General Terms and Conditions for the Guest Accommodation Agreement

1. Scope

1.1. These terms and conditions apply to contracts for the temporary rental of apartments and all additional services and deliveries provided by the boarding house to the customer (hereinafter referred to as "guest"). The operator of the boarding house and contracting party is Modern Nomad Design Apartments GmbH (hereinafter referred to as "Mono" or "Boarding House").
1.2. Subletting or re-letting of the rented apartments as well as their use for purposes other than accommodation require prior written consent from Mono. The right to terminate the contract according to § 540 paragraph 1 sentence 2 BGB is waived. In the event of unauthorized use, particularly for commercial purposes, or unauthorized subletting or re-letting, Mono reserves the right to terminate the contract immediately. Any costs incurred due to unauthorized use or re-letting of the apartments will be borne by the guest. There is no entitlement to a refund of any payments already made.
1.3. The guest's general terms and conditions shall only apply if this has been expressly agreed upon in writing.

2. Contract Conclusion and Parties

2.1. The contract is concluded through the acceptance of the guest's reservation by Mono or, if services are provided without a prior reservation, through the provision of the apartments. If booking through Mono's website, the contract is concluded by clicking the "Available - Book Now!" button and following payment of the prepayment. The contract is concluded even without a written confirmation.
2.2. The contracting parties are Modern Nomad Design Apartments GmbH and the guest. If the booking was made by a third party on behalf of the guest, this third party is jointly liable with the guest for all obligations arising from the guest accommodation contract. By accepting the services, the guest acknowledges this obligation towards Modern Nomad Design Apartments GmbH.
2.3. The minimum age for a guest making a reservation is 18 years. Minors are not allowed to stay in an apartment without a legal guardian.

3. Services, Prices, Payment, Set-off

3.1. Mono is obliged to provide the apartments booked by the guest and to deliver the agreed-upon services.
3.2. The guest is obliged to pay the prices agreed upon or applicable for the apartments and any additional services utilized. This also applies to services provided by third parties and commissioned by Mono on behalf of the guest.
3.3. The agreed-upon prices include the applicable VAT at the time of contract conclusion. Local taxes, such as tourism taxes, are not included and are the responsibility of the guest.
If there is a change in VAT or the introduction, change, or abolition of local taxes after the contract has been concluded, prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between contract conclusion and fulfillment exceeds four months.
3.4. If payment on account is agreed upon, payment must be made within 14 days of receipt of the invoice, unless otherwise agreed.
3.5. Mono is entitled to request an appropriate advance payment or security deposit from the guest upon contract conclusion. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract. In the case of an online booking, the security deposit or advance payment indicated during booking becomes part of the contract. In case of late payment, the legal regulations apply.
3.6 In justified cases, such as payment arrears by the Guest or an expansion of the contract’s scope, Mono is entitled to request an advance payment or security deposit in accordance with Section 3.5, even after the contract has been concluded and up until the Guest’s stay begins, or to increase the amount to cover the full agreed payment.
3.7. Mono may also require an advance payment or security deposit during or at the start of the Guest's stay for existing and future claims arising from the contract, unless already provided for in Sections 3.5 and/or 3.6.
3.8. The Guest may only offset Mono's claims with undisputed or legally binding counterclaims.
3.9. The Guest agrees that the invoice may be sent electronically.
3.10. Mono reserves the right to charge the deposited payment methods for any fees incurred or contractual penalties after the fact.
3.11. The handling fee for lost and found items is EUR 10 plus shipping costs.
3.12. Mono reserves the right to demand immediate payment of any outstanding claims from the Guest at any time. In case of payment default, Mono is entitled to charge the applicable statutory default interest, currently 9%, or 5% in cases involving consumers, above the base interest rate, and to terminate the contract. Mono reserves the right to claim higher damages for delay.

4. Guest Cancellation / No-Show

4.1. A unilateral termination of the contract by the Guest is only possible if a right of withdrawal was expressly agreed upon in the contract or a statutory right of withdrawal or termination exists.
4.2. If a date for free cancellation of the contract has been agreed upon, the Guest may withdraw from the contract without triggering any payment or damage compensation claims by Mono up to that date. The Guest’s right to withdraw expires if they do not exercise it in written form by the agreed date.
4.3. If no right of withdrawal has been agreed upon, or if it has expired, and no statutory right of withdrawal or termination exists, Mono retains the right to the agreed remuneration despite the Guest’s failure to use the service. Cancellation or termination must be in writing. Mono must credit any income from re-renting the apartments and deduct saved expenses. If individual compensation is calculated, saved expenses may be calculated as 10% of the agreed price. Instead of individual compensation, Mono may claim damages according to the following compensation schedule:
4.3.1. Cancellation up to 28 days before the planned arrival date: 25% of the agreed price
4.3.2. Cancellation up to 14 days before the planned arrival date: 50% of the agreed price
4.3.3. Cancellation up to 7 days before the planned arrival date: 75% of the agreed price
4.3.4. Cancellation within 6 days of the planned arrival date: 90% of the agreed price

The Guest is free to prove that the above claim was not incurred or was incurred in a lesser amount.

