General Terms and Conditions (GTC)

  1. SCOPE & CONTRACTING PARTIES

These General Terms and Conditions, hereinafter GTC, apply to all contracts for the rental of apartments, flats and rooms for accommodation purposes (hereinafter rental property) concluded between Württembergische Immobilien Management und Service GmbH (hereinafter ALFA WORK) and third parties (guest), as well as to all further services and deliveries provided by the aforementioned companies.

The customer’s general terms and conditions shall only apply if expressly agreed in advance in text form.

 

  1. RESERVATIONS/BOOKING

By making a reservation/booking, the guest offers to conclude an accommodation contract. Subject to the availability of the booked rental property, the guest receives a reservation/booking confirmation from ALFA APARTMENTS. This confirmation establishes an accommodation contract between ALFA WORK and the guest.

ALFA WORK reserves the right to cancel simple reservations – that is, reservations for which no payment by the guest has yet been made – at any time, provided the guest has failed to meet their payment obligation on time even after being requested to do so by ALFA APARTMENTS. The same applies to bookings that can be cancelled free of charge and whose cancellation period has expired, provided no payment has been made by the guest at that time. In such cases, ALFA WORK is entitled to rent out the reserved apartment to another party. Furthermore, ALFA WORK is entitled to invoice the guest for the booking price.

Offers by ALFA WORK regarding available rental properties are non-binding and subject to change. ALFA WORK is free to decline the conclusion of an accommodation contract at its own discretion.

Insofar as the guest books only a category within an offered property, the guest has no claim to the use of the accommodation service in a specific unit. ALFA WORK reserves the right to apply industry-standard restrictions such as minimum stays, booking guarantees or deposits for certain travel dates.

 

  1. CANCELLATION PERIODS/GUEST’S WITHDRAWAL/NON-USE OF SERVICES

Only upon payment by the guest to ALFA WORK does a guaranteed reservation exist. This may be cancelled by the guest free of charge in accordance with the stated cancellation conditions, quoting the relevant reservation number. Where no property-specific cancellation period has been agreed, this period is 30 calendar days prior to the first day of the reservation.

If a right of withdrawal has not been agreed or has already expired (expiry of the free cancellation period), if no statutory right of withdrawal or termination exists, and if ALFA WORK does not consent to a cancellation of the contract, ALFA WORK retains its claim to the agreed remuneration despite the non-use of the service or late cancellation. ALFA WORK must credit income from renting out the property to another party as well as saved expenses. If the rental properties are not rented out to another party, ALFA WORK may calculate the deduction for saved expenses on a flat-rate basis. In this case the customer is obliged to pay 100% of the contractually agreed price for the accommodation. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount demanded. In addition, in the case of no-show by the guest for multi-day guaranteed reservations, all further nights from the first night onward shall be cancelled and the guest has no claim to the subsequent nights.

For reservations made on the day of arrival, the guest must make payment for the stay in accordance with Section 5 immediately, as a rule within one hour.

 

  1. ACCOMMODATION PRICES & OTHER PRICES

The prices stated by ALFA WORK at the time of conclusion of the contract shall apply.

Applicable and stated prices are gross prices and include all statutory taxes, fees and duties.

Local charges owed by the guest themselves, such as tourist taxes, are not included.

 

  1. PAYMENT TERMS & INVOICE

The price for the accommodation service booked by the guest is always to be paid in advance by the guest.

Set-off by the guest is excluded, unless the set-off concerns an undisputed or legally established claim.

Accepted means of payment are MasterCard, Visa, American Express, Sofortüberweisung/Klarna, PayPal or regular bank transfer.

Cash payment is not accepted.

ALFA WORK reserves the right to charge the stored payment methods with amounts for additional services used or for violations of these General Terms and Conditions. The guest expressly authorises ALFA WORK to do so.

A reservation entails the guest’s consent to receive their invoice as a download or via e-mail.

 

  1. USE OPTIONS FOR RESERVED RENTAL PROPERTIES

A reserved rental property is available for the period determined after booking.

