General terms and conditions of business

1. SCOPE & CONTRACTUAL PARTNER

a. These General Terms and Conditions (hereinafter referred to as "GTC") govern all contracts for the rental of apartments and flats for accommodation concluded between BLACK & WHITE HOSTING GmbH (hereinafter referred to as "Guest") and third parties (hereinafter referred to as "Guest"), as well as all other services and deliveries provided by the aforementioned company.

b. These General Terms and Conditions apply exclusively unless expressly agreed otherwise in writing. Any general terms and conditions of the customer shall only apply if expressly agreed in writing in advance.

2. RESERVATIONS/BOOKING

a. By initiating a reservation or booking, the guest makes an offer to conclude an accommodation contract. If the booked apartment is available, BLACK & WHITE HOSTING will send the guest a reservation/booking confirmation, thereby concluding an accommodation contract between BLACK & WHITE HOSTING and the guest.

b. Offers from BLACK & WHITE HOSTING regarding available apartments are non-binding and can be freely rejected.

c. Booking a specific category does not entitle the guest to accommodation in a specific apartment or unit. BLACK & WHITE HOSTING reserves the right to impose industry-standard restrictions such as minimum stays, booking guarantees, or deposits for specific travel dates.

3. CANCELLATION DEADLINES/CUSTOMER WITHDRAWAL/FAILURE TO USE SERVICES (NO SHOW)

a. A guaranteed reservation is only valid after the guest has paid BLACK & WHITE HOSTING. This reservation can be canceled free of charge in accordance with the specified cancellation conditions and deadlines by providing the corresponding reservation number. If no right of withdrawal was agreed upon or this right has already expired (e.g., after the expiration of the free cancellation period), and BLACK & WHITE HOSTING does not agree to a cancellation of the contract, BLACK & WHITE HOSTING retains the right to the agreed remuneration despite non-use of the service (no show) or late cancellation. Income from renting rooms to other parties and saved expenses will be taken into account. If the rooms cannot be rented to other parties, BLACK & WHITE HOSTING may make a lump sum deduction for saved expenses. In such a case, the customer is obligated to pay 90% of the agreed overnight rate. The customer has the right to provide evidence that the aforementioned claim did not arise or did not arise to the required amount. In addition, in the case of a multi-day guaranteed reservation, if the guest does not show up, all subsequent nights from the first night onwards will be cancelled and the guest will not be entitled to any subsequent nights.

b. For reservations made on the day of arrival, the guest must make payment for the stay immediately, as a rule within one hour of booking, in accordance with Section 5.

4. ACCOMMODATION PRICES & OTHER PRICES

a. The prices quoted by BLACK & WHITE HOSTING at the time of contract conclusion are binding. These prices include all statutory taxes, fees, and charges (gross). Local charges, such as tourist taxes, which are to be paid by the guest themselves, are not included.

5. PAYMENT TERMS & INVOICE

a. The guest is always obliged to pay the price for the booked overnight stay in advance.

b. Set-off by the guest is only possible if it concerns an undisputed or legally established claim.

c. Accepted payment methods are regular bank transfers. Cash payments are not accepted.

d. BLACK & WHITE HOSTING is entitled to charge the deposited payment methods for the use of additional services or in the event of violations of the General Terms and Conditions. The guest expressly authorizes BLACK & WHITE HOSTING to do so.

e. By making a reservation, the guest agrees to receive his invoice either as a download or by email.

6. POSSIBLE USE OF RESERVED APARTMENTS

a. The reserved apartment is available to the guest for the period specified after the booking.

b. The keys, parking permits and/or key cards provided by BLACK & WHITE HOSTING must be returned on the day of departure either to BLACK & WHITE HOSTING, a third party designated by BLACK & WHITE HOSTING or to a storage location in the apartment indicated by BLACK & WHITE HOSTING through signage and/or a message. A fee of €100.00 will be charged for the loss of a key, key card or parking permit, as well as for the failure to return these items. BLACK & WHITE HOSTING reserves the right to charge the guest further costs for any damage caused, provided that these exceed the amount of €100.00, including the replacement of the affected locking system for security reasons. The guest has the opportunity to prove that BLACK & WHITE HOSTING either did not cause any damage or that the damage caused is lesser.

