Terms of Service

General Terms and Conditions Gohlke Apartments
Landlord: Gohlke Immobilien eGbR, Max-Eyth-Weg 8, 73635 Rudersberg

§1 SCOPE

The following terms and conditions govern the rental of furnished apartments (accommodation) between the contractual partner Gohlke Immobilien eGbR/Gohlke LOFT Apartments (hereinafter referred to as “Gohlke Apartments”) and the guest (hereinafter referred to as “Guest”), including all other services and deliveries provided by Gohlke Apartments to the Guest.

§2 CONCLUSION OF CONTRACT AND CONTENT

a) The accommodation contract between Gohlke Apartments and the Guest becomes binding upon receipt of the written booking confirmation. Gohlke Apartments may reject a booking request at its discretion. Verbal agreements are void. The Guest is obliged to pay the agreed fees for the stay, any applicable security deposit, and any additional services used. If the booking is made by a third party on behalf of the Guest, both are jointly liable.

b) The apartment is rented exclusively for residential purposes and only to the person(s) specified in the contract. Subletting is not permitted.

c) Unless otherwise agreed, there is no entitlement to a specific apartment or specific amenities beyond the offered services. Outdoor parking is on a “first come, first served” basis. Underground parking can be booked subject to availability.

d) Extensions must be requested and approved in writing. There is no entitlement to an extension. It counts as a new booking once confirmed in writing (see §2a).

e) A mailbox can be provided for a fee of €10.00/month. Lost keys will incur replacement charges.

§3 PRICES / FEES / ADDITIONAL COSTS / DEPOSIT / PAYMENT

a) Payment for the booked stay must be made no later than 7 days before arrival via bank transfer (fees borne by the Guest), credit card (MasterCard/Visa), or PayPal in euros. Last-minute bookings must be paid immediately. Exceptionally, payment on arrival may be accepted if pre-agreed. Long stays must be paid monthly in advance.

b) The Guest agrees that Gohlke Apartments may request a security deposit (e.g., credit card hold) and charge the card in case of delayed payments.

c) Prices include statutory VAT. Gohlke Apartments may adjust prices due to tax or fee changes with 4 weeks' notice. In such cases, the Guest has a special right of termination within 2 weeks.

d) Payment delays incur interest charges: 5% above base rate (9% for businesses). Reminders will be charged €5.00 each.

e) Foreign currency payments must cover any conversion differences and fees.

f) All utility costs are included in the rental price.

g) Invoicing details and complaints must be communicated at the time of booking or immediately upon invoice receipt.

§4 CHECK-IN / CHECK-OUT / ACCESS

a) Apartments are available from 3:00 p.m. on the arrival day. Late arrivals (after 6:00 p.m.) must be communicated in advance. If not, the apartment may be reassigned after 12:00 noon the next day. Guest registration is required by law.

b) Access:

• Key handover is contactless via key safe.
• Room code is sent via email/SMS/WhatsApp in advance.

c) Any complaints or defects must be reported within 24 hours of arrival. Otherwise, the Guest may be held liable for any damage.

d) Check-out must occur by 11:00 a.m. in a clean condition per house rules. Late departures are charged: 50% until 2:00 p.m., 100% thereafter.

e) Gohlke Apartments has a statutory landlord lien (§ 562 BGB) on the Guest’s property to secure claims.

§5 WIFI / TECHNICAL EQUIPMENT AND FACILITIES

a) Free internet is available for the Guest’s use. The Guest is liable for any illegal activity. Gohlke Apartments assumes no liability.

b) Power use for standard devices (laptops, phones, etc.) is included. High-consumption devices must be approved. Resulting costs or damages are borne by the Guest.

c) Smoke detectors are installed in all apartments. The Guest is liable for any costs incurred due to misuse or triggering of the alarm.

d) Common areas may be video monitored for safety. Recordings are stored for a maximum of 30 days unless needed for legal purposes. No data is shared unless required by law.

§6 APARTMENT USAGE

No changes to the apartment are permitted, such as attaching personal items to walls.

§7 CANCELLATION BY THE GUEST

a) The Guest may cancel in writing before the stay. The cancellation date is determined by when Gohlke Apartments receives the notice.

b) Cancellations are free up to 7 days before arrival. After that, 60% of the total is due. No-shows are charged 90%. The Guest may prove lower losses; Gohlke Apartments may prove higher.

c) The Guest can prove that no or less damage occurred.

d) A substitute guest may be proposed but can be rejected for valid reasons. The original and substitute guests are jointly liable.

e) Gohlke Apartments will try to re-rent the apartment and deduct any proceeds from the cancellation fee.

§8 RIGHT OF TERMINATION

a) Regular termination during the contractual period by the Guest is excluded unless legally permitted.

b) Both parties may terminate for cause according to §§ 543, 569 BGB.

c) Gohlke Apartments may terminate if the Guest violates contract terms or house rules. In most cases, a warning or cure period is required unless futile.

d) Gohlke Apartments may terminate if payments are missed despite reminders. Compensation for losses and lost profits applies (§5b).

e) The Guest may terminate if proper use of the apartment is not granted.

f) Statutory provisions for extraordinary termination apply.

§9 CANCELLATION OF THE CONTRACT

The accommodation contract may be terminated by either party if the fulfillment of the contract is significantly hindered, endangered, or impaired due to unforeseeable force majeure or extraordinary circumstances at the time of conclusion. In such a case, both contracting parties are released from their contractual obligations. However, services already rendered must be reimbursed by the respective party to the other.

