1.

Procurement of an accommodation contract with the Provider

1.1

By addressing a reservation and/or booking enquiry to APARTMENTSERVICE, the customer submits an offer for the gratuitous conclusion of an agency contract (hereinafter referred to as „Agency Contract“). APARTMENTSERVICE may accept the customer’s offer for the conclusion of an Agency Contract by post, email, fax or telephone.

1.2

Through the Agency Contract, the customer mandates APARTMENTSERVICE to arrange with operators and/or providers of apartment accommodation (hereinafter referred to as „Providers“) for the conclusion of a tenancy and/or accommodation contract (hereinafter referred to as „Accommodation Contract“). Hence, the customer’s reservation enquiry is an offer to conclude an accommodation contract, which offers APARTMENTSERVICE, by order of the customer, passes on to the Provider.

1.3

The Accommodation Contract proper comes into being between the customer and the Provider and is governed by the latter’s terms and conditions. APARTMENTSERVICE does not act as the customer’s or as the Provider’s representative. The offer may be accepted solely by the Provider. Such acceptance and, consequently, the conclusion of a binding Accommodation Contract takes effect through the transmission of the Provider’s booking confirmation passed on by APARTMENTSERVICE to the customer.

2.

Contractual obligations of APARTMENTSERVICE

2.1

APARTMENTSERVICE’s performance obligations under these General Terms and Conditions consist in the procurement of contracts with Providers in response to customers’ booking enquiries and in the processing of the booking.

2.2

Any information provided to the customer beyond the data available through the media, in particular the internet portal or the catalogues of APARTMENTSERVICE (e.g. conditions governing entry into the country), is binding only on the basis of a separate written contract for the provision of information concluded with the customer.

3.

Processing of reservations and bookings

3.1

When enquiring about a booking the customer is required to provide APARTMENSERVICE with personal data such as name, postal address, email address and, where appropriate, credit card information to the extent that such particulars are collected by the Provider for processing the reservation.

3.2

If the customer’s particulars contained in the Agency Contract cannot be performed anymore, e.g. in case of unavailability, APARTMENTSERVICE shall notify the customer, awaiting its corrections to the agency mandate.

3.3

The customer is obliged to promptly check the accuracy of the transmitted reservation data and shall inform APARTMENTSERVICE of any deviations. APARTMENTSERVICE is entitled to invoke contributory fault on the customer’s part. The Provider’s terms and conditions shall not be affected by the above.

3.4

APARTMENTSERVICE’s obligation is confined to accepting and passing on to the Provider such of the customer’s statements as relate to the initiation of the Accommodation Contract.

4.

Booking, payments, changes, cancellation

4.1

Bookings, payments and cancellations shall be governed by the terms and conditions of the Provider. APARTMENTSERVICE does not act as the customer’s or the Provider’s representative.

4.2

The customer is expected to address requests for changes or cancellation to both the Provider and APARTMENTSERVICE, so as to facilitate optimised processing under the Agency Contract. Nevertheless, attention is expressly drawn to the fact that changes and cancellations can only be agreed with the Provider.

4.3

Depending on the conditions of the Provider the customer may be obliged to pay the agreed price (in whole or in part thereof) if the reservation has not been cancelled in due time or if the arrangement has not been used and not been cancelled. The customer will be informed in detail about the cancellation conditions within the booking procedure.

4.4

Where the customer asserts claims against the Provider or vice versa, APARTMENTSERVICE’s obligation is confined to the surrender of such information and data as APARTMENTSERVICE has received in the context of the reservation from the Provider or the customer for the purpose of initiating the booking contract.

5.

Notes on Data Processing

5.1

In the course of managing agreements and implementing the procurements, APARTMENTSERVICE collects personal data of customers. In doing so, APARTMENTSERVICE shall comply with the statutory provisions pursuant to, in particular, the Bundesdatenschutzgesetz and the Telemediengesetz (German Federal Data Protection Act and the German Act for Telemedia Services). Without the consent of the customer, APARTMENTSERVICE shall only collect, process and utilize the customer’s basic and use information insofar as this is required for administering and processing the contractual relationship and for the use of and invoicing for teleservices as well as for providing services to optimize personal availability.

5.2

Without the customer’s consent APARTMENTSERVICE will not exploit the customer’s information for the purposes of advertising, market research or opinion polls.

