Terms and Conditions

Section 1 Scope of application

These terms and conditions apply to all contracts for the rental of furnished apartments for accommodation, as well as to all related services and deliveries provided to the customer by ipartment GmbH.
The provision of services shall be carried out exclusively in accordance with these terms and conditions; we do not accept any contrary or deviating general terms and conditions of the customer unless we have expressly agreed to their validity.

§ 2 Conclusion of the contract, contracting parties, sub- and resale

The contract is concluded upon the acceptance of the customer's request by ipartment GmbH. ipartment GmbH is free to confirm the customer's booking in writing.
If the content of the booking confirmation differs from the content of the customer's request, the differing content of the booking confirmation shall be binding on the customer and ipartment GmbH, unless the customer objects in writing within one week of receiving it. ipartment GmbH undertakes to specifically inform the customer of this when the period begins.
The contractual partners are ipartment GmbH and the customer. If a third party, in particular an orderer or employer for the customer, has placed an order for the customer, they are jointly and severally liable to the customer for all obligations under the rental agreement, provided that ipartment GmbH has received a separate express declaration from the third party.
The subletting or resale of the apartment provided as well as the invitation to job interviews, sales events or similar events require the written consent of ipartment GmbH. § 540 Abs. 1 Sentence 2 BGB is explicitly excluded insofar as the customer is an entrepreneur.

§ 3 Services, prices, payment methods

ipartment GmbH is obliged to provide the apartment booked by the customer or an equivalent apartment and to provide the agreed services.
The customer is obliged to pay the agreed or customary prices of ipartment GmbH for the apartment and the additional services that they have used.
The agreed prices are exclusive of the respective statutory value-added tax.
The agreed remuneration must be paid in advance each month for a rental period of more than one month, to the account specified in the rental agreement, by the 3rd working day of a month. Otherwise, invoices must be paid by ipartment GmbH without a due date within 10 days of receipt of the invoice without deduction. ipartment GmbH is entitled to set off any outstanding amounts at any time and to demand immediate payment. In the event of default in payment, ipartment GmbH is entitled to charge interest of 8 % % per month and, in the case of transactions in which a consumer is involved, 5 %% above the base interest rate. ipartment GmbH expressly reserves the right to prove a higher damage.
For each reminder after the default date, a reminder fee of 3.00 euros will be charged. The customer is free to provide proof that these fees were not incurred or not in the required amount.
ipartment GmbH is entitled to require an appropriate advance payment and/or security deposit at the conclusion of the contract or thereafter. The amount of the advance payment and the payment deadlines can be agreed in writing in the contract. The security deposit can also be provided by making available credit card details. In this case, ipartment GmbH is entitled to collect the agreed remuneration by credit card in the event of non-compliance with payment deadlines.
The customer may only offset claims against ipartment GmbH that are undisputed, legally established, or have reached the final stage of adjudication. If the customer is an entrepreneur, they may only reduce the rent if the right to reduce the rent is established as undisputed or legally established.
If the customer has provided security by making available credit card details, ipartment GmbH is entitled to charge the customer for any additional services requested by the customer, such as final cleaning, special cleaning or mini bar refilling, using the customer’s credit card after appropriate invoicing has been provided.

§ 4 Smoke ban, animal husbandry

The apartments of ipartment GmbH are non-smoking apartments. Therefore, smoking is prohibited in the apartments. In the event of a violation, ipartment GmbH is entitled to terminate the lease without notice. Furthermore, ipartment GmbH may, if necessary, charge a special cleaning fee for nicotine smoke in the apartment amounting to at least 500.00 EUR net.
Animal husbandry in the rented apartments is only permitted with the written consent of ipartment GmbH.

