General Terms and Conditions

1. 1. SCOPE & CONTRACTING PARTIES

1. These General Terms and Conditions, hereinafter referred to as the “GTC”, apply to all contracts for the rental of apartments and accommodation units for lodging purposes concluded between DND Apartments (hereinafter referred to as “DND”) and third parties (the “Guest”), as well as to all other services and deliveries provided by the aforementioned company.
2. The Guest’s own general terms and conditions shall only apply if this has been expressly agreed in advance in text form.

2. RESERVATIONS / BOOKINGS

1. By making a reservation/booking, the Guest submits an offer to enter into an accommodation contract. Subject to availability of the booked apartment, the Guest will receive a reservation/booking confirmation from DND. Upon receipt of this confirmation, an accommodation contract between DND and the Guest is concluded.
2. Offers made by DND regarding available apartments are subject to availability and are non-binding. DND is free to refuse to enter into an accommodation contract at its own discretion.
3. If the Guest books only a specific category within a property, the Guest is not entitled to accommodation in a particular apartment/unit. DND reserves the right to apply customary industry restrictions such as minimum stays, booking guarantees or advance payments for certain travel dates.

3. CANCELLATION PERIODS / WITHDRAWAL BY THE GUEST / NON-USE OF SERVICES (NO-SHOW)

1. A reservation is only considered guaranteed once payment has been made by the Guest to DND. The Guest may cancel the reservation free of charge in accordance with the stated cancellation terms and cancellation periods by providing the corresponding reservation number.
   If no right of withdrawal has been agreed or such right has already expired (expiry of the free cancellation period), and there is no statutory right of withdrawal or termination and DND does not agree to terminate the contract, DND retains its entitlement to the agreed remuneration despite the Guest’s failure to use the accommodation (no-show) or late cancellation. DND must offset any income received from renting the accommodation to another party as well as any expenses saved as a result. If the accommodation is not rented to another party, DND may calculate the deduction for saved expenses on a flat-rate basis. In this case, the Guest is required to pay 90% of the contractually agreed accommodation price. The Guest is entitled to prove that the aforementioned claim did not arise or arose only in a lower amount. In addition, in the event of a no-show for a guaranteed reservation covering several nights, all subsequent nights will be cancelled from the first night onwards and the Guest shall have no entitlement to the subsequent nights.
2. For reservations made on the day of arrival, the Guest must make payment for the stay in accordance with Section 5 immediately, generally within one hour.

4. ACCOMMODATION RATES & OTHER PRICES

1. The prices displayed by DND at the time the contract is concluded shall apply.
   The applicable and displayed prices are gross prices and include all statutory taxes, fees and charges.
   Local charges payable directly by the Guest, such as tourist taxes, are not included.

5. PAYMENT TERMS & INVOICING

1. The price for the accommodation booked by the Guest must always be paid in advance.
2. The Guest may not offset claims unless the counterclaim is undisputed or has been finally determined by a court.
3. Accepted payment methods are PayPal and regular bank transfer. Cash payments are not accepted.
4. DND reserves the right to charge the payment methods provided by the Guest for additional services used or violations of these General Terms and Conditions. The Guest expressly authorizes DND to do so.
5. By making a reservation, the Guest agrees to receive their invoice as a download or by email.

6. USE OF RESERVED APARTMENTS

1. A reserved apartment is available to the Guest for the period specified in the booking.
2. Keys, parking permits and/or key cards provided by DND must be left on the day of departure with DND, a third party designated by DND, or at the location in the apartment specified by DND by means of signage and/or a message.
   If a key, key card or parking permit is lost or not returned, a fee of €40.00 will be charged. DND is also entitled to claim compensation for any additional damage incurred if such damage exceeds €40.00. This includes replacement of the affected locking system where necessary for security reasons. The Guest is entitled to prove that DND suffered less or no damage.
3. A later departure (“Late Check-out”) may be agreed between DND and the Guest upon request and subject to availability.
   If DND agrees to a Late Check-out, DND is entitled to charge €10.00 for each commenced additional hour of use of the apartment. If DND has not agreed to the Late Check-out, DND is entitled to charge €30.00 for each commenced hour. If departure takes place more than three hours after the originally agreed check-out time, the full nightly rate for the apartment will be charged where DND has agreed to the late departure. If DND has not agreed, the Guest shall owe the full nightly rate in addition to compensation for any further damage incurred. The Guest is entitled to prove that DND suffered less or no damage.
4. The guest has no contractual entitlement to a Late Check-out.
5. Earlier arrival (“Early Check-in”) may be agreed between DND and the Guest upon request and subject to availability.
   If DND agrees to an Early Check-in, DND is entitled to charge €10.00 for each commenced additional hour of use of the apartment. The Guest has no contractual entitlement to an Early Check-in.

