These Terms & Conditions only apply to the accommodations beginning with No. 100
For the Accommodations with numbers below 100 the following Terms & Conditions will be applied to >>>
1) Subject of Mediation
Subject of mediation is an offer of overnight stays. Ariane Schmitz acts as middleman in the name of clients in offering services for overnight stays. Therefore Ariane Schmitz ist offering no service of her own but acts only in the name of a third party, the client/host. The rental contract will be made exclusively between the client/host and the guest.
2) Accomodation Offer
The guest looking for accomodation will find suitable offers, potentially available for hiring, of clients/hosts on Ariane Schmitz´s website. Ariane Schmitz has no liability for the correctness of the information about the offered flats. This information was made available by the client/host and to the best of knowldege and belief and inserted on her website.
Ariane Schmitz cannot guarantee that the offered accomodations are available. It´s her role as middleman to check with the client/host if the accomodation is available for the required period. The availability will be confirmed as soon as possible within 24 hours at last. If no answer is given it is to be assumed that the accomodation is not available.
There´s no guarantee for the actuality of prices given on the website. Prices can change on short notice.The current prices on request will be definitely and bindingly told to the guest loooking for accomodation. Later price changes will not affect the rental contract.
Ariane Schmitz cannot guarantee if the equipment and furniture of the pictures of the offered accomodation are correct. Pictures can only give an impression of the offered accomodation for the guest.
4) Signing of the contract
The moment an apartment is ordered and confirmed, a binding booking contract is achieved. The entry of your online booking form is binding. Our confirmation will be made by e-mail.
5) Payment / Deposit
As soon as the booking is confirmed a deposit of a certain amount has to be tranferred on Ariane Schmitz´s bank account. This has to be made by the guest in two weeks time. If the guest is not paying the deposit during this time, it will be treated as cancellation with all the rules applied to this.
6) Delivery of the complete accomodation data
The complete accomodation/booking data with the name of the host and the adress of the accomodation will be given to the guest after the receipt of the deposit.
7) Payment/ outstanding payment
The outstanding payment including all additional expenses and deposits has to be paid in advance for the booked period on the day of the arrival by the guest. Variations and changes, advance payments to the host for example will be told to the guest after the receipt of the contact data.
8) Cancellation by the host
The landlord/host is obliged to assure the availability of the reserved accommodation for the booked period. Otherwise he has to pay the following compensation to the guest:
In case the booked accomaodation is not available the host is obliged to completely pay back the deposit paid to him as well as the deposit paid to Ariane Schmitz and after written request by the guest pay the additional compensation:
The guest eplicitely renounces any further demands from the contract.
It is possible for the guest to cancel a booked accomodation. Cancellation is accepted in written form only, sent by e-mail.
There´s always a handling fee of 30 €.
A cancellation fee for the nights in which the accomodation cannot be rented is added as follows.
All abundant payments done by the guest will be paid back in this case.If the guest is not paying his liabilities we have the right to charge a company with the collection of the bill. All costs coming from the handling of the collection of the debts have to be paid by the guest.
The exact time of arrival of the guest has to be talked about with the host. Definite arrival times are mentioned on the website or, if different from this, will be told to the guest before signing the contract. In case of an unexpected delay the guest has to inform the host about it. The host is entitled to rent out to another guest after 2 hours of unnotified delay (Provided that the host can be reached)
The exact time of departure has to be talked about with the host. Definite departure times are mentioned on the website or, if different from this, will be told to the guest before signing the contract.
12) Rules for the use of the host´s accomodation
The guest has to agree upon the rules of the house. Offences against the rules and/or complaints about disturbing noises entitles the host to terminate the contract without payback of the already paid amount of money.
Ariane Schmitz is no travel business tour operator. Therefore tour operator regulations from General Civil Code will not apply here. As a middleman Ariane Schmitz is only liable for the mediation between host and guest. Ariane Schmitz is only liable for acts of crimial intent and gross negligence. Liabilty for simple acts of negligence is excluded. Ariane Schmitz is not responsible for disturbances in case of Acts Of God, strikes or failures from the telecommunication systems.
13.1) Liability for defects of the accomodation
The host is responsible for all the information about the accomodation given on the website (description of the accomodation/ surroundings). Reports about defects have to be told to the host immidiately and noted again on departure. Subsequent complaints should be told directly to the host.
14) Announcements of claims and limitations
Claims due to the service provisions have to be told immidiately and explicetely to the host. Claims are limited to 6 months after service provision.
15) Data protection
Ariane Schmitz is allowed to get, work on and use the hosts´and their guests´ personal data as long as this is necessary for the work as middleman.
In case of controversy Ariane Schmitz is allowed to use the given data so as to explain or change her proceedings. Ariane Schmitz will get, work on and use the booking data of the guest within the regulations of law. The storage and transmission of booking data only if wished or required. The guest agrees upon sending information by e-mail, fax or letter for the guarantee of an all inclusive information standard.
16) Separabiltiy Clause
In case that any of the above the parties will try to get an agreemant as close as possible to the intended rules as possible.
17) Place of Jurisdiction
The place of jursdiction for all conflicts resulting from the renatl contract is the part of Berlin where the rented accomodation is located and therefore always one of the local courts of Berlin.