Terms of Use

1. SCOPE OF APPLICATION & CONTRACTUAL PARTNERS

  1. These General Terms and Conditions, hereinafter referred to as GTC, apply to all contracts for the rental of flats and flats for accommodation concluded between CASSEL LOFTS - Inh. Florian Gürbig (hereinafter referred to as CASSEL LOFTS) and third parties (guest), as well as to all other services and deliveries provided.
  2. The contracting party of the guest in Germany is CASSEL LOFTS.
  3. The customer's general terms and conditions shall only apply if this has been expressly agreed in writing in advance.

2. RESERVATIONS/BOOKING

  1. By making a reservation/booking, the guest offers to enter into an accommodation contract. If the booked flat is available, the guest will receive a reservation/booking confirmation from CASSEL LOFTS. This confirmation concludes an accommodation contract between CASSEL LOFTS and the guest.
  2. Offers by CASSEL LOFTS regarding available flats are subject to change and non-binding. CASSEL LOFTS is free to refuse the conclusion of an accommodation contract at its own discretion.
  3. If the guest books only one category in an offered property, the guest has no right to claim the accommodation service in a certain apartment/unit. CASSEL LOFTS reserves the right to impose customary restrictions such as minimum stays, booking guarantees or deposits for certain travel dates.

3. CANCELLATION DEADLINES / WITHDRAWAL OF THE CUSTOMER / NON-UTILISATION OF SERVICES (NO SHOW)

  1. A guaranteed reservation exists only upon payment by the guest to CASSEL LOFTS. This can be cancelled by the guest free of charge in accordance with the stated cancellation conditions and cancellation deadlines, quoting the relevant reservation number.
If a right of cancellation has not been agreed or has already expired (expiry of free cancellation period), if there is also no legal right of cancellation or termination and if CASSEL LOFTS does not agree to a cancellation of the contract, CASSEL LOFTS retains the claim to the agreed remuneration despite non-utilisation of the service (no-show) or late cancellation. CASSEL LOFTS has to take into account the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not rented to other parties, CASSEL LOFTS may make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight accommodation. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed. In addition, in the event of non-appearance of the guest in the case of reservations guaranteed for several days, all further nights from the first night shall be cancelled and the guest shall have no claim to the following nights.
  2. In the case of reservations made on the day of arrival, the guest must make payment for the stay in accordance with §5 without delay, as a rule within one hour.

4. OVERNIGHT RATES & OTHER PRICES

  1. The prices shown by CASSEL LOFTS at the time of the conclusion of the contract are valid. Applicable and stated prices are gross and include all statutory taxes, fees and charges.
Local taxes owed by the guest, such as visitor's tax, are not included.

5. TERMS OF PAYMENT & INVOICE

  1. The price for the accommodation service booked by the guest must always be paid in advance by the guest.
  2. Offsetting by the guest is excluded, unless the offsetting concerns an undisputed or legally established claim.
  3. Accepted means of payment are MasterCard, Visa, American Express, Sofortüberweisung/Klarna, Paypal or regular bank transfer.
Cash payment is not accepted.
  4. CASSEL LOFTS reserves the right to charge the deposited payment methods with amounts for additional services used or violations of the General Terms and Conditions.
  5. The guest expressly authorises CASSEL LOFTS to do so. A reservation is accompanied by the guest's consent to receive his invoice as a download or via e-mail.

