General Terms and Conditions

1. Scope of application and contractual partners

1.1. These General Terms and Conditions, hereinafter referred to as GTC, apply to all contracts for the rental of flats for accommodation purposes concluded between ApartDays (hereinafter referred to as ApartDays) and third parties (guests), as well as to all other services and deliveries provided by the aforementioned companies.

1.2. The guest’s contractual partner is ApartDays.

1.3. The customer’s general terms and conditions shall only apply if this has been expressly agreed in text form.

2. Reservations/Booking

2.1. By making a reservation/booking, the guest offers to conclude an accommodation contract. If the booked apartment is available, ApartDays will issue a reservation/booking confirmation, whereby an accommodation contract is concluded between ApartDays and the guest.

2.2. The offers presented by ApartDays with regard to the available apartments are to be regarded as subject to change and non-binding. ApartDays is free to refuse the conclusion of an accommodation contract at its own discretion.

2.3. In the case of a booking of a category in an offered property, the guest is not entitled to the use of a specific accommodation service. ApartDays reserves the right to impose industry-standard restrictions, such as minimum stays, booking guarantees or down payments for certain travel dates.

3. Cancellation deadlines/cancellation by the customer/non-use of services (no-show)

3.1. A reservation is only guaranteed once the guest has made payment to ApartDays. Cancellation is possible in accordance with the stated cancellation conditions and deadlines. It is obligatory to state the corresponding reservation number. Cancellation is free of charge.

It should be noted that a right of withdrawal only exists on condition that such an agreement exists or that the right of withdrawal has already expired (expiry of free cancellation period). In this case, there is no statutory right of withdrawal or cancellation. Should ApartDays not agree to a cancellation of the contract, ApartDays shall retain the right to the agreed remuneration despite non-use of the service (no-show) or late cancellation. ApartDays shall offset the income from renting the rooms to other parties as well as the expenses saved, and in the event that the rooms are not rented to other parties, ApartDays may deduct the expenses saved. In this case, the customer is obliged to pay 90 % of the contractually agreed price for overnight accommodation. The customer is at liberty to provide proof that the aforementioned claim has not arisen or has not arisen in the amount claimed, and in the case of reservations guaranteed for several days, all further nights from the first night will be cancelled if the guest fails to appear. In this case, the guest has no claim to the subsequent nights.

3.2. For reservations made on the day of arrival, payment in accordance with point 5 is due immediately after booking, usually within 60 minutes.

4. Accommodation prices and other prices

4.1. The prices shown by ApartDays at the time of conclusion of the contract are defined as binding. The prices shown are to be understood as gross prices and include all statutory taxes, fees and charges. Charges that are incurred locally by the guest, such as visitor’s tax, are not included in the prices shown.

5. Terms of payment and invoice

5.1. The price for the accommodation service booked by the guest must always be paid in advance by the guest.

5.2. Offsetting by the guest is limited to undisputed or legally established claims, unless mandatory statutory offsetting rights exist.

5.3. Accepted means of payment are Visa, MasterCard, American Express, Paypal, Sofortüberweisung/Klarna or regular bank transfer.
Cash payment is not accepted.

5.4. ApartDays reserves the right to charge a fee for the use of additional services or for breaches of the General Terms and Conditions. The guest expressly authorises ApartDays to charge these fees.

5.5. When making a reservation, the guest agrees to receive the invoice in digital form, i.e. as a download or by e-mail.

6. Possible uses of reserved flats

6.1. A reserved flat is available to the guest for the period specified in the reservation.

6.2. The keys, parking passes and/or key cards provided by ApartDays must be deposited on the day of departure with ApartDays, a third party nominated by ApartDays or at the storage location indicated by ApartDays by means of a sign and/or notice. A fee of € 50.00 will be charged in the event of loss of a key, key card or car park pass or if the aforementioned items are not returned. ApartDays is also entitled to demand further compensation from the guest for any damage incurred as a result if this exceeds €50.00. This also includes the replacement of the affected locking system if this is necessary for security reasons. The guest is entitled to prove that ApartDays has suffered less or no damage at all.

6.3. On request and subject to availability, a later departure (late check-out) can be agreed between ApartDays and the guest. If ApartDays agrees to the late check-out, ApartDays shall be entitled to charge € 10.00 per hour or part thereof for the additional use of the flat. If no agreement is given, ApartDays shall be entitled to charge € 30.00 for each hour or part thereof. In the event of departure later than 3 hours after the originally agreed check-out time, the full accommodation price of the flat will be charged, provided ApartDays has agreed to this. If no agreement is given, the guest is obliged to pay compensation for any further damage in addition to the full accommodation price. The guest is entitled to prove that ApartDays has suffered less or no damage at all.

