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General Terms and Conditions

Translation for information purposes. The legally binding version is the German one: German version

1. Scope & contracting party

  1. These General Terms and Conditions (T&Cs, German: AGB) apply to all contracts for the rental of flats and apartments for accommodation purposes concluded between LUXX HOME and third parties (guest), as well as to all other services and deliveries provided by the aforementioned company.
  2. The guest's contracting party in Germany is LUXX HOME APARTMENTS.
  3. The guest's general terms and conditions only apply if this has been expressly agreed in advance in text form.
  4. In addition, the House rules of LUXX HOME APARTMENTS apply. They form part of the accommodation contract.

2. Reservations / booking

  1. By making a reservation/booking, the guest offers to conclude an accommodation contract. Subject to availability, the guest receives a reservation/booking confirmation from LUXX HOME. The accommodation contract is concluded upon this confirmation.
  2. Offers by LUXX HOME relating to available apartments are subject to change and non-binding. LUXX HOME is free to refuse to conclude an accommodation contract at its own discretion.
  3. If the guest only books a category, they have no claim to a specific apartment/unit. LUXX HOME reserves the right to apply restrictions customary in the industry, such as minimum stays, booking guarantees or deposits for certain travel dates.

3. Cancellation periods / withdrawal by the guest / non-use (no-show)

  1. Cancellation conditions for bookings via luxx-home.de: The guest may cancel free of charge up to 14 days before the day of arrival; the amount paid will be refunded in full. In the event of later cancellation or non-arrival, 90 % of the agreed accommodation price must be paid; the remaining amount (in particular final cleaning, additional services not used and city tax or spa tax already paid) will be refunded. If LUXX HOME lets the apartment to someone else during the cancelled period, the income actually earned in this way will also be credited. The guest remains free to prove that a lower loss has been incurred. Cancellation is made by email to reservierung@luxx-home.de, stating the booking number.
  2. A guaranteed reservation only exists once the guest has paid LUXX HOME. It can be cancelled free of charge in accordance with the stated cancellation conditions and periods by stating the reservation number. If a right of withdrawal has not been agreed or has already expired and LUXX HOME does not agree to cancel the contract, LUXX HOME retains the right to the agreed remuneration despite non-use (no-show) or late cancellation. LUXX HOME credits income from letting to others and expenses saved; if the rooms are not let to others, the deduction may be made at a flat rate. In this case the guest is obliged to pay 90 % of the contractually agreed accommodation price. The guest is free to prove that the claim has not arisen or has not arisen in the amount demanded. In the event of non-arrival for reservations guaranteed for several days, all further nights from the first night onwards will also be cancelled, without the guest having any claim to the subsequent nights.
  3. For reservations made on the day of arrival, the guest must make payment in accordance with section 5 without delay, as a rule within one hour.

4. Accommodation prices & other prices

The prices stated by LUXX HOME at the time the contract is concluded apply. Stated prices are gross and include all statutory taxes, fees and levies. Local levies owed by the guest themselves, such as spa taxes, are not included.

5. Terms of payment & invoice

  1. The price for the booked accommodation service must always be paid by the guest in advance.
  2. Set-off by the guest is excluded unless it concerns an undisputed claim or a claim that has been established with final legal effect.
  3. Accepted means of payment are Mastercard, Visa, American Express, Sofortüberweisung/Klarna, PayPal or regular bank transfer. Cash payment is not accepted.
  4. LUXX HOME reserves the right to charge stored payment methods with amounts for additional services used or for breaches of these T&Cs. The guest expressly authorises LUXX HOME 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 for the period determined by the booking.
  2. The apartments are generally equipped with keyless smart locks. The personal PIN code is only valid for the duration of the reservation and must not be passed on to third parties. Keys, cards, remote controls and/or parking permits provided by LUXX HOME must be returned on the day of departure to LUXX HOME, to a third party named by LUXX HOME or to the designated drop-off point. In the event of loss or damage, the replacement costs actually incurred will be charged.
  3. Check-out is by 10:00 at the latest. A later check-out is possible by prior arrangement, for a surcharge and subject to availability. If the check-out time is exceeded, €50.00 will be charged for each hour or part thereof. In addition, costs actually incurred, in particular due to delayed cleaning or the check-in of subsequent guests, may be charged. The guest remains free to prove that lower or no damage has been incurred.
  4. There is no contractual entitlement to a late check-out.
  5. Check-in is from 16:00. An earlier check-in is possible by prior arrangement, for a surcharge and subject to availability. There is no contractual entitlement to it.

