With the booking, the guest offers to conclude an accommodation contract. If the bookedapartment is available, Josty Appartement-Vermietung will send the guest a reservation confirmation. Upon acceptance of the reservation made by the guest, an accommodation contract will be concluded between Josty Appartement-Vermietung (Barbara Elwardt) and the guest.
Offers of Josty Apartment Rental (Barbara Elwardt) regarding available apartments are subject to change and without obligation. Josty Apartment-Vermietung (Barbara Elwardt) may refuse to enter into an accommodation contract at its sole discretion.
There is no right to use the overnight accommodation service in a particular apartment. Josty Apartment-Vermietung (Barbara Elwardt) reserves the right to impose industry-standard restrictions such as minimum stays, booking guarantees or advance payments for certain dates.
A guaranteed reservation is available when the guest’s payment has been received in full. A guaranteed reservation may be canceled by the guest in accordance with the cancellation policy indicated, stating the reservation number in accordance with the following cancellation policy.
Cancellations must be made in writing and are possible under the following conditions:
For last minute reservations received on the day of arrival, the guest has one hour to make the payment according to §5.
The prices indicated by Josty Appartement-Vermietung (Barbara Elwardt) at the time of conclusion of the contract shall apply. The applicable prices are gross total prices and include all statutory taxes, fees and charges as well as cleaning costs, costs for linen, towels and consumables provided. Local taxes, such as city tax for tourist overnight stays, are not included and charged separately.
In the event of changes in the rates of taxes, fees and charges and the effective collection of new taxes, fees and charges unknown to the parties, Josty Appartement-Vermietung (Barbara Elwardt) reserves the right to adjust the prices accordingly. For contracts with consumers, this only applies if there are four months between the conclusion of the contract (booking confirmation) and the adaptation of the contract.
The price of the entire booked accommodation service is always to be paid in advance by the guest.
A set-off by the guest is excluded, unless the set-off relates to an undisputed or legally established claim Valid means of payment are MasterCard, Visa Card, bank transfer, PayPal cash payments are excluded.
Josty Appartement-Vermietung (Barbara Elwardt) reserves the right to charge the deposited means of payment with the outstanding amounts for subsequent charges due to additional services or violations of the General Terms and Conditions.
The guest agrees that, as a rule, an invoice will always be made available as a download or by e-mail. If the guest wishes the invoice to be sent by post, the delivery time may be extended due to home office regulations and for organisational reasons. Josty Appartement-Vermietung (Barbara Elwardt) also reserves the right to comply with the request for a company stamp or a signature on the invoice for the reasons mentioned above only after the corresponding processing time has elapsed.
A reserved apartment is available from 15:00 on the day of arrival and until 11:00 on the day of departure.
Unless otherwise agreed, the keys and, if applicable, code cards must be handed over to Josty Appartement-Vermietung (Barbara Elwardt) or a third party designated by the accommodation provider on the agreed day of departure or, if agreed, left in the apartment. In case of loss or non-return of a key or key card on departure, a fee of EUR40. 00 will be charged. Josty Appartement-Vermietung (Barbara Elwardt) remains entitled to demand compensation from the guest for any damage caused by this, if it exceeds the amount of EUR 40. 00. This includes the cost of replacing the locking system concerned if this is necessary for safety reasons.
Upon request and subject to availability, a late check-out can be arranged in advance with Josty Apartment-Rental (Barbara Elwardt). If Josty Apartment Rentals (Barbara Elwardt) agrees to late check-out, Josty Apartment Rentals (Barbara Elwardt) is entitled to charge a surcharge for the extra use of the apartment. Check-out after 16:00 will be charged the full daily rate of the apartment. There is no contractual right to late check-out.
Upon request and subject to availability, early check-in can be arranged in advance with Josty Apartment-Rental (Barbara Elwardt). If Josty Apartment Rentals (Barbara Elwardt) agrees to early check-in, Josty Apartment Rentals (Barbara Elwardt) is entitled to charge a surcharge for the extra use of the apartment. There is no contractual right to early check- in.
The resale/rental and/or the forwarding of booked apartments is prohibited. In particular, it is not permitted to resell dwellings and/or housing quotas to third parties at prices higher than the actual prices of the dwelling. The assignment or sale of the claim against Josty apartment rental (Barbara Elwardt) is also prohibited. Josty Apartment-Rental (Barbara Elwardt) is entitled to cancel the booking in such cases, in particular if the guest has given the third party incorrect information about the type of booking or payment at the time of the assignment/sale.
