GENERAL TERMS AND CONDITIONS

§1 General

(1) CAASA Living Holding GmbH (hereinafter referred to as “CAASA”) rents to the guest (hereinafter referred to as “guest”) the agreed room with the agreed amenities (hereinafter referred to as “room”) for the agreed length of stay. These General Terms and Conditions (hereinafter referred to as “GTC”) apply to accommodation contracts for the rental of rooms as well as all other services and deliveries of CAASA Living Holding GmbH rendered to the guest.

(2) In the following, CAASA and the guest will be referred to collectively or individually as “contracting parties” or “contracting party”.

§2 Contract conclusion and contents of the accommodation contract

(1) If available, the guest of CAASA receives a confirmation of reservation either by e-mail or fax, by phone or on-site personally, depending on the reservation option (online/by e-mail, telephone or on-site ). The accommodation contract between CAASA and the guest is concluded with the receipt of the reservation confirmation by the guest.

(2) The guest is reminded that reservation numbers, which it receives from third parties (e.g. internet portals or tourist associations), are not identical with the reservation number of CAASA. The CAASA reservation number can be requested by the guest on site.

(3) Offers from CAASA to conclude an accommodation contract are non-binding. CAASA may, at its sole discretion, decline to conclude an accommodation contract with a guest.

(4) The guest is not entitled to the assignment of a specific room. The guest only has a claim to the provision of a room in the room category booked by the guest.

(5) Access to wireless internet, use of coffee bars, water and beer flat-rate, the use of all community areas, cleaning service, such as a coliving manager as a contact person, and 24-hour security service are included in the booking of a room in the Coliving Space.

§3 Arrival and departure

1) CAASA provides the guest the room in the agreed room category and the amenities on the day of arrival according to availability, usually from 14:00, but no later than 15:00. For access to the Coliving Space and the room, guests will receive an access code or key upon check-in either at the front desk or through online check-in.

2) On the day of departure, the guest must vacate the room by no later than 11:00 and return it undamaged. After this time, CAASA may charge the guest a late departure fee due to the delayed vacating of the room. The guest is permitted to prove that CAASA has suffered no damages or only considerably lesser damages.

§4 Terms of use

1) Only the persons designated in the reservation are entitled to use the room. The maximum occupancy for the respective room category may not be exceeded. Children over 12 years count as adults.

2) The subletting or re-letting or other use of booked rooms is prohibited, unless otherwise expressly agreed in writing.

3) During the stay in the Coliving Space, the guest must observe the house rules applicable to this location. The house rules are adapted to each individual location and can, therefore, vary depending on the location. The current house rules can be requested at your location.

§5 Accommodation prices and other prices

1) The overnight accommodation price to be paid by the guest is a consideration for the provision of the room by CAASA within the arrival and departure times stated in § 3. A full nightly rate will be charged per night, regardless of the actual use or overnight stay of the guest.

2) The agreed prices or the prices of CAASA valid at the time of the conclusion of the contract apply. CAASA has the right to increase or decrease the room prices if more than four months have elapsed between the time the guest makes the reservation and the date of arrival. With a price increase of more than 5%, the guest is entitled to a right of withdrawal. This excludes increases in statutory taxes, fees, and charges.

3) The prices and amounts stated in these terms and conditions and in the reservation are understood to include the respectively valid value added tax as well as all legal taxes, fees, and charges unless this is expressly stated otherwise.

§6 Payment terms

1) The overnight accommodation prices and the prices for additional services (such as breakfast, pet fees and all other requirements not expressly stated in the accommodation contract as part of the room price) are payable in advance at the latest upon arrival of the guest at the Coliving Space, regardless of the date of invoicing – How do you actually pay? Advance/transfer, cash/credit card. In case of late payment, CAASA is entitled to terminate the accommodation contract, after which the guest has to vacate the room.

2) Without prejudice to § 6 1), CAASA is entitled to require the guest already at the time of reservation, to provide an advance payment on the accommodation costs up to the amount of the expected total invoice amount or an adequate security in the form of a deposit by credit card.

3) CAASA accepts cash payments in euros, bank transfers, EC and Maestro cards and the following credit cards: Visa, Mastercard, Eurocard, Diners, JCB, UnionPay, China Union Pay and American Express. Other means of payment are only permitted with the consent of CAASA.

4) Set-off and exercise of rights of retention by the guest against claims of CAASA from the accommodation contract are only permitted with undisputed or legally established claims.

§7 Reservation, cancellation

The following terms, “simple reservation” and “guaranteed reservation”, are distinguished by the fact that the guest only orders a room for the simple reservation, while in the guaranteed reservation the guest additionally guarantees payment by specifying credit card details.

1) The term “cancellation” means the withdrawal of the guest from the accommodation contract.

2) If the guest does not show up in the Coliving Space by 18:00 with a simple reservation, the reservation will be forfeited and the reserved room will be made available to others. With a guaranteed reservation, the reservation of the room is maintained even after 18:00 for the guest.