4.4. If the Guest departs early, the resulting accommodation costs (price minus non-incurred costs) will be charged to the Guest if Mono cannot re-rent the apartment for the remaining booked period. If Mono can re-rent the apartment for part of the period, accommodation costs for the remaining period will be charged. Accommodation costs are 90% of the agreed price.
4.5. A refund of the agreed price for early departure is excluded after check-in. The same applies in cases of no-show.
4.6. A Guest who checks in on the planned arrival date loses the right to cancel free of charge or request a refund.
4.7. In the event of a no-show or early departure, Mono reserves the right to release the room for all following nights from and including the second night.
.8. If the Guest has booked through a booking platform (e.g., booking.com or Airbnb), the cancellation conditions specified on the platform apply.

5. Withdrawal by Mono

5.1. If the Guest is granted a free cancellation right within a certain period, Mono may withdraw from the contract within this period if there are inquiries from other guests for the booked rooms and the Guest does not waive their right to withdraw within a reasonable period when requested by Mono. This also applies if an option is granted, but the Guest is unwilling to make a firm booking upon request.
5.2. If an advance payment or security deposit agreed upon under Sections 3.5 and/or 3.6 is not made even after a reasonable grace period set by Mono, Mono is entitled to withdraw from the contract.
5.3. Mono may also withdraw from the contract for justifiable reasons, particularly if:
• Force majeure or other circumstances for which Mono is not responsible make it impossible to fulfill the contract.
• Apartments or rooms were booked under misleading or false information or by concealing essential facts; this could pertain to the Guest’s identity, solvency, or purpose of stay.
• Mono has justifiable reasons to believe that the use of the service could endanger the smooth operation of the business, the safety, or the public reputation of Mono, without this being attributable to Mono’s sphere of control or organization.
• The purpose or reason for the stay is illegal.
• There is a violation of the terms outlined in Section 1.2.
5.4. A justified withdrawal by Mono does not entitle the Guest to any compensation claims. If a claim for damages against the Guest arises from a withdrawal under Sections 5.2 or 5.3, Mono may lump-sum these damages, in which case Section 4.3 applies accordingly.

6. Apartment Availability, Handover, and Return

 

6.1. The Guest has no right to specific apartments unless this has been expressly agreed upon in written form.
6.2. All apartments may be occupied by the number of people specified in the booking. Any additional overnight guests must be registered in advance and are subject to an additional charge.
6.3. Booked apartments are available to the Guest from 3:00 PM on the agreed arrival date. The Guest has no right to an earlier availability.
6.4. On the agreed departure date, the apartments must be vacated and returned to Mono by no later than 11:00 AM. Mono may charge 50% of the full accommodation price (according to the price list) for late check-outs until 1:00 PM, and 90% from 3:00 PM. This does not create any contractual claims for the Guest. The Guest is free to prove that Mono incurred no or substantially lower claims for use.
6.5. The Guest agrees to arrange an apartment handover with Mono on the arrival day between 3:00 PM and 10:00 PM. In exceptional cases, a later handover may be arranged, provided Mono agrees.