Any use of the apartment for non-accommodation purposes, in particular any commercial use by the guest, is expressly prohibited.
Josty Appartement-Vermietung (Barbara Elwardt) shall be liable without limitation for damage to life, body or health for which it is responsible. In addition, Josty Appartement- Vermietung (Barbara Elwardt) is liable for any other damage resulting from a wilful or grossly negligent breach of duty on the part of Josty Appartement-Vermietung (Barbara Elwardt). For simple negligence, Josty Appartement-Vermietung (Barbara Elwardt) is liable only and limited to the foreseeable damage typical of the contract, if an obligation is breached, the fulfilment of which enables the proper execution of the contract in the first place and the fulfilment of which you as a guest can regularly trust (cardinal obligation). A breach of duty of Josty Apartment-Vermietung (Barbara Elwardt) is equivalent to that of its legal representatives, employees or vicarious agents. Further claims for damages are excluded, unless otherwise stipulated in these General Terms and Conditions.
In the event of disturbances or defects in the services of Josty Appartement-Vermietung (Barbara Elwardt), Josty Appartement-Vermietung (Barbara Elwardt) shall endeavour to remedy the situation if the guest is aware of it or immediately reprimanded. The guest is obliged to do what is reasonable for him to correct the fault and to keep possible damage to a minimum. Furthermore, the guest is obliged to inform Josty Appartement-Vermietung (Barbara Elwardt) in good time about the possibility of an unusually high damage.
Josty Appartement-Vermietung (Barbara Elwardt) is liable for items brought in according to the statutory provisions. The claim lapses if the guest fails to report to Josty Appartement- Vermietung (Barbara Elwardt) immediately after becoming aware of the loss, destruction or damage of the item, unless such late notification has no effect on the clarification of the facts. If the guest wishes to bring money, securities and valuables with a value of more than EUR 800. 00 or other items with a value of more than EUR 3,500. 00 into the apartment, a separate written agreement with Josty Appartement is required.
All claims against Josty Apartment Rentals (Barbara Elwardt) are generally time-barred within one year from 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 Josty Appartement-Vermietung (Barbara Elwardt) or in the event of a breach of a cardinal obligation within the meaning of point 8a.
Josty Apartment Rental (Barbara Elwardt) assumes no liability for lost property. Excluded from this is liability due to intentional or grossly negligent breaches of duty of Josty Appartement-Vermietung (Barbara Elwardt). Lost items are returned only on request and subject to a handling fee of EUR 10. 00. The accommodation company undertakes to keep the documents for a period of six months.
To ensure communication with the guest, Josty Apartment-Vermietung (Barbara Elwardt) needs the e-mail address and telephone number. In order to verify the identity of the guest, Josty Appartement-Vermietung (Barbara Elwardt) is entitled to digitally request the following valid identification document (ID card or passport for domestic guests; passport for foreign guests) and valid credit card details at check-in.
If the identity of a guest cannot be established beyond doubt due to missing or incorrect documents, Josty Apartment-Vermietung (Barbara Elwardt) is entitled to cancel the booking.
Josty Apartment Rental (Barbara Elwardt) uses software solutions to avoid erroneous bookings. Based on the requested data (e-mail address, residential address, telephone number, credit card, etc. ), these solutions determine a so-called “fraud prevention score” for each guest and detect erroneous bookings. If the software detects such a booking, Josty Apartment- Vermietung (Barbara Elwardt) reserves the right to cancel the booking.
Josty Apartment Rental (Barbara Elwardt) is entitled to terminate the accommodation contract for good reason. An important reason is in particular: (i) Force majeure or other circumstances beyond the control of Josty Apartment-Leasing (Barbara Elwardt) make it impossible to perform the contract, (ii) apartments are booked culpably under misleading or false indication or withholding of material facts; (iii) Josty Apartment Rental (Barbara Elwardt) has reasonable grounds to believe that the use of the Service may endanger the smooth operation, safety or reputation of Josty Apartment Rental (Barbara Elwardt) and its locations in the public, without being attributable to the territory or the owner. (iv) the purpose or reason for the stay is unlawful; or (v) resale/lease and/or forwarding (see point 7).
