General Terms and Conditions of Business and Reservation
A. Scope of Application
Race & Rest Apartments provides the guest with the booked apartment, including the agreed equipment, for the agreed duration. These General Terms and Conditions of Business and Reservation (hereinafter referred to as “GTC”) govern all accommodation contracts for the rental of apartments as well as all related services provided by the provider to the guest.
B. Conclusion of Contract
- By booking an apartment, the guest submits an offer to Race & Rest Apartments to conclude an accommodation contract. If the requested apartment is available, the guest receives a corresponding booking confirmation depending on the type of booking (online, by e-mail, by telephone or on site). The contract between Race & Rest Apartments and the guest is concluded upon receipt of this confirmation or upon payment of the accommodation price, whichever occurs first.
- All offers from Race & Rest Apartments are subject to availability and are generally non-binding. The provider reserves the right to reject the conclusion of an accommodation contract without stating reasons.
- There is no entitlement to a specific apartment. The guest will receive an apartment of the booked category or an equivalent alternative.
C. Reservation, Rebooking and Cancellation
- Types of Reservation
The following terms distinguish two types of reservations:
– Non-guaranteed reservation: The guest reserves an apartment without making an advance payment or providing payment details.
– Guaranteed reservation: The guest secures the reservation by providing valid credit card details or by paying the full accommodation price in advance. - Cancellation by the Guest
The guest may cancel the reservation at any time before the start of the stay. The time at which the cancellation is received by Race & Rest Apartments is decisive for any cancellation fees. For evidentiary reasons, the guest is advised to cancel in writing. - Cancellation Fees
In the event of cancellation, Race & Rest Apartments may – taking into account saved expenses and the possibility of re-letting – charge a lump-sum compensation of 90% of the accommodation price. The guest may provide proof that Race & Rest Apartments has incurred no loss or only a significantly lower loss.
– From the 30th day before arrival (standard rate): 90%
– For non-refundable rates (from the booking date): 90%
– In case of no-show, cancellation on the day of arrival or late cancellation: 90% - No-show with Non-Guaranteed Reservation
If the guest does not arrive by 18:00 for a non-guaranteed reservation, the reservation expires automatically and the apartment will be released for sale again.
If the apartment can no longer be rented at the original price, Race & Rest Apartments may charge 90% of the accommodation price or the difference between the agreed and the achieved price.
For a guaranteed reservation, the apartment remains reserved regardless of the guest’s arrival time. - Multi-day Guaranteed Reservations
For guaranteed reservations over multiple days, in the event of a no-show the nights from the second night onward are automatically cancelled. There is no entitlement to the remaining nights. - Group Travel and Event Periods
For group bookings and stays during trade fairs, major events and event periods, the special regulations in Sections H and I apply. - Early-bird Rates
Reservations marked as early-bird rates are binding and cannot be cancelled or rebooked free of charge. Such reservations may only be made via the website of Race & Rest Apartments (www.raceandrest.de). The accommodation price is due immediately and is non-refundable.
In the event of cancellation, Race & Rest Apartments may charge a lump-sum compensation of 90% of the accommodation price, taking into account saved expenses and the possibility of re-letting. The guest may provide proof of lesser damage. - Online Payments
If the guest chooses to pay a reservation directly via an online payment system, subsequent rebooking or cancellation cannot be performed online. In such cases, the guest must contact Race & Rest Apartments directly.
D. Arrival and Departure
- Arrival and Provision of the Apartment
Race & Rest Apartments provides the booked apartment to the guest on the day of arrival – subject to availability – usually from 15:00, but no later than 16:00.
Access is either granted by handing over a key during check-in on site or via a key safe at the building, provided this has been agreed during the booking or prior to arrival. - Departure and Return of the Apartment
On the day of departure, the guest must vacate and return the apartment in proper condition no later than 10:00.
In case of delayed return, Race & Rest Apartments is entitled to charge 100% of the daily rate for the extended use.
The guest may provide proof that Race & Rest Apartments has incurred no or significantly less damage.