7. Use of Apartments

7.1. The Guest is obligated to handle the apartment and all items carefully and properly. Excessive dirt or damage constitutes a contract violation. In such cases, Mono reserves the right to charge an additional cleaning fee of at least EUR 50, based on the condition of the apartment. It is irrelevant whether the dirt or damage occurred during the stay or after the Guest’s departure. If cleaning must be carried out by specialized services, the resulting costs will be charged to the Guest. Mono also reserves the right to claim additional compensation, particularly for lost income if the apartment cannot be rented temporarily due to the violation.
7.2. The Guest is liable for all damages caused by them or third parties, who are in the premises of Mono at the Guest's invitation, to the apartment, its inventory, or communal areas, beyond normal wear and tear. The Guest must report any damage immediately.
7.3. In case of damage (including minor negligence) or theft, Mono may charge the Guest for the damage, the necessary repair costs, and any resulting lost income. The Guest is also liable for third parties they invite onto Mono’s premises.
7.4. In addition to the damages mentioned in Section 7.3, damage or theft will be considered a contract violation and penalized with a fine of EUR 100 per case.
7.5. The Guest is required to check the apartment and its inventory upon arrival for completeness and functionality, using the provided inventory list. Any deficiencies must be reported to Mono immediately.
7.6. Keys provided to the Guest must not be given to third parties. The entry code for the building must not be shared. If the Guest loses a key, a fee of EUR 40 will be charged. If the resulting damage exceeds EUR 40, Mono reserves the right to claim appropriate compensation. This includes the replacement of the lock system, increased cleaning costs, or lost income due to the apartment being unavailable for rent. If the Guest cannot use services due to the loss of the key, they will not have any claims against Mono.
7.7. Smoking is prohibited in the apartments and throughout the building and will result in the immediate termination of the rental agreement. This ban includes all types of cigarettes, cigars, vaporizers, pipes, joints, or similar devices, regardless of the substances smoked or vaporized. Non-compliance will result in a cleaning fee of at least EUR 250. Mono reserves the right to claim additional damages, particularly for lost income if the apartment cannot be rented due to the violation.
7.8. The removal of smoke detectors or the unnecessary triggering of the smoke extraction system in the stairwell is considered a contract violation, leading to immediate termination of the rental agreement and a fine of EUR 250. There is no right to a refund of payments already made. Mono reserves the right to claim additional damages. If the Guest’s actions result in a false alarm and a subsequent fire department response, the Guest will bear the costs of the response and any resulting damages.
7.9. Pets are not allowed. Non-compliance will result in an additional cleaning fee of at least EUR 100. The owner is liable for any damages caused by their animals.
7.10. Noise must be avoided in the apartments. Quiet hours between 10:00 PM and 6:00 AM must be observed.
7.11. Events, parties, celebrations, or any loud gatherings of multiple people are not permitted in the apartments, the building, or on the entire property.
7.12. A violation of Sections 7.10 and/or 7.11 will result in a fine of EUR 250. Mono reserves the right to claim additional damages, particularly for lost income and cleaning costs arising from non-compliance.
7.13. Mono provides the Guest with internet access. Disruptions or outages cannot be entirely avoided. The Guest agrees to use the internet access in a lawful manner. In case of culpable violations, the Guest indemnifies Mono from all third-party claims and legal costs. It is prohibited to share access data with third parties. The Guest is liable for all damages resulting from unauthorized third-party access.
7.14. The apartments are regularly cleaned by the boarding house. The Guest is obligated to grant access to the cleaning staff and not to obstruct them. If the Guest refuses or obstructs the cleaning, this constitutes a contract violation, resulting in a fine of EUR 100, and Mono has the right to terminate the rental agreement immediately. There is no entitlement to a refund of payments already made.

8. Mono’s Liability

8.1. Mono is liable for damages resulting from injury to life, body, or health, for which it is responsible. It is also liable for other damages resulting from intentional or grossly negligent breach of duty by Mono, or from the intentional or negligent breach of contract-typical obligations. Contract-typical obligations are those necessary for the proper performance of the contract, and upon which the Guest can rely. Mono is also liable for the actions of its legal representatives or agents. Further claims for damages are excluded unless otherwise stated in this Section 7. If disruptions or defects occur in Mono's services, Mono will endeavor to remedy them upon being informed by the Guest. The Guest is obliged to contribute what is reasonable to rectify the disruption and keep potential damage to a minimum.
8.2. Mono is liable for items brought by the Guest according to legal provisions. Mono recommends using the in-room safe. If the Guest wishes to bring cash, securities, or valuables worth more than EUR 800 or other items worth more than EUR 3,500, a separate storage agreement with Mono is required.
8.3. If the Guest is provided with a parking space on Mono’s property, even against payment, this does not constitute a safekeeping agreement. Mono is only liable for the loss or damage of vehicles parked or maneuvered on the property, and their contents, under the provisions of Section 8.1, sentences 1 to 4.
8.4. Messages for Guests will be handled with care. Mono may, with prior arrangement with the Guest, accept, store, and – upon request – forward mail and merchandise for a fee. Mono is only liable under the provisions of Section 7.1, sentences 1 to 4.
8.5. Mono is not liable for damage, theft, or loss of items that occur in the laundry room or other publicly accessible areas of the building.

9. Data

9.1. Mono collects the Guest's name, email address, address, and phone number to facilitate communication with the Guest and fulfill its legal obligations.
9.2. Mono is entitled to request a valid identity document (ID card or, for foreign guests, a passport) and valid credit card details for identity verification. This applies to each individual overnight guest.
9.3. If the Guest's identity cannot be verified, Mono is entitled to cancel the booking with immediate effect and deny the Guest access to the apartment. There is no right to a refund of payments already made.

10. Final Provisions

10.1. Amendments and additions to the contract, the reservation confirmation, or these General Terms and Conditions must be in written form. Unilateral changes or additions are invalid.
10.2. If the Guest is a merchant or a legal entity under public law, the exclusive place of jurisdiction is Stuttgart. Mono may alternatively sue the Guest at the Guest's place of residence. The same applies to Guests who do not fall under sentence 1 if they are domiciled or reside outside an EU member state.
10.3. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.