According to § 312g paragraph 2 no. 9 of the German Civil Code (BGB), there is no right of withdrawal for contracts relating to the provision of services connected with leisure activities if the contract provides for a specific date or period for performance.
This also applies to bookings of holiday accommodations such as the Gohlke Apartments.

§10 GUEST LIABILITY

a) The guest undertakes to treat the apartments and their furnishings with the utmost care.

The accommodation contract includes standard cleaning of the apartment. Gohlke Apartments reserves the right to charge separately for any additional cleaning required due to excessive or unusual contamination.

The guest is liable for any damage to furnishings, rooms of the apartment, the building, or the facilities belonging to the apartment or the building if and insofar as such damage was caused culpably by the guest, their companions, or visitors.

All apartments are equipped with smoke detectors. If these are triggered due to the culpable actions of the guest, their companions, or visitors (third parties given access by the guest), the guest is liable for any resulting damage or costs.

b) The guest must immediately report any damage occurring in the apartments—unless they are obliged to repair it themselves to Gohlke Apartments or the contact point appointed by them (property management). The guest is liable for consequential damages resulting from failure to report such damage in time.

c) Waste, ash, harmful liquids, or similar substances must not be thrown or poured into kitchen, shower, or toilet drains. Any blockages resulting from non-compliance will be repaired at the expense of the person responsible.

d) In the event of malfunctions of the apartment's equipment or facilities, the guest is required to take all reasonable steps to help remedy the issue or minimize any potential damage.

e) The guest undertakes to comply with the maximum occupancy. If the guest exceeds the maximum number of persons agreed upon in the rental contract, Gohlke Apartments has the right – after a failed warning – to terminate the contract without notice. In this case, the guest must reimburse Gohlke Apartments for already incurred expenses and lost profits. If Gohlke Apartments does not exercise the right of termination, the guest must compensate for additional expenses due to over-occupancy, particularly for extra cleaning and increased utility costs. This compensation is calculated as 50% of the nightly rate per person exceeding the maximum occupancy. The guest may provide proof of lower additional costs. Gohlke Apartments may also provide evidence of higher costs.

f) If the key to the entrance door is lost or used improperly, the guest must notify Gohlke Apartments immediately. Gohlke Apartments may charge the guest for creating a replacement key and all related costs.

§11 LIABILITY OF GOHLKE APARTMENTS

a) Gohlke Apartments is liable for the accuracy of the apartment description and is obligated to provide the agreed services properly and maintain them throughout the entire accommodation period. Gohlke Apartments is not liable for defects known to the tenant at the time of contract conclusion.

b) If defects, damage, or complaints concerning the apartment occur, the guest must notify Gohlke Apartments immediately, but no later than 24 hours after arrival. If the guest fails to do so, they are liable for all damages or defects occurring during their stay, and they cannot claim non-performance of contractual services.

c) Liability of Gohlke Apartments for property damage is excluded unless it is due to intentional or grossly negligent breach of duty by Gohlke Apartments or their agents, or due to a negligent breach of essential contractual obligations (so-called cardinal obligations).
In the event of such breaches, the guest is obligated to inform Gohlke Apartments. Moreover, the guest must contribute reasonably to remedy defects and minimize damages. Gohlke Apartments is not liable in cases of force majeure (e.g., fire, etc.).

d) Property (e.g., items) left or forgotten by the guest will be returned upon request and at the guest's risk, after prior payment of shipping costs and related expenses.

e) The guest may, if available, use the parking space provided by Gohlke Apartments outside the building. There is no guaranteed right to the parking space, and parking is at the guest’s own risk. Gohlke Apartments assumes no liability for possible damages caused by third parties and is not obligated to supervise the parking area.

§12 NON-SMOKING POLICY

The apartments are expressly rented as non-smoking apartments. Smoking is therefore prohibited throughout the entire building. The ban includes e-cigarettes, hookahs, and similar products.
In case of violation, Gohlke Apartments reserves the right to terminate the accommodation contract without notice after a failed warning and to demand compensation in the amount of EUR 300. This covers the cleaning of all textiles and surfaces in the apartment to remove smoke odor and tobacco residue.
The guest may provide proof of lower expenses. Gohlke Apartments may also provide evidence of higher costs.
Any additional damage, such as activation of smoke detectors, will be charged separately. The same applies if the apartment cannot be rented out again due to smoke odor, and subsequent bookings must be canceled. Damage to the inventory will be charged at replacement value.

§13 ANIMAL POLICY

Pets are not allowed. In case of violation, the guest is liable for all damages caused by the presence of animals.

§14 CONTRACT AMENDMENTS

Side agreements, changes, and additions to the contract as well as all legally binding declarations must be made in writing.

§15 HOUSE RULES

The house rules are part of the accommodation contract with Gohlke Apartments. They are available in the apartments or displayed in the hallway and will be provided to the guest in text form upon request. The guest agrees to comply with the house rules.

§16 FINAL PROVISIONS, APPLICABLE LAW AND JURISDICTION

a) German law shall apply, excluding the CISG.

b) Place of payment and performance is 73614 Schorndorf.

c) The court of jurisdiction for all disputes arising from this contractual relationship is the District Court of 73614 Schorndorf.

d) Changes, adjustments, etc., must be made in text form. Should any of the provisions listed here be or become invalid, this shall not affect the validity of the remaining provisions.

As of: April 2025