General conditions

1. Validity of the GTC

KX Apartments Berlin GmbH (KX) lets accommodation to guests in the greater Berlin area for a fee both in its own name and as an administrator on its websites www.kx-apartments.de and www.kx-apartments.com, among others. The following General Terms and Conditions apply to all lettings, regardless of the communication channels used, and also apply to the administrative activities of KX for other landlords of the accommodation. By submitting the final booking confirmation, the guest recognises these terms and conditions. If the GTC refer to "landlord", this also includes KX, unless it is merely the manager.

2. booking enquiry

KX offers accommodation on the Internet pages referred to in section 1. The guest has the opportunity to select accommodation for the desired period at the total price indicated. The offer is purely non-binding. This also applies to offers from advertising material (e.g. flyers, brochures) of KX. The specified equipment features are approximate values that may vary in individual cases. Once the guest has selected an accommodation, they can send a non-binding enquiry to KX, which must contain their personal details (in particular name and valid address) and at least an e-mail address for contacting them.

3. conclusion of contract/contractual partner

(1) After receipt of the enquiry, KX shall check within the necessary time whether the selected accommodation is available on the desired date. If this is the case, the guest will receive a binding offer by email, SMS, WhatsApp app or other applications. This contains the personal data, the desired booking data, the name of the landlord and a reference to the validity of these GTC, so that the guest has the opportunity to take note. If the guest wishes to accept the offer, they must confirm this in writing (e.g. by email, app). An accommodation contract is only concluded with the specified landlord in the event of confirmation. If the accommodation is not available for the period, the guest will also be informed of this.

(2) With the booking, the guest's contractual partner is solely the landlord of the selected accommodation named in the offer. If KX acts only as a manager, it is not a tour operator pursuant to Sections 651 a et seq. of the German Civil Code (BGB) and does not itself owe any accommodation or overnight accommodation services.

4. price information

The price quoted by KX generally represents the total gross price to be paid by the guest, which includes all necessary ancillary costs (e.g. electricity, heating, water, final cleaning). Any special costs (e.g. telephone charges) are not included. In the event that a third party acts as an agent, any commission incurred must be paid to the third party itself, provided this has been agreed between the third party and the guest. If the flat is disproportionately dirty after the guest's departure, KX is entitled to charge the guest separately for the additional costs. With regard to the prices printed on advertising material, the last published price shall always apply. Any price errors or printing errors are reserved. The price quoted by KX in its binding offer shall always be deemed to have been agreed.

5. basic obligations of the contracting parties/payment

Upon conclusion of the accommodation contract, the landlord is obliged to provide the accommodation selected by the guest for the agreed period. The guest is in turn obliged to pay the agreed total price as well as any special costs. This is to be paid directly to the respective landlord or the KX when the keys are handed over, unless otherwise agreed in writing. Any special costs (e.g. telephone costs, increased cleaning costs) will be invoiced separately after the end of the rental period. If the guest has provided their credit card details when arranging the accommodation through a third party, KX shall be entitled to charge any special costs incurred (telephone costs, increased cleaning costs, replacement or repair costs for damage to the accommodation by the guest in accordance with Section 12 of these GTC) to the credit card. When the keys are handed over, the guest must present an official identification document for the purpose of address verification.

6. Arrival and departure

The arrival of the guest is generally possible from 10.00 a.m., but the flat can only be occupied from 2.00 p.m. onwards. If the arrival will take place after 10.00 p.m., the guest must inform the respective landlord or the KX immediately after becoming aware of the delay. Departure must take place on the last day of the stay by 10.00 a.m. at the latest. Any deviating arrangements with the KX or the landlord must be made in writing to be valid. The accommodation must be left in an orderly condition.

7. Withdrawal and cancellation

(1) The cancellation rules stated prior to the booking shall apply.

(3) KX reserves the right to cancel the booking without notice in the event of non-fulfilment of the payment obligation by the guest.