5.3

Furthermore, with regard to the customer’s consent and additional information for data collection, processing and utilization, reference is made to the printable version of the data protection declaration that can be called up at any time on APARTMENTSERVICE’s website by clicking on the „data protection“ link.

5.4

In addition, the customer is advised of the entitlement to disclosure, correction and deletion or disabling of personal data in accordance with the provisions of the data protection laws.

6.

Availability, References and Links of the Internet Portal

6.1

APARTMENTSERVICE does not warrant or represent that the information provided, is up-to-date, correct, complete or of quality.

6.2

APARTMENTSERVICE strives to ensure that internet portal functions properly at all times. However, APARTMENTSERVICE does not guarantee uninterrupted access and shall not be liable for transmission downtimes due to technical reasons.

6.3

To the extent that the customer is, directly or indirectly, referred to links that are outside of APARTMENTSERVICE’s scope of responsibility, i.e. connections to third-party internet sites, APARTMENTSERVICE shall only be liable if he is aware of the contents and it would have been technically possible and reasonable for him to prevent the use thereof in case of illegal content. For contents that exceed the aforementioned scope and in particular for loss or damage arising from the use or non-use of such information presented therein, the providers of those web pages alone shall be liable and not the provider who merely refers to the respective publications via links. Neither does the APARTMENTSERVICE adopt the contents of third-party websites as his own.

6.4

The customers may have the opportunity to comment on and evaluate the contents and apartments etc. of the Provider. In this context the customer is entitled and obligated to refer APARTMENTSERVICE forthwith to the contents of other customers that clearly violate the provisions of these Terms and Conditions and/or statutory requirements. APARTMENTSERVICE may delete evaluations by the customer in its own discretion.

7.

Liability

7.1

Any particulars of Providers made available by APARTMENTSERVICE, in particular under www.apartmentservice.de and in its ads or catalogues, were compiled with utmost care on the basis of information supplied by the Provider. APARTMENTSERVICE does not assume any responsibility for the accuracy of these particulars or for the availability of the services offered by Providers and shall not, to that extent, be liable for the proper provision of the services procured. The same shall apply to any changes to the Provider’s services after conclusion of the Accommodation Contract in that APARTMENTSERVICE does not assume any liability for such changes.

7.2

To the extent not already excluded pursuant to para 7.1 or to the extent that the given damage to the customer has not been brought about by intent or gross negligence on the part of APARTMENTSERVICE or one of its legal representatives or vicarious agents or is not based on a breach of material contractual duties by APARTMENTSERVICE or one of its legal representatives or vicarious agents, the liability of APARTMENTSERVICE under the Agency Contract for damage sustained by the customer shall be limited, irrespective of the given legal ground, to three times the value of the service procured. This shall not apply to any damage in the form of injury to the customer’s life, body or health with the proviso that APARTMENTSERVICE shall be liable for such damage pursuant to the statutory provisions.

7.3

Claims of the customer against APARTMENTSERVICE on account of any failure to properly perform the Agency Contract shall be asserted within one month after the end of the accommodation service provided, not, however, prior to the point in time when the customer obtains knowledge of the circumstances giving rise to the pertinent claims against APARTMENTSERVICE. On expiry of this preclusive period, the customer may assert claims against APARTMENTSERVICE only if it was prevented from meeting such deadline without fault.

7.4

The customer’s claims shall become statute-barred within one year with the proviso that the statute of limitations shall begin to run from the end of the year in which the claim arose and in which the customer obtained knowledge of the circumstances giving rise to such claim and of the identity of the opposing party or should have obtained such knowledge without invoking gross negligence. This period of limitation shall not apply to claims of the customer on account of any injury to life, body or health, or by reason of any other damage that is based on any deliberate or grossly negligent breach of duty or by one of APARTMENTSERVICE legal representatives or vicarious agents or on a breach of a material contractual obligation as these instances are governed by the pertinent statutory provisions.

8.

Final Provisions

8.1

Agreements between APARTMENTSERVICE and the customer shall be written and construed in accordance with the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

8.2

If the customer is a businessman, a legal entity under public law or a separate assets institution subject to public law, APARTMENTSERVICE’s place of business (Berlin/Germany) shall be venue for all disputes arising from the contractual relationship between the customer and APARTMENTSERVICE.

8.3

Should individual points of this agreement be legally invalid, the remaining portions hereof shall be unaffected and remain binding.