E. Conditions of Use
- Occupancy of the Apartment
Use of the apartment is permitted only to the persons named in the booking. The maximum occupancy of the booked category may not be exceeded. Children and infants count as full persons. - Unauthorized Transfer of the Booking
Passing on the booking to third parties as well as any resale, subletting or brokerage of the apartment is prohibited without the prior, explicit written consent of Race & Rest Apartments. - House Rules
The applicable house rules must be observed throughout the stay. They are available in each apartment and form part of the accommodation contract.
F. Accommodation Prices and Other Charges
- Accommodation Price
The accommodation price payable by the guest constitutes the fee for providing the apartment within the arrival and departure times specified in Section D. The full price is charged per night, regardless of whether the apartment is actually used. - Price Basis and Adjustments
The prices agreed upon at the time of contract conclusion or the price list valid at the time of booking apply.
If more than four months lie between the booking date and the arrival date, the provider may adjust prices if the costs relevant for calculation (e.g. energy, taxes, charges) have demonstrably increased. The adjustment is limited to the actual increase in costs. If the accommodation price increases by more than 10%, the guest has a free right of withdrawal. - Price Information
All prices listed in these GTC and in the respective reservation include the applicable VAT and all statutory taxes and charges, unless explicitly stated otherwise.
G. Payment Terms
- Due Date
The accommodation price and charges for additional services (e.g. parking, pet fees, or other services not included in the accommodation price) must be paid in full in advance no later than at arrival, irrespective of the invoicing date.
If payment is not made on time, Race & Rest Apartments may withdraw from the contract; in this case, the guest must vacate the apartment immediately. - Advance Payments and Security Deposits
Race & Rest Apartments may require an advance payment up to the total expected amount or a reasonable security deposit (e.g. credit card authorization) at the time of booking. - Payment Methods
Accepted payment methods: cash in euros, bank transfers, EC cards and the following credit cards: Visa, Mastercard, Girocard and American Express.
Other payment methods may be used only with prior approval from Race & Rest Apartments. - Set-off and Retention
The guest may only set off or assert a right of retention if the counterclaims are undisputed or legally established.
H. Special Terms for Group Travel
- Definition of a Group
A “travel group” comprises at least three fully payable apartments booked as part of a joint reservation. In addition to the general terms, the following apply: - Contact Person
A single contact person (“group coordinator”) must be named for the entire group when making the reservation. - Participant List
Before arrival, the group coordinator must provide Race & Rest Apartments with a complete list of all group participants. - Reservation Confirmation
The group coordinator receives a confirmation including all essential reservation details, check-in information, any required security deposits and payment conditions. Group reservations are always guaranteed reservations (C.1). - Payment of the Total Amount
The total amount for accommodations must be paid by bank transfer to the account listed in the reservation confirmation. Fees for international transfers must be settled in full upon arrival at the latest. - Due Date
Accommodation costs, including additional services, must be paid no later than 28 days before arrival. For reservations made later than 28 days before arrival, payment is due immediately.
If payment is not made on time or the credit card cannot be charged, Race & Rest Apartments may rent the apartments to others without any claims arising against the provider. - Cancellation
The cancellation terms in Section C.3 apply to group reservations. - Provision of Apartments
Race & Rest Apartments provides the apartments on the day of arrival according to availability, usually from 15:00, but no later than 16:00. - Security Deposit
Race & Rest Apartments may require a security deposit of up to €500 per group on arrival, particularly for additional services or possible damages. - Billing
Billing is carried out via collective invoices addressed to the group coordinator.
I. Special Terms for Trade Fair and Event Periods
- Information on Trade Fair and Event Periods
Race & Rest Apartments will inform the guest upon request and at the latest at the time of booking about dates of trade fairs, major events or other events. For bookings during these periods, the following special terms apply: - Reservation Types
During trade fair, major event and event periods, only guaranteed reservations are accepted. Non-guaranteed reservations are not permitted during these times. - Payment and Cancellation Conditions
The payment terms in Section G apply accordingly to bookings during trade fair and event periods.
The cancellation and modification terms from Section H.7 apply accordingly to changes regarding length of stay, apartment category or number of apartments booked.
