Terms and conditions for contracts of the Yellow House GmbH, Neustraße 41, 52066 Aachen, represented by the management
§ 1 Area of application and subject matter
a) These terms and conditions apply to contracts dealing with the temporary leasing of apartments and accommodations as well as all further services and supplies provided for the customer by the Yellow House GmbH.
b) As a matter of principle, the under- or subletting or leasing of the apartments as well as their use by the customer to purposes other than accommodation are not permitted and in any case require a previous written consent from the Yellow House Immobilien GmbH. § 540 subparagraph I sentence 2 BGB (German Civil Code) is waived, if the customer is not the user.
§ 2 Contracts conclusion
a) The contract will come to a close through the written confirmation and acceptance of the written offer (by mail as well) or leasing contract of the Yellow House Immobilien GmbH by the customer.
b) As a matter of principle, the customer has no entitlement to an extension of the accommodation contract. After the expiration of the leasing period the leasing contract is considered to be terminated and has to be newly agreed upon in written form.
§ 3 Services, prices, payment, deposit, set-off
a) The customer is obligated to pay the agreed price of the Yellow House Immobilien GmbH for the leasing of the apartment(s) and the services made use of by the customer. This also holds for services of the Yellow House Immobilien GmbH arranged by the customer for a third party. If there is no price arrangement, the prices as listed in the Internet (www.yellow-house.com) are considered as content of the contract.
b) The prices are net. Added is the currently valid VAT rate of 19%. agreed upon include the official VAT (value added tax). Guests, who are subletting their apartment to a third party, have to make out an invoice including VAT and have to pay this VAT to the tax office.
d) Invoices of the Yellow House Immobilien GmbH without an explicit due date are due and to be paid 3 workdays from the next 1st day of a month.
e) When the contract is concluded the 1st rent for the apartment is due directly, even if the the leasing period is at a later point in time. The payment is a necessary requirement for the hand-over of keys.
f) At the conclusion of the leasing contract a security deposit amounting to one month's rent is to be provided, which will be paid back with no-interest when the tenancy has ended, provided that no damages caused by the customer with regard to the apartment or its furnishing were detected and that there are no outstanding rent claims. The security deposit will be accepted only in cash.
§ 4 Cancellation of the contract
a) The cancellation of the closed contract on part of the customer is free of charge only 22 days before the declared day of arrival. When cancelling the contract up to 17 days before the declared day of arrival 20 %, up to 12 days before the declared day of arrival 50%, up to 7 days before the declared day of arrival 80 % and after that 100 % of the agreed rent are due. Revenues gained by a letting of the not used apartment to somebody else will be credited. It rests with the customer to submit evidence to the letting to somebody else.
b) In case of an objectively justifiable reason the Yellow House Immobilien GmbH is entitled to withdraw from a contract. Reasons objectively regarded as justifiable are especially cases of force majeure or other circumstances for which the Yellow House Immobilien GmbH is not responsible, which make it impossible to fulfil a contract.
In case of a legitimate withdrawal of the Yellow House Immobilien GmbH the customer is not entitled to compensation.
§ 5 Provision of the apartments
a) The customer does not acquire the right to be provided with a specific apartment.
b) The Yellow House Immobilien GmbH may provide the contracting party or customer with an adequate substitute accommodation (same quality), if this can be expected of the customer.
d) The cleaning of the apartment is done once a week during a weekday. On principle, the customer has no claim to the apartment being cleaned on a specific day or at a specific time.
§ 6 Liability and limitation
a) For loss or damage occurring to the apartment or its furnishing during the period of lease the customer is liable to the Yellow House Immobilien GmbH. This is, as long as the damage verifiably has not occurred due to a cause which lies within the sphere of responsibility of the Yellow House Immobilien GmbH. If the Yellow House Immobilien GmbH provides the customer with technical or other equipment by a third party, the Yellow House Immobilien GmbH (with regard to authorisation and billing) acts on behalf of the customer, who is liable for the careful use and the proper return, and keeps the Yellow House Immobilien GmbH indemnified against all liabilities by third parties.
b) The liability of the Yellow House Immobilien GmbH for its obligations as held down in the contract is restricted to intent and gross negligence by the Yellow House Immobilien GmbH or persons consigned with the fulfilment of the obligations on part of the Yellow House Immobilien GmbH. This holds as long as it does not involve harm to life, body or health or negligent violation of contract coherent obligations by the Yellow House Immobilien GmbH.
c) The Yellow House Immobilien GmbH is liable to the customer for property brought into the apartment according to the statutory provisions providing that a liability is given only if the property was committed to the Yellow House GmbH or a person assigned and authorised by the Yellow House Immobilien GmbH or was brought to a place destined for it by Yellow House Immobilien GmbH. A liability exceeding the standard amounts as laid down in § 702 BGB amounting to one hundred times the apartment's rent for one day or a maximum of 3,500 € or 800 € for cash, securities of valuables is expressly ruled out, as long as the loss, destruction or damage was not caused by an intentional or grossly negligent behaviour on side of the Yellow House Immobilien GmbH.
§ 7 Period of limitation
Any claims against the Yellow House Immobilien GmbH shall generally be time-barred one year after the commencement of the general statute of limitations dependent upon knowledge of § 199 subparagraph I BGB (German Civil Code).
§ 8 Final provisions
Place of fulfilment and place of payment is the place of residence of the Yellow House Immobilien GmbH in Aachen.
In case the contracting partner fulfils the requirements of the § 38 subparagraph II ZPO (civil process order) the exclusive place of jurisdiction is - also with regard check and bill disputes - Aachen.
The contracting parties are bound by German law. The application of conflict of laws is excluded.
If and to the extent to which any provisions of this contract should be void or infeasible or should lose their validity or feasibility, this shall not affect the validity of the other provisions of this contract. The same shall apply, if the provisions of the contract are found to be incomplete. The invalid, infeasible or incomplete provision shall be replaced by an appropriate provision, which, as far as legally feasible, most nearly achieves what the contractual parties would have intended or would have intended in accordance with the purpose of the contract, if they had considered this point when concluding this contract.
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