General Terms and Conditions (GTC)

General Terms and Conditions

1. SCOPE OF APPLICATION & CONTRACTUAL PARTNERS

1. these General Terms and Conditions, hereinafter referred to as GTC, apply to all contracts for the rental of apartments and apartments for accommodation concluded between nobilis Apartments GmbH (hereinafter referred to as nobilis Apartments), as well as to all other services and deliveries provided.

2. nobilis Apartments GmbH is the contractual partner of the guest in Germany.

3. the customer's general terms and conditions shall only apply if this has been expressly agreed in text form in advance.

2. RESERVATIONS/BOOKING

1. by making a reservation/booking, the guest offers to conclude an accommodation contract. If the booked apartment is available, the guest will receive a reservation/booking confirmation from nobilis Apartments. This confirmation constitutes an accommodation contract between nobilis Apartments and the guest .

2. nobilis Apartments' offers regarding available apartments are subject to change and non-binding. nobilis Apartments is free to refuse the conclusion of an accommodation contract at its own discretion.

3. if the guest books only one category in an offered property, the guest has no claim to the use of the accommodation service in a specific apartment/unit. nobilis Apartments reserves the right to impose industry-standard restrictions such as minimum stays, booking guarantees or down payments for certain travel dates.

3. CANCELLATION DEADLINES/CANCELLATION BY THE CUSTOMER/NON-UTILIZATION OF SERVICES (NO SHOW)

1. a reservation is only guaranteed upon payment by the guest to nobilis Apartments. This can be canceled by the guest free of charge in accordance with the stated cancellation conditions and cancellation deadlines, stating the corresponding reservation number. If a right of withdrawal has not been agreed or has already expired (expiry of free cancellation period), there is also no statutory right of withdrawal or termination and if nobilis Apartments does not agree to a cancellation of the contract, nobilis Apartments retains the right to the agreed remuneration despite non-utilization of the service (no-show) or late cancellation. nobilis Apartments must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented to other parties, nobilis Apartments may make a lump-sum deduction for saved expenses.In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight accommodation. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount demanded. In addition, in the event of a no-show by the guest in the case of reservations guaranteed for several days, all further nights shall be canceled from the first night and the guest shall have no claim to the subsequent nights.

2. in the case of reservations made on the day of arrival, the guest must make payment for the stay immediately in accordance with §5, usually within one hour.

4. OVERNIGHT PRICES & OTHER PRICES

1. the prices stated by nobilis Apartments at the time of conclusion of the contract are valid. Valid and stated prices are gross and include all statutory taxes, fees and charges. Local taxes owed by the guest, such as visitor's tax, are not included.

5. TERMS OF PAYMENT & INVOICE

1. the price for the accommodation service booked by the guest must always be paid in advance by the guest.

2. offsetting by the guest is excluded, unless the offsetting relates to an undisputed or legally established claim.

3. accepted means of payment are instant bank transfer, Paypal or regular bank transfer. Cash payment is not accepted.

4. nobilis Apartments reserves the right to debit the deposited payment methods with amounts for additional services used or violations of the General Terms and Conditions. The guest expressly authorizes nobilis Apartments to do so.

5. a reservation is accompanied by the guest's consent to receive their invoice as a download or via e-mail.

6. POSSIBLE USES OF RESERVED APARTMENTS

1. a reserved apartment is available for the period specified in the booking.

2. the keys, parking passes and/or key cards provided by nobilis Apartments must be left at nobilis Apartments, a third party designated by nobilis Apartments or at the storage location in the apartment designated by nobilis Apartments by means of signage and/or a message on the day of departure. If a key, key card or parking permit is lost or if these items are not returned, a fee of €40.00 will be charged. nobilis Apartments is further entitled to charge the guest additional compensation for the resulting damage if the damage exceeds €40.00. This includes the replacement of the key, key card or parking permit. This also includes the replacement of the affected locking system if this is necessary for security reasons. The guest has the option of proving that nobilis Apartments incurred less damage or no damage at all.

