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Terms of Service – BerlinLux
BerlinLux Apartments Bureau brokers accommodation options for third parties (hosts) and thus performs no service itself. Contracts are effective only between you (the guests) and the host.
The accommodation contract is in effect, once the booking has been confirmed and passed on by BerlinLux (e-mail, fax, telephone). Any deviant agreement demands written form. The host is obliged to provide the reserved apartment(s) for the period booked. Otherwise the guest is entitled to compensation.
The customer (guest) pays as a brokerage 20% of the entire rental for the apartment to Berlin Lux. The remaining sum has to be wired to the host in advance or paid in cash on arrival. No costs will arise for hosts.
2.3 Prices / Arrival
The hosts determine the prices on this homepage. When your booking is effective, you’ll have to pay the price listed at the time of booking. Prices may vary due to events such as Easter, Berlin Marathon, New Year’s Eve and other holidays.
On arrival the guest has to pay the remaining sum and show his passport for identification (if required by the host). The host has the right to demand a deposit, which will be refunded on departure. Please arrange your arrival / departure times with the host.
3.1 Cancellation by the host
The host is obliged to provide the reserved apartment(s) for the period booked. Otherwise the guest is entitled to compensation. In this case, the host must refund the guest’s pay down and his brokerage as well as pay the following compensation (requires a written request by the guest):
for a cancellation up to 6 weeks before commencement of the contract: 20,00 €
for a cancellation up to 4 weeks before commencement of the contract: 40,00 €
for a cancellation up to 2 weeks before commencement of the contract: 15,00 € per night (up to a total of 120,00 €)
for any later cancellation: 15,00 € per night (up to a total of 150,00 €)
The guest relinquishes any further claims from the tenancy.
3.2 Cancellation by the guest
The guest may rescind the contract any time before the commencement. The advice of cancellation has to be in writing (e-mail, fax and letter) addressed to Berlin Lux. Free cancellations (except for the brokerage) are possible up to 4 weeks before commencement of the contract.
In this case, BerlinLux will attempt to rent the available apartment(s) to other guests. If this is not possible, the host is entitled to compensation in accordance with § 651 BGB (civil code). The cancellation has to be handled by the host, and not Berlin Lux.
The cancellation fees are as follows:
starting 40 days in advance (before arrival): 0%
starting 39 days in advance: 20%
starting 28 days in advance: 30%
starting 21 days in advance: 40%
starting 14 days in advance: 60%
starting 10 days in advance: 80%
starting 7 days in advance: 100%
In any case, the brokerage has to be paid to Berlin Lux.
4. Use of the accommodation
The guest agrees to observe the host’s rules of the house. Failure to do so (such as disturbance of the peace) may result in immediate cancellation of the contract by the host without compensation.
BerlinLux is not a travel agency and is only liable for the umpiring. Therefore the regulations of the German BGB (civil code) concerning travel agencies do not apply. BerlinLux is not liable for acts of nature. The liability is restricted to malice and negligence.
The hosts are responsible for all information in the online catalogue. Complaints must be addressed to the host immediately on departure. Subsequent complaints / claims for compensation due to unfulfilled guarantees have to be addressed to the host as well. The amenities in the online catalogue are guidelines. Actual amenities in the respective apartments may vary. BerlinLux acts as a broker on behalf of the hosts and is not liable for guaranties made by the hosts.
Booking data will be collected and processed in accordance with the law. Data will be stored and transmitted only if desired or required. The guest agrees to receive information from Berlin Lux by e-mail, fax or mail in order to remain up to date.
Should one of the regulations of the terms of service become void, the other regulations are not affected. The business connections between BerlinLux and the customers are subject to the law for domestic transactions of the Federal Republic of Germany.
The Venue for all disputes concerning the rental contract is the district of Berlin in which the respective real estate is situated. In any case it will be a district court of the federal state of Berlin.
Berlin, March 2011