c. A later departure (late check-out) can be agreed upon upon request and subject to availability between BLACK & WHITE HOSTING and the guest. If BLACK & WHITE HOSTING agrees to the late check-out, a fee of €10.00 per hour or part thereof will be charged for the additional use of the apartment. If consent is not given, BLACK & WHITE HOSTING reserves the right to charge a fee of €30.00 per hour or part thereof. For departures more than 3 hours after the originally agreed check-out, the full overnight rate for the apartment will be charged, provided BLACK & WHITE HOSTING has agreed. If consent is not given, the guest owes compensation for any additional damages in addition to the full overnight rate. The guest has the opportunity to prove that BLACK & WHITE HOSTING incurred either no damage or lesser damage.

d. The guest has no contractual right to a late check-out.

e. Early check-in can be arranged upon request and subject to availability between BLACK & WHITE HOSTING and the guest. If BLACK & WHITE HOSTING agrees to early check-in, a fee of €10.00 per hour or part thereof will be charged for the additional use of the apartment. The guest has no contractual right to early check-in.

7. TRANSFER, SUBLETTING, USE

a. Subletting or brokering the booked apartment is prohibited. This expressly includes brokering apartments or contingents to third parties at prices higher than those set by BLACK & WHITE HOSTING. Likewise, assigning or selling claims against BLACK & WHITE HOSTING is not permitted. In such cases, BLACK & WHITE HOSTING reserves the right to cancel the reservation, particularly if the guest has provided false information regarding the type of booking or payment to third parties during the assignment or sale.

b. The use of BLACK & WHITE HOSTING apartments for purposes other than accommodation is strictly prohibited. This includes, in particular, any commercial or illegal use. The use of the apartments for photography or video recording is also prohibited without express permission. Should the apartment be used for reasons other than accommodation, BLACK & WHITE HOSTING reserves the right to cancel the reservation without refund and vacate the apartment.

8. LIABILITY OF BLACK & WHITE HOSTING

a. BLACK & WHITE HOSTING is liable without limitation for damages resulting from injury to life, body, or health. BLACK & WHITE HOSTING is also liable for other damages resulting from an intentional or grossly negligent breach of duty by BLACK & WHITE HOSTING. In the case of simple negligence, BLACK & WHITE HOSTING's liability is limited to the damage typically foreseeable under the contract, provided that a duty is violated whose fulfillment makes the proper execution of the contract possible and on whose compliance the guest can rely (cardinal duty). A breach of duty by BLACK & WHITE HOSTING is equivalent to a breach of duty by its legal representatives, employees, or vicarious agents. Further claims for damages - unless otherwise provided in these General Terms and Conditions - are excluded.

b. In the event of disruptions or defects in the services provided by BLACK & WHITE HOSTING, BLACK & WHITE HOSTING will endeavor to remedy the situation upon immediate notification by the guest or upon becoming aware of the problem. The guest is also obligated to do whatever is reasonable to remedy the disruption or defect and to minimize any resulting damage. Furthermore, the guest is obligated to immediately notify BLACK & WHITE HOSTING of the potential for significant damage.

c. BLACK & WHITE HOSTING is liable for items brought into the guesthouse in accordance with statutory provisions. Any claim by the guest expires if they do not notify BLACK & WHITE HOSTING immediately after becoming aware of the loss, destruction, or damage, with the exception that a delayed notification has no effect on the clarification of the facts. In the case of the bringing in of funds, valuables, or other valuables with a value exceeding €800.00, or for other items with a value exceeding €3,500.00, a separate written agreement with BLACK & WHITE HOSTING is required. Otherwise, BLACK & WHITE HOSTING's liability for loss, destruction, or damage to these funds or items is excluded.

d. No safekeeping contract is concluded if a parking space is made available to the guest by BLACK & WHITE HOSTING, whether for a fee or free of charge. This does not result in any monitoring obligation on the part of BLACK & WHITE HOSTING. In the event of loss, theft, or damage to parking spaces on the property and/or provided by or through parked or maneuvered vehicles, BLACK & WHITE HOSTING is liable only in cases of intent or gross negligence. The guest is obligated to report any damage immediately. Obvious damage must be reported before leaving the parking space. BLACK & WHITE HOSTING is not liable for damage that is the sole responsibility of other guests or other third parties.