6. POSSIBILITIES OF USE OF RESERVED FLATS

  1. A reserved flat is available to the guest during the period specified after the booking.
  2. On the day of departure, the keys provided by CASSEL LOFTS must be left with CASSEL LOFTS, a third party named by CASSEL LOFTS or at the storage location in or on the flat designated by CASSEL LOFTS by means of signage and/or a message.
In case of loss of a key, as well as in case of non-return, a fee of 40,00€ will be charged. CASSEL LOFTS is further entitled to claim further compensation from the guest for the damage caused by this 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 has the option of proving that CASSEL LOFTS has suffered less damage or none at all.
  3. A later departure (late check-out) can be agreed between CASSEL LOFTS and the guest on request and subject to availability. If CASSEL LOFTS agrees to the late check-out, CASSEL LOFTS is entitled to charge 10,00€ per hour or part thereof for the additional use of the flat. If there is no agreement, CASSEL LOFTS is entitled to charge 30,00€ for each started hour. In case of a departure more than 3 hours after the originally agreed check-out time, the full accommodation price of the flat will be charged if CASSEL LOFTS has given its consent. In the absence of consent, the guest shall owe compensation for any further damage incurred in addition to the full overnight price. The guest has the possibility to prove that CASSEL LOFTS has suffered less or no damage.
  4. The guest cannot derive a contractual claim to a late check-out.
  5. An earlier arrival (early check-in) can be agreed between CASSEL LOFTS and the guest on request and subject to availability. If CASSEL LOFTS agrees to an early check-in, CASSEL LOFTS is entitled to charge € 10.00 per hour or part thereof for the additional use of the flat. The guest cannot derive a contractual claim to an early check-in. Translated with www.DeepL.com/Translator (free version)

7. TRANSFER, SUBLETTING, USE

  1. The subletting or subcontracting of the booked flat is prohibited. This includes in particular the subletting of the flats or of flat contingents to third parties at higher prices than those indicated by CASSEL LOFTS.
  2. Similarly, an assignment or sale of claims against CASSEL LOFTS is not permitted. In these cases CASSEL LOFTS is entitled to cancel the reservation, especially if the guest has given untrue information about the type of booking or the payment to third parties at the time of assignment/sale.
  3. The use of the flats of CASSEL LOFTS for purposes other than accommodation is expressly prohibited.
In particular, this includes any commercial or illegal use. The use of the flats for photography or video recording is also prohibited without explicit consent. CASSEL LOFTS reserves the right to cancel the reservation without refund and to vacate the rented property in the event of use for reasons other than accommodation.

8. LIABILITY OF CASSEL LOFTS

  1. CASSEL LOFTS is liable without limitation for damages resulting from injury to life, body or health for which it is responsible. Likewise CASSEL LOFTS is liable for other damages which are based on an intentional or grossly negligent breach of duty by CASSEL LOFTS.
In case of simple negligence CASSEL LOFTS is only liable and limited to the contract-typical foreseeable damage, provided that an obligation is violated, the fulfilment of which enables the proper execution of the contract in the first place and on the observance of which the guest may rely (cardinal obligation).A breach of duty by CASSEL LOFTS is equivalent to a breach of duty by its legal representatives, employees or vicarious agents.
Further claims for damages - unless otherwise regulated in these General Terms and Conditions - are excluded.
  2. In the event of disruptions or deficiencies in the services of CASSEL LOFTS, CASSEL LOFTS will endeavour to remedy the situation upon immediate complaint by the guest or upon knowledge thereof.
The guest is also obliged to contribute what is reasonable in order to remedy the disruption or defect and to keep any resulting damage to a minimum.
Furthermore, the guest is obliged to immediately draw the attention of CASSEL LOFTS to the possibility of a high damage.
  3. CASSEL LOFTS is liable for objects brought in according to the legal provisions. Any claim of the guest expires if he/she does not notify CASSEL LOFTS immediately after becoming aware of the loss, destruction or damage, with the exception that a delayed notification has no effect on the clarification of the facts.
In the case of the contribution of funds, valuables or other valuables which exceed a value of 800,00€ or in the case of other items which exceed a value of 3.500,00€, a separate written agreement with CASSEL LOFTS is required. Otherwise any liability of CASSEL LOFTS for loss, destruction or damage of these means or objects is excluded.
  4. No custody agreement is concluded if a parking space is made available to the guest by CASSEL LOFTS against payment or free of charge. This does not result in a supervision obligation for CASSEL LOFTS. In the event of loss, theft or damage to motor vehicles parked or manoeuvred on the property and/or on the pitch provided by or through CASSEL LOFTS, CASSEL LOFTS shall only be liable in the event of intent or gross negligence. The guest is obliged to report damage immediately. Obvious damage must in any case be reported before leaving the parking space. CASSEL LOFTS is not liable for damage caused solely by other guests or other third parties.
  5. Any claims against CASSEL LOFTS are generally subject to a limitation period of one year from the start of the statutory limitation period. This does not apply to claims for damages or other claims arising from injury to life, body or health and/or due to grossly negligent or intentional breach of duty by CASSEL LOFTS as well as in the case of breaches of a cardinal obligation.
  6. CASSEL LOFTS accepts no liability for lost property. Excluded is liability due to intentional or grossly negligent breach of duty by CASSEL LOFTS. Lost property will only be returned on request for a fee and an additional processing fee of 15,00€.
CASSEL LOFTS undertakes to keep lost property for a period of six months. Afterwards, they will be disposed of. Translated with www.DeepL.com/Translator (free version)

