Area of application
- these terms and conditions apply to contracts for the rental of studio or apartment of StudioF11 GmbH. hereinafter referred to as the landlord.
- the subletting or subletting of the rented premises for use for purposes other than residential use is not permitted.
- exclusively our ABBs are used unless it is expressly agreed otherwise in writing.
Limitation and conclusion of the contract
- the contract is concluded by the acceptance of the tenant’s application by the landlord.
- all claims against the landlord in principle in one year from the statutory limitation period. Excluded are claims that are based on a grossly negligent breach of duty by StudioF11 GmbH.
Services, rent, cancellation and billing
- the customer is obliged to pay the prices agreed in the rental contract for the rental of the apartment.
- the agreed prices include the statutory value added tax of currently 7%. Not included is the cultural promotion tax Cologne is owed by the guest. In the event of changes in the tax or levy, the price will be adjusted accordingly, even after conclusion of the contract. In the case of rental contracts with private individuals, this only applies if the period between the conclusion and fulfillment of the contract exceeds four months.
- the length of stay can be changed only with the consent of both parties. The contractually agreed rent remains due even if the length of stay is shortened, unless the tenant provides an adequate replacement.
For each reminder after default, the tenant has to reimburse reminder costs in the amount of € 5 to the landlord.
- the lessor is entitled to require a security deposit of up to 70% of the rent at the conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in the contract in text form.
- a delay in payment gives the landlord the right to immediate termination and eviction of the apartment.
- studioF11 GmbH. is also entitled to collect at the beginning and during the stay from the tenant an appropriate security deposit in the amount of 250, – €. This is to be returned without interest when moving out.
- a withdrawal of the tenant from the contract concluded with StudioF11 GmbH is only possible if a right of withdrawal was expressly agreed in the contract, or the StudioF11 GmbH expressly agrees to a cancellation of the contract. A withdrawal or cancellation of the contract always requires the written form.
9) In case of withdrawal up to 30 days before the beginning of the rental period, we will refund 30% of the rental fee, after that the whole amount is due.
- for the following reasons, the landlord is entitled to terminate the contract extraordinarily or to withdraw from it and to terminate the lease immediately and to vacate the leased property immediately.
This applies in particular if one or more of the following reasons occur:
- A The rental relationship under misleading or false information or concealment of facts essential to the contract were booked. (e.g. accommodation of additional persons)
- B The identity of the guest and his ability to pay and the purpose of the stay are essential to the contract.
- C Circumstances beyond the control of the landlord that make it impossible for us to fulfill the contract. This is force majeure, failure of essentials such as water, sewerage and heating, etc..
- D If the stay or the occasion violates German law.
- E An agreed advance payment has not been made.
- F The landlord has reasonable cause to believe that the use of the rental property endangers the safety or reputation of StudioF11 GmbH.
- G Gross violation of the house rules.
The justified withdrawal of tenant or the prevention of unauthorized use does not entitle the tenant to compensation. It is possible that the landlord provides an equivalent replacement apartment.
Should StudioF11 GmbH have a claim for damages against the tenant in the case of a withdrawal, StudioF11 GmbH can lump sum the claim.
Room provision, room handover and room return
- the booked apartment are available to the tenant from 14.00 clock of the agreed arrival day. The tenant has no right to earlier provision. Unless a later arrival time has been expressly agreed or the room in question has been prepaid, the landlord has the right to assign the booked apartment to someone else after 6:00 p.m. without the tenant being able to derive a claim against the landlord from this. There is no obligation to assign the apartment elsewhere.
- on the agreed departure day, the apartment must be vacated by 11:00 a.m. at the latest. Thereafter, the tenant may charge 50% of the full list price due to the delayed vacating of the apartment for its use in excess of the contract until 6:00 p.m., from 6:00 p.m. at least 90%. Contractual claims of the tenant are not justified by this. The tenant is free to prove that the landlord has no or a significantly lower claim for compensation for use.
- the lessor is liable for damages resulting from injury to life, body or health for which he is responsible. Furthermore, the landlord is liable for other damages that are based on an intentional or grossly negligent breach of duty by the landlord, and damages that are based on an intentional or negligent breach of typical contractual obligations by the landlord. Typical contractual obligations are those obligations that enable the proper performance of the contract and on the fulfillment of which the customer relies and may rely. A breach of duty by the lessor is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded. If disturbances or defects occur in the apartment of the landlord, the landlord will try to remedy the situation upon knowledge or immediate complaint of the tenant. The tenant is obliged to contribute what he can reasonably be expected to do to remedy the disturbance and to keep any possible damage to a minimum. In addition, the tenant is obliged to notify the landlord in a timely manner of the possibility of an unusually high damage.
- the Lessee shall take care of valuables inside the apartment. It is recommended not to leave the valuables unattended in the apartment and to lock room doors and windows well. If the tenant wants to keep money, securities and valuables with a total value of more than € 800 or other things with a total value of more than € 3,500 in the apartment, it is advisable to take out extra insurance for them.
- the tenant’s belongings left behind will be forwarded only at the tenant’s request, risk and expense. The Lessor will keep the items for three months, after which they will be handed over to the local lost and found office, if there is a recognizable value. If the lost and found office is not willing to take over the items, they will either be disposed of or destroyed.
- amendments or additions to the contract or these general terms and conditions shall be made in text form. Unilateral changes or additions by the renter are invalid.
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.
Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply. As of 01.06.2018 is free to confirm the room booking in text form.
- the tenant is obliged to inform StudioF11 GmbH unsolicited at the latest at the conclusion of the contract, if the use of the rental service is likely to endanger the smooth business operation, the safety or the reputation of StudioF11 GmbH in public.
- all claims against StudioF11 GmbH are generally subject to a limitation period of one year from the beginning of the legal limitation period. This does not apply to claims for damages and other claims, if the latter are based on an intentional or grossly negligent breach of duty by StudioF11 GmbH.