1. SCOPE & CONTRACTING PARTIES
1.1 These General Terms and Conditions, hereinafter referred to as GTC, apply to all contracts for the rental of apartments and flats for accommodation purposes, which are concluded between BROCKHEUS e.K. and third parties (guests), as well as for all other services and deliveries provided by the aforementioned companies.
1.2 The contracting party of the guest in Germany is BROCKHEUS e.K.
1.3 The customer's general terms and conditions shall only apply if they have been expressly agreed upon in writing beforehand.
2. RESERVATIONS/BOOKING
2.1 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 BROCKHEUS e.K. This confirmation constitutes the establishment of an accommodation contract between BROCKHEUS e.K. and the guest.
2.2 Offers from BROCKHEUS e.K. regarding available apartments are subject to change and non-binding. BROCKHEUS e.K. reserves the right to decline the conclusion of an accommodation contract at its own discretion.
2.3 If the guest books only a category of an offered property, the guest has no claim to accommodation in a specific apartment/unit. BROCKHEUS e.K. reserves the right to impose industry-standard restrictions such as minimum stays, booking guarantees, or deposits for certain travel dates.
3. CANCELLATION DEADLINES/WITHDRAWAL BY THE CUSTOMER/FAILURE TO USE SERVICES
3.1 A guaranteed reservation is only established with the guest's payment to BROCKHEUS e.K. This reservation can be canceled by the guest according to the specified cancellation conditions by providing the relevant reservation number.
3.2 Cancellation conditions:
(1) Cancellations are free of charge up to two days before arrival.
(2) For cancellations up to one day before arrival, a cancellation fee of 80% of the booking value will be charged. Cleaning fees will be fully refunded to the guest.
(3) In case of no-show, the full booking value, including cleaning fees, will be charged. The guest has no right to a refund. The guest may submit a written explanation of the cancellation reason to BROCKHEUS e.K. BROCKHEUS e.K. may, at its discretion, waive or partially refund the cancellation fees but is not obligated to do so.
3.3 If a right of withdrawal is not agreed upon or has expired (end of the free cancellation period), and if BROCKHEUS e.K. does not agree to a contract cancellation, BROCKHEUS e.K. retains the right to the agreed remuneration despite non-use of the service or late cancellation. BROCKHEUS e.K. must offset any revenue from renting the rooms to other parties and the saved expenses. If the rooms are not rented to others, BROCKHEUS e.K. may deduct saved expenses at a flat rate. In this case, the customer is obligated to pay 90% of the agreed price for the accommodation. The customer is free to prove that the aforementioned claim did not arise or did not arise to the required amount. Additionally, in case of a no-show for guaranteed reservations for multiple days, all subsequent nights will be canceled starting from the first night, and the guest has no claim to the remaining nights.
3.4 For reservations on the day of arrival, the guest must make the payment according to §5 immediately, typically within one hour.
4. OVERNIGHT RATES & OTHER PRICES
The prices indicated by BROCKHEUS e.K. at the time of contract conclusion are valid. Applicable and indicated prices are gross and include all legal taxes, fees, and charges. Local taxes owed by the guest, such as visitor's taxes, are not included.
5. PAYMENT TERMS & INVOICE
The price for the overnight service booked by the guest must always be paid in advance by the guest. The exact date for settling the outstanding amounts is specified on the invoice issued by BROCKHEUS e.K. Offsetting by the guest is excluded unless the offsetting concerns an undisputed or legally established claim. Accepted payment methods are MasterCard, Visa, American Express, Sofortüberweisung/Klarna, PayPal, or regular bank transfer. Cash payments are not accepted. BROCKHEUS e.K. reserves the right to charge the deposited payment methods for used additional services or violations of the General Terms and Conditions. The guest expressly authorizes BROCKHEUS e.K. to do so. By making a reservation, the guest agrees to receive their invoice as a download or via email.
6. VOUCHERS
A voucher purchased from BROCKHEUS can only be redeemed for services provided by BROCKHEUS. Any remaining balance from payments made with the voucher will remain and can be used for future bookings. Vouchers cannot be returned, resold, or transferred and are not redeemable for cash in whole or in part. The purchaser of the voucher is responsible for providing the correct details (particularly the email address) to which the voucher and the invoice are to be sent.
