General Terms and Conditions

Terms and Conditions GENERAL TERMS AND CONDITIONS I. SCOPE These terms and conditions apply to contracts for the letting of apartments, accommodation and all other services and supplies provided to the tenant by B! Apartments (owner: Thomas Breidenbach). The letting is effected by means of a tenancy agreement for temporary use (hereinafter referred to as the ‘tenancy agreement’). Subletting or subleasing the let apartments is prohibited. The tenant’s terms and conditions shall only apply if this has been agreed in advance. I. CONCLUSION OF THE CONTRACT The contract is concluded upon the operator’s acceptance of the tenant’s application. If the tenant’s application is submitted via the operator’s electronic booking system (B! Apartments website: b-apartments.de), the tenant will automatically receive a booking confirmation by email. The contracting parties are the operator and the tenant. If a third party has made the booking on behalf of the tenant, that third party shall be jointly and severally liable with the tenant to the operator for all obligations arising from the contract. The operator is liable for its obligations under the contract. In areas not typical of the service provided, liability is limited to cases of wilful misconduct and gross negligence on the part of the operator. The limitation period for all claims by the tenant is 6 months. II. CONTRACTING PARTIES; SECURITY DEPOSIT The tenant is deemed to be the tenant and the contracting party of B! Apartments, even if they have made a booking or co-booked on behalf of other persons. The contracting parties are B! Apartments and the tenant. If a third party has made a booking on behalf of the tenant, that third party shall be jointly and severally liable with the tenant to B! Apartments for all obligations arising from the booking contract. If the contracting parties have agreed on a security deposit, the tenant shall pay B! Apartments a security deposit for the furnishings and fittings provided. The security deposit must be paid no later than 30 days before arrival and does not bear interest. It shall be refunded to the tenant by no later than 14 days after the end of the tenancy, once it has been established that B! Apartments has no claims against the tenant (e.g. for damage to and/or loss of items forming part of the tenanced property or in the event of a subsequent settlement for excessive consumption). III. SERVICES; PRICES; PAYMENTS; SET-OFF B! Apartments is obliged to make the apartments booked by the tenant available and to provide the agreed services. The tenant is obliged to pay the operator the applicable or agreed prices for the provision of the apartments and any additional services used by the tenant. This also applies to services arranged by the tenant and expenses incurred by the operator in relation to third parties. The prices on our website include statutory VAT and the accommodation tax (city tax) amounting to 7.5 per cent of the accommodation price, which is payable by all private and business travellers. The agreed prices include the applicable statutory value-added tax. If the period between the conclusion of the contract and its fulfilment exceeds 4 months and the price generally charged by the operator for such services increases, the operator may increase the contractually agreed price by a reasonable amount, up to a maximum of 10 per cent. As the use is only temporary, the agreed rental price includes all ancillary costs calculated on a flat-rate basis in accordance with Section 2 of the Operating Costs Ordinance (including, for example, consumption-based costs such as electricity, heating and water). In particular, given the temporary nature of the use, the tenant agrees to a flat-rate payment for heating and hot water costs. Only in the event of excessively high consumption may a subsequent adjustment be made on the basis of consumption records. If the contracting parties have expressly agreed on consumption-based billing or additional services, the use of which is at the tenant’s discretion, these ancillary costs shall be invoiced separately. The agreed prices include the applicable statutory value-added tax. If the period between the conclusion of the contract and its fulfilment exceeds 4 months and the price generally charged by B! Apartments for such services increases, B! Apartments may increase the contractually agreed price by a reasonable amount, but by no more than 10 per cent. The tenant may only set off a claim against a claim by B! Apartments if that claim is undisputed or has been established by a final and binding court judgement. Reductions by deducting from the rent due are only permitted if the tenant has notified the landlord of the defect, setting a reasonable deadline for rectification, and that deadline has expired without result; a claim for reimbursement under Section 812 of the German Civil Code (BGB) remains unaffected. The operator is entitled, upon conclusion of the contract or thereafter, to demand a reasonable advance payment or security deposit. The operator is also entitled, at its own discretion, upon conclusion of the contract or thereafter, to carry out a pre-authorisation based on the credit card details and to block the invoice amount or part thereof on the credit card until settlement. The amount of the advance payment, the blocked amount and the payment dates may be agreed in writing in the contract. IV. WITHDRAWAL BY THE CUSTOMER/TENANT Cancellation, withdrawal, non-utilisation