1. SCOPE & CONTRACTUAL PARTNER
1.1. These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts for the rental of apartments for accommodation purposes concluded between BROCKHEUS e.K. and third parties (guest), as well as to all other services and deliveries provided by the aforementioned company.
1.2. The guest’s contractual partner in Germany is BROCKHEUS e.K.
1.3. The customer's general terms and conditions shall only apply if this has been explicitly agreed upon in writing beforehand.
2. RESERVATIONS/BOOKING
2.1. By making a reservation, the guest accepts the conclusion of an accommodation contract. If the reserved apartment is available, the guest will receive a reservation/booking confirmation from BROCKHEUS e.K. Upon this confirmation, an accommodation contract between BROCKHEUS e.K. and the guest is formed.
2.2. Offers from BROCKHEUS e.K. regarding available apartments are non-binding and without obligation. BROCKHEUS e.K. reserves the right to refuse the conclusion of an accommodation contract at its discretion.
2.3. If the guest only books a category within the offered property, they have no claim to accommodation in a specific apartment/unit. BROCKHEUS e.K. reserves the right to apply industry-standard restrictions, such as minimum stays, booking guarantees, or deposits for specific travel dates.
3. CANCELLATION PERIODS/WITHDRAWAL BY THE CUSTOMER/NON-UTILIZATION OF SERVICES
3.1. A reservation is only guaranteed once the guest has made a payment to BROCKHEUS e.K. The guest may cancel the reservation according to the displayed cancellation conditions, providing the corresponding reservation number.
3.2. Cancellation conditions:
1) Cancellations made up to three (3) days before arrival are free of charge.
2) For cancellations made up to one (1) day before arrival, cancellation fees amounting to 80% of the booking value apply.
3) In the case of no-shows, the full booking value, including cleaning fees, is due. The guest has no right to a refund. The guest may submit a written explanation of the reason for the cancellation to BROCKHEUS e.K.
BROCKHEUS e.K. reserves the right to waive or partially refund cancellation fees at its discretion but is not obligated to do so.
3.3. Cancellation conditions for the extension of long-term stays (over 30 days): 1) Cancellations up to 12 days before the extension are free of charge. 2) Cancellations up to 3 days before the extension incur a fee of 60% of the booking value. 3) If no cancellation occurs, the stay is extended by the reserved or previously agreed-upon time. In this case, no refunds are possible.
3.4. If no right of withdrawal has been agreed upon or if it has already expired (the free cancellation period has passed), there is no statutory right to withdraw or terminate the contract. Should BROCKHEUS e.K. not agree to a contract termination, BROCKHEUS e.K. retains the right to the agreed payment, even if the service is not utilized or the cancellation is late. BROCKHEUS e.K. must account for any income from alternative rental of the apartment and saved expenses. If the apartment is not re-rented, BROCKHEUS e.K. may apply a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay 90% of the contractually agreed price for the accommodation. The customer is free to prove that the aforementioned claim has not arisen or is not owed to the demanded extent. Additionally, in the case of a no-show for guaranteed multi-night reservations, all subsequent nights are canceled starting from the first night, and the guest has no claim to the remaining nights.
3.5. For reservations made on the day of arrival, the guest is obligated to make payment according to §5 immediately, generally within one hour.
4. OVERNIGHT RATES & OTHER PRICES
The prices indicated by BROCKHEUS e.K. at the time of contract conclusion apply. These prices are gross and include all statutory taxes, fees, and charges. Local charges owed by the guest, such as tourist taxes, are not included.
5. PAYMENT TERMS & INVOICING
The price for the accommodation service booked by the guest must always be paid in advance. The exact due date for settling outstanding payments is stated on the invoice issued by BROCKHEUS e.K. Offsetting by the guest is excluded unless the claim is undisputed or legally established. Accepted payment methods are MasterCard, Visa, American Express, Sofortüberweisung /Klarna, PayPal, or regular bank transfer. Cash payments are not accepted. BROCKHEUS e.K. reserves the right to charge the payment methods provided for additional services used or breaches of the GTC. The guest expressly authorizes BROCKHEUS e.K. to do so. By making a reservation, the guest agrees to receive the invoice either as a download or via email.
6. Vouchers
A voucher purchased from BROCKHEUS can only be redeemed for services provided by BROCKHEUS. Any remaining balance from a payment made with the voucher will remain and can be used for future bookings. Vouchers cannot be returned, are non-transferable, cannot be resold, and cannot be redeemed for cash, either wholly or in part. The purchaser of the voucher is responsible for providing correct information (especially the email address) to which the voucher and invoice should be sent.
