interest in concluding an accommodation contract. If the chosen apartment is available, the Guest will receive a confirmation of the reservation or booking from ZachaStay. At this moment the accommodation contract between the Guest and ZachaStay comes into existence.
2.2 Non-binding offers and rejection Offers made by ZachaStay regarding available apartments are not binding and can be rejected at its own discretion. ZachaStay reserves the right to refuse to enter into an Accommodation Agreement at its sole discretion.
2.3 Restrictions on Category Bookings If the Guest only books a category in an offered property, there is no right to the use of a specific apartment unit. ZachaStay reserves the right to impose industry standard restrictions such as minimum stays, booking guarantees or deposits for specific travel dates.
2.4 The booking can only be considered completed if the Guest submits in advance the complete personal data of all arrivals online in the registration form.
3. CANCELLATION TERMS AND RIGHT OF WITHDRAWAL OF THE GUEST
3.1 Cancellation Terms and Right of Withdrawal The Reservation shall become binding only upon the Guest's payment to ZachaStay. In accordance with the stated cancellation conditions and deadlines, the reservation can be cancelled free of charge by stating the reservation number.
3.2 Lapse of the Right of Cancellation and Effects If no right of cancellation has been agreed upon or if this right has already lapsed (expiration of the free cancellation period), there is also no legal right of cancellation or termination. In this case ZachaStay retains the right to the agreed remuneration, even if the service is not used (no-show) or the cancellation is made late. ZachaStay may credit the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not rented to another party, ZachaStay can make a lump-sum deduction for saved expenses. The guest is then obligated to pay 90% of the contractually stipulated room rate. The guest can prove that this claim did not arise or did not arise in this amount. In case of non-appearance of the guest in case of reservations guaranteed for several days, all following nights from the first night will be cancelled and the guest has no claim for the following nights.
3.3 Day of Arrival Reservations For Day of Arrival reservations, the Guest must make payment in accordance with Section 5 immediately, typically within one hour.
4. PRICES FOR OVERNIGHT STAY AND OTHERS
4.1 Applicable Prices at the Time of Conclusion of the Contract The prices quoted by ZachaStay at the time of conclusion of the Contract shall prevail.
4.2 Prices Including Taxes and Fees The prices quoted are final prices and include all statutory taxes, fees and charges.
4.3 Local taxes Local taxes to be paid, such as visitor's tax, which have to be paid directly by the Guest, are not included.
5. TERMS OF PAYMENT AND INVOICING
5.1 Advance Payment for Overnight Services The guest is obligated to pay the price for the booked overnight service in advance.
5.2 Offsetting possibilities excluded Offsetting on the part of the guest is not permitted unless it concerns an undisputed or legally established claim.
5.3 Accepted payment methods Accepted payment methods include payments via booking portals as well as all payment methods offered on the website.
5.4 Debit of Payment Methods for Additional Services ZachaStay reserves the right to debit the deposited payment methods with amounts for used additional services or violations of the General Terms and Conditions. The Guest expressly gives his/her consent to this.
5.5 Invoicing by e-mail By making a reservation, the guest agrees to receive his/her invoice by e-mail.
6. USE OF THE RESERVED APARTMENTS
6.1 Availability of the reserved apartment The reserved apartment is available to the Guest for the pre-determined period after the reservation.
6.2 Return of Keys and Key Cards The keys and/or key cards provided by ZachaStay shall be returned to the Apartment on the day of departure at a location designated by ZachaStay.
6.3 Fees for lost items In case of loss of keys, key cards, parking passes or non-return of these items, a fee of 60,00€ will be charged. If the loss incurred exceeds 60.00€, ZachaStay reserves the right to charge additional replacement costs. This includes the replacement of the locking system for security reasons. The guest can prove that the incurred damage is less or even non-existent.
6.4 Late Check-out A late check-out can be agreed upon between ZachaStay and the Guest upon availability and upon request. If ZachaStay agrees, a fee of 10,00€ will be charged for each started hour of Late Check-out. If there is no agreement, 35,00€ can be charged per hour. In case of departure more than 3 hours after the originally agreed check-out time, the full night price of the apartment (based on the average price of past nights) will be charged if ZachaStay agrees. Otherwise, the Guest will owe the full overnight rate as well as any additional damages. The Guest may prove that the damage is less or non-existent.
6.5 Earlier Arrival (Early Check-in) An early check-in can be agreed upon between ZachaStay and the Guest upon availability and upon request. If ZachaStay agrees, a fee of 10.00€ will be charged for each commenced hour of Early Check-in. There is no contractual claim for an Early Check-in on the part of the Guest.
7. HANDOVER, TRANSFER, USE
7.1 Subletting and assignment prohibited It is strictly forbidden to sublet the booked apartment or to give it to third parties. This also includes the transfer of apartments or contingents at prices higher than the prices stated by ZachaStay. At the same time, the assignment or sale of claims against ZachaStay is not permitted. In such cases, ZachaStay reserves the right to cancel the reservation, especially if the Guest has provided false information to third parties regarding the booking or payment in case of assignment or sale.