7. USE OF RESERVED APARTMENTS
A reserved apartment is available to the guest during the period specified after booking. Keys, parking permits, and/or key cards provided by BROCKHEUS e.K. must be returned on the day of departure to BROCKHEUS e.K., a third party named by BROCKHEUS e.K., or left at the designated location in the apartment as indicated by signage and/or message. In case of loss of a key, key card, or parking permit, or if these items are not returned, a fee of €75.00 will be charged. BROCKHEUS e.K. is further entitled to claim additional compensation for any damage exceeding €75.00, including the replacement of the affected locking system if required for security reasons. The guest has the right to prove that BROCKHEUS e.K. incurred less or no damage. A later departure or earlier arrival (late check-out or early check-in) can be arranged upon request and subject to availability between BROCKHEUS e.K. and the guest. If BROCKHEUS e.K. agrees to a late check-out/early check-in, BROCKHEUS e.K. is entitled to charge a fee for the additional use of the apartment as follows:
Up to 2 hours before regular check-in or after check-out: €15.00
Up to 3 hours before regular check-in or after check-out: €25.00
From 4 hours: the applicable overnight rate for that day will be charged.
If there is no agreement, BROCKHEUS e.K. is entitled to charge a penalty fee of €100.00 for an early check-in or late check-out starting from 1 hour. In addition to the penalty fee, the guest is liable for further resulting damages. The guest has the right to prove that BROCKHEUS e.K. incurred less or no damage. The guest cannot derive a contractual claim to a late check-out or early check-in. Subletting, Reletting, Usage Subletting or re-letting the booked apartment is prohibited. This particularly includes the re-letting of apartments or apartment contingents to third parties at higher prices than those indicated by BROCKHEUS e.K. Similarly, assigning or selling claims against BROCKHEUS e.K. is not permitted. In such cases, BROCKHEUS e.K. is entitled to cancel the reservation, especially if the guest has provided false information to third parties about the nature of the booking or payment during the assignment/sale. The use of apartments from BROCKHEUS e.K. for purposes other than accommodation is expressly prohibited. This includes any commercial or illegal use. Without explicit consent, the use of apartments for commercial photo or video shoots is also prohibited. BROCKHEUS e.K. reserves the right to cancel the reservation without refund and to vacate the rented property in case of non-accommodation use.
8. LIABILITY OF BROCKHEUS e.K.
BROCKHEUS e.K. is liable for damages caused by injury to life, body, or health that it is responsible for without limitation. BROCKHEUS e.K. is also liable for other damages resulting from intentional or grossly negligent breaches of duty by BROCKHEUS e.K. In cases of simple negligence, BROCKHEUS e.K. is liable only for foreseeable damages typical for the contract if an essential duty is breached that is necessary for the proper execution of the contract and on which the guest may rely (cardinal duty). A breach of duty by BROCKHEUS e.K. includes the breach by its legal representatives, employees, or agents. Further claims for damages – unless otherwise regulated in these General Terms and Conditions – are excluded. In the event of disturbances or defects in the services provided by BROCKHEUS e.K., BROCKHEUS e.K. will endeavor to remedy the situation upon immediate complaint by the guest or upon gaining knowledge. The guest is also obligated to contribute what is reasonable to eliminate the disturbance or defect and to minimize any resulting damage. Furthermore, the guest is required to notify BROCKHEUS e.K. immediately of the possibility of a high level of damage occurring. BROCKHEUS e.K. is liable for items brought in according to legal provisions. Any claim by the guest expires if it is not reported to BROCKHEUS e.K. immediately upon gaining knowledge of loss, destruction, or damage, except when a delayed report does not affect the clarification of the matter. For the storage of cash, valuables, or other precious items exceeding a value of €500.00 or other items exceeding a value of €3,500.00, a separate written agreement with BROCKHEUS e.K. is required. Otherwise, BROCKHEUS e.K. is not liable for loss, destruction, or damage to these funds or items. No custodial contract is formed if a parking space is provided to the guest by BROCKHEUS e.K. for a fee or free of charge. This does not create a monitoring obligation for BROCKHEUS e.K. In the event of loss, theft, or damage to vehicles parked or maneuvered on the property and/or provided parking space, BROCKHEUS e.K. is only liable for intent or gross negligence. The guest is obligated to report damages immediately. Obvious damages must be reported before leaving the parking space in any case. BROCKHEUS e.K. is not liable for damages caused solely by other guests or other third parties. Any claims against BROCKHEUS e.K. generally expire within one year from the legal commencement of the 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 BROCKHEUS e.K. as well as in the case of breaches of cardinal duties. BROCKHEUS e.K. assumes no liability for lost property. This excludes liability due to intentional or grossly negligent breaches of duty by BROCKHEUS e.K. BROCKHEUS e.K. commits to storing lost property for a period of three months. Afterward, the items will be disposed of.
