General Terms and Conditions

1 Scope of Application

These General Terms and Conditions (GTC) apply to all contracts for the rental of apartments for accommodation purposes concluded between Alp Ami Hospitality GmbH (ALPAMI) and third parties (Guest), as well as to all other services and deliveries provided by Alp Ami Hospitality GmbH.

These Terms and Conditions apply exclusively. Deviating, conflicting, or supplementary general terms and conditions of the Guest shall not become part of the contract, even if ALPAMI does not expressly object to their inclusion.

2 Interpretation

The following terms are used in these Terms and Conditions for simplification:

• "ALPAMI" refers to Alp Ami Hospitality GmbH.
• "Arrival Day" is the day that marks the beginning of the booking period. This is determined by the Guest during the booking process.
• "Departure Day" is the day that marks the end of the booking period. This is determined by the Guest during the booking process.
• A "Room" refers to a unit of living space rented out by ALPAMI. This may include apartments, tiny houses, cabins, etc.
• "Check-in" refers to the provision of the digital registration form.
• "Booking ID" refers to the reservation number (alphanumeric code) by which a booking can be uniquely identified.
  

3 Rental Agreement

3.1 Conclusion of Contract

The accommodation contract is concluded upon ALPAMI's confirmation of the Guest's booking. Acceptance by ALPAMI takes place through booking confirmation in text form, but no later than upon provision of the Room.

Offers by ALPAMI regarding available Rooms are non-binding and subject to change. ALPAMI reserves the right to refuse the conclusion of an accommodation contract at its sole discretion and without giving reasons.

3.2 Contractual Parties

The contractual parties are ALPAMI and the Guest. If a third party has booked on behalf of the Guest, this third party shall be jointly and severally liable to ALPAMI together with the Guest for all obligations arising from the accommodation contract. The third party then becomes the contractual party.

The use of the Rooms for purposes other than pure accommodation is not permitted. Furthermore, the Room may only be used by the contractually agreed number of Guests. If additional persons not contractually agreed upon stay overnight in the Room, this constitutes a breach of duty by the Guest, entitling ALPAMI to charge an additional fee of at least €50.00 per person and night and/or to cancel the booking without notice.

Subletting and re-letting and/or the brokerage of booked Rooms is prohibited. In particular, the brokerage of Rooms and/or Room contingents to third parties at higher prices than the actual Room rates is prohibited. The assignment or sale of any claim against ALPAMI is also not permitted. In such cases, ALPAMI is entitled to cancel the booking and to claim a contractual penalty of €500.00, in particular if the Guest has made false statements to the third party regarding the type of booking or payment in connection with the assignment/sale.

3.3 Limitation Period

All claims against ALPAMI shall generally become time-barred one year after the statutory commencement of the limitation period. This does not apply to claims for damages and other claims insofar as the latter are based on intentional or grossly negligent breaches of duty by ALPAMI.

Claims by ALPAMI against the Guest, in particular for damages, cleaning costs, or compensation for use, shall be time-barred in accordance with statutory provisions. ALPAMI is entitled to collect such claims from the deposited means of payment without prior notice.

4 Services & Payment

4.1 Services

ALPAMI is obligated to keep the Rooms booked by the Guest, or equivalent substitutes, available and to provide the agreed services.

The Guest is obligated to pay the prices applicable or agreed by ALPAMI for the Room and any additional services used. All additional services that go beyond the booked scope of services will be charged separately.

4.2 Prices

The prices listed by ALPAMI at the time of conclusion of the contract shall apply. The applicable prices are gross total prices and include all statutory taxes, fees, and duties. Local charges that the Guest is obligated to pay personally under the respective municipal law, such as visitor's tax (accommodation tax), are not included and may be charged separately.

If the value-added tax rate applicable to the contractual services increases or decreases after the conclusion of the contract, the prices will be adjusted accordingly.

If the period between conclusion of the contract and contract performance exceeds six months and the price generally charged by ALPAMI for such services increases, ALPAMI is entitled to reasonably adjust the contractually agreed price, but by no more than 15%.

Prices may further be changed by ALPAMI if the Guest subsequently requests changes to the number of Rooms booked, the services provided by ALPAMI, or the duration of stay, and ALPAMI agrees thereto. Changes must be made in text form.

Non-contractual special requests by the Guest are always non-binding. The Guest has no claim to have such non-contractual special requests fulfilled, unless expressly confirmed by ALPAMI in text form.

4.3 Payment

Payment via the deposited means of payment shall always be made in advance during the booking process. The arrival time is 3:00 p.m. on the booked Arrival Day.

For long-term stays of more than one month (from 30 days), only the amount for the first month shall be paid immediately. The amount for the following month shall be paid no later than three days after the end of the previous month.