6.4. A contractual claim of the guest for late check-out is excluded.

6.5. An earlier arrival (early check-in) can be agreed between ApartDays and the guest on request and subject to availability. If ApartDays agrees to the early check-in, ApartDays is entitled to charge € 10.00 per hour or part thereof for the additional use of the flat. The guest is not contractually entitled to early check-in.

7. Transfer, subletting, utilisation

7.1. It is prohibited to sublet or sublet the booked flats to third parties. This includes in particular the subletting of flats to third parties at prices higher than those stated by ApartDays. Furthermore, it is prohibited to assign or sell claims against ApartDays. In the aforementioned cases, ApartDays is authorised to cancel the reservation, in particular if the guest has provided incorrect information about the booking or payment to third parties in the event of assignment or sale.

7.2. The use of ApartDays flats for purposes other than accommodation is explicitly prohibited. This includes any commercial or illegal use. Furthermore, the use of the flats for photo or video recordings without explicit consent is also prohibited. In the event of use for reasons other than accommodation, ApartDays reserves the right to cancel the reservation without refund and to vacate the rented property.

8. Liability of ApartDays

8.1. Liability of ApartDays for damages for which it is responsible includes injury to life, limb or health and is unlimited. In addition, ApartDays shall be liable for other damages resulting from an intentional or grossly negligent breach of duty on the part of ApartDays. In the event of simple negligence, ApartDays shall be liable only and limited to the foreseeable damage typical of the contract, provided that an obligation is breached, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the guest may rely (cardinal obligation). A breach of duty on the part of ApartDays is equivalent to a breach of duty on the part of its legal representatives, employees or vicarious agents. Further claims for damages are excluded unless otherwise stipulated in these General Terms and Conditions.

8.2. In the event of disruptions or defects in ApartDays’ services, ApartDays is obliged to remedy the situation within a reasonable period of time following immediate notification by the guest or following its own knowledge. The guest is obliged to provide ApartDays with reasonable support in remedying the disruption or defect and to take measures to minimise damage. The guest must inform ApartDays immediately if there is a risk of significant damage being caused.

8.3. The provision of a parking space by ApartDays, whether for a fee or free of charge, does not constitute a safekeeping agreement or a monitoring obligation on the part of ApartDays. ApartDays shall only be liable for damage to parked or manoeuvred motor vehicles on the property or parking space in the event of intent or gross negligence. Damage must be reported to ApartDays immediately, obvious damage before leaving the car park. ApartDays is not liable for damage caused by third parties.

8.4. ApartDays is liable for items brought in by the guest in accordance with the statutory provisions. Claims by the guest due to loss, destruction or damage to items brought in by the guest must be reported to ApartDays immediately upon becoming aware of them. A separate written agreement with ApartDays is required for money, valuables or valuables with a value of more than € 800.00 and for other items with a value of more than € 3500.00. Without this agreement, ApartDays shall not be liable for such items brought in.

8.5. Claims against ApartDays shall generally become time-barred within one year of the commencement of the statutory limitation period. Excluded from this are claims for damages and other claims based on injury to life, body or health, gross negligence, intent or the breach of a cardinal obligation by ApartDays. The statutory limitation periods apply to these claims.

8.6. ApartDays accepts no liability for lost property, except in the case of wilful or grossly negligent breach of duty by ApartDays. Lost property will only be returned upon request and against payment of the shipping costs and a handling fee of €15.00. Lost property will be kept for a period of six months, after which it will be disposed of.

9. Security deposit

9.1. ApartDays shall be entitled to demand reasonable security deposits from the guest prior to the handover of the flat in order to secure all claims arising from the accommodation contract:

• for a stay of less than three months, the deposit to be paid is € 250.00;
• for stays between three and six months, a deposit in the amount of the monthly accommodation costs must be paid.

In the event of a stay of less than three months, ApartDays reserves the right to secure the deposit/security deposit by pre-authorising the means of payment provided by the guest.

In the event of non-payment of the deposit/security deposit by the guest, there is no entitlement to receive the flats. ApartDays reserves the right to terminate the accommodation contract without notice if the guest fails to pay the agreed deposit within a reasonable, subsequently set period after the flats have already been handed over.

9.2. ApartDays is obliged to settle the deposit within one month of the end of the accommodation contract.

10. Customer data

10.1. ApartDays collects the guest’s e-mail address and telephone number to ensure smooth communication. ApartDays reserves the right to request a valid identification document in digital form at check-in. Domestic guests identify themselves with an identity card or passport, foreign guests always with a passport.