e. Any claims against BLACK & WHITE HOSTING generally expire within one year from the start of the statutory limitation period. This does not apply to claims for damages or other claims arising from injury to life, limb, or health and/or due to grossly negligent or intentional breach of duty by BLACK & WHITE HOSTING, or in the event of breaches of a cardinal duty.

f. BLACK & WHITE HOSTING assumes no liability for lost property. Liability for intentional or grossly negligent breaches of duty by BLACK & WHITE HOSTING is excluded. Lost property will only be returned upon request for a fee plus an additional processing fee of €15.00. BLACK & WHITE HOSTING undertakes to store lost property for a period of six months. It will then be disposed of.

9. DEPOSIT

a. In order to safeguard all claims of BLACK & WHITE HOSTING against the guest arising from the accommodation contract, BLACK & WHITE HOSTING has the right to request the following security deposits from the guest before providing the accommodation:

b. For stays of less than three months, a deposit of €250.00 is required.

c. For stays of three to six months, the deposit corresponds to one monthly overnight stay.

d. For stays of less than three months, BLACK & WHITE HOSTING may collect the deposit/security deposit by pre-authorizing the payment method to cover the security deposit. If the guest fails to pay the deposit/security deposit, they will not be entitled to stay in the apartment. Should BLACK & WHITE HOSTING nevertheless provide the apartment to the guest, BLACK & WHITE HOSTING reserves the right to terminate the accommodation agreement without notice if the deposit is not paid within a reasonable period of time.

e. BLACK & WHITE HOSTING is obligated to settle the deposit within one month of the termination of the accommodation contract.

10. CUSTOMER DATA

a. BLACK & WHITE HOSTING requires the guest's email address and phone number to ensure effective communication. Additionally, BLACK & WHITE HOSTING reserves the right to digitally capture a valid identification document upon check-in. Domestic guests must present an ID card or passport, while international guests must always present their passport.

b. If a guest's identity cannot be clearly established due to missing or false documents, BLACK & WHITE HOSTING reserves the right to cancel the booking. If a guest's identity cannot be clearly established due to missing or false documents, BLACK & WHITE HOSTING reserves the right to cancel the guest's booking.

c. To prevent fraud and damages caused by bookings, BLACK & WHITE HOSTING uses software solutions that calculate a "Fraud Prevention Score" for each guest based on the data provided by the guest (email address, telephone number, credit card information, address) to identify fraudulent bookings. BLACK & WHITE HOSTING reserves the right to cancel bookings flagged accordingly by the system.

11. TERMINATION OF THE ACCOMMODATION CONTRACT

a. BLACK & WHITE HOSTING reserves the right and is entitled to terminate an accommodation contract for good cause. This shall particularly apply if: (a) Force majeure or other circumstances beyond BLACK & WHITE HOSTING's control make fulfillment of the contract impossible

(b) If BLACK & WHITE HOSTING has reasonable grounds to believe that the use of the accommodation services may jeopardise the smooth operation, security or public image of BLACK & WHITE HOSTING and its locations, without this being attributable to BLACK & WHITE HOSTING

(c) If bookings are made culpably due to misleading or false information or the omission of material facts; "material" may include, but is not limited to, the identity of the guest, the ability to pay or the purpose of the stay

(d) If the purpose or reason for the stay is unlawful or if the accommodation is intended to be used for residential prostitution.

(e) In the event of resale, subletting and/or sub-contracting (see Section 7), BLACK & WHITE HOSTING must notify the guest immediately of the exercise of the right of termination. (f) In the event of a justified termination by BLACK & WHITE HOSTING, the guest is not entitled to compensation. (g) If BLACK & WHITE HOSTING terminates due to a circumstance attributable to the guest or in accordance with the conditions in Section 1, BLACK & WHITE HOSTING has the right to cancel or refuse any future bookings made by the guest, even if these have already been confirmed by BLACK & WHITE HOSTING.