(4) The guest's right to extraordinary cancellation in accordance with § 314 BGB remains unaffected.

8. Liability for defects and supply disruptions

(1) KX shall not be liable for the accuracy of the information provided on the above-mentioned websites or advertising material, unless the inaccuracy is due to gross negligence or intent on the part of KX. In the case of purely administrative activities, KX accepts no liability for the up-to-dateness of the information on the individual accommodations and the accuracy of its content. KX receives this information from the landlords and merely checks it for completeness. Furthermore, KX shall not be liable for force majeure or transmission faults or errors in the telecommunication channels.

(2) In the event of justified defects, these must be reported to the lessor or KX immediately after they become known. Claims against the landlord due to the short-term failure of furnishings or public utilities (e.g. electricity, water) are excluded.

(3) If the rectification of the defect does not succeed or is impossible or unreasonable for the guest due to the defect, Section 10 of these GTC shall apply. If KX or the landlord does not comply with the request within 36 hours, the guest shall be entitled to a reasonable reduction in the agreed rent. An unauthorised price reduction prior to notification of the defect is not permitted. If the guest fails to request a remedy in good time, any claims against the landlord for a price reduction due to this defect are excluded.

9. right to remedy

Both KX and the landlord are entitled to assign the guest another flat of at least equal value in terms of location and furnishings in the event of justified defects or unavailability (e.g. in the event of simultaneous double bookings), unless the guest can prove that he has a special objective interest in the booked flat. The respective landlord or the KX must inform the guest of the reallocation immediately after becoming aware of defects or unavailability.

10. expiry period of claims

All claims arising from the accommodation contract must be asserted solely against the landlord and within six months of proper provision of the services.

11. data protection

KX is authorised to collect, process, store and use the guest's personal data insofar as this is necessary to process the transaction. The booking data shall be processed and used in accordance with the statutory data protection regulations. Storage and transmission shall only take place if this is expressly requested by the guest or is necessary in individual cases. By confirming the booking, the guest agrees to receive information from KX by post and e-mail.

12. Liability of the guest for damage/loss of keys/security

(1) The guest is fully liable for all damage caused by him, his companions or third parties authorised by him to the accommodation or its furnishings. If the accommodation has a security lock and the key is lost by the guest, one of his/her companions or a third party, the guest must reimburse the landlord in full for the costs of replacing the lock.

(2) The guest must ensure that windows and doors are closed during their absence. Valuables must be kept safe from access by third parties. In the event of burglary or theft, no compensation will be paid by the landlord. If the landlord suffers damage for which the guest is responsible, the guest shall be fully liable to the landlord.

13. animals/third parties/lunch and night rest

Unfortunately, pets cannot be brought into the accommodation. The flat can only be used by the guest and the specified accompanying persons. Use by third parties or over-occupancy is not permitted. The midday and night-time rest periods must be observed.

14. Cancellation by the landlord

If the guest violates these GTC despite a reminder, the landlord has the right to extraordinary cancellation. In this case, the guest must vacate the accommodation immediately and leave it in proper condition. The rental price will not be refunded.

If the guest does not vacate the accommodation, the landlord will report the guest for trespassing. The right under § 314 BGB remains unaffected.

15. Entry to the accommodation by the landlord/the KX

The landlord and the KX are authorised to enter the accommodation without prior notice in the event of imminent danger. In other cases (e.g. to change bed linen), access shall be granted after prior notice.

16. severability clause/applicable law/requirement for written form

(1) Should one of these provisions be wholly or partially invalid, this shall not affect the validity of the remaining provisions. In the event of (partial) invalidity, the parties undertake to replace the relevant clause with a clause that comes as close as possible to the economic purpose of the invalid clause.

(2) The law of the Federal Republic of Germany shall apply exclusively. Any collateral agreements or amendments to these GTC must be made in writing to be effective. This also applies to the written form requirement itself.