J. Liability of Race & Rest Apartments
- Liability for Personal Injury and Property Damage
Race & Rest Apartments is liable for damages arising from injury to life, body or health to the extent attributable to the company.
For all other damages, Race & Rest Apartments is liable only for intentional or grossly negligent breaches of duty or breaches of essential contractual obligations.
Essential obligations are those whose fulfillment enables the proper execution of the contract and on which the guest may regularly rely.
A breach of duty by legal representatives or vicarious agents of Race & Rest Apartments is treated as equivalent. Further claims for damages are excluded unless expressly provided otherwise in this section. - Disruptions and Defects
If disruptions or defects occur in the services provided by Race & Rest Apartments, the company will remedy them as soon as it becomes aware or is notified without delay by the guest.
The guest must take all reasonable steps to eliminate the disruption and minimize possible damage. - Liability for Brought Items
Race & Rest Apartments is liable for items brought in by guests in accordance with statutory provisions (§§ 701 ff. BGB).
Money, securities or valuables exceeding €500 may only be stored in the apartment following a separate storage agreement. - Liability for Vehicles
If parking spaces are provided – even for a fee – no custody agreement is created.
In case of loss or damage to parked or maneuvered vehicles or their contents, liability is governed exclusively by Section J.1. - Mail and Deliveries
Incoming mail, messages or deliveries for guests are handled with care but without additional liability.
K. Theft and Damage
If theft, damage to the guest’s property, fire, water damage or any other damage occurs in the apartment, the guest must immediately inform the staff of Race & Rest Apartments.
The guest must take all reasonable steps to clarify the cause and limit the damage.
L. Pets
Bringing dogs and cats (“pets”) is only permitted if registered by the guest in advance.
For other species, the exact type must be inquired about at Race & Rest Apartments. In all cases, Race & Rest Apartments may refuse the acceptance of pets at any time without stating reasons.
A maximum of one pet is allowed per apartment. A fee will be charged for each registered pet, the amount of which will be communicated to the guest upon registration.
M. Termination of the Accommodation Contract
- Withdrawal in Case of Non-Payment
Race & Rest Apartments may withdraw from the contract if the guest does not make a due advance payment or security deposit (deposit) on time or in full. - Termination for Good Cause
Race & Rest Apartments may terminate the contract without notice during the stay, particularly if the guest:
– is under the influence of illegal drugs,
– uses the apartment for a commercial activity involving customer traffic,
– uses the apartment for prostitution, or
– harasses or insults staff or other guests despite repeated warnings.
N. Data Protection
- Use of Personal Data
Race & Rest Apartments informs the guest that personal data will be stored and processed for contract execution, customer care and own advertising purposes in compliance with applicable data protection laws, and may be passed on to affiliated companies or selected service providers. Race & Rest Apartments may use such companies to process data to the required extent.
- Right to Object
The guest may object at any time to the use of their personal data for advertising purposes. - Guest Rights
The guest’s rights to access, rectification, blocking or deletion of personal data remain unaffected. If no statutory storage obligations exist, the data will be deleted after the end of the accommodation contract and expiration of the statutory periods. - Photo and Advertising Rights
The guest is informed that photo and video recordings may be made at any time in the premises and outdoor areas of Race & Rest Apartments. Booked or occupied apartments will never be entered for recordings.
The recordings serve commercial purposes only, especially for marketing the apartments (e.g. website, social media, advertising materials). Identifiers, faces and other clearly personal features of guests or third parties will be obscured before publication to prevent direct identification. - Data Protection Information
Full data protection principles can be viewed at the company or on the website of Race & Rest Apartments. Further data protection inquiries may be directed to Race & Rest Apartments.
O. General Provisions
- Form Requirements for Amendments
Amendments or supplements to the accommodation contract, the acceptance of the application or these GTC must be made in text form. Unilateral amendments or supplements by the guest are invalid. - Severability Clause
If a provision of these GTC is invalid or unenforceable, the validity of the remaining provisions remains unaffected. - Applicable Law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. - Place of Performance and Jurisdiction
The place of jurisdiction for all disputes arising from this contract is, as far as legally permissible, the registered office of the provider. Mandatory legal jurisdictions, particularly for consumers, remain unaffected.