GTCs

1. These terms and conditions apply to all contracts for the rental of furnished apartments for accommodation and to all other related services and deliveries provided to the customer by Pumpengasse Wolfsburg GmbH.
2. Services are provided exclusively on the basis of these General Terms and Conditions; we do not recognize any general terms and conditions of the customer that conflict with or deviate from ours, unless we have expressly agreed to their validity. 

§ 2 Conclusion of contract, contractual partners, subletting and re-letting

1. The contract is concluded upon acceptance of the customer's application by Pumpengasse Wolfsburg GmbH. Pumpengasse Wolfsburg GmbH is free to confirm the customer's booking in writing. 
2. If the content of the reservation confirmation deviates from the content of the customer's application, the deviating content of the reservation confirmation shall become binding for the customer and Pumpengasse Wolfsburg GmbH if the customer does not object in writing within one week of receipt.
3. The contractual partners are Pumpengasse Wolfsburg GmbH and the customer. If a third party, in particular a client or employer, has placed an order on behalf of the customer, it shall be liable to the customer as joint and several debtor for all obligations arising from the rental agreement, provided that Pumpengasse Wolfsburg GmbH has received a separate express declaration from the third party. 
4. The subletting or re-letting of the rented apartment, as well as invitations to job interviews, sales or similar events, require the written consent of Pumpengasse Wolfsburg GmbH. § Section 540 (1) sentence 2 BGB is expressly waived if the customer is an entrepreneur. 

§ 3 Services, prices, payment modalities

1. Die Pumpengasse Wolfsburg GmbH is obliged to keep the apartment booked by the customer or an equivalent apartment available and to provide the agreed services. 
2. The customer is obliged to pay the agreed or usual prices of Pumpengasse Wolfsburg GmbH for the apartment and the other services used by him. 
3. The agreed prices include the respective statutory value added tax. 
4. The agreed remuneration must be paid on arrival or departure. Otherwise, invoices issued by Pumpengasse Wolfsburg GmbH without a due date are payable in full within 10 days of receipt of the invoice. Pumpengasse Wolfsburg GmbH is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, Pumpengasse Wolfsburg GmbH is entitled to charge interest on arrears at a rate of 8% or, in the case of transactions involving a consumer, at a rate of 5% above the prime rate. Pumpengasse Wolfsburg GmbH expressly reserves the right to provide evidence of higher damages. 
5. A charge of EUR 5.00 shall be levied for each overdue notice sent after default has occurred.
6. Pumpengasse Wolfsburg GmbH is entitled to demand an appropriate advance payment and/or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and payment dates may be agreed in writing in the contract. Security may also be provided in the form of credit card details. In this case, Pumpengasse Wolfsburg GmbH is entitled to collect the agreed remuneration by credit card if payment deadlines are not met. 
7. The customer may only offset claims against Pumpengasse Wolfsburg GmbH that are undisputed, legally established or ready for judgment. If the customer is an entrepreneur, he may also only reduce the rent if the right to reduce the rent is undisputed or has been legally established. 
8. If the customer has provided security by providing credit card details, Pumpengasse Wolfsburg GmbH is also entitled to collect the ancillary services used by the customer, e.g. breakfast, laundry service, via the customer's credit card after issuing a corresponding invoice. 

§ 4 Smoking prohibition, and animal keeping 

1. All apartments at Pumpengasse Wolfsburg GmbH are non-smoking apartments. Smoking is therefore prohibited in all apartments. In the event of a violation, Pumpengasse Wolfsburg GmbH is entitled to terminate the contract without notice. In addition, Pumpengasse Wolfsburg GmbH may, if necessary, charge the costs of special final cleaning in the event of a nicotine smell in the apartment in the amount of at least EUR 80 net.
2. Pets may only be kept in the booked apartments with the written consent of Pumpengasse Wolfsburg GmbH. 

