General terms and conditions
When renting out furnished apartments
These General Terms and Conditions apply when renting a furnished apartment from
Jörn Seidenschnur, Seepromenade 60, 14476 Potsdam
– hereinafter referred to as the “Landlord”, and tenants who rent one or more furnished apartments on a temporary basis.
The provisions of the GTC shall apply unless otherwise agreed in writing.
1 Rental object and key
(1) The landlord rents the tenant a complete closed accommodation (“rental property”), which is specified in the rental agreement or invoice.
(2) The accommodation is rented to a defined number of persons. Children aged 3 and over count as a full person. In the event of over-occupancy, the landlord is entitled to a fee of EUR 50 per night per unauthorized guest for the entire rental period. Other rights of the landlord, in particular extraordinary termination of the contract due to breach of the agreed conditions, remain unaffected.
(3) The rental property is a non-smoking property. Smoking is strictly prohibited both in the apartment and in the hallway. If the smoking ban is violated, the landlord is entitled to charge the separately required cleaning costs, at least EUR 250 gross. Further claims for damages may be asserted, in particular for the replacement of furnishings or the disruption of other tenancies.
(4) Pets are not allowed.
(5) The rental property is fully equipped and furnished. No towels are provided!
(6) If necessary, the shared use of communal facilities is agreed, in particular shared washing machines and tumble dryers in the communal area. The landlord accepts no liability for the use, in particular for the safety of items of clothing stored in communal areas during the washing process.
(7) Upon arrival, the tenant will be given the front door key and the apartment key for the duration of his stay in the rented property. The loss of a key is charged at cost (especially for locking systems), but at least 150 euros per key.
(8) No cleaning will be carried out by the landlord during the stay.
(9) The rental agreement is concluded by means of a rental contract. An invoice and booking confirmation signed by the guest shall be deemed equivalent to a rental agreement. The rental agreement becomes valid when the landlord has sent the tenant the invoice with the booking confirmation and the tenant has either signed the invoice and booking confirmation within 48 hours or has transferred the full amount due for the entire rental period, but at least for the first month.
2 Rental period, arrival and departure
(1) The apartment is only rented for temporary use in accordance with 549 (2) no. 1 BGB. The landlord only lets the rental property for temporary use. The tenant has a temporary special need which is to be covered by renting the fully furnished rental property within the scope of 549 para. 2 no. 1 BGB. The tenant confirms a temporary special need due to a temporary work assignment outside the area of his place of residence. A qualified temporary tenancy agreement cannot be terminated by either party. However, the tenant may be granted an early termination option. This does not affect the possibility of extraordinary termination in accordance with BGB § 543. If the tenant continues to use the rented property after the end of the rental period, the tenancy is not deemed to have been extended. BGB § 545 does not apply. Continuation or renewal of the tenancy after its expiry must be agreed in writing. (2) The rental property is rented for a limited period of time. (3) Arrival can take place on the day of arrival at 5 p.m. at the earliest, unless otherwise agreed in writing. (4) Departure must take place by 10:00 a.m. at the latest on the day of departure, unless otherwise agreed in writing. (5) At the end of the rental period, the tenant must vacate the rented property and hand it over to the landlord or manager in a clean and tidy condition and hand over the keys to the landlord/manager.
3 Rental price
(1) The agreed rent includes the statutory value added tax (currently 7% reduced).
(2) A one-off fee may be charged for final cleaning.
(3) Upon request, the landlord will issue an invoice with VAT shown.
4 Payment modalities
(1) The rental price is due in full after signing the rental agreement, unless otherwise agreed in writing.
(2) If the tenant defaults on payment by more than 14 days, the landlord is entitled to terminate the contract without notice and to rent the rental property to another tenant. The date of receipt of payment is decisive.
(3) If payment has not yet been received in the landlord’s account on the day the rental period begins, the landlord has the right to refuse access.
5 Guest data (right to register)
The tenant must provide the landlord with the details of all guests, which must be documented by the landlord in accordance with German law, at least 24 hours BEFORE the start of the rental period. This is (for all guests):
- First name, last name
- Date of birth, place of birth
- Nationality
- Home address
- Identity card number
In addition, guests of German nationality must provide a copy of an identity card or passport. For guests from abroad, including EU countries, all identity cards must be available as photocopies.
For legal reasons, the landlord cannot grant access to the rented apartment until this data has been documented. The tenant must ensure that all information from all guests is available.
6 Withdrawal from the contract & termination of stay
(1) The tenant may withdraw from the tenancy agreement prior to the commencement of the tenancy by written declaration to the landlord. The date of receipt of the declaration of withdrawal by the landlord is decisive. If the tenant withdraws from the rental agreement, he must pay lump-sum compensation for the expenses already incurred by the landlord and the loss of profit in the following amount, provided that it is not possible to rent the property to another party:
Resignation
– up to 49 days before the start of the rental period: 50 % of the rental price
– up to 14 days before the start of the rental period: 80 % of the rental price
– thereafter and in case of no-show: 90 % of the rental price.
(2) If the tenant terminates the stay prematurely, he shall remain obliged to pay the full rental price.
(3) The tenant reserves the right to prove that the landlord has suffered no or significantly less damage as a result of the withdrawal. In the event of withdrawal from the contract, the tenant may nominate a replacement tenant who is prepared to take his place in the existing contractual relationship. The landlord may object to the entry of the third party if the third party appears to be economically or personally unreliable.
(4) The landlord shall also endeavor to find a replacement tenant.
(5) The statutory withdrawal and termination options remain unaffected by this.
7 Duty of care
(1) The tenant undertakes to treat the rented property and inventory with the utmost care. Culpably caused damage to furnishings, rented rooms or the building and associated facilities shall be compensated by the tenant if and to the extent that it was culpably caused by him or his accompanying persons or visitors.
(2) The tenant is obliged to check the equipment for completeness and usability on arrival and to report any complaints to the landlord/manager in a suitable form without delay. This also applies to any damage occurring during the rental period.
(3) The tenant undertakes to comply with the house rules. This will be handed over to the tenant upon conclusion of the contract. In particular, smoking and vaporizing (electronic cigarettes) is prohibited in all indoor areas, i.e. apartments and hallways. The rest period is from 22:00 to 07:00, unless otherwise agreed. The organization of parties is prohibited.
8 Contract amendments
Subsidiary agreements, amendments and additions to the contract and all legally relevant declarations must be made in writing.
9 Severability clause
Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.
10 Choice of law & place of jurisdiction
These GTC and the rental agreements are subject to the law of the Federal Republic of Germany. The local court in whose district the landlord has his general place of jurisdiction shall have jurisdiction for all disputes arising from this contractual relationship.
Status of the GTC: December 20, 2024