General Terms and Conditions of Pumpengasse Wolfsburg GmbH 

§ 1 Scope of application
  1. These terms and conditions apply to all contracts for the rental of furnished apartments for lodging purposes as well as 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 Partner, Subletting and Reletting 

  1. The contract is concluded by the acceptance of the customer\'s application by Pumpengasse Wolfsburg GmbH. Pumpengasse Wolfsburg GmbH is free to confirm the customer\'s reservation 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 thereof.
  3. The contracting parties are Pumpengasse Wolfsburg GmbH and the customer. If a third party, in particular a client or employer, has placed an order for the customer, he shall be liable to the customer together with the customer as joint  debtors for all obligations arising from the rental agreement, provided that Pumpengasse Wolfsburg GmbH has received a separate express declaration from the third party.
  4. Subletting or re-letting of the leased apartment, as well as invitations to job interviews, sales or similar events require the written consent of Pumpengasse Wolfsburg GmbH. § Section 540, paragraph 1, sentence 2 of the German Civil Code (BGB) is expressly waived insofar as the customer is an entrepreneur.

§ 3 Services, Prices, Terms of Payment 

  1. Pumpengasse Wolfsburg GmbH is obligated to keep the apartment that has been booked by the customer or an equivalent apartment ready and is responsible for providing 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 is to be paid upon arrival or departure. Otherwise, invoices issued by Pumpengasse Wolfsburg GmbH without a due date are payable without deduction within 10 days of receipt of the invoice. Pumpengasse Wolfsburg GmbH is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, Pumpengasse Wolfsburg GmbH shall be 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 base interest rate. Pumpengasse Wolfsburg GmbH expressly reserves the right to prove higher damages.
  5. Reminder costs in the amount of 5.00 Euro shall be charged for each reminder after default has occurred.
  6. Pumpengasse Wolfsburg GmbH is entitled to demand a reasonable 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 by making credit card details available. In this case, Pumpengasse Wolfsburg GmbH shall be entitled to collect the respective agreed remuneration by credit card in the event of non-compliance with payment dates.
  7. The customer may only offset claims against Pumpengasse Wolfsburg GmbH that are undisputed, legally established or ready for decision. 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 making credit card data available, Pumpengasse Wolfsburg GmbH is entitled, after issuing the corresponding invoice, to also collect the ancillary services used by the customer, e.g. breakfast, laundry service, via the customer\'s credit card.

§ 4  Smoking ban, keeping of animals 

  1. All apartments of Pumpengasse Wolfsburg GmbH are non-smoking apartments. Therefore, smoking is prohibited in all apartments. In case of violation, Pumpengasse Wolfsburg GmbH is entitled to terminate the contract without notice. In addition, Pumpengasse Wolfsburg GmbH may, if necessary, charge costs of a special final cleaning in case of nicotine odor in the apartment in the amount of at least 80 EUR net.
  2. Keeping animals in the booked apartments is only permitted with the written consent of Pumpengasse Wolfsburg GmbH.

§ 5 Provision, hanodover and return

  1. Unless otherwise agreed, the customer has no right to the provision of a particular apartment.
  2. Booked apartments are available to the customer from 15:00 on the agreed arrival day. The customer has no right to earlier provision.
  3. On the agreed departure day, the apartment must be left vacant and made available to Pumpengasse Wolfsburg GmbH by 11:00 a.m. at the latest. Thereafter, 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 6:00 pm. If the apartment is vacated after 6:00 p.m., the entire daily rate for the following day may be charged. Contractual claims of the customer are not justified by this. The customer is free to prove that Pumpengasse Wolfsburg GmbH has not suffered any damage or that the damage is significantly lower.
  4. The apartment must be returned in the condition in which it was found by the customer. The customer must remove all his personal belongings from the apartment and dispose of any food he has brought into the apartment.
  5. For insurance reasons, Pumpengasse Wolfsburg GmbH asks the customer to lock the apartment 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 originally agreed total amount)
    up to 3 days before the day of arrival -   free of charge 
    until 16:00 before the day of arrival - 50%
    after that - 80%
  2. Cancellation must be made in writing (by e-mail, letter, fax) to Pumpengasse Wolfsburg GmbH.
  3. If Pumpengasse Wolfsburg GmbH and the customer have agreed in writing on a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract until then without triggering payment or damage claims against Pumpengasse Wolfsburg GmbH. The customer\'s right of withdrawal expires if the customer does not exercise his right of withdrawal in writing towards 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 of time has been agreed upon in writing, Pumpengasse Wolfsburg GmbH is also entitled to withdraw from the contract within this period of time if there are requests from other customers for contractually booked apartments and the customer does not waive his right to withdraw from the contract upon inquiry 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, Pumpengasse Wolfsburg GmbH is entitled to withdraw from the contract. In this case, the customer shall pay Pumpengasse Wolfsburg GmbH cancellation fees and processing fees in accordance with § 6 number 2.
  6. Pumpengasse Wolfsburg GmbH is furthermore entitled to withdraw from the contract extraordinarily for factually justified reasons, for example if:
    force majeure or other circumstances beyond the control of Pumpengasse Wolfsburg GmbH make it impossible to fulfill the contract;
    apartments are booked under misleading or false statements of facts essential to the contract, for example, those relating to the person of the customer or the purpose;
    Pumpengasse Wolfsburg GmbH has reasonable grounds to believe that the use of the booked apartments may endanger the peace of the house, the safety or the reputation of Pumpengasse Wolfsburg GmbH in public, without this being attributable to the sphere of control or organization of Pumpengasse Wolfsburg GmbH.