7. TRANSFER, SUBLETTING & USE

1. Subletting or reselling the booked apartment is prohibited. This applies in particular to reselling the apartments or allotments of apartments to third parties at prices higher than those stated by DND. The assignment or sale of claims against DND is likewise prohibited. In such cases, DND is entitled to cancel the reservation, particularly if the Guest has made false statements to third parties regarding the nature of the booking or payment in connection with an assignment or sale.
2. Use of DND apartments for purposes other than accommodation is expressly prohibited.
   This includes, in particular, any commercial or illegal use.
   Use of the apartments for photo or video recordings is also prohibited without explicit consent. If an apartment is used for purposes other than accommodation, DND reserves the right to cancel the reservation without refund and to have the premises vacated.

8. LIABILITY OF DND

1. DND shall have unlimited liability for damages for which it is responsible arising from injury to life, body or health. DND shall also be liable for other damages resulting from an intentional or grossly negligent breach of duty by DND.
   In cases of ordinary negligence, DND shall only be liable, and such liability shall be limited to the foreseeable damage typical for the contract, where a duty has been breached whose fulfilment is essential for the proper performance of the contract and on whose compliance the Guest may reasonably rely (material contractual obligation).
   A breach of duty by DND shall be deemed equivalent to a breach by its legal representatives, employees or agents.
   Further claims for damages are excluded unless otherwise stipulated in these General Terms and Conditions.
2. In the event of disruptions or defects in DND’s services, DND will endeavour to remedy the situation upon immediate notification by the Guest or upon becoming aware of it.
   The Guest is likewise obliged to take reasonable measures to help remedy the disruption or defect and to minimize any resulting damage.
   Furthermore, the Guest is obliged to inform DND immediately of any risk of substantial damage.
3. DND shall be liable for property brought onto the premises in accordance with statutory provisions. Any claim by the Guest shall expire if the Guest fails to notify DND immediately after becoming aware of any loss, destruction or damage, unless the delayed notification has no effect on clarification of the circumstances.
   If money, valuables or other items with a value exceeding €250.00 are brought onto the premises, a separate written agreement with DND is required. Otherwise, DND shall not be liable for the loss, destruction or damage of such money or items.
4. No safekeeping agreement is established where DND provides the Guest with a parking space, whether free of charge or for a fee. DND therefore has no duty to monitor the parking space.
   DND shall only be liable in cases of intent or gross negligence for loss, theft or damage involving vehicles parked or manoeuvred on the property and/or on parking spaces provided.
   The Guest must report any damage immediately. Obvious damage must in any case be reported before leaving the parking area.
   DND shall not be liable for damage caused solely by other guests or third parties.
5. Any claims against DND shall generally become time-barred within one year from the commencement of the statutory limitation period. This does not apply to claims for damages or other claims arising from injury to life, body or health and/or from grossly negligent or intentional breaches of duty by DND, or in the event of a breach of a material contractual obligation.
6. DND accepts no liability for lost property, except in cases of intentional or grossly negligent breaches of duty by DND. Lost property will only be returned upon request, at the Guest’s expense and subject to an additional processing fee of €15.00.
   DND will retain lost property for a period of six months. It will subsequently be disposed of.

9. SECURITY DEPOSIT

1. To secure all claims by DND against the Guest arising from the accommodation contract, DND is entitled to collect the following security deposits from the Guest before providing access to the apartment:
2. For stays of less than three months, a security deposit of €250.00.
3. For stays of three to six months, a security deposit equal to one month’s accommodation price.
4. For stays of less than three months, DND is entitled to secure the deposit by means of a pre-authorization of the payment method.
   If the Guest fails to provide the security deposit, the Guest shall have no entitlement to stay in the apartment.
   If DND nevertheless provides the apartment to the Guest, DND is entitled to terminate the accommodation contract without notice if the security deposit is not provided within a reasonable additional period set by DND.
5. DND is obliged to settle the security deposit within one month after termination of the accommodation contract.

10. GUEST DATA

1. DND requires and records the Guest’s email address and telephone number to ensure communication.
   DND is likewise entitled to request a valid identification document digitally at check-in.
   For domestic guests, this may be an identity card or passport; foreign guests must provide a passport.
2. To prevent fraudulent and harmful bookings, DND uses software solutions that use the data requested from the Guest (email address, telephone number, credit card details and address) to determine a “Fraud Prevention Score” for each Guest in order to identify fraudulent bookings.
   DND reserves the right to cancel a booking flagged accordingly by the system.
3. If the identity of a Guest cannot be clearly established due to missing or incorrect documents, DND is entitled to cancel the booking.