7. Usage of Reserved Apartments
A reserved apartment is available to the guest for the period specified in the booking. The keys, parking passes, and/or key cards provided by BROCKHEUS e.K. must be returned to BROCKHEUS e.K., a third party designated by BROCKHEUS e.K., or to the drop-off location in the apartment indicated by signage and/or communication from BROCKHEUS e.K. on the day of departure.
In the event of loss of a key, key card, or parking pass, or if these items are not returned, a fee of €75.00 will be charged. BROCKHEUS e.K. is also entitled to seek additional compensation for any damage incurred, should it exceed €75.00. This also includes the replacement of the affected locking system if required for security reasons. The guest is free to prove that BROCKHEUS e.K. has incurred less or no damage.
A late departure or early arrival (late check-out or early check-in) can be arranged upon request and availability between BROCKHEUS e.K. and the guest.
If BROCKHEUS e.K. agrees to a late check-out/early check-in, it is entitled to charge a fee for the additional use of the apartment, as follows:
- Up to 1 hour before regular check-in or after check-out: €10.00
- Up to 2 hours before regular check-in or after check-out: €15.00
- Up to 3 hours before regular check-in or after check-out: €25.00
- From 3 hours onwards, the overnight rate for that day applies.
If no agreement is reached, BROCKHEUS e.K. is entitled to charge a penalty fee of €80.00 for an early check-in or late check-out starting at 45 minutes. In this case, the guest owes not only the penalty fee but also compensation for any further damage caused. The guest is free to prove that BROCKHEUS e.K. has incurred less or no damage. The guest cannot claim a contractual right to a late check-out or early check-in.
8. Transfer, Subletting, Use
Subletting or re-letting of the booked apartment is prohibited. This specifically includes the re-letting of apartments or apartment allotments to third parties at prices higher than those listed by BROCKHEUS e.K. Similarly, the assignment or sale of claims against BROCKHEUS e.K. is not permitted. In such cases, BROCKHEUS e.K. reserves the right to cancel the reservation, especially if the guest has provided false information about the nature of the booking or payment during the assignment/sale to third parties.
The use of BROCKHEUS e.K. apartments for purposes other than accommodation is expressly prohibited. This particularly includes any commercial or illegal use.
Without explicit consent, the use of apartments for commercial photo or video shoots is also prohibited. BROCKHEUS e.K. reserves the right to cancel the reservation without refund and to evict the premises in the event of use for purposes other than accommodation.
9. Liability of BROCKHEUS e.K.
BROCKHEUS e.K. is liable for damages it is responsible for resulting from injury to life, body, or health without limitation. BROCKHEUS e.K. is also liable for other damages that result from intentional or grossly negligent breaches of duty by BROCKHEUS e.K. In cases of simple negligence, BROCKHEUS e.K. is only liable for typical, foreseeable damage, and only if an obligation is breached whose fulfillment enables the proper execution of the contract in the first place and on which the guest may rely (cardinal obligation). A breach of duty by BROCKHEUS e.K. is equivalent to one committed by its legal representatives, employees, or agents. Further claims for damages – unless otherwise regulated in these General Terms and Conditions – are excluded.
In the event of disruptions or deficiencies in BROCKHEUS e.K.'s services, BROCKHEUS e.K. will, upon immediate complaint by the guest or upon becoming aware of it, endeavor to provide a remedy. The guest is also obligated to contribute what is reasonable to resolve the disruption or deficiency and to minimize any potential damage. Furthermore, the guest is required to promptly notify BROCKHEUS e.K. of any possibility of significant damage.
BROCKHEUS e.K. is liable for items brought into the apartment according to legal provisions. Any claim by the guest expires if they do not notify BROCKHEUS e.K. immediately after becoming aware of the loss, destruction, or damage, unless a delayed notification has no impact on clarifying the matter.
In the case of money, valuables, or other items of value exceeding €500.00 or other items exceeding €3,500.00, a separate written agreement with BROCKHEUS e.K. is required. Otherwise, BROCKHEUS e.K. is not liable for the loss, destruction, or damage of these items.
No storage contract is established if BROCKHEUS e.K. provides a parking space to the guest, either for a fee or free of charge. This does not result in any duty of surveillance for BROCKHEUS e.K.
In the event of loss, theft, or damage to vehicles parked or maneuvered on the property and/or parking space provided, BROCKHEUS e.K. is only liable in cases of intent or gross negligence. The guest is obliged to report damages immediately. Obvious damage must be reported before leaving the parking space. BROCKHEUS e.K. is not liable for damages caused solely by other guests or third parties.