9. CUSTOMER DATA
BROCKHEUS collects and records the guest's email address and phone number to ensure communication. BROCKHEUS e.K. is also entitled to request a valid identification document digitally at check-in. For domestic guests, this is an identity card or passport, while for foreign guests, it is always a passport. If a guest's identity cannot be unequivocally verified due to missing or incorrect documents, BROCKHEUS e.K. is entitled to cancel the booking. To prevent fraudulent and harmful bookings, BROCKHEUS e.K. uses software solutions that, based on the data provided by the guest (email address, phone number, credit card details, address), calculate a "Fraud Prevention Score" for each guest to detect fraudulent bookings. BROCKHEUS e.K. reserves the right to cancel any booking flagged by the system accordingly.
10. TERMINATION OF THE ACCOMMODATION CONTRACT
BROCKHEUS e.K. reserves the right and is entitled to terminate an accommodation contract for good cause. A good cause exists particularly if: (a) Force majeure or other circumstances not attributable to BROCKHEUS e.K. make the fulfillment of the contract impossible. (b) BROCKHEUS e.K. has reasonable grounds to believe that the use of the accommodation service may jeopardize the smooth operation of the business, the safety, or the public reputation or image of BROCKHEUS e.K. and its locations, without this being attributable to the control or organizational scope of BROCKHEUS e.K. (c) Bookings are made with culpably misleading or false information or by concealing essential facts; essential 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 illegal or serves as residential prostitution. (e) In the event of resale, subletting, and/or re-letting (see Section 7). BROCKHEUS e.K. must inform the guest immediately about the exercise of the right of termination. The guest has no claim for damages in the case of a justified termination by BROCKHEUS e.K. If the termination by BROCKHEUS e.K. is due to a circumstance for which the guest is responsible or for a reason specified in the above items, BROCKHEUS e.K. is also entitled to cancel or reject future bookings of the guest, even if they have already been confirmed by BROCKHEUS e.K.
11. NO-SMOKING POLICY
All apartments of BROCKHEUS e.K. are non-smoking apartments. Smoking in the apartments as well as in the communal areas of BROCKHEUS e.K. is strictly prohibited. This also applies to e-cigarettes, shishas, tobacco heaters, and similar devices. Smoking on balconies and/or terrace areas is only permitted if appropriately designated and with the door to the apartment closed. In case of violation, BROCKHEUS e.K. has the right to claim compensation from the guest for the extra cleaning costs, including potential loss of revenue due to the apartment being unsuitable for rental following the incident, in the amount of at least EUR 250.00. This compensation amount can be higher if BROCKHEUS e.K. proves a higher damage. The guest has the right to prove that BROCKHEUS e.K. incurred less or no damage. Tampering with or blocking emergency exits, fire extinguishers, or the fire/house alarm is prohibited. Violations may result in a penalty fee of €150. BROCKHEUS e.K. is entitled to terminate an active booking with immediate effect and expel guests from the premises if knowledge of violations according to item 1 is gained. In these cases, there is no claim for a refund or partial refund. The guest has the right to prove that BROCKHEUS e.K. incurred less or no damage. Buildings of BROCKHEUS e.K. may have interconnected smoke detectors directly connected to the fire department or a security service. The guest is fully liable for the intentional or negligent triggering of the fire alarm system (for example, due to violation of the no-smoking policy), at least to the extent of the actual costs incurred (for example, deployment costs, fire department or security service).
12. PROHIBITION OF PARTIES AND GATHERINGS
Noise must be avoided in the booked apartment, communal areas, and surrounding premises. Nighttime quiet hours from 10 PM to 6 AM ("quiet hours") must be observed, unless otherwise specified by house rules. Parties and gatherings are strictly prohibited in BROCKHEUS e.K. apartments and communal areas. In case of violation, BROCKHEUS e.K. has the right to claim compensation from the guest for the extra cleaning costs, including potential loss of revenue due to the apartment being unsuitable for rental following the incident, in the amount of €500.00. The right to further compensation is not affected. The guest has the right to prove that BROCKHEUS e.K. incurred less or no damage.