11. TERMINATION OF THE ACCOMMODATION CONTRACT

1. DND reserves the right to terminate an accommodation contract for good cause.
   Good cause shall exist in particular where:
   a) force majeure or other circumstances beyond DND’s control make performance of the contract impossible;
   b) DND has reasonable grounds to believe that use of the accommodation may jeopardize the smooth operation, security, public image or reputation of DND and its locations, without this being attributable to DND’s sphere of control or organization;
   c) bookings are culpably made using misleading or false information or by concealing material facts; material facts may include, but are not limited to, the Guest’s identity, ability to pay or purpose of stay;
   d) the purpose or reason for the stay is unlawful or involves prostitution within the apartment;
   e) the booking is resold, sublet and/or otherwise transferred (see Section 7).
2. DND must inform the Guest immediately if it exercises its right of termination. The Guest shall not be entitled to compensation in the event of justified termination by DND. If DND terminates the contract due to circumstances attributable to the Guest or for any reason specified in paragraph 1 above, DND is entitled to cancel or reject future bookings by that Guest, including bookings already confirmed by DND.

12. VOUCHERS

1. A voucher purchased from DND may only be redeemed for services provided by DND. Any remaining balance after payment with a voucher will remain available and may be used for future bookings. Vouchers cannot be returned, resold or transferred and cannot be redeemed, either wholly or partially, for cash. The purchaser of the voucher is responsible for providing the correct information, in particular the email address to which the voucher and invoice are to be sent.

13. NO-SMOKING POLICY

1. All DND apartments are non-smoking apartments. Smoking is strictly prohibited inside the apartments and in DND communal areas. This also applies to e-cigarettes, shishas, heated tobacco products and similar devices.
   Smoking on balconies and/or terraces is permitted only where appropriately designated and with the door to the apartment closed. In the event of a violation, DND is entitled to claim compensation from the Guest for the additional cleaning costs required, including any loss of revenue resulting from the apartment being unsuitable for subsequent rental due to the incident, in an amount of at least €250.00. The amount of compensation may be higher if DND can prove greater damage. The Guest is entitled to prove that DND suffered less or no damage.
2. Tampering with or blocking emergency exits, fire extinguishers or fire/building alarm systems is prohibited. Violations may result in a penalty of €150.00.
   This also applies to tampering with or disabling safety and decibel sensors inside the apartment.
3. DND is entitled to terminate an active booking with immediate effect and require Guests to leave the premises if DND becomes aware of violations of paragraphs 1 or 2. In such cases, there shall be no entitlement to a full or partial refund. The Guest is entitled to prove that DND suffered less or no damage.
4. DND buildings may contain interconnected smoke detectors connected directly to the fire brigade control centre or a security service. The Guest shall be fully liable for intentionally or negligently triggering the fire alarm system, for example as a result of violating the smoking ban, at least in the amount of the actual costs incurred, such as fire brigade or security service call-out charges.

14. PROHIBITION OF PARTIES AND GATHERINGS

1. As a general rule, noise must be avoided in the booked apartment, communal areas and surrounding premises. Quiet hours from 10:00 p.m. to 6:00 a.m. (“Quiet Hours”) must be observed unless different times are specified in the house rules.
   Parties and gatherings are strictly prohibited in DND apartments and communal areas.
2. In the event of a violation, DND is entitled to claim compensation from the Guest for any additional cleaning costs required, including any loss of revenue resulting from the apartment being unsuitable for subsequent rental due to the incident, in the amount of €500.00. This shall not affect DND’s right to claim further damages. The Guest is entitled to prove that DND suffered less or no damage.
3. DND apartments may be equipped with sensors that measure decibel levels.
   These sensors do not record voices or conversations and are used solely to detect excessive noise.
   Communal areas of DND properties, such as hallways and other shared areas, may also be equipped with decibel sensors as well as active video surveillance recording 24/7 and storing recordings in a cloud environment.
4. DND is entitled to terminate an active booking with immediate effect and require Guests to leave the premises if DND becomes aware of violations of paragraphs 1 or 2. In such cases, there shall be no entitlement to a full or partial refund. The Guest is entitled to prove that DND suffered less or no damage.
   DND reserves the right to engage a third party, such as a security service, to enforce its rights as the property operator.
   Any costs incurred as a result of intervention by such a third party will be charged to the Guest.