7. Provision, subletting, use

  1. Subletting or re-brokering the apartment, in particular at prices higher than those stated, is prohibited. Likewise, the assignment or sale of claims against LUXX HOME is not permitted. In these cases LUXX HOME is entitled to cancel the reservation.
  2. Use of the apartments for purposes other than accommodation, in particular commercial or illegal use, is prohibited. Photo or video recordings without explicit consent are also prohibited. In these cases LUXX HOME may cancel the reservation without a refund and demand that the apartment be vacated.
  3. Commercial photo/video shoots or film productions without written permission and illegal activities are prohibited; illegal activities may be reported to the competent authorities. Insofar as legally permissible, a flat-rate handling fee of €400.00 may be charged for this; actual damage and costs may be claimed in addition.
  4. The accommodation may only be used by the number of people stated in the reservation. Unregistered or additional overnight guests are generally not permitted; any change to the number of guests requires the prior consent of LUXX HOME. €50.00 per night may be charged for each unauthorised additional guest. The guest is responsible for their visitors.

8. Liability of LUXX HOME

  1. LUXX HOME is liable without limitation for damage resulting from injury to life, body or health and for intentional or grossly negligent breaches of duty. In the case of simple negligence, LUXX HOME is only liable, limited to the damage foreseeable and typical for the contract, for breach of a cardinal obligation. Further claims for damages are excluded unless otherwise provided.
  2. In the event of disruptions or defects, LUXX HOME will endeavour to remedy them after being notified without delay; the guest shall cooperate to a reasonable extent and point out the risk of serious damage at an early stage.
  3. LUXX HOME is liable for items brought in by the guest in accordance with the statutory provisions. Claims lapse if loss, destruction or damage is not reported without delay after becoming aware of it. For money, valuables or precious items worth more than €800.00 or other items worth more than €3,500.00, a separate written agreement is required, otherwise liability is excluded.
  4. If a parking space is provided to the guest, no safekeeping contract and no duty of supervision arise. LUXX HOME is only liable for damage to vehicles in the parking space in the event of intent or gross negligence. Damage must be reported without delay, and obvious damage before leaving the parking space.
  5. Claims against LUXX HOME generally become time-barred within one year, except for claims for damages arising from injury to life, body or health, gross negligence, intent or breach of a cardinal obligation.
  6. LUXX HOME accepts no liability for lost property (except in the case of intent/gross negligence). Items are only returned on request for a handling fee of €15.00. Lost property is kept for six months and then disposed of.

9. Deposit

  1. LUXX HOME is entitled to charge a deposit before handing over the apartment.
  2. For stays of less than three months: €250.00.
  3. For three to six months: one month's accommodation price.
  4. For stays of less than three months, the deposit may be collected by pre-authorisation of the means of payment. Without payment of the deposit there is no entitlement to the stay; if the apartment has nevertheless been handed over, LUXX HOME may terminate without notice if the outstanding payment is not made.
  5. LUXX HOME settles the deposit within one month of the end of the contract.

10. Customer data

  1. LUXX HOME collects the guest's email address and telephone number on a mandatory basis and may digitally request a valid identity document at check-in (domestic guests: identity card or passport, foreign guests: passport).
  2. If a guest's identity cannot be established beyond doubt due to a lack of valid documents, LUXX HOME may cancel the booking.
  3. To prevent fraudulent bookings, LUXX HOME determines a fraud prevention score based on the guest data and may cancel bookings flagged accordingly.

11. Termination of the accommodation contract

  1. LUXX HOME may terminate the contract for good cause, in particular in the event of force majeure, risk to business operations, safety or reputation, misleading/false information, an unlawful purpose of stay or a breach of the prohibition on subletting (section 7). The guest will be informed without delay.
  2. In the event of justified termination by LUXX HOME, the guest has no claim to damages.
  3. In the event of such termination, LUXX HOME may also cancel or refuse future bookings of the guest that have already been confirmed.

