1. Rents out of rooms, rent and contract-partners
123BerlinZimmer.DE GmbH rents out accommodation for landlords. That means that you as a tenant do not have a contract with the agency 123BerlinZimmer.DE GmbH but with the individual landlord who is mentioned on your final booking confirmation. The contract is time limited and will terminate according to the specified duration. The contract will only be valid upon confirmation from 123BerlinZimmer.DE GmbH. The conditions for terminating the contract are provided by 123BerlinZimmer.DE GmbH for individual bookings and may differ from one booking to another.
2. Deposit of the rent
2.1. Payments and Time Limits
Full payment is required prior to the stay. The payment is due upon completion of the contract. Completion is the moment when 123BerlinZimmer.de GmbH confirms the booking. The latest opportunity for payment of the rent is a cash settlement upon receipt of the keys. The landlord will issue a receipt upon payment.
2.2. Delayed payments
You will be liable for any costs or losses araising from delayed payments to the landlord.
2.3. Area of jurisdiction
The area of jurisdiction for every legal demand arising from the rental agreement is the city of Berlin.
3. Cancellation and early termination of the rental agreement
For the premature cancellation and termination of the contract, following rules are valid:
3.1. Written cancellation
Only a written cancellation is valid. The tenant can either cancel with 123BerlinZimmer.de GmbH, or with the landlord. In the event of a dispute the tenant must be able to prove that he has cancelled the booking. If the tenant wishes to prematurely terminate the rental agreement (e.g. by vacating the premises before the end of the contract), the landlord must be informed formally in writing. In the event of a dispute the tenant must prove that he has vacated the premises before the date specified on the contract having submitted a formal written notice to the landlord.
3.2. The tenant is liable for the loss incurred to the landlord when vacating before the agreed time.
The following applies when the tenant prematurely terminates the contract:
Cancellation
If the tenant vacates before the agreed time, he is liable any loss incurred to the landlord.
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If the tenant prematurely terminates the contract he is obliged to pay following:
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Number of days the tenant gives as notice
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The compensation payment liable to the tenant:
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up to 21 days
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0 %
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21 days
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20 %
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16 to 20 days
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40 %
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11 to 15 days
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60 %
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6 to 10 days
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80 %
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0 to 5 days
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100 %
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prior to the start of the tenancy agreement
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of the price agreed in the contract
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Calculation of the time period is according to the law. The compensation payment is due immediately upon cancellation. Credit card deposits are non-refundeable.
premature departure of the tenant
If the tenant vacates the premises prematurely, the aforementioned also applies. The day of departure will be taken as the day that landlord is informed. Premature departure still requires written notice from the tenant.
Cancellation for group contracts
Up to a 10% decrease in the number of the group is permitted free of charge with written notification until 2 days prior to arrival. If there is no formal written notification, or there is a decrease in group greater than 10% within the 21 day cancellation period, the travellers will be subject to the cancellation procedures for individual travellers.
Attempting to reducing the cost of losses to the landlord
The landlord and/or the 123BerlinZimmer.DE GmbH will immediately attempt to find new tenants upon cancellation. The tenant may also suggest another tenant. It remains for the tenant beyond that to prove to the landlord that a smaller loss was incurred.
4. Area of jurisdiction
The area of jurisdiction for all disputes regarding the rental agreement is in accordance with the law the urban district of Berlin in that the rented room lies, therefore the area of jurisdiction is always a district court in Berlin.
5. Rights according to the travel contract
123BerlinZimmer.DE GmbH is not a tour operator. Therefore BerlinZimmer are not bound by the rights and regulations stated in civil law for tour operators.
6. Sevirabiltity Clause
If any of the above regulation becomes invalid, all other regulations still apply. The parties should then attempt to find a reasonable solution, which comes as close as possible to the previous regulation.
Berlin, April 2004
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