All claims against BROCKHEUS e.K. generally expire one year from the beginning of the statutory limitation period.
This does not apply to claims for damages or other claims resulting from injury to life, body, or health and/or due to grossly negligent or intentional breaches of duty by BROCKHEUS e.K., or in cases of breach of a cardinal obligation.
BROCKHEUS e.K. assumes no liability for lost property, except in cases of intentional or grossly negligent breaches of duty by BROCKHEUS e.K. BROCKHEUS e.K. is obliged to store lost property for a period of three months. After this period, the property will be disposed of.
10. Guest Data
BROCKHEUS e.K. collects and records the guest's email address and phone number to ensure communication. Additionally, BROCKHEUS e.K. is entitled to request a valid identification document during check-in, which will be processed digitally.
For domestic guests, this can be an ID card or passport, while for foreign guests, it is always a passport. If the identity of a guest cannot be verified due to missing or incorrect documents, BROCKHEUS e.K. reserves the right to cancel the booking.
To prevent fraudulent and harmful bookings, BROCKHEUS e.K. uses software solutions that generate a "fraud prevention score" based on the guest’s provided data (email address, phone number, credit card information, address) to detect fraudulent bookings. BROCKHEUS e.K. reserves the right to cancel any booking flagged by this system.
11. Termination of the Accommodation Agreement
BROCKHEUS e.K. reserves the right to terminate an accommodation contract for good cause. A good cause particularly exists if:
(a) Force majeure or other circumstances beyond BROCKHEUS e.K.’s control make the fulfillment of the contract impossible.
(b) BROCKHEUS e.K. has reasonable grounds to believe that the accommodation may endanger smooth business operations, security, or the reputation of BROCKHEUS e.K. without this being attributable to its control or organizational responsibilities.
(c) The booking was made based on misleading or false information or by concealing essential facts, such as the guest's identity, payment capacity, or the purpose of stay.
(d) The purpose or occasion of the stay is illegal or serves as a venue for prostitution.
(e) It involves a resale, subletting, and/or re-letting (see section 7).
BROCKHEUS e.K. must inform the guest immediately of its right to terminate the contract. In the event of a justified termination by BROCKHEUS e.K., no compensation claims will be accepted. If the termination is due to circumstances caused by the guest, BROCKHEUS e.K. reserves the right to cancel or refuse future bookings, even if already confirmed.
12. No Smoking Policy
All apartments of BROCKHEUS e.K. are non-smoking apartments. Smoking inside the apartments and in communal areas of BROCKHEUS e.K. is strictly prohibited. This applies to e-cigarettes, hookahs, tobacco heaters, and similar devices as well.
Smoking on balcony and/or terrace areas is only permitted if marked accordingly and with the door to the apartment closed.
In the event of a violation, BROCKHEUS e.K. has the right to claim damages for the additional cleaning costs, including any potential revenue losses due to the apartment being rendered unfit for further rental, in the amount of at least €250.00. This amount may be increased if BROCKHEUS e.K. can demonstrate a higher loss. The guest is free to prove that BROCKHEUS e.K. suffered lesser or no damage.
Tampering with or blocking emergency exits, fire extinguishers, or the fire/house alarm is prohibited. Violations are subject to a penalty of €150.00. BROCKHEUS e.K. is entitled to immediately terminate an active booking and evict guests from the property if it becomes aware of such violations. There will be no refund or partial refund in such cases. The guest may prove that BROCKHEUS e.K. suffered lesser or no damage.
BROCKHEUS e.K. buildings may be equipped with networked smoke detectors that are directly connected to the fire department or a security service's control center. Guests are fully liable for any intentional or negligent triggering of the fire alarm system (e.g., by violating the no-smoking policy), with a minimum liability equivalent to the actual incurred costs (e.g., fire department or security service fees).
13. Prohibition of Parties and Gatherings
Noise must be generally avoided in the booked apartment, common areas, and surrounding premises. Quiet hours are to be observed from 10:00 PM to 6:00 AM ("quiet times"), unless otherwise specified by house rules. Hosting parties and gatherings in the apartments or communal areas of BROCKHEUS e.K. is strictly prohibited.
In case of violations, BROCKHEUS e.K. has the right to claim damages for any additional cleaning costs, including potential revenue losses due to the apartment being unsuitable for further rental, amounting to €500. The right to claim further damages remains unaffected. The guest is free to prove that BROCKHEUS e.K. suffered lesser or no damage.
14. Damage or Unauthorized Removal of Inventory
If damage occurs during the stay that exceeds normal wear and tear, or if inventory is removed from the unit without authorization, BROCKHEUS e.K. is entitled to claim damages. This includes, in particular, the costs for repairing the damage, potential revenue losses from the apartment being unrentable, legal costs, and a processing fee of €100 per damage case. The guest is free to prove that BROCKHEUS e.K. suffered lesser or no damage.