The keys, parking permits and/or key cards provided by ALFA WORK are to be left on the day of departure with ALFA WORK, with a third party named by ALFA WORK, or at the storage location within the apartment indicated by ALFA WORK by signage and/or message.

In the event of loss of a key, a key card or a parking permit, as well as failure to return these items, a fee of EUR 40.00 shall be incurred. ALFA WORK is further entitled to demand additional compensation from the guest for the damage thereby incurred where the damage exceeds EUR 40.00. This also includes the replacement of the affected locking system where this is necessary for security reasons. The guest is free to prove that ALFA WORK incurred less or no damage.

A later departure (late check-out) may be agreed between ALFA WORK and the guest on request and subject to availability.

If ALFA WORK consents to the late check-out, ALFA WORK is entitled to charge EUR 10.00 for each commenced hour for the additional use of the apartment. Where consent is lacking, ALFA WORK is entitled to charge EUR 30.00 for each commenced hour. In the case of a departure more than 3 hours after the originally agreed check-out, the full accommodation price of the apartment shall be charged where ALFA WORK has consented. Where consent is lacking, the guest owes, in addition to the full accommodation price, compensation for the further damage arising. The guest is free to prove that ALFA WORK incurred less or no damage.

The guest cannot derive any contractual claim to a late check-out.

An earlier arrival (early check-in) may be agreed between ALFA WORK and the guest on request and subject to availability.

If ALFA WORK consents to the early check-in, ALFA WORK is entitled to charge EUR 10.00 for each commenced hour for the additional use of the apartment. The guest cannot derive any contractual claim to an early check-in.

Transfer, subletting, use

The subletting or re-brokering of the booked apartment is prohibited. This includes in particular the re-brokering of the apartments or of apartment contingents to third parties at prices higher than those stated by ALFA APARTMENTS.

Likewise, an assignment or sale of claims against ALFA WORK is not permitted.

In these cases ALFA WORK is entitled to cancel the reservation, in particular where the guest has made untrue statements to third parties about the type of booking or the payment in connection with the assignment/sale.

The use of ALFA WORK apartments for purposes other than accommodation is expressly prohibited.

This includes in particular any commercial or illegal uses.

Without explicit consent, the use of the apartments for photo or video recordings is likewise prohibited. In the event of use for reasons other than accommodation, ALFA WORK reserves the right to cancel the reservation without refunds and to vacate the rental property.

 

  1. LIABILITY OF ALFA WORK

ALFA WORK is liable without limitation for damage attributable to it arising from injury to life, body or health. ALFA WORK is likewise liable for other damage based on an intentional or grossly negligent breach of duty by ALFA APARTMENTS.

In the case of simple negligence, ALFA WORK is liable only and limited to the contractually typical, foreseeable damage, where a duty is breached whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the guest may rely (cardinal duty).

A breach of duty by ALFA WORK is equivalent to that of its legal representatives, employees or vicarious agents.

Further claims for damages – unless otherwise regulated in these General Terms and Conditions – are excluded.

In the event of disruptions or defects in the services of ALFA WORK, ALFA WORK will endeavour to provide a remedy upon the guest’s immediate complaint or upon becoming aware of the issue.

The guest is likewise obliged to contribute what is reasonable to remedy the disruption or defect and to keep any resulting damage to a minimum.

Furthermore, the guest is obliged to draw ALFA WORK’ attention immediately to the possibility of significant damage arising.

ALFA WORK is liable for items brought in in accordance with statutory provisions. Any claim by the guest lapses if they do not report it to ALFA WORK immediately after gaining knowledge of loss, destruction or damage, with the exception that a late report has no effect on the clarification of the facts.

In the case of bringing in money, valuables or other precious items exceeding a value of EUR 800.00, or other items exceeding a value of EUR 3,500.00, a separate written agreement with ALFA WORK is required. Otherwise, liability of ALFA WORK for loss, destruction or damage to these funds or items is excluded.

No safekeeping contract is established where a parking space is provided to the guest by ALFA WORK for a fee or free of charge. This does not result in any monitoring obligation for ALFA APARTMENTS.