15. DAMAGE OR UNAUTHORIZED REMOVAL OF INVENTORY

1. If damage beyond normal contractual use occurs during the stay, or if inventory is removed from the unit without authorization, DND is entitled to compensation. This includes, in particular, the costs of remedying the damage, any loss of revenue resulting from the apartment being unavailable for rental, legal enforcement costs and an additional processing fee of €50.00 for such a damage incident. The Guest is entitled to prove that DND suffered less or no damage.

16. PETS

1. Pets are not permitted in DND apartments or communal areas. Exceptions apply to guide dogs, hearing assistance dogs and comparable service dogs. Such service animals may be brought onto the premises free of charge at any time upon presentation of appropriate proof.
   The relevant proof must be provided to DND independently before check-in.
2. DND is entitled to grant further exceptions to the above rule. The Guest has no entitlement to such an exception. If a pet is present in a unit without authorization, DND will charge a flat-rate special cleaning fee of €150.00.
   DND is entitled to terminate an active booking with immediate effect and require Guests to leave the premises in the event of a violation of paragraph 1. In such cases, there shall be no entitlement to a full or partial refund. The Guest is entitled to prove that DND suffered less or no damage.
   

17. MAINTENANCE AND CARE

1. By booking a DND apartment, the Guest undertakes to treat the apartment provided, as well as rooms, facilities and equipment intended for communal use, with due care, to ensure adequate ventilation and heating, and to avoid excessive soiling. If soiling beyond normal use is present during the Guest’s stay or after departure, DND is entitled to charge the Guest an additional cleaning fee of at least €50.00, depending on the condition of the unit. The Guest is entitled to prove that DND suffered less or no damage.
2. The Guest is also obliged to check the apartment’s furnishings for completeness and usability upon arrival and to notify DND immediately of any defects or complaints.
3. The Guest shall be liable for all damage to the apartment, furnishings and rooms, facilities and equipment intended for communal use that the Guest or their visitors culpably cause through use contrary to the contract and that is not attributable to normal wear and tear.
   Any damage to the apartment provided must be reported to DND immediately.
4. For bookings exceeding 14 nights, DND is entitled to carry out weekly interim cleaning. The Guest is obliged to provide access to the apartment for this purpose to the service provider commissioned by DND or to DND employees.
   

18. INTERNET USE

1. DND provides the Guest with internet access within the limits of the existing technical and operational capabilities. Disruptions, for example due to force majeure, maintenance work or similar circumstances, cannot be excluded.
2. The Guest must not misuse the internet connection. Misuse includes, in particular, downloading and distributing copyrighted content via peer-to-peer sharing platforms, using illegal streaming services, and uploading, accessing or transmitting content relevant under criminal law, in particular under Sections 130, 130a, 131 and 184 of the German Criminal Code (StGB). When using the internet connection, the Guest is obliged to respect the copyrights, patent rights, naming rights, trademark rights and personal rights of third parties. Upon first request, the Guest shall indemnify DND against all claims and claims for damages asserted by third parties, as well as reasonable legal defence costs, arising from unlawful use of the internet connection provided by the Guest or by third parties with the Guest’s knowledge. This indemnification obligation includes, in particular, claims arising from infringements of copyrights, patent rights, naming rights, trademark rights, personal rights and data protection regulations.
3. The Guest is prohibited from passing DND’s internet access credentials on to third parties. This also applies to the publication of such access credentials. In the event of a violation, the Guest shall be liable to DND for all damages resulting from the disclosure of the access credentials.
4. DND otherwise reserves the right to block the Guest’s internet connection in the event of legal violations.

19. DATA PROTECTION

1. The applicable data protection provisions can be viewed on the DND Apartments website. https://stay-in-wuerzburg.com/datenschutz/

1. FINAL PROVISIONS

1. Amendments and additions to, as well as the cancellation of, the accommodation contract, acceptance of the application or these General Terms and Conditions must be made in text form. This also applies to any waiver of this text-form requirement. Unilateral amendments or additions by the Guest are invalid.
2. The place of performance and payment shall be the registered location of the accommodation provider.
3. In commercial transactions, the exclusive place of jurisdiction shall be the registered location of the accommodation provider. If a contracting party meets the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the place of jurisdiction shall be the registered location of the accommodation provider.
4. German law shall apply. The UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules shall not apply.
5. Should any provision of this contract be or become invalid or void, this shall not affect the validity of the remaining provisions. In place of the invalid or void provision, the parties shall agree on a provision that comes as close as possible to the intended purpose of the invalid or void provision. The same shall apply to any gaps in the contract.
6. The accommodation provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.