of the agreed services Withdrawal by the customer/tenant from the contract concluded with B! Apartments requires the written consent of B! Apartments. If such consent is not given, the agreed price under the contract must still be paid even if the tenant does not make use of the contractual services; further details are set out in the cancellation terms below. This does not apply in the event of a breach by B! Apartments of its obligation to respect the tenant’s rights, legal interests and interests, if the tenant can no longer reasonably be expected to remain bound by the contract as a result, or if the tenant is entitled to any other statutory or contractual right of withdrawal. Provided that a deadline for withdrawing from the contract free of charge has been agreed in writing between B! Apartments and the tenant, the tenant may withdraw from the contract up to the agreed date without giving rise to any claims for payment or compensation on the part of B! Apartments. The tenant’s right of withdrawal lapses if it is not exercised in writing vis-à-vis B! Apartments by the agreed date, unless the tenant is withdrawing from the contract due to a breach of duty by B! Apartments. Cancellation policy: For stays of 7 to 29 nights: Cancellation is free of charge up to 14 days before arrival. In the event of late cancellation, early departure or no-show, 100 per cent of the agreed rate/rent will be charged. For 30 nights’ accommodation or more: Cancellation is free of charge up to 30 days before arrival. Thereafter, payment for 30 nights will be charged at the agreed rate/rent. The same applies in the event of a no-show or early departure. V. WITHDRAWAL BY B! APARTMENTS Provided that a right of free cancellation for the tenant within a specified period has been agreed in writing, B! Apartments is, for its part, entitled to withdraw from the contract during this period if enquiries are received from other tenants regarding the rooms booked under the contract, unless the tenant, upon being asked by B! Apartments, waives their right to cancellation. If an agreed deposit or advance payment is not made even after the expiry of a reasonable grace period set by B! Apartments, B! Apartments is also entitled to withdraw from the contract. Furthermore, B! Apartments is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if: force majeure or other circumstances beyond the control of B! Apartments render the fulfilment of the contract impossible; the apartments are booked on the basis of misleading or false information regarding essential facts, e.g. concerning the identity of the tenant or the purpose of the booking; B! Apartments has reasonable grounds to believe that the use of B! Apartments’ services may jeopardise the smooth running of its business, its security or its public reputation, without this being attributable to B! Apartments’ sphere of control or organisation; there is a breach of Clause I(2). In the event of a justified withdrawal by B! Apartments, the tenant shall have no claim for damages. VI. PROVISION, HANDOVER AND RETURN OF THE APARTMENT; TERMINATION The tenant is entitled to be provided with their chosen apartment category or the next best available category if the chosen one cannot be provided. Booked apartments are available to the tenant from 3.00 pm on the agreed day of arrival. The tenant is not entitled to earlier access. On the agreed day of departure, the apartments must be vacated and made available to B! Apartments by 11.00 am at the latest. Upon termination of the tenancy, the tenanted property must be returned to B! Apartments or its authorised representatives in its original condition. Any costs incurred as a result of removing the tenant’s personal belongings left behind must be reimbursed by the tenant. For each key or key card not returned upon departure, compensation must be paid to B! Apartments in accordance with the invoice. The tenant is also liable for the costs of changing or replacing all locks should the relevant keys not be returned upon moving out and the locking system need to be replaced to maintain security. If the flat is not properly handed back to , the tenant shall be liable for any resulting damage and shall bear a proportionate share of the rental costs for the period until the damage has been rectified. B! Apartments may, due to the late vacating of the flat, charge the tenant 30 per cent of the full accommodation price (list price) for use beyond the contractual period until 3.00 pm, 50 per cent until 6.00 pm, and 100 per cent from 6.00 pm onwards (and for each subsequent day). This does not give rise to any contractual claims on the part of the tenant. The tenant is free to prove that B! Apartments has incurred no damage or only minor damage. B! Apartments may terminate the contractual relationship before or after the start of the tenancy period without notice if, despite a prior reminder, the tenant fails to make the agreed payments (deposit, balance and security deposit) by the due date or otherwise acts in breach of contract to such an extent that B! Apartments cannot reasonably be expected to continue the contractual relationship. In this case, B! Apartments may claim compensation from the tenant for expenses incurred up to the date of termination and for loss of profit. VII. LIABILITY OF B! APARTMENTS B! Apartments shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims by the tenant for damages are excluded, unless they have been caused by wilful misconduct or gross