7.2 Restrictions on Use The use of ZachaStay's apartments for purposes other than accommodation is expressly prohibited. This includes in particular any commercial or illegal use. Without express permission, the use of the apartments for photography or video recording is also not allowed. If the apartment is used for reasons other than lodging, ZachaStay reserves the right to cancel the reservation without refund and to vacate the premises.
8. LIABILITY OF ZACHASTAY
8.1 Liability for Damages ZachaStay shall be liable without limitation for damages resulting from injury to life, body or health for which ZachaStay is responsible. Likewise, ZachaStay is liable for damages which are based on intentional or grossly negligent behavior of ZachaStay. In case of simple negligence ZachaStay is only liable limited to the foreseeable damage which is typical for the contract and which the guest may rely on (cardinal obligation).
8.2 Remedy of Defects In case of disruptions or defects of the services of ZachaStay, ZachaStay shall endeavor to remedy the same upon immediate complaint by the Guest or upon knowledge thereof. The guest is also obliged to contribute to the remedy of the disturbance or defect and to keep the damage caused as low as possible. In addition, the guest has to inform ZachaStay immediately about a possible high risk of damage.
8.3 Liability for brought-in items ZachaStay is liable for brought-in items according to the legal regulations. A claim of the guest expires if he/she does not report the loss, destruction or damage to ZachaStay immediately after becoming aware of it, unless a delayed report does not affect the clarification of the facts.
8.4 Liability for parking spaces The provision of a parking space by ZachaStay, whether against payment or free of charge, does not lead to the conclusion of a custody contract and ZachaStay does not assume any duty of supervision. ZachaStay is only liable in case of intent or gross negligence for loss, theft or damage of parked vehicles on the property or parking space.
8.5 Limitation of Claims Claims against ZachaStay are generally subject to a limitation period of one year from the statutory commencement of the limitation period. This does not apply to claims for damages or claims resulting from injury to life, body or health as well as in case of grossly negligent or intentional breach of duty by ZachaStay and in case of breach of cardinal obligations.
8.6 Lost Property ZachaStay does not assume any liability for lost property, unless there is a deliberate or grossly negligent breach of duty by ZachaStay. Lost property can be returned on request for a fee and a handling charge of 20,00€. ZachaStay keeps lost property for six months and disposes of it afterwards.
9. CAUTION
9.1 Security Deposit To secure claims arising from the accommodation contract, ZachaStay can collect a security deposit from the guest prior to handing over the apartment.
9.2 Amount of Security Deposit ZachaStay may retain a security deposit of up to 500 Euro for stays of less than 60 days and one month's rent for stays of 60 days or more.
9.3 Deadlines for the deposit If the Guest does not pay the deposit in time, he has no right to stay in the apartment. ZachaStay may terminate the accommodation contract without notice if the deposit is not paid within a reasonable period of time although the apartment has already been let.
9.4 Settlement of the Deposit ZachaStay must settle the deposit within one month after the termination of the accommodation contract.
10. CUSTOMER DATA
10.1 Collection of data ZachaStay obligatorily collects the e-mail address and telephone number of the guest for communication purposes. In addition, ZachaStay may request valid proof of identification upon arrival, such as an identity card or passport for domestic guests and always a passport for foreign guests.
10.2 Proof of Identity If the identity of a Guest cannot be clearly established due to missing or false documents, ZachaStay reserves the right to cancel the booking.
10.3 Fraud Detection ZachaStay uses software solutions to detect fraudulent bookings by using data such as email address, phone number, credit card details and address of each Guest
11. TERMINATION OF THE ACCOMMODATION CONTRACT
11.1 Termination for cause ZachaStay reserves the right to terminate the Accommodation Agreement for cause. An important reason exists in particular if: a) Force majeure or circumstances for which ZachaStay is not responsible make the fulfillment of the contract impossible. b) ZachaStay has reasonable grounds to assume that the use of the accommodation service may endanger the business operations, the security, the image of ZachaStay or its locations without this being attributable to ZachaStay. c) Bookings are made with false information or concealment of essential facts, such as identity, ability to pay or purpose of stay. d) The purpose of stay is unlawful or serves the purpose of residential prostitution. e) Reselling, subletting or brokering takes place (see section 7).
11.2 Consequences of Termination In case of justified termination by ZachaStay, the Guest shall not be entitled to any compensation. If the termination is based on circumstances for which the Guest is responsible or which are mentioned in section 11.1, ZachaStay is entitled to cancel or refuse future bookings of the Guest as well.
12. NO SMOKING
12.1 Non-smoking apartments All apartments of ZachaStay are non-smoking apartments. Smoking is strictly prohibited in the apartments and common areas of ZachaStay. This also applies to e-cigarettes, shishas, tobacco heaters and similar devices. Smoking on balcony or terrace areas is allowed only if the apartment is marked accordingly and the door to the apartment is closed.