ALPAMI is entitled to demand outstanding receivables at any time and to debit them from the deposited means of payment without separate notice. In the event of default in payment, ALPAMI is entitled to charge the applicable statutory default interest within the meaning of Section 288 of the German Civil Code (BGB). ALPAMI expressly reserves the right to claim further damages.

Valid means of payment are MasterCard and Visa Card.

For each reminder issued after default, reminder fees of €15.00 shall be charged. The Guest is free to provide evidence that no such costs were incurred or that they were not incurred in the amount claimed.

4.4 Security

ALPAMI is entitled, upon conclusion of the contract or thereafter, to demand a reasonable advance payment or security deposit of up to €500.00. The amount of the advance payment or security deposit and the payment dates may be agreed in writing in the contract. ALPAMI is entitled, in the event of non-compliance with payment dates, to satisfy itself from the security deposit with regard to the agreed remuneration, e.g. by collecting the agreed remuneration via credit card.

The security deposit will be refunded after proper return of the Room and full settlement of all outstanding claims. ALPAMI reserves the right to deduct any claims for damages, cleaning costs, or other fees from the security deposit.

The Guest may only offset claims that are undisputed or have been legally established against ALPAMI.

5 Guest Data

To ensure communication with the Guest, ALPAMI requires the e-mail address, telephone number, and the correct first and last name of the main Guest. To verify the Guest's identity, ALPAMI is entitled to request a valid identification document at check-in (for domestic Guests, an identity card or passport; for foreign Guests, a passport), as well as valid credit card data.

If the Guest's identity cannot be unequivocally established due to missing or incorrect documents, ALPAMI is entitled to cancel the booking without the Guest being entitled to a refund of any payments already made.

Furthermore, the Guest authorises ALPAMI to send messages via the Guest's preferred channel informing them about their booking. This includes communication channels such as WhatsApp, SMS, etc.

In the event of a renewed pandemic, ALPAMI is permitted to comply with the current pandemic guidelines at the place of performance. ALPAMI is entitled to request appropriate evidence from the Guest (vaccination certificate, negative test result, or recovery certificate). If the requested evidence is not provided, ALPAMI is entitled to cancel the booking.

6 House Rules

The House Rules contain the following provisions:

• Smoking
• Pets
• Parties or Events
• Excessive Soiling
• Accommodation of Non-Booked Persons
• Excessive Noise
• Illegal Substances
• Modifications in the Room
• Commercial Photography, Film, or Videography
• Use for Other Purposes
• Theft
• Communication
• Damages
• Check-in & Check-out

A description and any applicable fees in case of breach of individual provisions are explicitly summarised in the House Rules. A breach of the House Rules constitutes a breach of duty entitling ALPAMI to issue an immediate ban from the premises and to terminate the accommodation contract without notice. Applicable fees and claims for damages remain unaffected.

The current valid version is available at any time on the ALPAMI website.

7 Provision & Return

7.1 Provision

The Guest does not acquire any claim to the provision of specific Rooms. Booked Rooms are available to the Guest from 3:00 p.m. on the agreed Arrival Day. ALPAMI is entitled, for compelling operational reasons, to provide an equivalent substitute Room.

7.2 Return

On the agreed Departure Day, the Room must be vacated and made available to ALPAMI no later than 11:00 a.m. For any unauthorised or unagreed use beyond this time, ALPAMI may claim compensation for use (price of the following night for the same Room type at the time of the breach of duty) as follows:

• Check-out by 12:00 p.m.: 25% of the price of the following night
• Check-out by 2:00 p.m.: 50% of the price of the following night
• Check-out by 4:00 p.m.: 75% of the price of the following night
• Check-out by 6:00 p.m.: 100% of the price of the following night
• Check-out after 6:00 p.m.: 150% of the price of the following night plus a processing fee of €50.00

The Room must be returned in the condition in which the Guest found it. The Guest must remove all personal belongings from the Rooms and dispose of any food brought in and excessive waste. In the event of a breach, ALPAMI is entitled to charge the Guest an increased cleaning fee, which is based on the amount of damage plus a processing fee of at least €50.00. These costs will be debited from the deposited means of payment without separate notice.

ALPAMI Rooms may be booked for a maximum continuous period of 182 days.

Should entire bottles of bathroom amenities be removed without ALPAMI's consent, ALPAMI is entitled to charge an additional fee of €50.00 and debit it from the Guest's means of payment.

8 Withdrawal

8.1 Withdrawal by the Guest

A binding booking exists once the Guest's payment has been received. A binding booking can be cancelled by the Guest exclusively in accordance with the cancellation conditions specified for the respective rate booked, and by stating the Booking ID.