negligence. This does not apply to damage resulting from injury to life, limb or health where B! Apartments is responsible for the breach of duty, and damage resulting from an intentional or negligent breach by B! Apartments of obligations essential to the contract. Liability on the part of B! Apartments for initial defects in the property is – insofar as Section 536a(1) of the German Civil Code (BGB) applies – excluded in all cases. A breach of duty by B! Apartments shall be treated in the same way as a breach by a legal representative or vicarious agent, including with regard to the limitation of liability. Should any disruptions or defects occur in the services provided by B! Apartments, B! Apartments shall endeavour to remedy the situation without delay upon becoming aware of the issue or upon notification by the tenant. The tenant is obliged to make every reasonable effort to remedy the disruption and minimise any potential damage (duty to mitigate loss). B! Apartments shall be liable to the tenant for items brought into the premises in accordance with statutory provisions, up to ten times the rent for the flat, but not exceeding €800.00, and for cash and valuables up to €500.00; liability for cash and valuables shall apply only to those that were properly locked in the safe. The aforementioned limitation on the amount of liability does not apply in the event of wilful misconduct on the part of B! Apartments or any of its employees. Claims for liability shall lapse unless the tenant notifies B! Apartments immediately upon becoming aware of any loss, destruction or damage (Section 703 of the German Civil Code (BGB)). The tenant is obliged to exercise due care to ensure that the windows are securely locked and the front door is closed when leaving the flat. Quiet hours must be observed out of consideration for other tenants. Messages, post and parcels addressed to tenants shall be handled with care. B! Apartments shall undertake the delivery, safekeeping and, for a fee, the forwarding of such items. VIII. OBLIGATIONS OF THE CUSTOMER/TENANT; LIABILITY The tenant undertakes to treat the flat and its contents with due care and to use electrical appliances correctly. The tenant shall be liable for compensation for any damage caused through negligence to furnishings, appliances, the rented premises or the building, as well as to any facilities belonging to the rented premises or the building, if and to the extent that such damage was caused through the fault of the tenant, their companions or visitors. The tenant must report any damage occurring in the rented premises to B! Apartments without delay, unless the tenant is obliged to rectify it themselves. The tenant is liable for any consequential damage caused by a failure to report such damage in good time. The tenant must ensure that the flat is adequately ventilated. Waste, ash, harmful liquids and similar substances must not be thrown or poured into sinks, washbasins, waste-water drains or toilets. If blockages occur in the waste-water pipes due to failure to comply with these provisions, the person responsible shall bear the costs of repair. In the event of any faults occurring in the systems and fixtures of the let property, the tenant is obliged to do everything reasonable to help rectify the fault or to minimise any damage that may arise. The tenant is obliged to inform B! Apartments immediately of any defects in the let property. Should the tenant fail to report such defects, they shall have no claims arising from non-performance of the contractual obligations (in particular, no claims for a reduction in rent). The tenant shall be liable for all damage to the flat’s furnishings, fixtures and the items listed in the inventory caused culpably by the tenant, members of their household, guests or tradespeople commissioned by them, or arising from a culpable breach of the duty of care incumbent upon them. IX. KEEPING PETS; HOUSE RULES No pets are permitted in the flat. Smoking is strictly prohibited in our flats; these are non-smoking flats. Any damage or holes in or to furniture, flooring, bed linen, tablecloths, etc. will result in us charging for the replacement value. Smoking is permitted on the balcony or loggia. Please use the ashtrays provided for this purpose. Tenants are asked to show mutual consideration. In particular, disruptive noises – notably slamming doors – and any activities that disturb fellow residents through the resulting noise and disrupt the peace and quiet of the building must be avoided. Playing music is prohibited between 10.00 pm and 8.00 am and between 1.00 pm and 3.00 pm. Radio, television and music players must be set to a volume suitable for indoor use only. X. FINAL PROVISIONS Any amendments or additions to the tenancy agreement, the acceptance of the application or these terms and conditions for B! Apartments must be made in writing to be valid; this also applies to any amendment to the written form requirement itself. Unilateral amendments or additions by the tenant are invalid. The place of performance and payment is Berlin. The place of jurisdiction is Berlin. German law shall apply, excluding any reference therein to foreign law. Should any individual provisions of these General Terms and Conditions for B! Apartments be or become invalid or void, this shall not affect the validity of the remaining provisions. Instead, the invalid provision shall be replaced by one that most closely approximates its economic purpose. Berlin, August 2026