Terms & Conditions - House Rules
The following terms and conditions and the house rules are part of all contracts between visitors and tenants and SM Apartments ELEGANCE
General terms and conditions of "Apartments ELEGANCE"; hereinafter referred to as “ELEGANCE”:
1.1 These terms and conditions apply to contracts for the rental of apartments for accommodation as well as all other services and deliveries of the ELEGANCE hotel accommodation contract provided for the customer in this context. The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
1.2 The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of ELEGANCE- in text form, whereby § 540 paragraph 1 sentence 2 BGB applies if the customer is not a consumer.
1.3 General terms and conditions of the customer do not apply. Subsidiary agreements must be in writing.
2 CONCLUSION OF CONTRACT, PARTNERS, STATUTE OF LIMITATIONS
2.1 Contracting parties are ELEGANCE and the customer. The contract comes into effect when the customer accepts the application with ELEGANCE. The application is accepted when booking online on the ELEGANCE website, by e-mail, or by other correspondence. ELEGANCE is free to confirm the room booking in text form.
2.2 All claims against ELEGANCE generally expire one year after the start of the statutory limitation period. Claims for damages become statute-barred in five years, depending on knowledge, insofar as they are not based on injury to life, limb, health or freedom. These claims for damages become statute-barred in ten years, regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by Studios & Apartments ELEGANCE.
3 SERVICES, PRICES, PAYMENT, OFFSET
3.1 After confirmation of the firm booking, ELEGANCE is obliged to keep the apartment booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to transfer to ELEGANCE the amount for the rooms provided and the additional services used by him/her in accordance with the agreement/booking. This also applies to services commissioned by the customer directly or via ELEGANCE, which are provided by third parties and paid for by ELEGANCE.
3.3 The agreed prices include the taxes applicable in Germany at the time the contract was concluded.
In the event of a change in the statutory sales tax, VAT and/or the introduction of additional taxes on the service object after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
3.4 ELEGANCE reserves the right to increase its prices for rooms and/or other services if the customer subsequently reduces the number of rooms booked, shortens the length of stay or reduces other services (equipment) booked in advance.
3.5 Invoices from ELEGANCE without a due date are payable within seven days of receipt of the invoice without deduction. ELEGANCE- can demand the immediate payment of due claims from the customer at any time. In the event of a delay in payment, ELEGANCE is entitled - in accordance with §288 BGB - to demand the applicable statutory default interest of currently 5% above the base rate of the European Central Bank (ECB). In legal transactions in which no consumer is involved, the statutory default interest is 9% above the base interest rate. ELEGANCE reserves the right to prove greater damage.
3.6 When booking, a payment of 100% of the total price is due within one week. If the customer cannot pay the full total price in advance, ELEGANCE is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in an additional contract.
3.7 In justified cases, e.g. the customer is in arrears with payment or the scope of the contract is extended, ELEGANCE is entitled to demand an advance payment or security deposit within the meaning of Section 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed amount, even after the conclusion of the contract up to the start of the stay to demand compensation.
3.8 ELEGANCE is also entitled to demand a reasonable advance payment or security deposit within the meaning of Section 3.6 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such has not already been paid in accordance with Section 3.6 and/or Section 3.7 above became.
3.9 The customer can only offset or set off against a claim from ELEGANCE with an undisputed or legally binding claim.
4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION) / FAILURE TO USE STUDIO SERVICES (NO SHOW)
4.1 The customer can only withdraw from the contract concluded with ELEGANCE if a right of withdrawal has been expressly agreed in the contract or if another statutory right of withdrawal exists and ELEGANCE expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a contract cancellation must be made in text form.
4.2 Insofar as ELEGANCE and the customer have agreed on a date for withdrawing from the contract free of charge, the customer can withdraw from the contract up to that point without triggering any claims for payment or damages from ELEGANCE. The customer's right of withdrawal expires if he does not exercise his right to withdraw from ELEGANCE by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination. If ELEGANCE does not agree to a cancellation of the contract, ELEGANCE retains the right to the agreed remuneration despite non-use of the service.
4.4 Cancellation costs:
31 days and more before the start of the booking: processing fee of EUR 50.00
30 days to 21 days before the start of the booking: 25% of the total amount
20 days to 14 days before the start of the booking: 50% of the total amount
13 days to 7 days before the start of the booking: 75% of the total amount
6 days to 0 days before the start of the booking: 100% of the total amount (No refund)
Rebooking: Up to 14 days before arrival: free of charge
From 2 weeks (14 days) before arrival: no more rebooking possible
5 WITHDRAWAL OF STUDIOS
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, ELEGANCE is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer, upon request from ELEGANCE, with a reasonable deadline not waived his right to withdraw.
5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and/or Section 3.7 is not made even after a reasonable grace period set by ELEGANCE has expired, ELEGANCE is also entitled to withdraw from the contract.