12. VOUCHERS

a. A voucher purchased from BLACK & WHITE HOSTING can only be used for BLACK & WHITE HOSTING services. Any remaining balance after payments with the voucher will be retained and can be used for future bookings. Vouchers are non-refundable, non-transferable, and cannot be redeemed for cash, in whole or in part. The purchaser of the voucher is responsible for providing the correct information, especially the email address to which the voucher and invoice should be sent.

13. SMOKING PROHIBITION

a. All BLACK & WHITE HOSTING apartments are designated as non-smoking apartments. Smoking is strictly prohibited in the apartments and common areas of BLACK & WHITE HOSTING, including the use of e-cigarettes, shisha pipes, tobacco heaters, and similar devices. Smoking is permitted only on designated balcony and terrace areas, provided the apartment door remains closed. In the event of violations, BLACK & WHITE HOSTING reserves the right to demand compensation from the guest for the necessary cleaning as well as any loss of revenue due to unreasonable subletting of the apartment. This compensation shall amount to a minimum of EUR 250.00 and may be adjusted by BLACK & WHITE HOSTING based on any higher proven damage. The guest has the opportunity to prove that no or lesser damage was caused.

a) Tampering with or obstructing emergency exits, fire extinguishers, or the fire or building alarm is prohibited. Violations of this rule may result in a fine of €150.

b) This includes tampering with or disabling security and decibel sensors within the apartment.

c) BLACK & WHITE HOSTING reserves the right to immediately terminate an ongoing booking and remove guests from the premises if violations of points 1 and 2 become known. In such cases, no refund or partial refund is possible. However, the guest has the opportunity to prove that BLACK & WHITE HOSTING suffered no or lesser damages.

d) BLACK & WHITE HOSTING buildings may contain networked smoke detectors that are directly connected to the fire department or security services. The guest is fully liable for any intentional or negligent activation of the fire alarm system, for example, due to a violation of the smoking ban. This liability includes, at a minimum, the actual costs incurred, such as the costs of responding to the fire department or security services.

14. PROHIBITION OF PARTIES AND GATHERINGS

a. Guests are expected to keep any noise in the booked apartment, communal areas, and surrounding grounds to a minimum. Quiet hours are from 10 p.m. to 6 a.m., unless otherwise specified in the house rules.

b. Holding parties and gatherings in BLACK & WHITE HOSTING apartments and common areas is strictly prohibited. In the event of a violation, BLACK & WHITE HOSTING reserves the right to demand compensation from the guest in the amount of EUR 500.00 for cleaning costs and any loss of revenue due to unreasonable subletting of the apartment. This does not exclude the right to further compensation. The guest is free to prove that BLACK & WHITE HOSTING suffered no or lesser damages.

c. BLACK & WHITE HOSTING apartments may have decibel sensors installed that do not record conversations or voices, but only detect excessive noise. Similarly, BLACK & WHITE HOSTING common areas, such as hallways or other common areas, may have decibel sensors installed, as well as continuous video surveillance that records 24/7 and stores the data in a cloud.

d. BLACK & WHITE HOSTING reserves the right to immediately terminate an ongoing booking and evict guests if violations under points 1 and 2 are discovered. In such cases, no refund or partial refund is possible. However, the guest has the opportunity to prove that BLACK & WHITE HOSTING suffered no or lesser damages.

e. To enforce its house rules, BLACK & WHITE HOSTING reserves the right to engage the services of a third party, such as a security guard. Any costs incurred as a result of such third-party intervention will be billed to the guest.

15. DAMAGE OR UNAUTHORIZED REMOVAL OF INVENTORY

a. In the event that damage occurs during the stay that exceeds the contractual use, or if inventory is removed from the unit without authorization, BLACK & WHITE HOSTING is entitled to compensation. This includes, in particular, the costs of repairing the damage, including any loss of revenue due to the apartment not being rented out, as well as the costs of legal action, plus a processing fee of €50 for such a claim. The guest is free to prove that BLACK & WHITE HOSTING has suffered no or lesser damage.