Josty Apartment-Vermietung (Barbara Elwardt) must inform the guest immediately about the exercise of the right of withdrawal.
In the event of justified termination of the accommodation, the guest shall not be entitled to compensation.
The Josty Apartment Rental (Barbara Elwardt) Apartments are non-smoking apartments. Smoking is therefore prohibited in the common areas as well as in the guest apartments and balcony and/or terrace areas. In the event of a violation, Josty Appartement-Vermietung (Barbara Elwardt) is entitled to demand from the guest an amount of EUR 200. 00 as compensation for the cleaning costs to be paid separately. This amount of damages is higher if Josty Appartement-Vermietung (Barbara Elwardt) proves a higher damage.
It is prohibited to manipulate or block emergency exits, fire extinguishers or fire detectors. Violations are punishable by a fine of 150 €.
Parties are not allowed in the Josty Appartement-Vermietung (Barbara Elwardt) Apartments.
In case of contravention, Josty Appartement-Vermietung (Barbara Elwardt) is entitled to demand from the guest an amount of EUR 500. 00 as compensation for the cleaning costs to be paid separately.
This amount of damages is higher if Josty Appartement-Vermietung (Barbara Elwardt) proves a higher damage.
The guest undertakes to treat the apartment, the furnishings and the rooms, facilities and equipment intended for common use with care and to ensure proper ventilation and heating.
The guest also undertakes to check the furnishings for completeness and suitability for use and to inform the accommodation provider immediately of any complaints.
The guest is liable for all damages to the apartment, the furnishings and the rooms, facilities and equipment intended for common use, which he or his visitors have caused by culpable use and which are not due to normal wear and tear. Any damage to the rented apartment must be reported immediately by the guest Josty Apartment-Vermietung (Barbara Elwardt).
Josty Apartment-Rental (Barbara Elwardt) will rectify the reported defects immediately, the guest undertakes to grant access to the apartment to authorised service providers.
A reduction of the rental price due to serious defects that impair the functionality of the rental object is only considered if Josty Appartement-Vermietung (Barbara Elwardt) culpably fails to remedy the indicated defects immediately. Subsequent notification of defects does not in principle give rise to the right to a rent reduction.
The apartment will be cleaned only after the end of the guest’s stay by Josty Apartment Rental (Barbara Elwardt). For stays of more than 6 nights, there is weekly interim cleaning with change of linen. The guest will grant access to the apartment to the service provider commissioned by Josty Appartement-Vermietung (Barbara Elwardt).
Josty Apartment-Vermietung (Barbara Elwardt) provides the guest with Internet access within the existing technical and operational possibilities. Disruptions, e. g. due to force majeure, maintenance measures, delivery restrictions or interruptions by the provider or the like, cannot be excluded and do not constitute a claim for compensation by the guest.
The guest may not abuse the internet connection. Misuse occurs in particular in the following cases: Downloading and distributing copyrighted content via peer-to-peer sharing platforms, illegal streaming offers and posting, retrieving or transmitting content that is relevant to criminal law (in particular Sections 130, 130a, 131 and 184 StGB). The guest is obliged to observe the copyrights, patents, names, trademarks and personality rights of third parties. The guest shall indemnify Josty Appartement-Vermietung (Barbara Elwardt) on first request from all claims and claims for damages of third parties as well as from the costs of legal defense in a reasonable amount caused by unlawful use of the internet connection provided by the guest or by third parties with the knowledge of the guest.
The guest is not allowed to pass on the access data for the Internet connection to third parties. In case of infringement, the guest is liable to Josty Appartement-Vermietung (Barbara Elwardt) for all damages caused by the transmission of the access data.
Josty Apartment-Vermietung (Barbara Elwardt) also reserves the right to block the guest’s internet connection in the event of legal violations.
Changes and additions as well as the cancellation of the accommodation contract, the acceptance of the application or these General Terms and Conditions must be made in writing. This also applies to the cancellation of this written form clause. Unilateral changes or additions by the guest are ineffective.
Place of performance and payment is the seat of the accommodation establishment.
The exclusive place of jurisdiction in commercial transactions is the place of the accommodation establishment. If a contractual partner fulfils the requirements of § 38 para. 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the seat of the accommodation provider.
German law shall apply. The application of UN Sales Law and conflict of laws is excluded. Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected. For the rest, the statutory provisions apply.
The accommodation provider is neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration body.