3. a later departure (late check-out) can be agreed between nobilis Apartments and the guest on request and subject to availability. If nobilis Apartments agrees to the late check-out, nobilis Apartments is entitled to charge € 15.00 per hour or part thereof for the additional use of the apartment. In the absence of consent, nobilis Apartments is entitled to charge € 30.00 for each hour or part thereof. In the event of departure more than 3 hours after the originally agreed check-out time, the full accommodation price of the apartment will be charged if nobilis Apartments has given its consent. In the absence of consent, the guest is liable to pay the full accommodation price as well as compensation for any further damages incurred. The guest has the option of proving that nobilis Apartments has incurred less damage or no damage at all.

4. the guest cannot derive a contractual claim to a late check-out.

5. an earlier arrival (early check-in) can be agreed between nobilis Apartments and the guest upon request and subject to availability. If nobilis Apartments agrees to the early check-in, nobilis Apartments is entitled to charge € 15.00 per hour or part thereof for the additional use of the apartment. The guest cannot derive a contractual claim to an early check-in.

7 Transfer, subletting, use

1. the subletting or subletting of the booked apartment is prohibited. This includes, in particular, the subletting of apartments or apartment allotments to third parties at prices higher than those listed by nobilis Apartments. Similarly, the assignment or sale of claims against nobilis Apartments is not permitted. In such cases, nobilis Apartments is entitled to cancel the reservation, in particular if the guest has provided false information about the type of booking or payment to third parties at the time of assignment/sale.

2. the use of the apartments of nobilis Apartments for purposes other than accommodation is expressly prohibited. In particular, this includes any commercial or illegal use. The use of the apartments for photo or video recordings is also prohibited without explicit consent. nobilis Apartments reserves the right to cancel the reservation without refund and to vacate the rented property in the event of use for reasons other than accommodation.

8 Liability of nobilis Apartments

1. nobilis Apartments is liable without limitation for damages arising from injury to life, body or health for which it is responsible. Likewise, nobilis Apartments is liable for other damages that are based on an intentional or grossly negligent breach of duty by nobilis Apartments. In the case of simple negligence, nobilis Apartments is only liable, limited to the foreseeable damage typical for the contract, if an obligation is violated, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the guest may rely (cardinal obligation). A breach of duty by nobilis Apartments is equivalent to a breach of duty by its legal representatives, employees or vicarious agents. Further claims for damages - unless otherwise regulated in these General Terms and Conditions - are excluded.

2. nobilis Apartments will endeavor to remedy any disruptions or defects in the services of nobilis Apartments upon immediate complaint by the guest or upon knowledge thereof. The guest is also obliged to do what is reasonable to remedy the disruption or defect and to minimize any resulting damage. Furthermore, the guest is obliged to inform nobilis Apartments immediately of the possibility of high damages.

3. nobilis Apartments is liable for items brought into the apartment in accordance with the statutory provisions. Any claim of the guest expires if he does not notify nobilis Apartments immediately after becoming aware of the loss, destruction or damage, with the exception that a late notification has no effect on the clarification of the facts. In the event that funds, valuables or other valuables with a value of more than € 800.00 or other items with a value of more than € 3,500.00 are brought into the apartment, a separate written agreement with nobilis Apartments is required. Otherwise, nobilis Apartments shall not be liable for the loss, destruction or damage of these means or objects.

4. no safekeeping agreement is concluded if a parking space is made available to the guest by nobilis Apartments for a fee or free of charge. This does not result in any monitoring obligation for nobilis Apartments. In the event of loss, theft or damage to motor vehicles parked or maneuvered on the property and/or parking space provided by or through nobilis Apartments, nobilis Apartments is only liable in cases of intent or gross negligence. The guest is obliged to report any damage immediately. Obvious damage must be reported before leaving the parking space. nobilis Apartments is not liable for damage caused solely by other guests or other third parties.