9. SECURITY

  1. In order to secure all claims of CASSEL LOFTS against the guest resulting from the accommodation contract, CASSEL LOFTS is entitled to collect the following securities/deposits from the guest before the flats are let:
  2. For a stay of less than three months a deposit of 250,00€.
  3. In the case of a stay of three to six months, a security deposit in the amount of one monthly accommodation rate.
  4. In the event of a stay of less than three months, CASSEL LOFTS is entitled to make the deposit/security payment by means of a pre-authorisation of the means of payment to settle the security deposit. If the guest does not pay the deposit/security deposit, he/she has no claim to the stay in the flat.
  5. If CASSEL LOFTS has let the flat to the guest in spite of this, CASSEL LOFTS is entitled to terminate the accommodation contract without notice if the deposit is not paid within a reasonable period of grace to be set. CASSEL LOFTS is obliged to settle the deposit within one month after termination of the accommodation contract.

10. CUSTOMER DATA

  1. CASSEL LOFTS collects and compulsorily records the guest's e-mail address and telephone number to ensure communication. Likewise, CASSEL LOFTS is entitled to request a valid identification document digitally at check-in. For domestic guests this is an identity card or passport, for foreign guests it is always a passport.
  2. If the identity of a guest cannot be clarified beyond doubt due to missing or false documents, CASSEL LOFTS is entitled to cancel the booking.
  3. CASSEL LOFTS is entitled to cancel a guest's booking if the identity of a guest cannot be established beyond doubt due to missing or false documents.
  4. In order to avoid fraudulent and damaging bookings, CASSEL LOFTS uses software solutions which determine a "Fraud-Prevention-Score" for each guest by means of the data requested from the guest (e-mail address, telephone number, credit card data, address) in order to recognise fraudulent bookings.
CASSEL LOFTS reserves the right to cancel any booking flagged by the system.

11. TERMINATION OF THE ACCOMMODATION CONTRACT

  1. CASSEL LOFTS reserves the right and is entitled to terminate an accommodation contract for good cause. In particular, good cause shall be deemed to exist if
  2. a) force majeure or other circumstances beyond the control of CASSEL LOFTS make the fulfilment of the contract impossible
  3. b) CASSEL LOFTS has reasonable grounds to believe that the use of the accommodation service may endanger either the smooth operation of the business, the security or the public image of CASSEL LOFTS and its locations without this being attributable to the control or organisation of CASSEL LOFTS.
  4. c) bookings are culpably made with misleading or false information or concealment of material facts; material facts may be, but are not limited to, the identity of the guest, the ability to pay or the purpose of the stay
  5. d) the purpose or reason for the stay is unlawful or serves the purpose of residential prostitution
  6. e) In the case of resale or re-letting and/or re-arrangement (see clause 7).
  7. CASSEL LOFTS has to inform the guest immediately about the exercise of the right of termination.
  8. The guest has no claim to compensation in the event of justified termination by CASSEL LOFTS.
  9. If CASSEL LOFTS terminates the contract due to a circumstance for which the guest is responsible or due to a reason according to clause 1 above, CASSEL LOFTS is also entitled to cancel or reject future bookings of the guest, even if these have already been confirmed by CASSEL LOFTS.