§ 5 Provision, handover and return

1. Unless otherwise agreed, the customer is not entitled to the provision of a specific apartment. 
2. Booked apartments are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability. 
3. On the agreed day of departure, the apartment must be vacated and made available to Pumpengasse Wolfsburg GmbH by 11:00 a.m. at the latest. After this time, Pumpengasse Wolfsburg GmbH may charge 50% of the daily rate for the apartment due to the late return, provided that the apartment is vacated by 18:00. If the apartment is vacated after 6 p.m., the entire daily price for the following day may be charged. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that Pumpengasse Wolfsburg GmbH has incurred no or significantly lower damages. 
4. The apartment must be returned in the condition in which the customer found it. The customer must remove all their personal belongings from the apartment and dispose of any food they have brought with them.
5. For insurance reasons, Pumpengasse Wolfsburg GmbH asks the customer to lock the door when leaving the apartment. 

§ 6 Withdrawal and Cancellation 

1. The following cancellation conditions apply to the customer: 

   Deadlines ( to the respective day of arrival)		Cancellation fee (% of the original total offer)
   until 23:59 2. day before arrival	–	free of charge
   therafter	–	80%

2. If a date for free withdrawal from the contract has been agreed in writing between Pumpengasse Wolfsburg GmbH and the customer, the customer may withdraw from the contract up to that date without incurring payment or compensation claims against Pumpengasse Wolfsburg GmbH. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing to Pumpengasse Wolfsburg GmbH by the agreed date.
3. If a date for free withdrawal from the contract has been agreed in writing between Pumpengasse Wolfsburg GmbH and the customer, the customer may withdraw from the contract up to that date without incurring payment or compensation claims against Pumpengasse Wolfsburg GmbH. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing to Pumpengasse Wolfsburg GmbH by the agreed date. 
4. If the customer's right to withdraw from the contract free of charge within a certain period has been agreed in writing, Pumpengasse Wolfsburg GmbH is also entitled to withdraw from the contract during this period if there are inquiries from other customers for contractually booked apartments and the customer does not waive their right to withdraw upon enquiry by Pumpengasse Wolfsburg GmbH. 
5. If an agreed advance payment or security deposit is not made even after a reasonable grace period set by Pumpengasse Wolfsburg GmbH has expired, Pumpengasse Wolfsburg GmbH is entitled to withdraw from the contract. In this case, the customer must pay Pumpengasse Wolfsburg GmbH cancellation fees and processing fees in accordance with § 6 clause 2. 
6. Pumpengasse Wolfsburg GmbH is also entitled to withdraw from the contract for objectively justified reasons, for example if
   • force majeure or other circumstances for which Pumpengasse Wolfsburg GmbH is not responsible make it impossible to fulfill the contract;
   •  apartments are booked under misleading or false statements of material contractual facts, for example those relating to the person of the customer or the purpose of the booking
   • Pumpengasse Wolfsburg GmbH has reasonable grounds to believe that the use of the booked apartments may endanger the peace and quiet, safety or public reputation of Pumpengasse Wolfsburg GmbH, without this being attributable to the sphere of control or organization of Pumpengasse Wolfsburg GmbH. 

§ 7 Loss of or damage to items brought along

1. Any items brought into the rented apartment are at the customer's risk. Pumpengasse Wolfsburg GmbH accepts no liability for loss, destruction or damage, including financial loss, except in cases of gross negligence or intent on the part of Pumpengasse Wolfsburg GmbH. This does not apply to damages resulting from injury to life, limb or health. In addition, all cases in which safekeeping constitutes an essential contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability. 

§ 8 Technical installation and connections

1. The use of the customer's own electrical equipment using the apartment's electricity network requires the written consent of Pumpengasse Wolfsburg GmbH, unless the equipment is for normal everyday use. Any faults or damage to the technical installations in the apartment caused by the customer's use of these devices shall be borne by the customer, unless Pumpengasse Wolfsburg GmbH is responsible for them. 
2. The customer is entitled to use the telephone, fax and data transmission facilities available in the apartments. In addition to the agreed rent, the customer must pay the charges incurred in connection with such use, insofar as such use results in charges in excess of the flat rate agreed by Pumpengasse Wolfsburg GmbH. The use of the customer's own cell phone is of course free of charge and permitted. 
3. The customer is prohibited from engaging in illegal file sharing via the Internet connection provided by Pumpengasse Wolfsburg GmbH. This includes any uploading or downloading of copyrighted music, film or software files. The customer shall be liable for all damages incurred by Pumpengasse Wolfsburg GmbH and/or the rights holder as a result of the customer's infringement of rights. 
4. Faults in technical or other equipment provided by Pumpengasse Wolfsburg GmbH will be rectified immediately if possible. Payments may not be withheld or reduced insofar as Pumpengasse Wolfsburg GmbH is not responsible for these faults. 
5. The apartments of Pumpengasse Wolfsburg GmbH are equipped with at least one television and one PlayStation4. The use of these is only permitted if the customer registers them with the GEZ beforehand. 