§ 5 Provision, handover and return

Unless there is an agreement to the contrary, the customer has no right to be provided with a specific apartment.
Booked apartments are available to the customer from 3 PM on the agreed arrival day. The customer has no right to earlier provision.
On the agreed departure date, the ipartment GmbH must have the apartment vacated by no later than 11:00 a.m. Thereafter, ipartment GmbH may charge the customer 50% % of the daily price for the apartment if the departure is not completed by 18:00. If the departure is not completed after 18:00, the entire daily price for the following day may be charged. This does not constitute a basis for the customer’s contractual claims. The customer is free to prove that ipartment GmbH has not suffered any damage or a significantly lower amount of damage.
The apartment must be returned in the condition in which the customer found it. The customer must remove all their personal belongings from the apartment and dispose of any food they have brought with them.
For insurance purposes, ipartment GmbH requests that the customer close the apartment door when leaving the apartment.

§ 6 Withdrawal and cancellation

The following cancellation conditions apply to the customer:

Cancellation fees (% of the original total offer)
– Short-stay bookings: free of charge up to 1 day before arrival
– Midstay bookings: free of charge up to 7 days before arrival
– Longstay bookings: free of charge up to 7 days before arrival
– In the event of a cancellation after the specified deadlines, 100% of the rental price will be charged.

For company-specific pricing agreements, the cancellation terms can be individually agreed upon.

Cancellation must be made in writing (by email, letter, fax) to ipartment GmbH.
If a date for the free cancellation of the contract has been agreed in writing between ipartment GmbH and the customer, the customer may cancel the contract before then without incurring any payment or damage claims against ipartment GmbH. The customer’s right to cancel the contract expires if they do not exercise their right to cancel in writing to ipartment GmbH by the agreed deadline.
If a free cancellation right of the customer has been agreed upon in writing within a certain period, ipartment GmbH is also entitled to withdraw from the contract during this period if requests from other customers for contractually booked apartments are present and the customer does not waive his right to cancel upon request from ipartment GmbH.
If an agreed advance payment or security deposit is not paid after a reasonable period of time has passed after the ipartment GmbH has set a deadline, the ipartment GmbH is entitled to terminate the contract. In this case, the customer shall pay the ipartment GmbH cancellation fees and processing fees in accordance with § 6, paragraph 2.
ipartment GmbH is also entitled to exceptionally withdraw from the contract for a justified reason, for example if

• force majeure or other circumstances that the ipartment GmbH cannot be held responsible for make the performance of the contract impossible;

• Apartments booked under misleading or false statements regarding material facts, such as those related to the customer’s person or purpose;

• ipartment GmbH has justified the reason for assuming that the use of the booked apartments may endanger the peace and quiet of the community, the safety or the reputation of ipartment GmbH in the public eye, without this being attributable to the governing or organizational area of ipartment GmbH.

Section 7 Loss or damage to items brought along

Items brought along are at the risk of the customer in the rented apartment. ipartment GmbH assumes no liability for loss, destruction or damage, including property damage, except in cases of gross negligence or intent on the part of ipartment GmbH. This does not apply to damages resulting from the violation of life, body or health. Furthermore, all cases where storage constitutes a material contractual obligation due to the circumstances of the individual case are excluded from this liability disclaimer.

§ 8 Technical equipment and connections

The use of the customer’s own electrical systems using the apartment’s electricity network requires the written consent of ipartment GmbH, unless it is a matter of ordinary daily use. Any disruptions or damage to the apartment’s technical systems caused by the customer’s use of these devices shall be borne by the customer, unless ipartment GmbH is not responsible for them.
The customer is entitled to use the telephone, fax and data transmission facilities available in the apartments. The customer must pay the fees incurred in connection with the use, in addition to the agreed rental fee, insofar as fees beyond those agreed by ipartment GmbH arise through their use. The use of personal mobile phones is of course free of charge and permitted.
The customer is prohibited from engaging in illegal file-sharing using the internet connection provided by the ipartment GmbH. This includes any downloading or uploading of copyrighted music, film, or software files. The customer is liable for all damages that the ipartment GmbH and/or the rights holder suffer as a result of the customer’s infringement of the rights.
Disruptions to technical or other facilities provided by ipartment GmbH will be rectified immediately where possible. Payments cannot be withheld or reduced unless ipartment GmbH is responsible for these disruptions.
The apartments of ipartment GmbH are equipped with at least one television and one radio. The use of these devices is only permitted if the customer has previously registered them with the GEZ.