12. Vouchers

Vouchers can only be redeemed for services provided by LUXX HOME. Remaining credit remains available for further bookings. Vouchers cannot be returned, resold, transferred or paid out in cash. The purchaser is responsible for providing the correct recipient details.

13. Smoking ban

All apartments and communal areas are non-smoking areas, including for e-cigarettes, shishas and heated tobacco devices. Smoking is only permitted on existing balconies or terraces; doors and windows must remain closed while doing so. If there is no balcony or terrace, you must leave the apartment or building completely in order to smoke. Smoking in corridors, stairwells or other communal areas is prohibited. In the event of a violation, a flat-rate handling fee of €400.00 may be charged; additional cleaning, odour removal and damage may also be charged. The guest remains free to prove that lower or no damage/expense has been incurred. Escape routes, emergency exits and safety equipment must be kept clear; tampering with emergency exits, fire extinguishers, fire or safety sensors is prohibited (penalty fee €150.00) and may lead to termination without notice and without a refund. Buildings may be fitted with networked smoke detectors connected to the fire brigade/security service; the guest is liable for the full amount of the costs incurred if they are triggered intentionally or negligently.

14. Ban on parties and gatherings

Parties, events and excessive noise are prohibited in the apartment and in communal areas. Quiet hours apply daily from 22:00 to 07:00, unless different quiet hours apply to a building (this will be pointed out in the booking or arrival information). In the event of a violation, a flat-rate handling fee of €400.00 may be charged; additional cleaning and damage may also be charged. The guest remains free to prove that lower or no damage/expense has been incurred. Noise level measuring systems may be used to detect excessive noise; these do not record conversations or any other audio content. Video surveillance systems may be present in public or communal areas. In the event of serious or repeated violations, LUXX HOME may terminate the booking without notice, demand that the accommodation be vacated and call in third parties (e.g. a security service), whose costs will be passed on to the guest.

15. Damage or unauthorised removal of inventory

In the event of damage beyond use in accordance with the contract or unauthorised removal of inventory, LUXX HOME is entitled to compensation, including the costs of remedying the damage, loss of revenue, legal costs and a handling fee of €50.00. The guest remains free to prove that lower or no damage has been incurred.

16. Pets

Pets are not allowed in all apartments and must be requested separately in advance and confirmed by LUXX HOME; certified assistance dogs are exempt. If dogs are approved, €20.00 per night and per dog will be charged. Unapproved pets are prohibited. In the event of a violation, a flat-rate handling fee of €400.00 may be charged; additional cleaning and damage costs may be added. The guest remains free to prove that lower or no damage/expense has been incurred. In this case LUXX HOME may terminate the booking without notice.

17. Maintenance

The guest shall treat the apartment and communal facilities with care, ensure adequate ventilation/heating and avoid heavy soiling; otherwise a cleaning fee from €50.00 may be charged. The guest shall inspect the furnishings on moving in, report defects without delay and is liable for culpably caused damage beyond normal wear and tear. For bookings of more than 7 nights, LUXX HOME may carry out weekly interim cleaning; the guest shall grant access for this.

18. Internet use

LUXX HOME provides internet access within the limits of what is technically possible; disruptions cannot be ruled out. Misuse (including copyright infringements, illegal content) is prohibited; the guest shall indemnify LUXX HOME against any resulting third-party claims. Passing on or publishing the access data is prohibited. LUXX HOME may block access in the event of legal violations.

19. Data protection

The privacy policy can be viewed at /datenschutz.

20. Final provisions

  1. Amendments, additions or the cancellation of the contract, of the acceptance of the offer or of these T&Cs require text form; this also applies to the cancellation of this text-form clause. Unilateral changes by the guest are invalid.
  2. The place of performance and payment is the registered location of the accommodation business.
  3. In commercial transactions, the exclusive place of jurisdiction is the registered location of the accommodation business; this also applies if the contracting party has no general place of jurisdiction in Germany (Section 38(2) German Code of Civil Procedure (ZPO)).
  4. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules.
  5. Should any provision be or become invalid, the validity of the remaining provisions shall remain unaffected; it shall be replaced by a provision that comes as close as possible to its purpose. This also applies to gaps in the contract.
  6. The accommodation business is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.