1. SCOPE OF APPLICATION & CONTRACTING PARTIES

1.1 These General Terms and Conditions, hereinafter referred to as the GTC, apply to all contracts for the letting of flats and apartments for accommodation purposes concluded between Dickel-Lorei GbR and third parties (guests), as well as to all other services and supplies provided. 1.2 The Guest’s contracting party is Dickel-Lorei GbR, Hauptstr. 45, 58739 Wickede/Ruhr. 1.3 The customer’s own general terms and conditions shall only apply if this has been expressly agreed in writing in advance.

2. RESERVATIONS/BOOKINGS

2.1 By making a reservation/booking, the guest offers to enter into an accommodation contract. Subject to the availability of the booked apartment, the guest will receive a reservation/booking confirmation from Dickel-Lorei GbR. This confirmation constitutes the formation of an accommodation contract between Dickel-Lorei GbR and the guest. 2.2 Offers made by Dickel-Lorei GbR regarding available apartments are subject to change and non-binding. Dickel-Lorei GbR is free to refuse to enter into a contract of accommodation at its own discretion. 2.3 Where the guest books only one category within a property on offer, the guest is not entitled to stay in a specific flat or unit. Dickel-Lorei GbR reserves the right to apply restrictions customary in the industry, such as minimum stays, booking guarantees or advance payments for specific travel dates.

3. CANCELLATION PERIODS/CANCELLATION BY THE CUSTOMER/FAILURE TO TAKE UP THE SERVICES (NO-SHOW)

3.1 A reservation is only guaranteed once the guest has made payment to Dickel-Lorei Gbr. The guest may cancel this reservation free of charge in accordance with the stated cancellation conditions and deadlines, quoting the relevant reservation number. If a right of withdrawal has not been agreed or has already expired (expiry of the free cancellation period), there is no statutory right of withdrawal or termination, and if Dickel-Lorei Gbr does not agree to the cancellation of the contract, Dickel-Lorei GbR retains the right to the agreed remuneration despite the service not being used (no-show) or a late cancellation. Dickel-Lorei GbR must offset any income from letting the rooms to other guests, as well as any expenses saved. If the rooms are not let to other guests, Dickel-Lorei GbR may apply a flat-rate deduction for expenses saved. In this case, the customer is obliged to pay 90 per cent of the contractually agreed price for the overnight stay. The customer is free to provide evidence that the aforementioned claim has not arisen or has not arisen in the amount claimed. Furthermore, in the event of a no-show by the guest where a reservation has been guaranteed for several days, all subsequent nights from the first night onwards shall be cancelled and the guest shall have no entitlement to the subsequent nights. 3.2 In the case of bookings made on the day of arrival, the guest must make payment for the stay in accordance with §5 without delay, normally within one hour.

4. ACCOMMODATION RATES & OTHER CHARGES

4.1 The rates quoted by Dickel-Lorei GbR at the time the contract is concluded shall apply. The applicable and quoted rates are gross and include all statutory taxes, fees and charges. Local charges payable by the guest, such as visitor’s tax, are not included.

5. TERMS OF PAYMENT & INVOICE

5.1 The price for the accommodation booked by the guest must always be paid in advance by the guest. 5.2 Offsetting by the guest is excluded, unless the offsetting relates to an undisputed or legally established claim. 5.3 Accepted payment methods are MasterCard, Visa, American Express, Sofortüberweisung/Klarna, PayPal or standard bank transfer. Cash payments are not accepted. 5.4 Dickel-Lorei Gbr reserves the right to charge the payment methods on file for additional services used or breaches of the General Terms and Conditions. The guest expressly authorises Dickel-Lorei GbR to do so. 5.5 By making a booking, the guest agrees to receive their invoice as a download or via email.

