Terms & Conditions
1. SCOPE OF APPLICATION & CONTRACTUAL PARTNERS
1.1 Scope of these Terms and Conditions and Contractual Partners
These General Terms and Conditions, hereinafter referred to as GTC, shall apply to all agreements on the temporary rental of apartments for the purpose of accommodation. Such agreements are made between the Guest and the company ZachaStay (hereinafter referred to as ZachaStay). These GTC also apply to all additional services and goods deliveries provided by ZachaStay.
1.2 Conditional Validity of Client's Terms and Conditions
Any terms and conditions of the Guest shall only apply if they have been explicitly agreed upon in writing in advance.
2. RESERVATIONS AND BOOKINGS
2.1 Reservation and Contract Offer
By initiating a reservation or booking, the Guest submits an offer to conclude an accommodation contract. If the chosen apartment is available, the Guest will receive a confirmation from ZachaStay. Upon such confirmation, the accommodation contract between the Guest and ZachaStay comes into existence.
2.2 Non-binding offers and rejection
Offers made by ZachaStay regarding available apartments are not binding and may be rejected at its discretion.
2.3 Restrictions on Category Bookings
If the Guest only books a category in an offered property, there is no right to the use of a specific apartment unit. ZachaStay reserves the right to impose industry-standard restrictions such as minimum stays, booking guarantees or deposits for specific travel dates.
2.4 The booking can only be considered completed if the Guest submits in advance the complete personal data of all arrivals online in the registration form.
3. CANCELLATION TERMS OF THE GUEST
3.1 Cancellation Terms
The applicable cancellation conditions are those stated at the time of booking or on the respective booking platform.
3.2 Effects of Cancellation / No-Show
If no free cancellation applies, ZachaStay retains the right to the agreed remuneration, less any expenses saved and any income obtained from re-renting the apartment. The Guest may prove that no damage or a substantially lower damage has occurred.
3.3 Day of Arrival Reservations
For same-day reservations, payment must be made immediately in accordance with Section 5.
4. PRICES FOR OVERNIGHT STAY AND OTHERS
4.1 Applicable Prices at the Time of Conclusion of the Contract
The prices quoted by ZachaStay at the time of conclusion of the contract shall prevail.
4.2 Prices Including Taxes and Fees
The prices quoted are final prices and include all statutory taxes, fees and charges, unless stated otherwise.
4.3 Local taxes
Local taxes to be paid directly by the Guest, such as visitor's tax, are not included.
5. TERMS OF PAYMENT AND INVOICING
5.1 Advance Payment for Overnight Services
The Guest is obligated to pay the price for the booked overnight service in advance, unless otherwise agreed.
5.2 Offsetting possibilities excluded
Offsetting by the Guest is not permitted unless it concerns an undisputed or legally established claim.
5.3 Accepted payment methods
Accepted payment methods include payments via booking portals as well as all payment methods offered on the website.
5.4 Debit of Payment Methods for Additional Services
ZachaStay reserves the right to charge the deposited payment method for used additional services, damages, compensation claims, cleaning costs, replacement costs, and other justified charges arising from the stay or from violations of these General Terms and Conditions. The Guest expressly agrees to this.
5.5 Invoicing by e-mail
By making a reservation, the Guest agrees to receive the invoice by e-mail.
6. USE OF THE RESERVED APARTMENTS
6.1 Availability of the reserved apartment
The reserved apartment is available to the Guest for the pre-determined rental period.
6.2 Return of Keys and Key Cards
The keys and/or key cards provided by ZachaStay shall be returned on the day of departure at a location designated by ZachaStay.
6.3 Fees for lost items
In case of loss of keys, key cards, parking passes or non-return of these items, a fee of EUR 60.00 will be charged. If the loss incurred exceeds EUR 60.00, ZachaStay reserves the right to charge additional replacement costs, including the replacement of the locking system for security reasons. The Guest may prove that the incurred damage is lower or did not occur.
6.4 Late Check-out
A late check-out may be agreed upon between ZachaStay and the Guest upon availability and upon request. If ZachaStay agrees, a fee of EUR 10.00 will be charged for each commenced hour of late check-out. If there is no agreement, ZachaStay may charge EUR 35.00 per commenced hour as compensation for unauthorized continued use. In case of departure more than 3 hours after the originally agreed check-out time, the full nightly rate of the apartment may be charged if ZachaStay agrees to the continued use. Otherwise, the Guest will owe the full overnight rate as well as any additional damages. The Guest may prove that the damage is lower or did not occur.
6.5 Earlier Arrival (Early Check-in)
An early check-in may be agreed upon between ZachaStay and the Guest upon availability and upon request. If ZachaStay agrees, a fee of EUR 10.00 will be charged for each commenced hour of early check-in. There is no contractual claim to an early check-in.