In the event of loss, theft or damage to motor vehicles parked or manoeuvred on the property and/or on the parking space provided, or damage caused by them, ALFA WORK is liable exclusively in cases 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.

ALFA WORK is not liable for damage caused solely by other guests or other third parties.

Any claims against ALFA WORK generally become time-barred within one year from the statutory commencement of the limitation period. This does not apply to claims for damages or other claims arising from injury to life, body or health and/or from a grossly negligent or intentional breach of duty by ALFA WORK, nor in the case of breaches of a cardinal duty.

ALFA WORK assumes no liability for lost property. Excluded from this is liability based on intentional or grossly negligent breaches of duty by ALFA APARTMENTS. Lost property is returned only on request against payment and an additional processing fee of EUR 15.00.

ALFA WORK undertakes to store lost property for a period of six months. Thereafter it is disposed of.

 

  1. DEPOSIT

To secure all claims of ALFA WORK against the guest arising from the accommodation contract, ALFA WORK is entitled to collect the following security/deposit from the guest prior to handing over the apartments:

For a stay of less than three months, a deposit of EUR 250.00.

For a stay of three to six months, a deposit in the amount of one monthly accommodation price.

In the case of a stay of less than three months, ALFA WORK is entitled to effect the deposit/security by means of a pre-authorisation of the means of payment to settle the security.

If the guest does not provide the deposit/security, they have no claim to the stay in the apartment.

If ALFA WORK has nevertheless handed over the apartment to the guest, ALFA WORK is entitled to terminate the accommodation contract without notice if the deposit is not provided within a reasonable grace period to be set.

ALFA WORK is obliged to settle the deposit within one month after the end of the accommodation contract.

 

  1. CUSTOMER DATA

ALFA WORK collects and records, as a mandatory requirement, the e-mail addresses and telephone number of the guest to ensure communication.

Likewise, ALFA WORK 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 always a passport.

Should the identity of a guest not be able to be established beyond doubt due to missing or false documents, ALFA WORK is entitled to cancel the booking.

ALFA WORK is entitled to cancel a guest’s booking should the identity of a guest not be able to be established beyond doubt due to missing or false documents.

 

To prevent fraudulent and harmful bookings, ALFA WORK uses software solutions that, by means of the data requested from the guest (e-mail address, telephone number, credit card data, address), determine a “fraud prevention score” for each guest in order to detect fraudulent bookings.

ALFA WORK reserves the right to cancel a booking flagged accordingly by the system.

 

  1. TERMINATION OF THE ACCOMMODATION CONTRACT

ALFA WORK reserves the right and is entitled to terminate an accommodation contract for good cause.

In particular, good cause exists where

  1. a) force majeure or other circumstances not attributable to ALFA WORK render the performance of the contract impossible
  2. b) ALFA WORK has justified reason to assume that the use of the accommodation service may endanger the smooth business operation, the security, or the public image or reputation of ALFA WORK and its locations, without this being attributable to the sphere of control or organisation of ALFA WORK
  3. c) bookings are made culpably under misleading or false statements or by concealing material facts; material facts may include, but are not limited to, the identity of the guest, their solvency or the purpose of the stay
  4. d) the purpose or occasion of the stay is unlawful or serves the purpose of prostitution
  5. e) in the case of resale or subletting and/or re-brokering (see Section 7)

ALFA WORK must notify the guest immediately of the exercise of the right of termination.

 

The guest has no claim to damages in the event of justified termination by ALFA APARTMENTS.

If termination by ALFA WORK occurred due to a circumstance for which the guest is responsible or for a reason pursuant to the above Section 1, ALFA WORK is entitled to cancel or decline the guest’s future bookings as well, even if these have already been confirmed by ALFA APARTMENTS.

 

  1. VOUCHERS

A voucher purchased from ALFA WORK can only be redeemed for services provided by ALFA APARTMENTS. Where residual credit remains after payments with the voucher, this remains in place and can be used for further bookings. Vouchers cannot be returned, they are not resellable 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 the e-mail address) to which the voucher and the invoice are to be sent.