6. TERMS OF USE FOR RESERVED APARTMENTS

6.1 A reserved apartment is made available to the guest for a specific period following booking. 6.2 The keys provided by Dickel-Lorei GbR must be left on the day of departure with Dickel-Lorei GbR, a third party designated by Dickel-Lorei GbR, or at the designated drop-off point within the flat as indicated by Dickel-Lorei GbR via signage and/or a notice. A fee of €40.00 will be charged in the event of a key being lost or not returned. Dickel-Lorei GbR is also entitled to claim further compensation from the guest for any resulting damage if the damage exceeds €40.00. This also includes the replacement of the affected locking system if this is necessary for security reasons. The guest is entitled to provide evidence that Dickel-Lorei GbR has incurred less damage or no damage at all. 6.3 A late check-out may be arranged between Dickel-Lorei GbR and the guest upon request and subject to availability. If Dickel-Lorei GbR agrees to the late check-out, Dickel-Lorei GbR is entitled to charge €10.00 per hour or part thereof for the additional use of the flat. In the absence of such consent, Dickel-Lorei GbR is entitled to charge €30.00 for each hour or part thereof. If departure takes place more than 3 hours after the originally agreed check-out time, the full accommodation rate for the flat will be charged, provided Dickel-Lorei GbR has given its consent. In the absence of such consent, the guest shall be liable for the full accommodation price plus compensation for any further damage incurred. The guest is entitled to provide evidence that Dickel-Lorei GbR has incurred less damage or no damage at all. 6.4 The guest cannot derive a contractual entitlement to a late check-out. 6.5 Early check-in may be arranged between Dickel-Lorei GbR and the guest upon request and subject to availability. If Dickel-Lorei GbR agrees to early check-in, Dickel-Lorei GbR is entitled to charge €10.00 per hour or part thereof for the additional use of the flat. The guest cannot derive any contractual entitlement to an early check-in.

7. TRANSFER, SUBLETTING, USE

7.1 Subletting or re-letting the booked flat is prohibited. This includes, in particular, the re-letting of flats or blocks of flats to third parties at prices higher than those stated by Dickel-Lorei GbR. Similarly, the assignment or sale of claims against Dickel-Lorei GbR is not permitted. In such cases, Dickel-Lorei GbR is entitled to cancel the booking, in particular if, in the event of assignment or sale to third parties, the guest has provided false information regarding the nature of the booking or the payment. 7.2 The use of the flats owned by Dickel-Lorei GbR for purposes other than accommodation is expressly prohibited. This includes, in particular, any commercial or illegal use. The use of the flats for photography or video recordings is also prohibited without explicit consent. In the event of use for purposes other than accommodation, Dickel-Lorei GbR reserves the right to cancel the booking without refund and to require the premises to be vacated.

8. LIABILITY OF Dickel-Lorei GbR

8.1 Dickel-Lorei GbR shall be liable without limit for damages arising from injury to life, limb or health for which it is responsible. Dickel-Lorei GbR is also liable for any other damage resulting from an intentional or grossly negligent breach of duty on the part of Dickel-Lorei GbR. In cases of simple negligence, Dickel-Lorei GbR shall be liable only to the extent of the foreseeable damage typical for this type of contract, provided that a duty has been breached whose fulfilment is essential for the proper performance of the contract and on whose observance the guest may rely (cardinal duty). A breach of duty by Dickel-Lorei GbR shall be deemed equivalent to a breach by its legal representatives, employees or vicarious agents. Any further claims for damages – unless otherwise provided for in these General Terms and Conditions – are excluded. 8.2 In the event of faults or defects in the services provided by Dickel-Lorei GbR, Dickel-Lorei GbR shall endeavour to remedy the situation upon immediate notification by the guest or upon becoming aware of the issue. The guest is also obliged to do what is reasonably expected of them to help resolve the disruption or defect and to minimise any resulting damage. Furthermore, the guest is obliged to inform Dickel-Lorei GbR immediately of the possibility of significant damage occurring. 8.3 Dickel-Lorei GbR shall be liable for items brought onto the premises in accordance with the statutory provisions. Any claim by the guest shall lapse if they do not report the loss, destruction or damage to Dickel-Lorei GbR immediately upon becoming aware of it, with the exception that a delayed report shall not affect the investigation of the matter. In the event of guests bringing in cash, valuables or other precious items with a value exceeding €800.00, or other items with a value exceeding €3,500.00, a separate written agreement with Dickel-Lorei GbR is required. Otherwise, Dickel-Lorei GbR shall not be liable for any loss, destruction or damage to such funds or items. 8.4 No contract of safekeeping shall be formed where Dickel-Lorei GbR makes a parking space available to the guest, whether for a fee or free of charge. This does not give rise to any duty of supervision on the part of Dickel-Lorei GbR. In the event of loss, theft or damage to property on the premises and/or at the parking space provided, caused by or to parked or manoeuvred motor vehicles, Dickel-Lorei GbR shall only be liable in cases of wilful misconduct or gross negligence. The guest is obliged to report any damage immediately. Obvious damage must, in any event, be reported before leaving the parking space. Dickel-Lorei GbR shall not be liable for damage caused solely by other guests or other third parties. 8.5 Any claims against Dickel-Lorei GbR shall, as a general rule, become time-barred within one year from the start of the statutory limitation period. This shall not apply to claims for damages or other claims arising from injury to life, limb or health and/or due to a breach of duty by Dickel-Lorei GbR arising from gross negligence or wilful misconduct, or in the event of a breach of a fundamental obligation. 8.6 Dickel-Lorei GbR accepts no liability for lost property. This does not apply to liability arising from intentional or grossly negligent breaches of duty by Dickel-Lorei GbR. Lost property will be returned exclusively on request, subject to payment and an additional handling fee of €15.00. Dickel-Lorei GbR undertakes to store lost property for a period of six months. Thereafter, it will be disposed of.