7. HANDOVER, TRANSFER, USE
7.1 Subletting and assignment prohibited
It is strictly forbidden to sublet the booked apartment or to transfer it to third parties. This also includes the transfer of apartments or contingents at prices higher than those stated by ZachaStay. The assignment or sale of claims against ZachaStay is not permitted. In such cases, ZachaStay reserves the right to cancel the reservation.
7.2 Restrictions on Use
The use of ZachaStay's apartments for purposes other than accommodation is expressly prohibited. This includes in particular any commercial or illegal use. Without express permission, the use of the apartments for photography or video recording is also not allowed. If the apartment is used for reasons other than lodging, ZachaStay reserves the right to cancel the reservation without refund and to require the Guest to vacate the premises immediately.
8. LIABILITY OF ZACHASTAY
8.1 Liability for Damages
ZachaStay shall be liable without limitation for damages resulting from injury to life, body or health for which ZachaStay is responsible. Likewise, ZachaStay is liable for damages based on intentional or grossly negligent conduct.
8.2 Remedy of Defects
In case of disruptions or defects of the services of ZachaStay, ZachaStay shall endeavor to remedy the same upon immediate complaint by the Guest or upon knowledge thereof. The Guest is obliged to contribute to remedying the disruption and to keep the damage as low as possible.
8.3 Liability for brought-in items
ZachaStay is liable for brought-in items according to the statutory provisions. A claim of the Guest expires if the Guest does not notify ZachaStay immediately after becoming aware of the loss, destruction or damage, unless the delayed notification does not affect clarification of the facts.
8.4 Liability for parking spaces
The provision of a parking space by ZachaStay, whether against payment or free of charge, does not lead to the conclusion of a custody contract. ZachaStay is only liable in cases of intent or gross negligence for loss, theft or damage of parked vehicles.
8.5 Limitation of Claims
Claims against ZachaStay are subject to the statutory limitation rules.
8.6 Lost Property
ZachaStay does not assume liability for lost property, unless there is deliberate or grossly negligent breach of duty by ZachaStay. Lost property can be returned on request for reimbursement of shipping costs and a handling fee of EUR 20.00. ZachaStay keeps lost property for six months and may dispose of it afterwards.
9. SECURITY DEPOSIT
9.1 Security Deposit
To secure claims arising from the accommodation contract, ZachaStay may collect a security deposit from the Guest prior to handing over the apartment.
9.2 Amount of Security Deposit
ZachaStay may retain a security deposit of up to EUR 500 for stays of less than 60 days and up to one month's rent for stays of 60 days or more.
9.3 Deadlines for the deposit
If the Guest does not pay the deposit in time, the Guest has no right to stay in the apartment. ZachaStay may terminate the accommodation contract without notice if the deposit is not paid within a reasonable period of time.
9.4 Settlement of the Deposit
ZachaStay will settle and return the deposit within a reasonable period after the end of the stay, provided there are no outstanding claims.
10. CUSTOMER DATA
10.1 Collection of data
ZachaStay obligatorily collects the e-mail address and telephone number of the Guest for communication purposes. In addition, ZachaStay may request valid proof of identification upon arrival, such as an identity card or passport.
10.2 Proof of Identity
If the identity of a Guest cannot be clearly established due to missing or false documents, ZachaStay reserves the right to cancel the booking.
10.3 Fraud Detection
ZachaStay may use software solutions to detect fraudulent bookings by using data such as e-mail address, phone number, payment data and address of the Guest, insofar as legally permitted.
11. TERMINATION OF THE ACCOMMODATION CONTRACT
11.1 Termination for cause
ZachaStay reserves the right to terminate the Accommodation Agreement for good cause. Good cause exists in particular if:
a) force majeure or circumstances for which ZachaStay is not responsible make the fulfillment of the contract impossible;
b) ZachaStay has reasonable grounds to assume that the use of the accommodation service may endanger business operations, security, or property;
c) bookings are made with false information or concealment of essential facts;
d) the purpose of stay is unlawful;
e) reselling, subletting or brokering takes place.
11.2 Consequences of Termination
In case of justified termination by ZachaStay, the Guest shall not be entitled to any refund or compensation.
12. NO SMOKING
12.1 Non-smoking apartments
All apartments of ZachaStay are non-smoking apartments. Smoking is strictly prohibited in the apartments and common areas. This also applies to e-cigarettes, shishas, tobacco heaters and similar devices. Smoking on balcony or terrace areas is allowed only if the apartment is marked accordingly and the door to the apartment is closed.