 

  1. SMOKING BAN / OTHER

All ALFA WORK rental properties are non-smoking properties. Smoking in the rental properties as well as in the communal areas of ALFA WORK 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 where correspondingly marked and with the door to the rental property closed.

In the event of a violation, ALFA WORK has the right to demand from the guest compensation for the separately necessary cleaning costs, including any loss of revenue resulting from the impossibility of reasonably renting out the rental property, in the amount of at least EUR 250.00. This compensation amount shall nevertheless be set higher where ALFA WORK proves higher damage. The guest is free to prove that ALFA WORK incurred less or no damage.

Manipulating or blocking emergency exits, fire extinguishers or the fire/building alarm is prohibited. Violations may incur a penalty fee of EUR 150.

This also applies to the manipulation or switching off of security and decibel sensors within the rental property.

ALFA WORK is entitled to terminate an active booking with immediate effect and to remove guests from the premises where it obtains knowledge of violations under points 1 and 2. There is no claim to any refund or partial refund in these cases. The guest is free to prove that ALFA WORK incurred less or no damage.

Networked smoke detectors that are directly connected to the control centre of the fire brigade or a security service may be present in ALFA WORK buildings. For the intentional or negligent triggering of the fire alarm system (for example due to a violation of the smoking ban), the guest is liable in full, but at least in the amount of the costs actually incurred (for example deployment costs of the fire brigade or security service).

 

  1. PROHIBITION OF PARTIES AND GATHERINGS

As a matter of principle, noise is to be avoided in the booked rental property, the communal areas of use and the surrounding grounds. Night-time quiet is to be observed from 10:00 p.m. to 7:00 a.m. (“quiet hours”), unless different times are specified by the house rules.

The holding of parties and gatherings in ALFA WORK rental properties and communal areas is strictly prohibited.

In the event of a violation, ALFA WORK has the right to demand from the guest compensation for the separately necessary cleaning costs, including any loss of revenue resulting from the impossibility of reasonably renting out the rental property, in the amount of EUR 500.00. The right to further damages remains unaffected. The guest is free to prove that ALFA WORK incurred less or no damage.

Sensors for decibel measurement may be installed in ALFA WORK rental properties.

These sensors do not record voices or conversations but serve to detect excessive volume.

In communal areas of ALFA WORK, i.e. corridors or other communal areas, sensors for decibel measurement may likewise be installed, as may active video surveillance which records 24/7 and stores the recordings in a cloud environment.

ALFA WORK is entitled to terminate an active booking with immediate effect and to remove guests from the premises where it obtains knowledge of violations under points 1 and 2. There is no claim to any refund or partial refund in these cases. The guest is free to prove that ALFA WORK incurred less or no damage.

ALFA WORK reserves the right to engage the services of a third party, for example a security service, to enforce its house rights.

Any costs incurred through the intervention of a third party are passed on to the guest.

 

  1. DAMAGE OR UNAUTHORISED REMOVAL OF INVENTORY

Should damage beyond contractual use occur during the accommodation, or should inventory be removed from the unit without authorisation, ALFA WORK 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 rental property, costs of legal prosecution plus a processing fee of EUR 50 for such a damage case. The guest is free to prove that ALFA WORK incurred less or no damage.

 

  1. PETS

Bringing (domestic) animals into rental properties and communal areas is not permitted. Exceptions are guide dogs, hearing dogs and other comparable service dogs. These may be brought along free of charge and at any time upon proof.

The corresponding proof is to be submitted independently to ALFA WORK before check-in.

ALFA WORK is entitled to make further exceptions to the aforementioned principle. The guest has no claim to this. If a pet is present in a unit without authorisation, a flat-rate special cleaning fee of EUR 150.00 shall be charged by ALFA APARTMENTS.

ALFA WORK is entitled to terminate an active booking with immediate effect and to remove guests from the premises where violations of point 1 are present. There is no claim to any refund or partial refund in these cases. The guest is free to prove that ALFA WORK incurred less or no damage.