9. SECURITY DEPOSIT

9.1 To secure all claims by Dickel-Lorei GbR against the guest arising from the accommodation contract, Dickel-Lorei GbR is entitled to collect the following security deposits from the guest prior to the handover of the accommodation: 9.2 For a stay of less than three months, a security deposit of €250.00. 9.2 For a stay of between three and six months, a security deposit equivalent to one month’s accommodation fee. 9.3 In the event of a stay of less than three months, Dickel-Lorei GbR is entitled to secure the security deposit by pre-authorising the guest’s payment method to cover the security deposit. If the guest fails to pay the deposit/security deposit, they shall have no right to stay in the accommodation. If Dickel-Lorei GbR has nevertheless made the accommodation available to the guest, Dickel-Lorei GbR shall be entitled to terminate the accommodation contract with immediate effect if the deposit is not paid within a reasonable grace period to be set. 9.4 Dickel-Lorei GbR is obliged to settle the security deposit within one month of the termination of the accommodation contract.

10. GUEST DETAILS

10.1 Dickel-Lorei GbR is required to collect and record the guest’s email address and telephone number to ensure communication. Similarly, Dickel-Lorei GbR is entitled to request a valid form of identification digitally at check-in. For domestic guests, this is an identity card or passport; for foreign guests, it is always a passport. 10.2 Should a guest’s identity not be verifiable beyond doubt due to missing or incorrect documents, Dickel-Lorei GbR is entitled to cancel the booking. 10.3 Dickel-Lorei GbR is entitled to cancel a guest’s booking if the guest’s identity cannot be established beyond doubt due to missing or incorrect documents.

11. TERMINATION OF THE ACCOMMODATION CONTRACT

11.1 Dickel-Lorei GbR reserves the right and is entitled to terminate an accommodation contract for good cause. In particular, good cause shall be deemed to exist if: (a) force majeure or other circumstances beyond the control of Dickel-Lorei GbR render the performance of the contract impossible; or (b) Dickel-Lorei GbR has reasonable grounds to believe that the use of the accommodation services may either jeopardise the smooth running of the business, the safety or the public image of Dickel-Lorei GbR and its premises, without this being attributable to the sphere of control or organisation of Dickel-Lorei GbR; c) bookings are made culpably on the basis of misleading or false information or by concealing material facts; material facts may include, but are not limited to, the guest’s identity, financial solvency or the purpose of the stay; d) the purpose or reason for the stay is unlawful or serves the purpose of prostitution in accommodation; e) in the event of resale, subletting and/or re-brokering (see Clause 7). Dickel-Lorei GbR must inform the guest immediately of the exercise of the right of termination. 11.2 The guest shall have no claim for damages in the event of justified termination by Dickel-Lorei GbR. 11.3 If Dickel-Lorei GbR terminates the contract due to circumstances for which the guest is responsible or for a reason set out in clause 1 above, then Dickel-Lorei GbR is entitled to cancel or refuse any future bookings made by the guest, even if these have already been confirmed by Dickel-Lorei GbR.