12.2 Sanctions in case of violation
In case of violation of the smoking ban, ZachaStay reserves the right to charge a contractual fine of at least EUR 250.00 as well as any additional cleaning costs, damages and loss of revenue caused by the apartment being temporarily unrentable. The Guest may prove that no damage or a significantly lower damage has occurred.
12.3 Safety devices
Manipulating or blocking emergency exits, fire extinguishers, fire alarms or security sensors is prohibited. In case of violation, ZachaStay may charge a contractual fine of EUR 150.00, unless higher damages can be proven. The Guest may prove that no damage or a significantly lower damage has occurred.
12.4 Consequences
ZachaStay reserves the right to cancel an active booking immediately and to expel Guests from the property if violations of smoking or safety regulations are found. In such cases, there is no right to a refund.
13. NOISE AND QUIET TIMES
13.1 Noise and Quiet Hours
It is prohibited to make excessive noise in the booked apartment, in the common areas and on the premises. Quiet hours from 10 p.m. to 6 a.m. must be observed, unless other times are specified by the house rules. Parties and gatherings as well as excessive noise levels are strictly prohibited.
13.2 Sanctions in case of violation
In case of repeated violations of the quiet hours, ZachaStay reserves the right to charge a contractual fine of EUR 100.00. In case of violation of the prohibition of parties and gatherings, ZachaStay reserves the right to charge a contractual fine of EUR 500.00 as well as any additional cleaning costs, damages and loss of revenue. The Guest may prove that no damage or a significantly lower damage has occurred.
13.3 Monitoring and Intervention
Where legally permissible, ZachaStay may use appropriate measures to detect and investigate serious violations of house rules in common areas and outside the apartment. ZachaStay may immediately cancel a booking and expel Guests if serious violations are found. In such cases, there is no right to a refund.
13.4 Enforcement of the house right
ZachaStay reserves the right to use third parties such as security services to enforce the house right. Costs arising from the necessary intervention of third parties may be charged to the Guest if caused by the Guest.
14. DAMAGE OR UNAUTHORIZED REMOVAL OF INVENTORY
14.1 Compensation for Damage or Removal of Inventory
If damage occurs during the stay beyond contractual use or inventory is removed without authorization, ZachaStay is entitled to compensation. This includes the costs of repair, replacement, possible loss of revenue due to temporary unrentability, legal costs where recoverable, and a reasonable handling fee of EUR 50.00. The Guest may prove that no damage or a lower damage has occurred.
14.2 House Rules and Documentation
To document violations and damages, ZachaStay may use legally permissible documentation methods outside the private living area of the apartment.
14.3 Use of documentation
Any legally obtained documentation may be used as evidence for the enforcement of claims.
15. MAINTENANCE
15.1 Obligations of the Guest
The Guest undertakes to treat the apartment with care and consideration, to provide adequate ventilation and heating and to avoid gross soiling. In case of soiling beyond normal use, ZachaStay may charge a cleaning fee of at least EUR 50.00, depending on the condition.
15.2 Notice of Defects
The Guest is obliged to check the furnishings of the apartment for completeness and fitness for use upon moving in and to report any defects immediately.
15.3 Liability of the Guest for Damages
The Guest is liable for damages to furnishings and rooms caused by the Guest or the Guest's visitors which exceed normal wear and tear. Damages must be reported to ZachaStay immediately.
15.4 Intermediate Cleaning
For bookings of more than 7 nights, ZachaStay may perform weekly intermediate cleaning. The Guest must allow access to the apartment for this purpose after reasonable prior notice.
16. INTERNET USE
16.1 Provision of Internet Access
ZachaStay shall provide the Guest with Internet access within technical and operational possibilities. Disruptions due to force majeure or maintenance work may occur.
16.2 Misuse
The Guest may not misuse the Internet connection, including illegal downloads, unlawful streaming of copyrighted content, or distribution of criminal content. The Guest shall be liable for violations and shall indemnify ZachaStay from third-party claims arising therefrom.
16.3 Passing on of access data
The passing on of access data to third parties or publication is prohibited. In case of violation, the Guest is liable for any resulting damage.
16.4 Blocking in case of legal violations
ZachaStay reserves the right to block internet access in case of legal violations.
17. FINAL PROVISIONS
17.1 Changes and Amendments of the Contract
Changes, amendments or cancellations of the Accommodation Contract, the acceptance of the application or these General Terms and Conditions must be made in text form.
17.2 Place of performance and payment
The place of performance and payment shall be the registered office of ZachaStay.
17.3 Place of jurisdiction
The exclusive place of jurisdiction for commercial transactions shall be the registered office of ZachaStay, where legally permissible.
17.4 Applicable law
German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
17.5 Severability clause
Should any provision of this contract be invalid, void or unenforceable, this shall not affect the validity of the remaining provisions.
17.6 Dispute resolution procedure
ZachaStay is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