 

  1. MAINTENANCE

By booking a rental property from ALFA WORK, the guest undertakes to treat the apartment provided, as well as the rooms, facilities and installations intended for communal use, with care and consideration, to ensure adequate ventilation and heating, and to avoid gross soiling. Where soiling occurring during the guest’s stay or after their departure goes beyond normal use, ALFA WORK 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 is free to prove that ALFA WORK incurred less or no damage.

Furthermore, the guest undertakes to check the furnishings of the rental property for completeness and fitness for use upon occupancy and to report any defects and complaints to ALFA WORK immediately.

The guest is liable for all damage to the apartment provided, the furnishings and the rooms, facilities and installations intended for communal use, which they or their visitors have culpably caused through use in breach of contract and which is not attributable to normal wear and tear.

The guest must report all damage arising to the apartment provided to ALFA WORK immediately.

Bringing and operating one’s own large appliances – in particular air conditioners, fan heaters, washing machines, dryers or comparable devices – is prohibited without prior consent from ALFA WORK in text form. ALFA WORK may permit operation on a case-by-case basis in text form. For permitted operation, a usage fee of at least EUR 5.00 per device and day, calculated from the start of use, shall be charged due to the increased electricity, maintenance and monitoring effort. If such a device is operated without prior consent, ALFA WORK is entitled to charge the same usage fee of at least EUR 5.00 per device and day for the duration of operation; ALFA WORK is further entitled to prohibit operation, to terminate the active booking with immediate effect and to remove the guest from the premises (Section 10). There is no claim to any refund or partial refund in these cases. The guest is free to prove that ALFA WORK incurred less or no effort.

Any structural or technical modification of the rental property, in particular interventions in windows, walls, electrical or sanitary installations, requires prior consent from ALFA WORK in text form.

In the event of a violation, ALFA WORK is entitled to demand restoration at the guest’s expense and to claim damages pursuant to Sections 13 and 15.

 

  1. INTERNET USE

Within the scope of the existing technical and operational possibilities, ALFA WORK provides the guest with internet access. Disruptions, for example due to force majeure or maintenance work or the like, cannot be excluded.

The guest may not use the internet connection improperly. Improper use exists in particular in the following cases: downloading and distributing copyright-protected content via peer-to-peer sharing platforms, illegal streaming offers, as well as posting, retrieving or transmitting content relevant under criminal law (in particular Sections 130, 130a, 131 and 184 of the German Criminal Code). The guest is obliged to observe the copyright, patent, name, trademark and personality rights of third parties when using the connection. The guest shall indemnify ALFA WORK on first demand against all claims and claims for damages by third parties as well as against the costs of legal defence in a reasonable amount, which have been caused by an unlawful use of the internet connection provided by the guest or by third parties with the guest’s knowledge. This indemnification claim covers in particular claims arising from the infringement of copyright, patent, name, trademark and personality rights as well as data protection violations.

Passing on the access data for the ALFA WORK internet connection to third parties is prohibited for the guest. This also applies to the publication of any access data. In the event of a violation, the guest is liable to ALFA WORK for all damage arising from the passing on of the access data.

Otherwise, ALFA WORK reserves the right to block the guest’s internet connection in the event of legal violations.

 

  1. DATA PROTECTION

The data protection provisions can be viewed at:

https://www.alfa-work.com/en/privacy

 

  1. FINAL PROVISIONS

Amendments and additions, as well as the cancellation of the accommodation contract, the acceptance of the offer, or these General Terms and Conditions, require text form. This also applies to the cancellation of this text form clause. 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 in commercial dealings is the registered office of the accommodation business. Insofar as a contracting party meets the requirements of Section 38 (2) of the German Code of Civil Procedure and has no general place of jurisdiction in Germany, the registered office of the accommodation business shall apply as the place of jurisdiction.

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

Should present or future provisions of this contract be wholly or partially invalid or lose their legal validity, this shall not affect the validity of the remainder of the contract. The invalid provision is to be replaced by a legally valid provision that comes closest to the intended purpose.

The accommodation business is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.