§ 9 Access by ipartment GmbH

ipartment GmbH is entitled to enter the rented apartment to perform repairs, to read the electricity and water meters, and to conduct an inspection as part of the initial rental agreement, subject to agreement with the customer. In case of imminent danger, ipartment GmbH is also entitled to enter the apartment without prior agreement with the tenant.

§ 10 Liability of the customer for damages

If the customer is an entrepreneur, they are liable for all damages to the building or inventory caused by visitors, employees, or other third parties from their area or themselves.
Upon handing over the apartment, the customer will be provided with an inventory list that they must keep a record of. The customer is responsible for replacing the costs of items that are no longer present upon leaving the apartment at their current value.
ipartment GmbH may require the customer to provide appropriate security (e.g., insurance, deposits, guarantees). The security can also be provided by making available credit card information. In this case, ipartment GmbH is entitled to charge the customer the costs of repairing any damage caused by the customer or any co-occupants or visitors to the apartment using the customer’s credit card. ipartment GmbH will first determine the costs of repairing the damage by obtaining a cost estimate from a professional contractor.
The customer is obliged to contribute to the reasonable extent possible to remedy the disruption and to keep any possible damage to a minimum.

§ 11 Liability of ipartment GmbH

ipartment GmbH is liable with the diligence of a proper merchant for its obligations under the contract. Customer claims for damages are excluded. Exceptions are damages resulting from a violation of life, body or health, when ipartment GmbH is responsible for the breach of duty, other damages that are based on intentional or grossly negligent breach of duty, and damages that are based on intentional or negligent violation of essential contractual obligations of ipartment GmbH. A breach of duty by ipartment GmbH is equivalent to a breach by a legal representative or agent. If disruptions or defects occur in the services provided by ipartment GmbH, ipartment GmbH will make every effort to remedy the situation upon becoming aware of it or upon immediate notification of the customer.
ipartment GmbH is liable to the customer for items brought in up to a maximum of 3,000.00 euros, and for money, securities and valuables up to a maximum of 1,000.00 euros. Money, securities and other valuables may be kept in the safe up to a maximum value of 1,000.00 euros if they are present in the apartment. ipartment GmbH recommends taking advantage of this possibility. The liability claims against ipartment GmbH shall be extinguished if the customer does not immediately notify ipartment GmbH of the loss, destruction or damage after becoming aware thereof.
To the extent that the customer is provided with a parking space in a garage or other parking area, whether for a fee or not, this does not constitute a storage contract. ipartment GmbH is not liable for the loss or damage to vehicles or their contents parked or stored in the parking area, except in cases of intent or gross negligence. The aforementioned paragraph 1, sentences 2 to 4 applies accordingly. Any damage must be reported immediately.
All claims against ipartment GmbH generally expire after one year from the beginning of the regular statute of limitations under § 199(1) of the German Civil Code. Claims for damages expire after five years from their occurrence, regardless of knowledge or gross negligence. The above-mentioned statute of limitations does not apply in the event of injury to life, body, health or freedom, as well as in the case of claims based on intentional or gross negligent breach of duty by ipartment GmbH, its legal representatives or vicarious agents.

§ 12 Final provisions

Changes or additions to the contract, the acceptance of the application or these terms and conditions for renting apartments must be made in writing. Any unilateral changes or additions by the customer are invalid.
The place of performance and payment is the registered office of ipartment GmbH. The exclusive place of jurisdiction – also for checks and exchange disputes – is, provided the customer is a merchant, the registered office of ipartment GmbH. If a contractual partner meets the requirements of Section 38(2) of the German Code of Civil Procedure and has no general place of jurisdiction within the country, the registered office of ipartment GmbH shall be deemed to be the place of jurisdiction.
German law applies. The application of UN sales law and conflict of laws is excluded.
Should any provisions of these general terms and conditions be invalid or void, this shall not affect the validity of the remaining provisions. In this case, the statutory provisions shall apply.