12.2 Sanctions in case of violation In case of violation of the smoking ban, ZachaStay reserves the right to claim damages from the Guest for additional cleaning costs as well as possible loss of revenue due to an unreasonable subletting of the Apartment. The claim for damages amounts to at least 250,00 € and can be higher if ZachaStay can prove a higher damage.
12.3 Safety devices Manipulating or blocking emergency exits, fire extinguishers or fire alarms is prohibited. In case of violation a penalty fee of 150 € will be charged. This also applies to tampering with or turning off security sensors within the apartments.
12.4 Consequences ZachaStay reserves the right to cancel an active booking immediately and to expel guests from the house if violations of smoking or safety regulations are found. In such cases, there is no right to a refund. The guest has the possibility to prove that ZachaStay has suffered no or only minor damage.
13. noise and quiet times
13.1 Noise and Quiet Hours It is prohibited to make noise in the booked apartment, in the common areas and on the premises. The nightly rest from 10 p.m. to 6 a.m. must be observed, unless other times are specified by the house rules. Parties and gatherings as well as excessive noise levels are strictly prohibited in apartments and common areas of ZachaStay.
13.2 Sanctions in case of violation In case of repeated violations of the quiet hours, we reserve the right to impose a fine of 100 euros. In case of violation of the prohibition of parties and gatherings, ZachaStay reserves the right to claim damages from the guest for additional cleaning costs as well as possible loss of revenue due to unreasonable subletting of the apartment. The claim for damages amounts to 500,00 € and can be higher if a higher damage is proven.
13.3 Monitoring and Intervention Decibel sensors may be installed in apartments to detect excessive noise levels. Common areas may also have 24/7 video surveillance. ZachaStay may immediately cancel a booking and expel guests if violations are found. In such cases, there is no right to a refund. The guest has the possibility to prove that ZachaStay has suffered no or only minor damage.
13.4 Enforcement of the house right ZachaStay reserves the right to use third parties such as security services to enforce the house right. Costs arising from the intervention of third parties will be charged to the guest.
14. DAMAGE OR UNAUTHORIZED REMOVAL OF INVENTORY
14.1 Compensation for Damage or Removal of Inventory If damage occurs during the stay beyond the contractual use or inventory is removed without authorization, ZachaStay is entitled to compensation. This includes costs for damage repair, possible loss of revenue due to not being able to rent out the apartment, legal costs and a handling fee of 50 €. The guest can prove that ZachaStay has suffered no or less damage.
14.2 Consent to Video and Photo Recordings With the booking the guest agrees to video and photo recordings from surveillance cameras. These cameras are located outside the apartment, for example in the hallway or in front of the front door. However, it is prohibited to take video and photo recordings in the personal area inside the apartment.
14.3 Use of recordings as evidence The guest agrees that photo and video recordings may be used as evidence of violations of the above policies.
15. MAINTENANCE
15.1 Obligations of the Guest The Guest undertakes to treat the Apartment with care and consideration, to provide adequate ventilation and heating and to avoid gross soiling. In case of soiling beyond the usual use, ZachaStay may charge a cleaning fee of at least 50 € (depending on the condition).
15.2 Notice of Defects The Guest is obliged to check the furnishings of the apartment for completeness and fitness for use upon moving in and to report any defects to ZachaStay immediately.
15.3 Liability of the Guest for Damages The Guest is liable for damages to furnishings and rooms, which he or his visitors culpably cause and which exceed normal wear and tear. Damages have to be reported to ZachaStay immediately. 15.4 Intermediate Cleaning For bookings of more than 7 nights ZachaStay may perform weekly intermediate cleaning. The guest must allow access to the apartment for this purpose.
16. INTERNET USE
16.1 Provision of Internet Access ZachaStay shall provide the Guest with Internet access within technical and operational possibilities. Disruptions due to force majeure or maintenance work may occur.
16.2 Misuse The Guest may not misuse the Internet connection, including illegal downloads, streaming of copyrighted content and distribution of content relevant under criminal law. The Guest shall be liable for any violations and shall indemnify ZachaStay from any claims of third parties.
16.3 Passing on of access data The passing on of access data to third parties or publication is prohibited. In case of violation the guest is liable for any damage caused.
16.4 Blocking in case of legal violations ZachaStay reserves the right to block the internet access in case of legal violations.
17. FINAL PROVISIONS
17.1 Changes and Amendments of the Contract Changes, amendments or cancellations of the Accommodation Contract, the acceptance of the application or these General Terms and Conditions must be made in text form. This also applies to the cancellation of this text form clause. Unilateral amendments or supplements by the Guest shall be invalid.
17.2 Place of performance and payment The place of performance and payment shall be the registered office of the accommodating establishment.
17.3 Place of jurisdiction The exclusive place of jurisdiction for commercial transactions shall be the registered office of the accommodating establishment. If a Party meets the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the accommodating establishment.
17.4 Applicable law German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws shall be excluded.
17.5 Severability clause Should any provision of this contract be invalid, void or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid/void provision, the parties shall agree on a provision that comes as close as possible to the intended purpose. This shall also apply to the filling of any gaps in the contract.
17.6 Dispute resolution procedure The accommodation provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.