5. any claims against nobilis Apartments are generally subject to a limitation period of one year from the start 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 due to grossly negligent or intentional breach of duty by nobilis Apartments or in the event of breach of a cardinal obligation.

6. nobilis Apartments assumes no liability for lost property. This does not include liability due to intentional or grossly negligent breaches of duty on the part of nobilis Apartments. Lost property will only be returned upon request for a fee and an additional processing fee of €15.00. nobilis Apartments undertakes to store lost property for a period of six months. They will then be disposed of.

9. CLAIM

1. nobilis Apartments is entitled to collect the following security/deposits from the guest prior to the provision of apartments in order to secure all claims of nobilis Apartments against the guest resulting from the accommodation contract:

2. a deposit of € 250.00 for stays of less than three months.

3. for a stay of three to six months, a deposit in the amount of one month's accommodation price.

4. nobilis Apartments is entitled to collect the deposit/security deposit in the event of a stay of less than three months by pre-authorizing the means of payment in settlement of the security deposit. If the guest does not pay the deposit/security deposit, he/she is not entitled to stay in the apartment. If nobilis Apartments has left the apartment to the guest despite this, nobilis Apartments is entitled to terminate the accommodation contract without notice if the deposit is not paid within a reasonable grace period to be set.

5. nobilis Apartments is obliged to settle the deposit within one month after termination of the accommodation contract.

10. CUSTOMER DATA

1. nobilis Apartments collects and records the guest's e-mail address and telephone number to ensure communication. Likewise, nobilis Apartments is entitled to request a valid identification document digitally upon check-in. For domestic guests this is an identity card or passport, for foreign guests always a passport.

2. nobilis Apartments is entitled to cancel the booking if the identity of a guest cannot be clarified beyond doubt due to missing or false documents. nobilis Apartments is entitled to cancel the booking of a guest if the identity of a guest cannot be clarified beyond doubt due to missing or false documents.

3. nobilis Apartments uses software solutions to prevent fraudulent and defective bookings. These solutions use the data requested from the guest (e-mail address, telephone number, credit card data, address) to determine a “fraud prevention score” for each guest in order to detect fraudulent bookings. nobilis Apartments reserves the right to cancel a booking marked accordingly by the system.

11. TERMINATION OF THE ACCOMMODATION CONTRACT

1. nobilis Apartments reserves the right and is entitled to terminate an accommodation contract for good cause. In particular, an important reason exists if

a) force majeure or other circumstances for which nobilis Apartments is not responsible make it impossible to fulfill the contract

b) nobilis Apartments has justified cause to believe that the use of the accommodation service may jeopardize either the smooth operation of the business, the security or the public image of nobilis Apartments and its locations, without this being attributable to the sphere of control or organization of nobilis Apartments

c) bookings are culpably made with misleading or false information or concealment of material facts; material facts may include, but are not limited to, the identity of the guest, the ability to pay or the purpose of the stay

c) bookings are culpably made with misleading or false information or concealment of material facts; material facts may include, but are not limited to, the identity of the guest, the ability to pay or the purpose of the stay

d) the purpose or reason for the stay is unlawful or serves the purpose of residential prostitution

e) In the event of resale or subletting and/or subletting (see Section 7)

2. nobilis Apartments must inform the guest immediately of the exercise of the right of termination.

3. the guest is not entitled to compensation in the event of justified termination by nobilis Apartments.

4. nobilis Apartments is entitled to cancel or refuse future bookings of the guest, even if these have already been confirmed by nobilis Apartments, if nobilis Apartments has terminated the contract due to circumstances for which the guest is responsible or for a reason in accordance with section 1 above.

12. VOUCHERS

1. a voucher purchased from nobilis Apartments can only be redeemed for services provided by nobilis Apartments. If there are any remaining credit balances when paying with the voucher, these remain and can be used for further bookings. Vouchers cannot be returned, they are not resalable or transferable and cannot be redeemed in whole or in part for cash. The purchaser of the voucher is responsible for providing the correct details (in particular e-mail address) to which the voucher and invoice are to be sent.