13. DAMAGE OR UNAUTHORIZED REMOVAL OF INVENTORY
If damage occurs during the stay beyond normal wear and tear or if inventory is removed without authorization, BROCKHEUS e.K. is entitled to claim compensation, which includes the costs of remedying the damage, potential loss of revenue resulting from the inability to rent the apartment, legal costs, plus a handling fee of €100 for such a damage case. The guest has the right to prove that BROCKHEUS e.K. incurred less or no damage.
14. PETS
Bringing pets into apartments and communal areas is not permitted. Exceptions are guide dogs, hearing dogs, and other comparable service dogs. These may be brought along at any time free of charge with proof. The corresponding proof must be provided to BROCKHEUS e.K. independently before check-in. BROCKHEUS e.K. reserves the right to make further exceptions to this rule. The guest has no claim to this. If a pet is found in a unit without permission, a flat fee of €200.00 will be charged for special cleaning by BROCKHEUS e.K. BROCKHEUS e.K. is entitled to terminate an active booking with immediate effect and expel guests from the premises in case of violations of item 1. In these cases, there is no claim for a refund or partial refund. The guest has the right to prove that BROCKHEUS e.K. incurred less or no damage.
15. MAINTENANCE
By booking an apartment from BROCKHEUS e.K., the guest agrees to treat the provided apartment and communal areas, facilities, and installations with care and consideration, ensuring adequate ventilation and heating, and avoiding significant dirt. Should there be dirt exceeding normal use during the guest's stay or after departure, BROCKHEUS e.K. has the right to charge the guest an additional cleaning fee of at least EUR 75.00 (depending on the condition of the unit). The guest has the right to prove that BROCKHEUS e.K. incurred less or no damage. Furthermore, the guest agrees to check the apartment's furnishings for completeness and usability upon arrival and to report any deficiencies or complaints to BROCKHEUS e.K. immediately. The guest is liable for any damage to the apartment, furnishings, and communal areas, facilities, and installations caused culpably by the guest or their visitors through improper use and not attributable to normal wear and tear. The guest must report any damage to the apartment to BROCKHEUS e.K. immediately. For bookings longer than 21 nights, BROCKHEUS e.K. is entitled to conduct interim cleanings in coordination with the guest. The guest is obliged to grant access to the apartment for this purpose to the service provider commissioned by BROCKHEUS e.K. or employees of BROCKHEUS e.K.
16. INTERNET USAGE
BROCKHEUS e.K. provides the guest with internet access within the existing technical and operational possibilities. Interruptions, for instance due to force majeure or maintenance work, cannot be excluded. The guest must not misuse the internet connection. Misuse includes, but is not limited to, downloading and distributing copyrighted content via peer-to-peer sharing platforms, illegal streaming, and uploading, accessing, or transmitting content relevant under criminal law (especially §§ 130, 130a, 131, and 184 of the German Criminal Code). The guest must respect third-party copyright, patent, name, trademark, and personal rights when using the internet. The guest shall indemnify BROCKHEUS e.K. on first demand from all third-party claims and compensation demands, as well as reasonable legal defense costs, resulting from illegal use of the internet connection provided by BROCKHEUS e.K. by the guest or third parties with the guest's knowledge. This indemnity particularly includes claims arising from the violation of copyright, patent, name, trademark, and personal rights, as well as data protection violations. The guest is prohibited from passing on the internet connection access data provided by BROCKHEUS e.K. to third parties. This also applies to the publication of any access data. In case of violation, the guest is liable for all damages resulting from the disclosure of access data. Furthermore, BROCKHEUS e.K. reserves the right to block the guest's internet access in case of legal violations.
17. DATA PROTECTION
The data protection provisions can be viewed at: [https://brockheus.com/de/dataPrivacy](https://brockheus.com/de/dataPrivacy)
18. FINAL PROVISIONS
Changes and additions, as well as the termination of the accommodation contract, the application acceptance, or these General Terms and Conditions, must be in text form. This also applies to the waiver of this text form clause. Unilateral changes or additions by the guest are invalid. The place of fulfillment and payment is the location of the accommodation establishment. The exclusive place of jurisdiction is the location of the accommodation establishment for commercial transactions. If a contractual partner meets the requirements of § 38 para. 2 of the German Code of Civil Procedure and has no general place of jurisdiction within Germany, the place of jurisdiction is the location of the accommodation establishment. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded. Should any provision of this contract be or become ineffective, void, or null, the validity of the remaining provisions shall not be affected. In place of the ineffective/void provision, the parties will agree on a provision that most closely approximates the intended purpose of the ineffective/void provision. This also applies to the filling of any contractual gaps. The accommodation establishment is neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.