5.3 Furthermore, ELEGANCE is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, in particular if
- Force majeure or other circumstances for which ELEGANCE- is not responsible make it impossible to fulfill the contract;
- rooms or spaces are booked culpably with misleading or false information or with the concealment of essential facts; The identity of the customer, the ability to pay or the purpose of the stay can be essential.
- ELEGANCE- has justified reason to assume that the use of the service can endanger the smooth business operations, the security or the reputation of ELEGANCE- in public, without this being attributable to the area of control or organization of ELEGANCE-;
- the purpose or reason for the stay is illegal;
- there is a violation of the above-mentioned number 1.2.
5.4 The justified withdrawal by ELEGANCE does not justify any claims by the customer for damages.
6 ROOM AVAILABILITY, DELIVERY AND RETURN
6.1 The customer does not acquire the right to be provided specific rooms unless this has been expressly agreed.
6.2 Booked rooms are available to the customer punctually on the agreed arrival date. The customer is not entitled to earlier provision, unless this has been specially agreed.
6.3 On the agreed day of departure, the apartments must be vacated on time. If the apartment is vacated late, ELEGANCE may charge for the additional hours according to the list price.
7 LIABILITY OF STUDIOS & APARTMENTS ELEGANCE
7.1 ELEGANCE is only liable for damage to life, limb or health for which it is responsible. Furthermore, it is liable for other damages based on an intentional or grossly negligent breach of duty or on an intentional or negligent breach of typical contractual obligations. A breach of duty by ELEGANCE is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this clause 7. If there are any defects in the apartments or services provided by ELEGANCE, ELEGANCE will endeavor to remedy the situation if it becomes aware of this or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage as low as possible.
7.2 ELEGANCE assumes no liability for items brought in by the customer.
7.3 If the customer is provided with a parking space, even for a fee, this does not result in a safekeeping contract. ELEGANCE is not liable for the loss of objects/contents from the vehicle or for damage to parked or maneuvered vehicles on the parking lot/property. The Road Traffic Act applies on the ELEGANCE property.
8 FINAL PROVISIONS
8.1 Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions must be made in writing. Unilateral changes or additions by the customer are invalid.
8.2 Place of jurisdiction for the place of fulfillment and for legal disputes is Munich.
8.3 German law applies. The application of the UN sales law and the conflict of laws is excluded.
8.4 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 addition, the statutory provisions apply.
- Young people under the age of 18 must leave our website immediately.
- Access to Studio Elegance for young people under the age of 18 is strictly prohibited.
- The interior of the Studio Elegance is a "smoking-free zone". Smoking cigarettes is not permitted indoors.
- The lighting of candles and corresponding guard games are prohibited.
- Dirty games are only allowed in the wet room/on the tiles. All other rooms and the use of the bathtubs for dirty games are prohibited.
- KV session only in diapers, foil or plastic bags! It goes without saying that the guests dispose of the garbage "immediately" outside in the garbage container after the session.
- Please do not step on the beds and loungers with high heels to avoid possible damage (holes). The same applies to TV education (feminization).
- In order to avoid "excitement of public nuisance according to § 183a StGB", guests are not allowed to engage in sexual acts outside of the building (e.g. parking lot, access to the building, Frankfurter Ring and its side streets, etc.) and/or to be naked/inappropriate in them stop areas.
- At all times in our studio, all games must be conducted with the utmost safety, common sense and mutual consent.
- The operator does not provide supervision for the use of the studio and its multifaceted play options.
- The Corona protective measures are implemented according to the current status.
- The guests of the Studio Elegance are obliged to truthfully and immediately inform their gaming partner of any known health restrictions in order to rule out any risks.
- Violence, bodily harm and any health-endangering practices are prohibited in Studio Elegance. In the Studio Elegance the non-violent sexual self-determination of the adult applies.
- Bringing and using intoxicating substances or narcotics of any kind according to the BtMG is expressly forbidden. In the event of a violation of the Narcotics Act, the operator will immediately report this to the police.
- In the event of incorrect/impermissible behavior, the operator reserves the right to immediately prohibit access to the Studio Elegance.
- Commercial photos and video recordings are not permitted in Studio Elegance without prior permission.
- We also rent our rooms commercially to professional ladies who provide their services independently and on their own account. In addition, these ladies must meet the requirements and legal requirements of the currently applicable ProstSchG law.
- Guests are in Studio Elegance of their own free will and responsibility.
- Discretion is the top priority at Studio Elegance. In order to protect the interests of our guests and operators, the parties agree to secrecy. This applies in particular - but not exclusively - to internal business processes, personal and professional information of all parties. The only exceptions are information that has already been published on the website or in other media. A breach of the discretionary rule will be pursued by legal means.
- House rules/house rules - In the event of violations of the house rules, the operator of the Studio Elegance reserves the right to apply the house rules. In this case, the lease is terminated immediately and the tenants must leave the house immediately. In the event of damage caused by violating the house rules, the operator reserves the right to assert this in individual cases.