13. smoking ban

1. all apartments of nobilis Apartments are non-smoking apartments. Smoking in the apartments as well as in common areas of nobilis Apartments is strictly prohibited. This also applies to e-cigarettes, shishas, tobacco heaters and similar devices. Smoking on balconies and/or terraces is only permitted if the smoking area is marked accordingly and the door to the apartment is closed. In the event of non-compliance, nobilis Apartments has the right to demand compensation from the guest for the separately necessary cleaning costs, including any loss of revenue from an unreasonable re-letting of the apartment due to the incident, in the amount of at least EUR 250.00. This compensation amount is nevertheless to be set higher if nobilis Apartments can prove that the damage was higher. The guest is entitled to prove that nobilis Apartments has suffered less damage or no damage at all. Manipulating or blocking emergency exits, fire extinguishers or the fire/house alarm is prohibited. Violations may result in a penalty fee of 150 €. This also applies to tampering with or switching off security and decibel sensors within the apartment.

2. nobilis Apartments is entitled to cancel an active booking with immediate effect and to expel guests from the house if it becomes aware of violations of points 1 and 2. There is no entitlement to a refund or partial refund in these cases. The guest is entitled to prove that nobilis Apartments has suffered less or no damage,

3. nobilis Apartments buildings may contain networked smoke detectors that are directly connected to the control center of the fire department or a security service. The guest is fully liable for the intentional or negligent triggering of the fire alarm system (e.g. due to the violation of the smoking ban), but at least to the amount of the actual costs incurred (e.g. fire department or security service deployment costs).

14 Prohibition of parties and gatherings

1. noise in the booked apartment, the communal areas and the surrounding area must be avoided. Quiet hours must be observed from 10 p.m. to 6 a.m. (“quiet hours”), unless other times are specified in the house rules. Parties and gatherings are strictly prohibited in the apartments and common areas of nobilis Apartments.

2. nobilis Apartments has the right to demand compensation from the guest in the amount of EUR 500.00 for the separately necessary cleaning costs, including any loss of revenue from an unreasonable re-letting of the apartment due to the incident. The right to further compensation is not affected by this. The guest is entitled to prove that nobilis Apartments has suffered less or no damage,

3. nobilis Apartments apartments may be equipped with sensors for decibel measurement. These sensors do not record voices or conversations, but are used to detect excessive volume. In common areas of nobilis Apartments, i.e. corridors or other common areas, sensors for decibel measurement can also be installed, as well as active video surveillance, which records 24/7 and stores it in a cloud environment.

4. nobilis Apartments is entitled to cancel an active booking with immediate effect and to expel guests from the house if it becomes aware of violations of points 1 and 2. There is no entitlement to a refund or partial refund in these cases. The guest is entitled to prove that nobilis Apartments has suffered less or no damage. nobilis Apartments reserves the right to use the services of a third party, such as a security service, to enforce its house rules. Any costs incurred by the intervention of a third party will be passed on to the guest.

15. DAMAGE OR UNAUTHORIZED REMOVAL OF INVENTORY

1. nobilis Apartments is entitled to compensation in the event of damage beyond the contractual use during the accommodation or if inventory is removed from the unit without authorization, which includes in particular the expenses for remedying the damage, including any loss of turnover resulting from an inability to rent the apartment, legal costs plus a processing fee of € 50 for such a case of damage. The guest has the right to prove that nobilis Apartments has suffered less damage or no damage at all.

16. PETS

1. pets are not permitted in apartments and communal areas. Exceptions are guide dogs, deaf dogs and other comparable service dogs. These may be brought along free of charge and at any time upon presentation of proof. The corresponding proof must be presented to nobilis Apartments before check-in.