16. PETS

a. Bringing pets or animals into apartments and common areas is not permitted, with the exception of guide dogs, deaf dogs, and similar service dogs, which may be brought along free of charge and at any time upon presentation of appropriate documentation. This documentation must be presented to BLACK & WHITE HOSTING prior to check-in.

b. BLACK & WHITE HOSTING reserves the right to make further exceptions to this policy, to which the guest is not entitled. If a pet is found in a unit without authorization, the guest will be charged a flat-rate special cleaning fee of EUR 250.00 by BLACK & WHITE HOSTING.

c. In the event of violations of point 1, BLACK & WHITE HOSTING reserves the right to immediately terminate an active booking and expel the guests from the property. In such cases, no refund or partial refund is possible. However, the guest has the option of proving that BLACK & WHITE HOSTING has suffered no or lesser damages.

17. MAINTENANCE

a. By booking an apartment from BLACK & WHITE HOSTING, the guest agrees to treat the assigned apartment as well as the communal rooms, facilities, and equipment with care, to adequately ventilate and heat them, and to avoid gross soiling. Should soiling be discovered during the guest's stay or after their departure that exceeds normal use, BLACK & WHITE HOSTING reserves the right to charge the guest an additional cleaning fee of at least EUR 50.00 (depending on the condition of the apartment). However, the guest has the opportunity to prove that BLACK & WHITE HOSTING has caused no or lesser damage.

b. Furthermore, the guest is obligated to inspect the apartment's furnishings for completeness and usability and to immediately report any defects or complaints to BLACK & WHITE HOSTING. The guest is liable for all damage to the apartment provided to them, its furnishings, and the common rooms, facilities, and equipment caused by use contrary to the contract and not due to normal wear and tear. Any damage to the apartment must be reported to BLACK & WHITE HOSTING immediately.

c. For bookings of more than 7 nights, BLACK & WHITE HOSTING reserves the right to conduct weekly intermediate cleanings. The guest is obligated to grant the service provider contracted by BLACK & WHITE HOSTING or BLACK & WHITE HOSTING employees access to the apartment for this purpose.

18. INTERNET USE

a. BLACK & WHITE HOSTING provides the guest with internet access within the scope of its existing technical and operational capabilities. However, disruptions due to force majeure, maintenance work, or similar circumstances cannot be ruled out.

b. The guest may not misuse the internet connection. Misuse includes, in particular, the downloading and distribution of copyrighted content via peer-to-peer sharing platforms, the use of illegal streaming services, and the uploading, downloading, or forwarding of criminally relevant content (in particular, as defined in Sections 130, 130a, 131, and 184 of the German Criminal Code). The guest is obligated to respect the rights of third parties, such as copyright, patent, name, trademark, and personality rights, when using the internet connection. Upon first request, the guest indemnifies BLACK & WHITE HOSTING against all claims and demands for damages by third parties, as well as reasonable legal defense costs, resulting from the unlawful use of the internet connection by the guest or by third parties with the guest's knowledge. This indemnification claim includes, in particular, claims for copyright infringements, patent infringements, infringements of name, trademark and personal rights as well as violations of data protection law.

c. The guest is prohibited from disclosing or publishing the access data for the BLACK & WHITE HOSTING internet connection to third parties. In the event of a violation, the guest is liable to BLACK & WHITE HOSTING for all damages resulting from the disclosure of the access data. d. Furthermore, BLACK & WHITE HOSTING reserves the right to block the guest's internet connection in the event of violations of these terms and conditions.

19. DATA PROTECTION

a. The privacy policy can be viewed at:

20. FINAL PROVISIONS

a. Changes, additions, or the cancellation of the accommodation contract, the acceptance of the application, or these General Terms and Conditions must be made in writing. This also applies to the cancellation of this written form clause. Unilateral changes or additions by the guest are invalid.

b. The place of performance and payment shall be the registered office of the accommodation establishment.

c. In commercial transactions, the exclusive place of jurisdiction is the registered office of the accommodation provider. If a contractual partner meets the requirements of Section 38 (2) of the Code of Civil Procedure and does not have a general place of jurisdiction within Germany, the registered office of the accommodation provider shall be deemed the place of jurisdiction.

d. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions is excluded.

e. Should any provision of this agreement become invalid, void, or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid/unenforceable provision, the parties shall agree on a provision that most closely approximates the purpose intended by the invalid/unenforceable provision. This also applies to filling any gaps in the contract.

f. The accommodation provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.