3) The guest can cancel simple and guaranteed reservations 18:00 on the day of arrival free of charge. Cancellations of guaranteed reservations made after 18:00 on the day of arrival are not permitted and will not lead to termination of the accommodation contract. In this case, the guest remains obliged to pay the first night’s room price minus 10% for saved expenses. The same applies if the guest does not show up on the day of arrival without canceling the reservation. The guest is free to prove that the saved expenses of CAASA are higher.

4) For multi-day guaranteed reservations, all nights after the second night will be canceled if the guest is a no-show. The guest is in principle not entitled to the subsequent nights.

5) For group travel and reservations at trade fair and event times, the special conditions contained in no. § 8 and § 9 apply.

6) Reservations at prices that are marked as special/discount rates are binding and cannot be rebooked or canceled free of charge. The price of the room will be charged directly upon reservation and is non-refundable. In case of cancellation or no-show, the guest will only be reimbursed for expenses of 10% of the overnight stay. The guest is free to prove that the saved expenses of CAASA are higher.

7) If the guest decides to pay for an online reservation directly by means of an online payment system, then a rebooking or cancellation of the reservation online is no longer possible. The guest must contact the Coliving Space directly in case of a change or cancellation request.

§8 Special conditions for tour groups

1) The term “tour group” below refers to a group of at least 5 full paying guests who have a joint reservation. By way of derogation from or in addition to the above provisions, the following applies to a tour group:

2) At the time of booking, a contact person (“responsible person”) must be named to CAASA for the tour group.

3) Before the arrival of the tour group, a list of names with all participants is to be presented to CAASA.

4) Upon reservation, CAASA receives a confirmation of reservation with the essential details of the recorded reservation, information about the check-in and, if necessary, about the deposit and other terms of payment.

5) The total amount of accommodation shall be paid by bank transfer to CAASA’s bank account, by credit card or online payment as stated in the reservation confirmation or communicated by CAASA to the responsible person after completing the reservation. Fees for overseas transfers are to be paid in full at the latest upon arrival at the Coliving Space.

6) The accommodation costs of the tour group including costs for ancillary services as per no. 6 1) are due in advance, at the latest 28 days before the day of arrival, or, if the reservation is later than 28 days before the arrival date, are immediately payable, regardless of the date of invoicing. If no payment has been made by the due date, CAASA is entitled to otherwise rent the room reserved for the tour group or the respective guest (without prior information to the guest), without the guest being able to derive any claims against CAASA.

7) The tour group can cancel or change their reservation free of charge up to 28 days before the day of arrival. Later cancellations and changes are only possible with the consent of CAASA. In this case, the cancellation fee is the overnight stay minus 10% for saved expenses. The travel group is free to prove that the saved expenses of CAASA are higher.

8) CAASA shall provide the group with their rooms on the day of arrival, subject to availability, usually from 14:00 but no later than 15:00.

9) CAASA is entitled to demand a security from the responsible person of up to € 500 per tour group on arrival of the tour group in the Coliving Space, in particular for any ancillary services within the meaning of no. § 6 1), as well as any damage, suffered…

10) The tour group will receive a collective invoice from CAASA, which is handed over to the responsible person.

§9 Special conditions for trade fair and event times

1) Trade fairs and event times are always communicated by CAASA to the guest on request, at the latest on the reservation. Notwithstanding or supplementing the above provisions, the following applies to trade fair and event times:

2) For overnight stays, only guaranteed, but not simple, reservations are possible.

3) The accommodation costs including costs for ancillary services as per no. 6 1) are due in advance, at the latest 28 days before the day of arrival, or, if the reservation is later than 28 days before the arrival date, are immediately payable, regardless of the date of invoicing. If no payment has been made by the due date, CAASA is entitled to otherwise rent the room reserved for the guest (without prior information to the guest), without the guest being able to derive any claims against CAASA.

4) The guest can cancel or change the reservation free of charge until 28 days before the day of arrival. Later cancellations and changes are only possible with the consent of CAASA. In this case, the cancellation fee is the overnight stay minus 10% for saved expenses. The guest is free to prove that the saved expenses of CAASA are higher.

§10 Liability

1) CAASA is liable only for intent and gross negligence. In the event of slight negligence, CAASA is only liable for breach of essential contractual obligations. Essential contractual obligations are those which enable the proper execution of the contract and on the fulfillment of which the guest relies and may rely.

2) For slight negligence – also of its vicarious agents – CAASA shall only be liable for breaches of such duties which are of central importance to the performance of the contract (essential contractual obligations). In the event of slight negligence, liability is limited to the typically foreseeable and immediate damage (e.g. no loss of profit).

3) The above limitation of liability does not apply to injury to life, limb or health, liability based on a negligent breach of duty by CAASA or a willful or negligent breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise stipulated in this no. § 10.

4) In the event of disruptions or defects in the services of CAASA, CAASA shall endeavor to remedy the situation if it becomes aware of it or is immediately informed of it in a complaint by the guest. The guest is obliged to contribute to what is reasonable to remedy the disturbance and to minimize possible damage.

5) CAASA is liable to the guest in accordance with the statutory provisions (cf .§§ 701 ff. BGB). If the guest wishes to bring money, securities or valuables with a value of more than € 800 or anything with a value of more than € 3,500 to the Coliving Space, this requires a separate retention agreement with the Coliving Space.