§ 9 Access to Pumpengasse Wolfsburg GmbH

1. Pumpengasse Wolfsburg GmbH is entitled to enter the rented apartment after consultation with the customer to carry out repairs, to read electricity and water meters and to inspect the apartment as part of the follow-up rental. In the event of imminent danger, Pumpengasse Wolfsburg GmbH is also entitled to enter the apartment without consulting the tenant. 

§ 10 Liability of the customer for damages

1. If the customer is an entrepreneur, he is liable for all damage to the building or inventory caused by visitors, employees or other third parties from his area or himself. 
2. Upon handover of the apartment, the customer shall be provided with an inventory list, which he must countersign. The customer shall reimburse the costs of any items no longer present at the time of vacating the apartment at their current value. 
3. Pumpengasse Wolfsburg GmbH may require the customer to provide appropriate security (e.g. insurance, deposits, guarantees). Security may also be provided by providing credit card details. In this case, Pumpengasse Wolfsburg GmbH is entitled to collect the costs of repairing damage to the apartment culpably caused by the customer or any other occupants or visitors via the customer's credit card. Pumpengasse Wolfsburg GmbH will determine the costs of repairing the damage in advance by obtaining a cost estimate from a specialist tradesman. 
4. The customer is obliged to do what can reasonably be expected of him to rectify the fault and minimize any possible damage. 

§ 11 Liability of Pumpengasse Wolfsburg GmbH

1. Pumpengasse Wolfsburg GmbH is liable for its obligations under the contract with the diligence of a prudent businessman. Claims for damages by the customer are excluded. Excluded from this are damages resulting from injury to life, body or health if Pumpengasse Wolfsburg GmbH is responsible for the breach of duty, other damages resulting from an intentional or grossly negligent breach of duty by Pumpengasse Wolfsburg GmbH, and damages resulting from an intentional or negligent breach of essential contractual obligations by Pumpengasse Wolfsburg GmbH. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by Pumpengasse Wolfsburg GmbH. Should disruptions or defects occur in the services of Pumpengasse Wolfsburg GmbH, Pumpengasse Wolfsburg GmbH will endeavor to remedy the situation as soon as it becomes aware of them or upon immediate complaint by the customer. 
2. If the customer is provided with a parking space in a garage or other parking lot, even for a fee, this does not constitute a safekeeping agreement.Pumpengasse Wolfsburg GmbH shall not be liable for loss of or damage to motor vehicles parked or maneuvered in the parking lot or their contents, except in cases of intent or gross negligence.The above No. 1 sentences 2 to 4 apply accordingly.Any damage must be reported immediately. 
3. All claims against Pumpengasse Wolfsburg GmbH are generally subject to a limitation period of one year from the beginning of the regular limitation period of Section 199 (1) BGB.Claims for damages shall become statute-barred five years after they arise, irrespective of knowledge or grossly negligent ignorance.The above reductions in the limitation period shall not apply in the event of injury to life, limb, health or freedom, or in the event of claims based on an intentional or grossly negligent breach of duty by Pumpengasse Wolfsburg GmbH, its legal representatives or vicarious agents. 

§ 12 Final provisions

1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions for the rental of apartments should be made in writing. Unilateral amendments or additions by the customer are invalid. 
2. The place of performance and payment is the registered office of Pumpengasse Wolfsburg GmbH. The exclusive place of jurisdiction - also for disputes relating to checks and bills of exchange - is the registered office of Pumpengasse Wolfsburg GmbH, provided the customer is a merchant. If a contractual partner fulfills the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of Pumpengasse Wolfsburg GmbH. 
3. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
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 this case, the statutory provisions shall apply.