12. NO SMOKING AND SAFETY MEASURES

12.1 All apartments operated by Dickel-Lorei GbR are non-smoking. Smoking is strictly prohibited in the apartments as well as in the communal areas of Dickel-Lorei GbR. This also applies to e-cigarettes, shishas, tobacco heaters and similar devices. 12.2 Smoking on balconies and/or terraces is only permitted where there is appropriate signage and the door to the flat is closed. 12.3 In the event of a breach, Dickel-Lorei GbR shall be entitled to claim damages from the guest for the additional cleaning costs incurred, including any loss of revenue resulting from the apartment being unable to be re-let due to the incident, in an amount of at least EUR 250.00. This amount of compensation shall, however, be set higher if Dickel-Lorei GbR can prove that the damage incurred was greater. The guest is entitled to prove that Dickel-Lorei GbR has incurred less damage or no damage at all. 12.4 Tampering with or blocking emergency exits and fire extinguishers is prohibited. Violations may result in a penalty charge of €150. This also applies to tampering with or deactivating security and noise sensors within the flat. 12.5 Dickel-Lorei GbR is entitled to terminate an active booking with immediate effect and to expel guests from the premises if it becomes aware of breaches under clauses 12.1 and 12.4. In such cases, there is no entitlement to a full or partial refund. The guest has the right to prove that Dickel-Lorei GbR has incurred less damage or no damage at all.

13. PROHIBITION OF PARTIES AND GATHERINGS

13.1 As a general rule, noise must be avoided in the booked flat, in the communal areas and on the surrounding premises. Quiet hours must be observed from 10.00 pm to 6.00 am (‘quiet hours’), unless different times are specified in the house rules. 13.2 The holding of parties and gatherings in the apartments and communal areas of Dickel-Lorei GbR is strictly prohibited. 13.3 In the event of a breach, Dickel-Lorei GbR is entitled to claim damages from the guest in the amount of EUR 500.00 to cover the additional cleaning costs incurred, including any loss of revenue resulting from the apartment being unable to be re-let due to the incident. This does not affect the right to claim further damages. The guest has the right to prove that Dickel-Lorei GbR has incurred less damage or no damage at all. 13.4 Sensors for measuring decibels may be installed in flats owned by Dickel-Lorei GbR. These sensors do not record voices or conversations, but are used to detect excessive noise levels. In communal areas of der Dickel-Lorei GbR, such as corridors or other communal spaces, decibel-measuring sensors may also be installed, as well as active video surveillance, which records 24/7 and stores the footage in a cloud environment. 13.5 Dickel-Lorei GbR is entitled to terminate an active booking with immediate effect and to expel guests from the premises if it becomes aware of breaches under clauses 13.1 and 13.2. In such cases, there is no entitlement to a full or partial refund. The guest has the right to prove that Dickel-Lorei GbR has incurred less damage or no damage at all; Dickel-Lorei GbR reserves the right to engage the services of a third party, such as a security service, to enforce its house rules. Any costs incurred as a result of such intervention by a third party will be passed on to the guest.

14. DAMAGE OR UNAUTHORISED REMOVAL OF FURNISHINGS

14.1 Should any damage occur during the stay that goes beyond normal contractual use, or should any fixtures and fittings be removed from the accommodation without authorisation, Dickel-Lorei GbR shall be entitled to compensation, which shall include, in particular, the costs of rectifying the damage, including any loss of revenue resulting from the inability to let the flat, legal costs, plus an administration fee of €50 for such a claim. The guest has the right to prove that Dickel-Lorei GbR has incurred less damage or no damage at all.

15. PETS

15.1 Pets are not permitted in the apartments or communal areas. Exceptions are made for guide dogs, hearing dogs and other comparable service dogs. These may be brought along free of charge at any time, subject to presentation of proof. The relevant proof must be submitted directly to Dickel-Lorei GbR prior to check-in. 15.2 Dickel-Lorei GbR is entitled to make further exceptions to the aforementioned principle. The guest has no entitlement to such exceptions. If a pet is found in an accommodation unit without authorisation, Dickel-Lorei GbR will charge a flat-rate special cleaning fee of EUR 150.00. Dickel-Lorei GbR is entitled to terminate an active booking with immediate effect and to expel guests from the premises in the event of breaches of clause 15.1. In such cases, there is no entitlement to a full or partial refund. The guest is free to provide evidence that Dickel-Lorei GbR has incurred less damage or no damage at all.