The specific cancellation deadlines and conditions arise from the respective rate selected by the Guest during the booking process. These are transparently communicated to the Guest during the booking process and in the booking confirmation, and are decisive for the contract. ALPAMI reserves the right to offer different rates with different cancellation conditions (e.g. non-refundable, partially refundable, or flexible rates), as well as to introduce new rates, adjust existing rates, or discontinue them. For bookings already concluded, the cancellation conditions of the selected rate as agreed at the time of conclusion of the contract shall always apply.

The respective cancellation conditions may vary depending on location, period, Room type, and season. Only the conditions of the specifically selected rate, as displayed and confirmed at the time of booking, are decisive.

After expiry of the cancellation period applicable to the respective rate, withdrawal is excluded and ALPAMI retains the claim to the agreed remuneration less any saved expenses. The same applies in the event of the Guest's failure to appear (No-Show). For multi-night guaranteed bookings, in the event of failure to arrive, all subsequent nights from the second night onwards will be cancelled, and the Guest no longer has any claim to the subsequent nights.

Bookings for which payment has not yet been made by the Guest shall be valid until 12:00 p.m. on the Arrival Day. After 12:00 p.m., the reservation expires automatically and free of charge. ALPAMI is entitled to rent out the booked Room otherwise.

Regardless of the rate selected, the following principles apply:

• The arrival time is 3:00 p.m. on the booked Arrival Day.
• Cancellations must be made in text form, stating the Booking ID. Decisive for compliance with the cancellation deadline is the receipt of the cancellation declaration by ALPAMI.
• In the event of early departure by the Guest after check-in, a refund of the agreed price for all subsequent booked services is excluded.
• A partial refund outside the applicable cancellation conditions is granted exclusively as a gesture of goodwill and is at ALPAMI's sole discretion. There is no legal entitlement to such a refund.

If a right of withdrawal has already expired, no statutory right of withdrawal or termination exists either, and if ALPAMI does not consent to the cancellation of the contract, ALPAMI reserves the right to claim the agreed remuneration despite the Guest not making use of the service. For Rooms not used that ALPAMI was able to rent out otherwise, the income from the alternative rental and the saved expenses shall be credited to the Guest.

8.2 Withdrawal by ALPAMI

If an agreed or requested advance payment or security deposit is not paid even after the expiry of a reasonable grace period set by ALPAMI, ALPAMI is entitled to withdraw from the contract.

ALPAMI is further entitled to withdraw from the contract for objectively justified reasons, for example if:

• (a) force majeure or other circumstances beyond ALPAMI's control make the fulfilment of the contract impossible;
• (b) the Room is booked under misleading or false information regarding material contractual facts, for example those relating to the person of the Guest or the purpose;
• (c) the booked Rooms are used by a Guest other than the one stated in the booking process without prior knowledge of ALPAMI;
• (d) ALPAMI has reasonable grounds to believe that the use of the booked Rooms may endanger the peace of the premises, the security, or the public reputation of ALPAMI, without this being attributable to ALPAMI's sphere of control or organisation;
• (e) the Guest violates material obligations under this contract or the House Rules.

ALPAMI shall inform the Guest of the exercise of the right of withdrawal/termination immediately in writing. In the event of justified withdrawal by ALPAMI, the Guest shall not be entitled to any compensation.

9 Technical Equipment and Internet Use

The use of the Guest's own electrical devices via the Room's power supply is at the Guest's own responsibility. Any disturbances or damage to the Room's technical equipment caused by the use of such devices shall be at the Guest's expense, unless ALPAMI is responsible for them.

The Guest is prohibited from engaging in illegal file sharing via the internet connection provided by ALPAMI. This includes any uploading or downloading of copyrighted data in any form. The Guest shall be liable for all damages incurred by ALPAMI and/or the rights holder as a result of the Guest's infringement. ALPAMI is entitled to debit any costs incurred directly from the Guest's deposited means of payment.

The Guest is prohibited from passing on the access data for the internet connection to third parties. In the event of breach, the Guest shall be liable to ALPAMI for all damages caused by such disclosure of access data. ALPAMI further reserves the right to block the Guest's internet connection in the event of legal violations without prior notice.

10 Access to Rooms

ALPAMI is entitled to enter the rented Room for cleaning and laundry change purposes, and, in agreement with the Guest, for repairs, reading electricity and water meters, security inspections, and viewings in the context of a possible follow-up rental. ALPAMI shall inform the Guest of planned access times in a reasonable manner.

In the event of imminent danger and in cases of reasonable suspicion of a breach of these GTC or the House Rules, ALPAMI is also entitled to enter the Room without consultation with the Guest. In such cases, ALPAMI may also call in third parties (e.g. specialists, authorities).

