General terms and conditions Berlin 2017
Due to the legal situation in Berlin, operating holiday- homes will have to be reduced. In accordance with legal regulations, the owners of our apartments have applied to prolong their permission to run holiday homes. In case there is not positiv answer by the authorities to the applications, we will have to shut down operations, like all other companys offering holiday- homes in Berlin. In this case, both sides, you as well as us, are entitled to withdraw / cancel our contract. Neither side is entitled to compensation of any kind, a deposit will be refunded however.
1. Agency agreement
1.1 The object of our activities is the arrangement of furnished apartments. Feels like home – Saskia Höfler arranges the rental in the name of the landlord. The respective landlord provides the service on their own authority and is responsible for performance of the contract.
1.2 A rental contract is always solely formed between the respective landlord and the tenant. Feels like home - Saskia Höfler is not a tour operator according to Article 651a ff. of the Civil Code.
1.3 Following conclusion of the booking process you commission us to arrange the rental of a furnished apartment, which belongs to a third party provider. With the booking order you provide the offer of a contract.
2. Limitation of liability
2.1 As far as we have not taken on a corresponding contractual duty with you, we are not liable for the formation of the contract.
2.2 Without express agreement or assurance we are not liable for shortcomings when providing the service and damage to persons or property which may arise in connection with the arranged booking.
2.3 Our own possible liability for material breach of duty remains unaffected by the above legal requirements. Feels like home – Saskia Höfler is not liable for the accuracy of the information provided by the host about the apartment which has been booked Feels like home – Saskia Höfler.
2.4 As far as a possible breach of duty does not concern our primary contractual obligations, liability for intent and gross negligence is limited.
3. Travel price
The accommodation rate together with additional costs include the corresponding statutory value added tax, currently at 7 %, in as far as VAT exemption of the landlord is not expressly mentioned in the description of the property. The service rate includes 19 % value added tax.
4. Booking confirmation
4.1 The booking carried out by you is seen as being accepted from the moment you have received the booking confirmation – usually by email.
4.2 Upon receipt of the deposit the contact details of the host will be sent to the guest. In case of bookings less than 7 days before arrival these will be sent with the confirmation email.
4.3 The requested deposit sent with the booking confirmation – for the amount see section 5.3 – should be paid within 7 days of receipt of the booking confirmation. If no payment is received up to this point Feels like Home – Saskia Höfler is authorised to withdraw from the contract. This must be explained by email.
4.4 The following deposits are required:
a. for a booked stay of more than 30 days 60 %
b. for a booking less than 7 days before arrival no deposit, instead a cash payment to the host when the keys are handed over
c. otherwise 20 %
of the invoice amount without the final cleaning costs.
4.5 You are required to check the accuracy of the booking confirmation which has been sent to you and if necessary to point out errors or discrepancies immediately. If you do not carry out this duty our liability regarding damaged caused can be limited or ruled out.
5. Cancellations; legal relationship between the tenant and landlord
5.1 The landlord is required to make the reserved apartment available for the period of the booking. The guest is required to pay the full price for the duration of the contract. The object of the contract is solely to make the furnished holiday apartments available for tourist purposes or other short term occasions. Rental contracts for long-term use in accordance with laws governing tenancy are not offered.
5.2 Cancellation by the tenant must be made in writing or by email to Feels like home – Saskia Höfler.
5.3 The guest is required to pay the following cancellation fees when not carrying out the contractual performance:
a. up to 21 days before the day of arrival: 0 %
b. up to 15 days before the day of arrival: 40 %
c. up to 10 days before the day of arrival: 60 %
d. up to 5 days before the day of arrival: 80 %
e. less than 5 days: 100 %
The percentage compensation is calculated according to the agreed total price without final cleaning costs.
5.5 The landlord is required to minimise loss by immediately announcing the apartment which has not been taken on as being free. In case of the apartment being newly rented the rent achieved in the booking period will be counted against the cancellation fees.
5.6 Possible disagreements between the tenant and landlord are always to be worked out between themselves. However, Feels like home – Saskia Höfler asks to be provided with information.
6. Guarantee; liability
6.1 You agree that you are liable for all use of this website by yourself and also for the use of your account by others, in particular minors living in your household (under 18 years).
6.2 You agree to oversee all use of this website, which is carried out by minors in your name or at your cost. You also guarantee that all information which is provided by you or a member of your household when using this website is correct and complete.
6.3 Each speculative or false reservation or a reservation with fraudulent intent or each reservation, which takes place in the expectation of increased demand is prohibited without restriction. The opportunity to book apartments on this website may only be used in order to carry out lawful bookings for your or for another person, in whose name you may lawfully act.
7. Terms of use for this website
7.1 The use of this website by yourself is allowed under the condition of your consent with the following provisions. If you do not agree with these provisions you are not authorised to use this website.
7.2 This website is for your personal and non-commercial use. You may not change, copy, sell, transfer, exhibit, perform, duplicate, publish, license, create any work based on, and pass on or sell information, software, products or services which you receive via this website.
7.3 You may not use this website and the services in such as way that you violate applicable laws of the Federal Republic of Germany or violate these conditions of use.
8. Liability for links
Hyperlinks on this website are only made available to you for information purposes. We do not monitor such websites and are not responsible for their content. The inclusion of the hyperlinks of such websites does not imply approval of the materials on such websites or a connection with their operators.
9. General provisions
9.1 These provisions and the contractual relationship which takes place between you and us are subject to German law, in so far as consumer protection regulations do not rule otherwise.
9.2 If a provision of this agreement should turn out to be invalid or unenforceable according to applicable law, the invalid or unenforceable provision shall be replaced by a valid, enforceable provision, which closest matches the intention of the original provision. The remaining provisions shall remain valid.
9.3 This contract covers the entire agreement between you and us with regard to this website and it replaces all corresponding previously or simultaneously occurring communications and proposals, whether electronic, verbal or written, between you and feels like home - Saskia Höfler.
9.4 Place of jurisdiction for all disputes from this contractual relationship between the customer and the provider is the place of residence of the provider, in so far as the customer is a merchant, a legal entity or a special fund under public law.
9.5 By using this website you agree to the processing of the data stored about you by Google in the aforementioned manner and for the aforementioned purposes.