16. MAINTENANCE

16.1 By booking an apartment with Dickel-Lorei GbR, the guest undertakes to treat the apartment provided, as well as any rooms, facilities and amenities intended for communal use, with care and respect; to ensure adequate ventilation and heating; and to avoid causing significant soiling. If soiling exceeding normal wear and tear is found during the guest’s stay or after their departure, Dickel-Lorei GbR shall be entitled to charge the guest an additional cleaning fee of at least EUR 50.00 (depending on the condition of the unit). The guest has the right to provide evidence that Dickel-Lorei GbR has incurred less damage or no damage at all. 16.2 The guest further undertakes to check that the apartment’s furnishings are complete and in good working order upon arrival, and to report any defects or complaints to Dickel-Lorei GbR without delay. 16.3 The guest shall be liable for all damage to the apartment made available to them, the furnishings, and the rooms, facilities and installations intended for communal use, which they or their visitors have culpably caused through use contrary to the terms of the contract and which cannot be attributed to normal wear and tear. The guest must report any damage caused to the let apartment to Dickel-Lorei GbR without delay. 16.4 For bookings of more than 7 nights, Dickel-Lorei GbR is entitled to carry out weekly interim cleaning. The guest is obliged to grant access to the flat for this purpose to the service provider commissioned by Dickel-Lorei GbR or to staff of Dickel-Lorei GbR. 16.5 Due to regular maintenance and renovation of the flat, there may be discrepancies compared with the descriptions in online adverts, websites, leaflets, etc. In the event of changes to the furnishings, the landlord shall ensure that the replacement items are of equivalent or better quality.

17. INTERNET USE

17.1 Dickel-Lorei GbR shall provide the guest with internet access within the limits of existing technical and operational capabilities. Disruptions, for example due to force majeure, maintenance work or similar circumstances, cannot be ruled out. 17.2 The guest must not misuse the internet connection. Misuse includes, in particular, the following cases: downloading and distributing copyright-protected content via peer-to-peer sharing platforms, illegal streaming services, and the uploading, accessing or transmitting of content relevant under criminal law (in particular Sections 130, 130a, 131 and 184 of the German Criminal Code (StGB)). The guest is obliged to respect the copyright, patent, name, trade mark and personal rights of third parties whilst using the service. The guest shall, upon first request, indemnify Dickel-Lorei GbR against all claims and claims for damages by third parties, as well as against the costs of legal defence in a reasonable amount, arising from the unlawful use of the provided internet connection by the guest or by third parties with the guest’s knowledge. This indemnity claim covers, in particular, claims arising from the infringement of copyright, patent, name, trade mark and personality rights, as well as breaches of data protection legislation. 17.3 Guests are prohibited from disclosing the access details for the internet connection provided by Dickel-Lorei GbR to third parties. This also applies to the publication of any such access details. In the event of a breach, the guest shall be liable to Dickel-Lorei GbR for any damage arising from the disclosure of the access details. 17.4 Furthermore, Dickel-Lorei GbR reserves the right to block the guest’s internet connection in the event of any legal infringements.

18. DATA PROTECTION

18.1 The data protection policy is available at: https://www.neues-ruhrtal-apartment.de

19. FINAL PROVISIONS

19.1 Any amendments, additions or the termination of the accommodation contract, the acceptance of the booking or these General Terms and Conditions must be made in writing. This also applies to the termination of this written form clause. Unilateral amendments or additions by the guest are invalid. 19.2 The place of performance and payment is the registered office of the accommodation provider. 19.3 In commercial transactions, the exclusive place of jurisdiction is the registered office of the accommodation provider. Where a contracting party meets the requirements of Section 38(2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the place of jurisdiction shall be the registered office of the accommodation provider. 19.4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the law on conflicts of law is excluded. 19.5 Should any provision of this contract be or become invalid, or be or become void, this shall not affect the validity of the remaining provisions. In place of the invalid/void provision, the parties shall agree on a provision that most closely approximates the purpose intended by the invalid/void provision. This also applies to the filling of any gaps in the contract. 19.6 The accommodation provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.