12. VOUCHERS

  1. A voucher purchased from CASSEL LOFTS can only be redeemed for services provided by CASSEL LOFTS. If there are any remaining credits when payments are made with the voucher, these will remain and can be used for further bookings. Vouchers cannot be returned, are not resalable or transferable and are not redeemable in whole or in part for cash. The person ordering the voucher is responsible for providing the correct data (in particular e-mail address) to which the voucher and invoice are to be sent.

13. NO SMOKING

  1. All CASSEL LOFTS flats are non-smoking flats. Smoking in the flats as well as in common areas of CASSEL LOFTS is strictly prohibited. This also applies to e-cigarettes, shishas, tobacco heaters and similar devices. Smoking on balcony and/or terrace areas is only permitted if appropriately marked and the door to the flat is closed.
  2. In case of infringement, CASSEL LOFTS has the right to demand compensation from the guest for the separately necessary cleaning costs including possible loss of revenue from a subletting of the flat which cannot be reasonably expected due to the incident, in the amount of at least EUR 250.00. This compensation amount shall be the same as the compensation for the loss of revenue from the subletting of the flat. This amount of damages shall nevertheless be set higher if CASSEL LOFTS proves a higher damage. The guest has the possibility to prove that CASSEL LOFTS has suffered less or no damage,
  3. Manipulating or blocking emergency exits, fire extinguishers or the fire/house alarm is prohibited. Violations will result in a penalty fee of 150 €.
This also applies to tampering with or switching off security and decibel sensors within the flat.
  4. CASSEL LOFTS is entitled to cancel an active booking with immediate effect and to expel guests from the house if it becomes aware of violations according to points 1 and 2. There is no entitlement to a refund or partial refund in these cases. The guest has the possibility to prove that CASSEL LOFTS has suffered less or no damage,
  5. In buildings of CASSEL LOFTS there may be networked smoke detectors which are directly connected to the control centre of the fire brigade or a security service. The guest is fully liable for the intentional or negligent triggering of the fire alarm system (e.g. due to the violation of the smoking ban), but at least in the amount of the actual costs incurred (e.g. deployment costs of the fire brigade or security service). Translated with www.DeepL.com/Translator (free version)

14. PROHIBITION OF PARTIES AND GATHERINGS

  1. As a matter of principle, noise must be avoided in the booked flat, the common areas of use as well as on the surrounding grounds. Night-time rest is to be observed from 10 p.m. to 6 a.m. ("quiet hours"), unless other times are specified by the house rules. Parties and gatherings are strictly prohibited in the flats and common areas of CASSEL LOFTS.
  2. In case of violation, CASSEL LOFTS has the right to claim damages from the guest for the separately necessary cleaning costs including possible loss of revenue from a subletting of the flat which cannot be reasonably expected due to the incident, in the amount of EUR 500,00. The right to further damages shall not be affected by this. The guest has the possibility to prove that CASSEL LOFTS has suffered less or no damage,
  3. Sensors for decibel measurement may be installed in CASSEL LOFTS flats. These sensors do not record voices or conversations, but are used to detect excessive noise.
  4. CASSEL LOFTS is entitled to cancel an active booking with immediate effect and to expel guests from the house if it becomes aware of violations according to points 1 and 2. There is no entitlement to a refund or partial refund in these cases. The guest has the possibility to prove that CASSEL LOFTS has suffered less damage or no damage at all. CASSEL LOFTS reserves the right to use the services of a third party, e.g. a security service, to enforce the house rules.
Any costs incurred through the intervention of a third party will be passed on to the guest.

15. DAMAGE OR UNAUTHORISED REMOVAL OF INVENTORY

  1. Should damage occur during the accommodation beyond the contractual use or if inventory is removed from the unit without authorisation, CASSEL LOFTS is entitled to compensation, which includes in particular the expenses for remedying the damage, including any loss of revenue resulting from the impossibility of renting out the flat, legal costs plus a handling fee of 50€ for such a damage case. The guest has the possibility to prove that CASSEL LOFTS has suffered less or no damage.