10.2. ApartDays is entitled to cancel bookings if the identity of the guest cannot be verified beyond doubt due to missing or incorrect documents.

11. Termination of the accommodation contract

11.1. ApartDays is entitled to terminate the accommodation contract without notice for good cause. Good cause exists in particular in the following cases:

1. If force majeure or other circumstances for which ApartDays is not responsible make fulfilment of the contract impossible.
2. If ApartDays has justified concerns that the use of the accommodation service jeopardises the business operations, safety or image of ApartDays and ApartDays is not responsible for this.
3. If bookings have been made on the basis of false or misleading information or concealment of material facts, in particular with regard to identity, solvency or the purpose of the stay.
4. If the purpose of residence is unlawful or serves the purpose of residential prostitution.
5. In the event of unauthorised resale, subletting or brokering (in accordance with point 7).

ApartDays shall inform the guest immediately of the exercise of the right of cancellation.

11.2. In the event of justified cancellation by ApartDays, any claims for damages by the guest shall lapse.

11.3. If the accommodation contract has been cancelled by ApartDays due to a circumstance for which the guest is responsible or for one of the reasons stated in point 1, ApartDays shall be entitled to cancel or refuse future bookings already confirmed by this guest as well.

12. Gift Vouchers

12.1. A gift voucher purchased from ApartDays is only valid for ApartDays services. Any remaining credit will not be paid out, but will be credited for future bookings.

12.2. Gift vouchers cannot be returned. Vouchers are neither resalable nor transferable and cannot be paid out in cash in whole or in part.

12.3. The customer is responsible for the accuracy of the data provided, in particular the e-mail address to which the voucher and invoice are sent.

13. Smoking ban and safety equipment

13.1. All ApartDays flats are strictly non-smoking areas. Smoking is prohibited in the flats as well as in all common areas of ApartDays. This applies without exception to cigarettes, e-cigarettes, shishas, tobacco heaters and similar smoking devices.

13.2. Smoking on balconies and terraces is only permitted in designated areas and on condition that doors and windows to the flat remain closed.

13.3. In the event of a breach of the smoking ban, ApartDays is entitled to demand compensation from the guest in the amount of the necessary cleaning costs and any loss of revenue due to the inability to re-let the flat. The minimum amount for this compensation is € 250.00. ApartDays may prove higher damages and claim them accordingly. The guest has the right to prove that less or no damage has been incurred.

13.4. Tampering with or blocking emergency exits, fire extinguishers and fire alarm systems is strictly prohibited. An offence will be punished with a fine of €150.00. This also applies to tampering with or deactivating security sensors in the flats.

13.5. If ApartDays becomes aware of violations of points 13.1 and 13.4, ApartDays is entitled to cancel the existing booking without notice and to expel the guest from the property. In this case, there is no entitlement to a refund or partial refund. However, the guest has the opportunity to prove that ApartDays has incurred no or less damage.

13.6. All ApartDays apartments are equipped with smoke detectors that automatically send a notification to the property manager in case of an alarm. The guest is fully liable for the costs incurred by the intentional or negligent triggering of the fire alarm system. These costs include, in particular, the expenses for the property manager’s call-out as well as any consequential costs arising from the false alarm (e.g., fire department, security service). The guest has the option to prove that no or lesser damage has occurred.

14. Prohibition of Parties and Gatherings

14.1. In the Apartments of ApartDays, communal areas, and on the entire ApartDays premises, noise is generally to be avoided. Quiet hours (“rest periods”), during which all noise is to be reduced, are from 10:00 PM to 7:00 AM. On Sundays and public holidays, this applies throughout the day until 7:00 AM on the next working day, unless the house rules specify different times.

14.2. The holding of parties and gatherings is not permitted in ApartDays’ apartments and communal areas.

14.3. In the event of a violation that results in the apartment not being reasonably re-lettable, ApartDays is entitled to demand compensation from the guest for the special cleaning costs and any loss of revenue, amounting to a minimum of €500.00. Further claims for damages remain unaffected. The guest has the option to prove that ApartDays incurred no damage or a lesser amount of damage.

14.4. Decibel measuring devices may be installed in the apartments and communal areas, which are used solely to measure the noise level. These devices do not record conversations or voices. Video surveillance systems are installed in communal areas, such as hallways or other shared spaces. These systems operate 24/7 and recordings are stored on a video recorder.

14.5. If ApartDays becomes aware of violations of points 14.1 and 14.2, ApartDays is entitled to immediately terminate the booking and evict the guest from the premises. Claims for refunds or partial refunds are excluded. The guest can prove that ApartDays incurred no damage or a lesser amount of damage. ApartDays reserves the right to engage third parties, such as security services, to enforce its house rules. The costs incurred by such third-party intervention will be charged to the guest.