§ 7 Loss of or damage to items taken to the apartment

  1. Any items taken into the rented apartment are at the risk of the customer. Pumpengasse Wolfsburg GmbH assumes no liability for loss, destruction or damage, including financial losses, 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, body or health. In addition, all cases in which, due to the circumstances of the individual case, the custody constitutes an essential contractual obligation, are excluded from this exemption from liability.

§ 8 Technical equipment and connections

  1. The use of the customer\'s own electrical equipment by utilizing the electricity network of the apartment requires the written consent of Pumpengasse Wolfsburg GmbH, insofar as these are not items of normal daily use. Any malfunctions or damage to the technical equipment of the apartment caused by the use of such equipment by the customer will be charged to the customer, unless Pumpengasse Wolfsburg GmbH is responsible for such malfunctions or damage.
  2. The customer is entitled to use telephone, telefax and data transmission equipment available in the apartments. The customer shall pay the charges incurred in connection with such use in addition to the agreed rent, insofar as his use gives rise to charges in excess of the flat rate agreed by Pumpengasse Wolfsburg GmbH. The use of own cell phones is of course free of charge and permitted.
  3. The customer is prohibited from illegal filesharing via the internet connection provided by Pumpengasse Wolfsburg GmbH. This includes any upload or download of copyrighted music, film or software files. The customer is liable for all damages incurred by Pumpengasse Wolfsburg GmbH and/or the rights holder as a result of the customer\'s infringement.
  4. Faults in technical or other equipment provided by Pumpengasse Wolfsburg GmbH will be remedied immediately if possible. Payments may not be withheld or reduced insofar as Pumpengasse Wolfsburg GmbH is not responsible for these malfunctions.
  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 Admission by the Pumpengasse Wolfsburg GmbH

  1. Pumpengasse Wolfsburg GmbH is entitled to enter the rented apartment after consultation with the customer in order to carry out repairs, to read electricity and water meters and to inspect the apartment within the context of the connection rental. In case of imminent danger, Pumpengasse Wolfsburg GmbH is also entitled to enter the apartment without consultation with the tenant.

§ 10 Liability of the customer for damages 

  1. If the customer is an entrepreneur, he is liable for all damages 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 will be provided with an inventory list, which he must countersign. The customer shall reimburse the costs of the items no longer present when the apartment is vacated at the current value.
  3. Pumpengasse Wolfsburg GmbH may require the customer to provide appropriate security (e.g. insurance, deposits, guarantees). The provision of security may also be effected by making credit card data available. In this case, Pumpengasse Wolfsburg GmbH is entitled to collect the costs for the removal of damages to the apartment that are culpably caused by the customer or any co-inhabitants or visitors via the customer\'s credit card. Pumpengasse Wolfsburg GmbH will determine the costs for the removal of the damages beforehand by obtaining a cost estimate from a specialist craftsman\'s company.
  4. The customer is obliged to contribute what is reasonable to him in order to remedy the malfunction and to keep any possible damage to a minimum.

§ 11 Liability of Pumpengasse Wolfsburg GmbH

  1. Pumpengasse Wolfsburg GmbH shall be liable for its obligations under the contract with the due care of a prudent businessman. Claims of the customer for damages 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 material contractual duties by Pumpengasse Wolfsburg GmbH. A breach of duty by Pumpengasse Wolfsburg GmbH is equivalent to a breach of duty by a legal representative or vicarious agent. Should malfunctions or defects occur in the services of Pumpengasse Wolfsburg GmbH, Pumpengasse Wolfsburg GmbH shall endeavor to remedy the situation upon becoming aware of the same or upon immediate complaint by the customer.
  2. Insofar as a parking space is made available to the customer in a garage or other parking lot, even for a fee, this does not constitute a safekeeping contract. 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. No. 1 sentences 2 to 4 above 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 pursuant to Section 199 (1) of the German Civil Code (BGB). Claims for damages shall become time-barred five years after they arise, irrespective of knowledge or grossly negligent ignorance. The above reductions in the statute of limitations 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 on the part of Pumpengasse Wolfsburg GmbH, its legal representatives or vicarious agents.

§ 12 Final Provisions

  1. Changes 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 changes or additions by the customer are invalid.
  2. Place of performance and payment is the registered office of Pumpengasse Wolfsburg GmbH. The exclusive place of jurisdiction - also for disputes regarding 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 (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of Pumpengasse Wolfsburg GmbH.
  3. German law shall be applicable. 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.