16. PETS

  1. The bringing of (domestic) animals is not permitted in flats and common areas. Exceptions are guide dogs, deaf dogs and other comparable service dogs. These may be brought along free of charge and at any time if proof is provided.
The relevant proof must be presented to CASSEL LOFTS before check-in.
  2. CASSEL LOFTS is entitled to make further exceptions to the above-mentioned principle. The guest has no claim to this. If a pet stays in a unit without permission, a lump sum of EUR 150.00 will be charged by CASSEL LOFTS for a special cleaning fee. CASSEL LOFTS is entitled to cancel an active booking with immediate effect and to expel guests from the house if there are violations of point 1. A claim for a refund or partial refund does not exist in these cases. The guest has the option of proving that CASSEL LOFTS has suffered less damage or none at all.

17. MAINTENANCE

  1. By booking a flat with CASSEL LOFTS, the guest undertakes to treat the flat provided and the rooms, facilities and installations intended for common use with care and attention, to ensure adequate ventilation and heating, and to avoid gross soiling. If there is dirt beyond the usual use during the guest's stay or even after his departure, CASSEL LOFTS has the right 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 possibility to prove that CASSEL LOFTS has suffered less or no damage,
  2. Furthermore, the guest undertakes to check the furnishings of the flat for completeness and suitability for use upon moving in and to notify CASSEL LOFTS immediately of any defects and complaints.
  3. The guest is liable for all damage to the flat provided to him, the furnishings and the rooms, facilities and installations intended for common use, which he or his visitors have culpably caused by use contrary to the terms of the contract and which cannot be attributed to normal wear and tear. The guest must notify CASSEL LOFTS immediately of any damage caused to the rented flat.
  4. For bookings of more than 7 nights, CASSEL LOFTS is entitled to carry out weekly intermediate cleaning. The guest is obliged to grant access to the flat to the service provider commissioned by CASSEL LOFTS or to employees of CASSEL LOFTS for this purpose.

18. INTERNET USE

  1. The guest is provided with internet access by CASSEL LOFTS within the framework of the existing technical and operational possibilities. Disruptions, for example due to force majeure or maintenance work or similar, cannot be excluded.
  2. The guest may not misuse the internet connection. Misuse shall be deemed to have occurred in particular in the following cases: Downloading and distribution of copyright-protected content via peer-to-peer sharing platforms, illegal streaming offers as well as the posting, retrieval or transmission of content relevant under criminal law (in particular Sections 130, 130a, 131 and 184 of the Criminal Code). The guest is obliged to respect the copyright, patent, name, trademark and personal rights of third parties when using the website. The guest indemnifies CASSEL LOFTS upon first request from all claims and claims for damages of third parties as well as from the costs of legal defence in an appropriate amount, which have been caused by an illegal use of the provided internet connection by the guest or by third parties with the knowledge of the guest. This claim for indemnification covers in particular claims arising from the infringement of copyright, patent, name, trademark and personal rights as well as infringements of data protection law.
  3. The guest is prohibited from passing on the access data for the internet connection of CASSEL LOFTS to third parties. This also applies to the publication of any access data. In case of infringement, the guest is liable for all damages caused by the disclosure of the access data to CASSEL LOFTS.
  4. Furthermore, CASSEL LOFTS reserves the right to block the guest's internet connection in case of legal violations.

19. DATA PROTECTION

  1. The data protection regulations can be viewed at: https://cassel-lofts.de/datenschutz.html

20. FINAL PROVISIONS

  1. Amendments and supplements as well as the cancellation of the accommodation contract, the acceptance of the application or these General Terms and Conditions must be made in text form. This also applies to the cancellation of this text form clause. Unilateral amendments or additions by the guest are invalid.
  2. The place of performance and payment shall be the registered office of the accommodation provider.
  3. The exclusive place of jurisdiction for commercial transactions shall be the registered office of the accommodating establishment. If a contracting party fulfils the prerequisite of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the accommodating establishment.
  4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
  5. Should any provision of this contract be or become invalid, void or unenforceable, the validity of the remaining provisions shall not be affected thereby. In place of the invalid/void provision, the parties shall agree on a provision which comes as close as possible to the purpose intended by the invalid/void provision. This shall also apply to the filling of any gaps in the contract.
  6. The accommodation provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.