15. Damage or Unauthorized Removal of Inventory

15.1. In the event of damage to the apartment that exceeds normal wear and tear, or unauthorized removal of inventory, the guest is liable for damages. This includes the costs of repair or replacement, loss of revenue, legal costs, and a processing fee of €50.00. The guest can prove that no or lesser damage has occurred.

16. Pets

16.1. The bringing of pets is prohibited in ApartDays’ apartments and communal areas. Guide dogs for the blind, hearing dogs, and other comparable assistance dogs are permitted free of charge at any time upon presentation of proof. The corresponding proof must be provided to ApartDays independently before check-in.

16.2. ApartDays reserves the right to grant exceptions to the general ban on pets in individual cases, although the guest has no entitlement to this. A special cleaning fee of €150.00 will be charged for the unauthorized keeping of pets in the apartments. In the event of a violation of point 1, ApartDays is entitled to terminate the booking immediately. Any claims for refunds are excluded. The guest can prove that ApartDays incurred no damage or a lesser amount of damage.

17. Maintenance

17.1. By booking an ApartDays apartment, the guest undertakes to treat the apartment and all communal areas with care and consideration, to ensure adequate ventilation and heating, and to avoid excessive soiling. In the event of soiling that exceeds normal use, ApartDays is entitled to charge an additional cleaning fee of at least €50.00 (depending on the degree of soiling). The guest can prove that ApartDays incurred no damage or a lesser amount of damage.

17.2. The guest is obliged to check the apartment and its furnishings for completeness and functionality upon arrival and to notify ApartDays immediately of any defects or complaints.

17.3. The guest is responsible for all damage to the apartment, furnishings, and communal areas caused by them or their visitors due to culpable, non-contractual behavior and that is not attributable to normal wear and tear. All damage must be reported to ApartDays immediately.

17.4. For bookings with a stay of more than 7 nights, ApartDays is entitled to carry out weekly interim cleanings. The guest is obliged to grant access to the apartment to the service provider or ApartDays employees commissioned by ApartDays for this purpose.

18. Internet Usage

18.1. ApartDays provides the guest with internet access within the scope of technical and operational possibilities. However, the availability of the internet cannot be guaranteed, as disruptions may occur due to force majeure, maintenance work, or similar events.

18.2. The guest may not misuse the internet connection. Misuse includes, in particular, the downloading and distribution of copyrighted content via peer-to-peer sharing platforms, illegal streaming offers, and the posting, retrieval, or transmission of criminally relevant content (in particular, §§ 130, 130a, 131, and 184 of the German Criminal Code (StGB)). The guest is obliged to observe the copyright, patent, name, trademark, and personal rights of third parties when using the internet. The guest shall indemnify ApartDays on first request against all claims and claims for damages by third parties, as well as the reasonable costs of legal defense, arising from unlawful use of the provided internet connection by the guest or by third parties with the guest’s knowledge. This indemnity claim includes, in particular, claims arising from the infringement of copyright, patent, name, trademark, and personal rights, as well as from violations of data protection regulations.  

18.3. The guest undertakes not to pass on or publish the access data for the ApartDays internet access to third parties. In the event of a violation of this regulation, the guest is liable for all damages caused by the transfer.

18.4. In order to prevent legal violations, ApartDays is entitled to block the guest’s internet connection in the event of such violations.

19. Data Protection

19.1. The data protection regulations can be viewed at: https://apartments-giesen.de/en/privacy-policy/

20. Final Provisions

20.1. Amendments, supplements, or the cancellation of the accommodation contract, the acceptance of the application, or these General Terms and Conditions must be in writing. This also applies to the cancellation of this written form clause. Unilateral changes by the guest are invalid.  

20.2. The registered office of the accommodation provider is agreed as the place of performance and payment.

20.3. In commercial transactions, the registered office of the accommodation provider is agreed as the exclusive place of jurisdiction for all disputes. This also applies if the contracting party meets the requirements of § 38 (2) of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany.

20.4. German law applies exclusively. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules is expressly excluded.

20.5. If a provision of this contract is or becomes ineffective or void, the effectiveness of the remaining provisions shall remain unaffected. In the event that a provision is ineffective or void, the parties are required to agree on a corresponding replacement provision that comes as close as possible to the intended purpose of the ineffective/void provision. This also applies to filling any contractual gaps.

20.6. The accommodation provider has decided not to participate in dispute resolution proceedings before consumer conciliation bodies and is also not obliged to do so.