6) The guest is liable for all damage to the Coliving Space, the rented rooms, and the building as well as the associated facilities, insofar as they have been caused by the guest. This also applies to damage caused by visitors or other persons who are in the Coliving Space at the invitation of the guest, even if the damage is done without fault.

7) The guest undertakes to treat the rented rooms, the rented furnishings, and the common premises, land and building parts, facilities and equipment with care. The guest is obligated to a general consideration of CAASA as well as the co-guests and co-users of the building and neighbors.

8) Insofar as the guest is provided with a parking space in the Coliving Space Garage or in the Coliving Space Car Park, also for a fee, this does not constitute a safekeeping contract. In the event of loss of or damage to vehicles parked or stored on the Coliving Space property, as well as their contents, CAASA shall only be liable in accordance with no. § 10 1.

9) Messages, mail, and consignments for guests are handled with care.

§11 Theft and damages

In the event of theft or damage of the guest’s belongings, as well as in the event of a fire, water damage or other damage to the room, the guest shall promptly inform the Coliving Space personnel and do everything reasonable to assist in the theft investigation or help with the elimination of the damage.

§12 Pets

The bringing of dogs and cats (hereinafter referred to as “pets”) requires prior notification by the guest; for other animals, it is necessary to provide an exact species description at CAASA, whereby CAASA can in all cases refuse consent at any time and without stating any reasons. The guest may bring a maximum of one pet for single rooms and two for double rooms. For each pet brought, an additional charge of 15 € per night must be paid; CAASA will communicate the amount to the guest upon arrival.

§13 Termination of the accommodation contract

1) CAASA is entitled to withdraw from the accommodation contract if the guest does not pay the advance payment owed by it or the deposit owed by it on time and in full.

2) CAASA is entitled to terminate the accommodation contract if the guest is under the influence of illicit drugs during the stay in the Coliving Space, uses the room for the purpose of carrying out a business activity involving customer traffic, uses the room for prostitution, or Coliving Space personnel or other Coliving Space guests are repeatedly insulted despite admonishment.

§14 Privacy protection

1) The guest is advised that personal data will be stored about the guest, for the purpose of contract execution, customer support, and promotions under consideration of the Federal Data Protection Act by CAASA, and transmitted to CAASA-affiliated companies and selected third-party service providers. CAASA shall be entitled to use affiliated companies as well as selected third-party service providers for data processing and to forward, store and process personal data according to this section with these companies.

2) Furthermore, the rights of the guest to information, correction, blocking or deletion of personal data stored by CAASA shall remain unaffected. Insofar as no legal regulations oppose, the personal data of the guest will be deleted after termination of the accommodation contract and expiry of the legal retention periods.

3) The complete data protection principles of CAASA are available from CAASA Living Holding GmbH, Oberwallstraße 6, 10117 Berlin, Germany as well as on the homepage www.caasaliving.com. For further questions on data protection, please also contact CAASA at the aforementioned address.

§15 Usage behaviour for the internet

(1) CAASA maintains internet access via WIFI in the building. The guest is entitled to share the WIFI access to the internet. The guest does not have the right to allow third parties to use the WIFI. Use takes place by means of access security. The access data may not be passed on to third parties.

(2) The guest may not use the WIFI access for unlawful purposes (e.g. illegal downloads or uploads) and indemnifies CAASA comprehensively from claims of third parties due to an illegal use of the WIFI access upon the first request. §

§16 Final provisions

(1) CAASA reserves the right to change these GTC at any time without giving reasons. The changed GTC will be sent to the guest by e-mail no later than two weeks before their entry into force. If the guest does not object to the validity of the new GTC within two weeks of receipt of the e-mail, the changed GTC shall be deemed accepted. In the event of an objection, CAASA is entitled to terminate the contractual relationship without notice.

(2) Multiple persons as a guest are liable for all obligations under the accommodation contract as joint and several debtors. For the legal validity of a declaration by CAASA, it is sufficient if it is given to a guest.

(3) The place of fulfillment and jurisdiction is Berlin.

(4) Verbal side agreements to the accommodation contract have not been made by the contracting parties.

(5) Changes and additions to the accommodation contract between the contracting parties require the written form to be legally effective. This also applies to the amendment or repeal of this written form clause.

(6) Should individual provisions of these GTC be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions of these GTC. In lieu of the invalid or unenforceable provision, the contracting parties shall agree in writing on the legally permissible and enforceable provision that comes as close as possible to the economic and legal purpose pursued by the invalid/unenforceable provision. This shall also apply if the invalidity or unenforceability is based on a measure of performance or time prescribed in these provisions. In this case, the contracting parties shall agree on a legally permissible measure of performance or time which is as close as possible to the agreed upon one, in place of the measure agreed in these provisions.

(7) The contracting parties are aware of the case law of the Federal Court of Justice, according to which so-called “separability clauses” in certain cases only lead to a reversal of the burden of proof, and agree against this background expressly that § 139 BGB is altogether waived with the present regulation (and not merely in the sense of reversing the burden of proof).