General Terms and Conditions
(1) Hiring out of apartments, holiday homes, rental price and contractual partners
The Schwartz & Wrusch GbR hires out these objects in the name of the Immobilien-Service GbR. The rental agreement is concluded with Schwartz Immobilien Service GbR – for the short term (term counted in days). With this booking, the tenant is not yet entitled to the particular apartment booked by him/her. The rental agreement does not come into existence until conformation of this booking is issued by "T&C Apartments“ die Schwartz & Wrusch GbR. The conditions for the conclusion of this rental agreement are stipulated by Schwartz & Wrusch GbR upon each individual booking – and can therefore vary.
(2) Advance payment of the rental price
(2.1) Due date and payment:
In this specific context, a circumstance applies which is essentially contrary to applicable legal regulations: the rental fee is to be paid in advance for the entire duration of the rental term. This payment becomes due upon the conclusion of the rental agreement. This is the point in time at which www.tc-apartments-berlin.de - the Schwartz & Wrusch GbR - confirms the booking of the holiday home or apartment. Initially, the rental amount can be paid by wire transfer to the bank account held by Schwartz Immobilien Service GbR; the respective bank data will be disclosed to the tenant upon his/her receipt of the booking confirmation. This amount becomes due to the hirer no later than the point in time at which the tenant moves into the room. The hirer collects this rental fee in cash and then issues a receipt to the tenant.
(2.2) Delay:
If the tenant has moved into the room without having paid the rental fee in advance, he/she is considered in arrears with this payment. The tenant is then obligated to compensate the hirer for damaged suffered by the hirer as a result of these arrears.
(2.3) Place of fulfilment:
The place of fulfilment for all claims which arise from the rental relationship is the federal state of Lower Saxony.
(3) Termination and premature cancellation of the rental agreement:
For the termination and cancellation of the rental agreement before the elapsed of the previously designated temporary rental period (§ 1), the following provisions apply:
(3.1) Written termination:
In order to become effective, the cancellation must be made in writing. The tenant can declare this termination for the rental agreement issued by Schwartz & Wrusch GbR. This company acts in the name of the Schwartz Immobilien Service GbR. In the event of a dispute, the tenant must provide evidence that he/she has in fact issued a statement of termination. If the tenant wishes to end the relationship by moving out prematurely, he/she must state this accordingly, in writing, to the hirer. In the event of a dispute, the tenant must provide evidence that he/she had moved out before the previously designated end of the rental term and terminated the rental relationship in this manner.
(3.2) Flat-rate damages payment in the event of termination and premature termination of the rental agreement by the tenant:
In the event of termination and (otherwise premature) termination of the rental agreement by the tenant, the following provisions apply: Termination: If the tenant terminates the rental agreement, he/she must compensate the resulting damages. Upon declaring this termination, the tenant is obligated to pay to the hirer flat-rate damages as follows:
| The termination is declared | The tenant owes to the hirer flat-rate damages in the amount of: |
|---|---|
| Up to 21 days | 0 % |
| from 20 days | 20 % |
| from 15 days | 40 % |
| from 10 days | 60 % |
| from 4 days | 100 % |
| before the start of the rental relationship | The rental price agreed to in the contract (rental agreement) |
Cancellation fees do not become due if the first seven (7) days of the cancelled stay are once again hired. If this does not occur, the above conditions apply.
For the calculation of the stipulated time periods, the respective legal regulations apply. The flat-rate damages payment becomes due immediately upon the receipt of the termination notice. In the event of the tenant's premature departure: if the tenant terminates the agreement by his/her premature departure (following his/her entry into the rental relationship, the above regulation becomes respectively applicable. The day of this premature departure then corresponds to the day of termination. However, the premature departure does not supplant the requirement of a written notice of termination by the tenant. Evidence of a lesser extent of damages caused by the tenant: the Schwartz & Wrusch GbR will then immediately make an effort, upon the termination of the rental relationship and in the context of the typical course of business, to rent out the room once again. The tenant may refer a substitute tenant. In addition, on the part of the tenant, he/she remains at liberty to verify to the hirer that lesser damages have occurred.
(4) Jurisdiction
The jurisdiction for all disputes arising from the rental relationship is – in accordance with the applicable legal regulations – the Amtsgericht (District Court) in Oldenburg, in the federal state of Lower Saxony.
(5) Travel-agreement law
The company Schwartz & Wrusch GbR is not a travel business/tour operator. Therefore, the regulations set forth in the German Civil Law Code on the rights of travel businesses – including liability on the part of such operations - are not applicable.
(6) Severability clause
If any of the aforementioned provisions of these General Terms and Conditions of Business should be ineffective, this does not affect the remaining provisions. The parties will then attempt to create a permissible provision which most closely approximates that of the intended regulation.
(7) Conclusion of the agreement
All agreements are concluded between the tenant and Schwartz Immobilien-Service GbR, located at Achterdiek 66a, 26131 Oldenburg. The Schwartz & Wrusch GbR (T & C Apartments) operates a brokerage agency (free of commissions for the guest/tenant) and is entrusted with the organisational processes of Schwartz Immobilien Service GbR. The Schwartz & Wrusch GbR also rents out holiday homes and apartments in its own name; in this case, the agreements will be concluded between the guest/tenant and Schwartz & Wrusch GbR, Kopenhagener Str. 72, 10437 Berlin.