11 Maintenance and Liability of the Guest

The Guest is obligated to treat the Room and its inventory, as well as the communal facilities, carefully and with due care, to prevent damage, and to ensure necessary ventilation and heating. In particular, the Guest must avoid excessive soiling, dispose of waste regularly and properly, and ensure a minimum level of order so that the agreed cleaning can be carried out without further ado and the Room can be kept in a clean and hygienically perfect condition by the standard cleaning measures performed within this framework.

ALPAMI is entitled to charge the Guest the costs of increased cleaning effort due to significantly excessive soiling or disorder. The minimum fee for increased cleaning effort is €80.00. In the case of particularly serious soiling (e.g. due to smoking, pets, or substances), the cleaning fee is at least €250.00, plus all costs actually incurred.

If the Guest does not fulfil their aforementioned obligations even after a warning in text form, ALPAMI is entitled to terminate the accommodation contract without notice.

The Guest is liable for all damage to the building or inventory caused by visitors, employees, or other third parties from their sphere or by themselves. In addition, the Guest is liable for all other damages and expenses for which they are responsible and which are incurred by ALPAMI due to improper use of the rented item or items brought in. This also includes costs incurred by ALPAMI due to the negligent triggering of fire alarm systems (smoke detectors), in particular costs of a chargeable fire brigade deployment. ALPAMI is entitled to debit any such costs from the Guest's deposited means of payment without separate notice.

The costs for the rectification of damages culpably caused will be determined by obtaining a cost estimate from a specialist trade company. Until the cost estimate is submitted, ALPAMI may collect a reasonable advance payment from the deposited means of payment.

The Guest is obligated to do what is reasonable to remedy the disturbance and to keep any potential damage to a minimum.

12 Liability of ALPAMI

ALPAMI is liable for damages it is responsible for arising from injury to life, body, or health, as well as for other damages based on intentional or grossly negligent breaches of duty by ALPAMI or on intentional or negligent breaches of typical contractual obligations by ALPAMI. A breach of duty by a legal representative or vicarious agent shall be deemed equivalent to a breach of duty by ALPAMI. Further claims for damages are excluded, unless otherwise regulated.

ALPAMI is liable to the Guest for items brought in according to statutory provisions. Should the Guest wish to bring in money, securities, or valuables with a value exceeding €500.00, or other items with a value exceeding €3,500.00, this requires a separate safekeeping agreement with ALPAMI.

If the Guest is provided with a parking space, even for a fee, this does not constitute a custody agreement. ALPAMI is not obligated to monitor the parking space. In the event of loss or damage to motor vehicles or bicycles, or their contents, parked or manoeuvred on the property, ALPAMI is only liable in cases of intent or gross negligence. The Guest is obligated to report any damage immediately, and obvious damage in any case before leaving the parking facility. ALPAMI is not liable for damages caused solely by other tenants or other third parties.

Messages, mail, and goods consignments for Guests will be handled with care; however, ALPAMI assumes no liability for them. ALPAMI undertakes the delivery, storage, and — upon request and for a fee — the forwarding of such items. A custody agreement is not concluded hereby.

ALPAMI assumes no liability for lost property, except in cases of liability due to intentional or grossly negligent breaches of duty by ALPAMI. Lost property will only be returned upon request and against a postage fee in the appropriate amount (depending on the destination of the shipment) and a processing fee of €15.00. ALPAMI undertakes to store such items for a period of six months.

13 Final Provisions & House Rules

The contract language is German; an English translation of the Terms and Conditions is also available. In the event of discrepancies between the language versions, the German version shall prevail.

These Terms and Conditions also include compliance with the House Rules, the current version of which is available on the ALPAMI website.

Amendments or additions to the contract, the acceptance of the application, or these Terms and Conditions for the rental of Rooms should be made in writing. Unilateral amendments or additions by the Guest are invalid.

The place of performance and payment is the registered office of the accommodation business. The exclusive place of jurisdiction — including for disputes concerning cheques and bills of exchange — is, if the Guest is a merchant, the registered office of ALPAMI Group GmbH. If a contractual party fulfils the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the registered office of ALPAMI shall be the place of jurisdiction.

German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict-of-laws rules is excluded.

Should individual provisions of these General Terms and Conditions and/or of the contract for the rental of Rooms be or become invalid or void, the validity of the remaining provisions shall not be affected. In such case, the statutory provisions shall apply.

The data protection provisions can be viewed at any time on the ALPAMI website.

Alp Ami Hospitality GmbH Finkenstraße 22 82166 Gräfelfing Germany