2. nobilis Apartments is entitled to make further exceptions to the aforementioned principle. The guest has no claim to this. If a pet stays in a unit without permission, nobilis Apartments will charge a flat rate of EUR 150.00 for a special cleaning fee. nobilis Apartments is entitled to cancel an active booking with immediate effect and to expel guests from the house if there are violations of point 1. There is no entitlement to a refund or partial refund in such cases. The guest has the option of proving that nobilis Apartments has suffered less damage or no damage at all.

17. MAINTENANCE

1. by booking an apartment from nobilis Apartments, the guest undertakes to treat the apartment provided as well as rooms, facilities and equipment intended for communal use with care and attention, to ensure adequate ventilation and heating and to avoid gross soiling. If there is soiling that goes beyond normal use during the guest's stay or even after the guest's departure, nobilis Apartments has the right to charge the guest an additional cleaning fee of at least EUR 50.00 (depending on the condition of the unit). The guest is entitled to prove that nobilis Apartments has incurred less damage or no damage at all,

2. furthermore, the guest undertakes to check the furnishings of the apartment for completeness and suitability for use upon moving in and to notify nobilis Apartments immediately of any defects and complaints.

3. the guest is liable for all damage to the apartment provided to him, the furnishings and the rooms, facilities and equipment intended for common use, which he or his visitors have culpably caused through use contrary to the contract and which is not due to normal wear and tear. The guest must notify nobilis Apartments immediately of any damage to the apartment provided.

4. nobilis Apartments is entitled to carry out weekly intermediate cleanings for bookings of more than 7 nights. The guest is obliged to grant the service provider commissioned by nobilis Apartments or employees of nobilis Apartments access to the apartment for this purpose.

18. INTERNET USE

1. nobilis Apartments will provide the guest with Internet access within the scope of the existing technical and operational possibilities. Disruptions, for example due to force majeure or maintenance work or similar, cannot be ruled out.

2. the guest may not misuse the Internet connection. Misuse is deemed to have occurred in the following cases in particular: Downloading and distribution of copyrighted content via peer-to-peer sharing platforms, illegal streaming offers as well as the posting, retrieval or transmission of criminally relevant content (in particular §§ 130, 130a, 131 and 184 StGB). The guest is obliged to respect the copyrights, patent rights, name rights, trademark rights and personal rights of third parties during use. The guest indemnifies nobilis Apartments upon first request from all claims and claims for damages of third parties as well as from the costs of legal defense in an appropriate amount, which have been caused by an illegal use of the provided Internet connection by the guest or by third parties with the knowledge of the guest. This indemnification claim includes in particular claims arising from the infringement of copyright, patent, name, trademark and personal rights as well as violations of data protection law.

3. the guest is prohibited from passing on the access data for the Internet connection of nobilis Apartments to third parties. This also applies to the publication of any access data. In the event of non-compliance, the guest is liable to nobilis Apartments for all damages resulting from the disclosure of the access data.

4. nobilis Apartments also reserves the right to block the guest's Internet connection in the event of legal violations.

20. DATA PROTECTION

1. the data protection regulations can be viewed at: www.nobilis-apartments.de

21. FINAL PROVISIONS

1. amendments and supplements as well as the cancellation of the accommodation contract, the acceptance of the application or these General Terms and Conditions must be made in text form. This also applies to the revocation of this text form clause. Unilateral amendments or additions by the guest are invalid.

(2) The place of performance and payment shall be the registered office of the accommodation provider.

3. the exclusive place of jurisdiction for commercial transactions shall be the registered office of the accommodation provider. If a contracting party fulfills the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the accommodation provider.

4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

5. should a provision of this contract be or become invalid, void or voidable, this shall not affect the validity of the remaining provisions. In place of the invalid/void provision, the parties shall agree on a provision that comes closest to the purpose intended by the invalid/void provision. This also applies to the filling of any gaps in the contract.

6. the accommodation provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

(mechanical translation - the German version is obligatory)