15. Lost Property
BROCKHEUS stores items left behind by guests with a value of over €10 for up to 21 days before they are handed over to the city’s lost property office. Guests who report a lost item to BROCKHEUS will have their belongings returned immediately if found.
Guests may collect their items at BROCKHEUS’s headquarters (company location) or have them sent by mail. To cover the shipping costs, guests are required to provide a prepaid return shipping label via email or mail. For this service, BROCKHEUS charges a one-time fee of €10.
16. Pets
Pets are not allowed in the apartments and communal areas. Exceptions are guide dogs for the blind, hearing dogs, and comparable service animals. These can be brought along free of charge at any time, with proof provided. This proof must be submitted to BROCKHEUS e.K. before check-in.
BROCKHEUS e.K. may grant other exceptions at its discretion, but the guest has no claim to such an exception. If a pet is present in a unit without authorization, a special cleaning fee of €200 will be charged. BROCKHEUS e.K. reserves the right to terminate an active booking with immediate effect and evict the guest from the premises in case of a violation. No refund or partial refund will be provided in such cases.
The guest is free to prove that BROCKHEUS e.K. suffered lesser or no damage.
17. Maintenance
By booking an apartment with BROCKHEUS e.K., the guest agrees to treat the rented apartment as well as the communal rooms, facilities, and areas with care, ensuring adequate ventilation and heating, and avoiding excessive dirt. Should any dirt or damages beyond normal use occur during the guest's stay or after their departure, BROCKHEUS e.K. reserves the right to charge an additional cleaning fee of at least €75 (depending on the condition of the unit). The guest is free to prove that BROCKHEUS e.K. incurred lesser or no damage.
Furthermore, the guest is required to check the apartment's inventory for completeness and functionality upon arrival and to immediately report any deficiencies or complaints to BROCKHEUS e.K. The guest is liable for any damage caused to the rented apartment, its furnishings, or any communal rooms, facilities, and areas that they or their visitors cause through improper use and that is not attributable to normal wear and tear.
The guest must immediately report any damage to the rented apartment to BROCKHEUS e.K. For bookings longer than 14 nights, BROCKHEUS e.K. is entitled to conduct interim cleanings in coordination with the guest. The guest is obliged to grant access to the apartment for this purpose to BROCKHEUS e.K.'s service providers or employees.
18. Internet
Use BROCKHEUS e.K. provides the guest with internet access within the limits of the available technical and operational possibilities. Disruptions, for instance, due to force majeure, maintenance work, or similar issues, cannot be ruled out.
The guest must not misuse the internet connection. Misuse includes, in particular, the following actions: downloading and distributing copyrighted content via peer-to-peer sharing platforms, illegal streaming services, and uploading, retrieving, or transmitting content that is criminally relevant (especially under §§ 130, 130a, 131, and 184 of the German Criminal Code). The guest is obliged to respect the copyright, patent, name, trademark, and personal rights of third parties when using the internet. The guest shall indemnify BROCKHEUS e.K. on first demand from any third-party claims and damages as well as legal defense costs that arise from unlawful use of the internet connection by the guest or by third parties with the guest's knowledge. This indemnity particularly covers claims arising from the violation of copyright, patent, name, trademark, and personal rights, as well as data protection breaches.
The guest is prohibited from sharing the internet access credentials provided by BROCKHEUS e.K. with third parties. This also applies to the publication of such access credentials. In case of violation, the guest is liable for all damages resulting from the sharing of access credentials with third parties.
Moreover, BROCKHEUS e.K. reserves the right to block the guest’s internet access in case of legal violations.
19. Data Protection
The data protection regulations can be viewed at:
[https://brockheus.com/de/dataPrivacy](https://brockheus.com/de/dataPrivacy)
20. Final Provisions
Amendments, additions, and the termination 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 waiver of this text form requirement. Unilateral amendments or additions by the guest are ineffective.
The place of performance and payment is the location of the accommodation business. The exclusive place of jurisdiction for commercial transactions is the location of the accommodation business.
If a contracting party meets the requirements of § 38 (2) ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the location of the accommodation business.
German law applies. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law provisions are excluded. Should any provision of this contract be invalid or void, the validity of the remaining provisions shall not be affected. In place of the invalid/void provision, the parties shall agree on a provision that comes as close as possible to the intended purpose of the invalid/void provision. The same applies to filling any contractual gaps. The accommodation business is neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.
