General Terms and Conditions (AGB)

I. Scope of application

1. These terms and conditions apply to contracts for the rental of apartments for accommodation, as well as all other services and deliveries provided by the company for the customer.
   2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the operator, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
   3. The customer’s terms and conditions shall only apply if this has been expressly agreed in writing in advance.

II Conclusion of contract, contract partners; limitation period

• The contract is concluded when UP-TO-US GmbH accepts the customer’s application. UP-TO-US GmbH, hereinafter also referred to as the “operator”, is free to confirm the booking in writing.
  2. The contractual partners are UP-TO-US GmbH and the customer. If a third party has ordered for the customer, he is liable to UP-TO-US GmbH together with the customer as joint debtor for all obligations arising from the accommodation contract, provided that the operator has a corresponding declaration from the third party.
  3. All claims against UP-TO-US GmbH are generally time-barred one year from the beginning of the regular limitation period of § 199 para. 1 BGB. Claims for damages are subject to a limitation period of five years irrespective of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by UP-TO-US GmbH.

III Services, prices, payment, offsetting

• UP-TO-US GmbH is obliged to keep the apartment/s booked by the customer available and to provide the agreed services.
  2. The customer is obliged to pay the applicable or agreed prices of UP-TO-US GmbH for the apartment rental and the other services used by him. This also applies to services and expenses of UP-TO-US GmbH to third parties arranged by the customer.
  3. The agreed prices include the respective statutory VAT. If the period between conclusion and fulfillment of the contract exceeds four months and the price generally charged by UP-TO-US GmbH for such services increases, UP-TO-US GmbH may increase the contractually agreed price appropriately, but by no more than 5%.
  4.The prices can also be changed by UP-TO-US GmbH if the customer subsequently wishes to change the number of apartments booked, the service or the length of stay of the guests and UP-TO-US GmbH agrees to this.
  5. Invoices from UP-TO-US GmbH without a due date are payable without deduction within 10 days of receipt of the invoice. UP-TO-US GmbH is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, UP-TO-US GmbH is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. UP-TO-US GmbH reserves the right to prove higher damages.
  6. UP-TO-US GmbH is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
  7. The customer can only offset or reduce a claim of UP-TO-US GmbH with an undisputed or legally binding claim.

IV. Withdrawal by the customer (i.e. cancellation) / non-utilization of the company’s services

1. bookings can be canceled free of charge up to 14 days before the day of arrival. Cancellations made later than this will be charged at 100% of the total amount. In case of no-show we are entitled to charge 100 % of the total amount.

• If UP-TO-US GmbH and the customer have agreed in writing on a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in writing vis-à-vis UP-TO-US GmbH by the agreed date, unless a case of withdrawal by the customer pursuant to No. 1 sentence 3 exists.
• UP-TO-US GmbH will offset the expenses saved for apartments not used by the customer.
• UP-TO-US GmbH is free to demand the contractually agreed remuneration and to make a lump sum deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation. The customer is free to prove that the above-mentioned claim did not arise or did not arise in the amount demanded.V. Withdrawal by the operator
  1. If the customer’s right to withdraw from the contract free of charge within a certain period has been agreed in writing, UP-TO-US GmbH is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked apartments and the customer does not waive his right to withdraw from the contract when asked by UP-TO-US GmbH.
  2. If an agreed advance payment or an advance payment demanded in accordance with Clause III No. 6 above is not made even after a reasonable grace period set by the operator has expired, UP-TO-US GmbH is also entitled to withdraw from the contract. UP-TO-US GmbH is also entitled to refuse performance and to be compensated for any damages incurred in this respect. Further claims remain reserved.
  3. furthermore, UP-TO-US GmbH is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if
  – force majeure or other circumstances for which the company is not responsible make it impossible to fulfill the contract;
  – apartments are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose;
  – UP-TO-US GmbH has reasonable grounds to believe that the use of the service may jeopardize the smooth operation, safety or public reputation of the company, without this being attributable to the company’s sphere of control or organization;
  – there is a breach of clause I no. 2 above.
  4. in the event of justified withdrawal by the company, the customer shall have no claim to compensation.
  5. supplementary special regulation of Covid-19, pandemic situation and force majeure:
  Reservations for apartment stays are made on the basis of the current Corona Protection Ordinance of the Free and Hanseatic City of Hamburg and the current Infection Protection Act. UP-TO-US GmbH will implement the requirements contained therein, in particular for health protection, distance rules and hygiene, in a suitable form and inform guests of this before the start of their stay. Should restrictions on the number of stays be imposed by the country, the company may, at its own discretion, cancel reserved stays or agree a rebooking with the guest. If the establishment cancels reserved stays, the guest is entitled to a refund of any payments already made. There are no further claims for damages by the guest from the lost stay.
  Due to the frequently changing conditions around Covid-19, you will always find the current hygiene measures and terms and conditions that apply on the day of arrival on our website. Due to the pandemic, these may change even after you have concluded your contract.

VI Apartment provision, handover and return

1. the customer acquires no claim to the provision of specific apartments.
2. booked apartments are available to the customer from 3 p.m. on the agreed day of arrival. The customer is not entitled to earlier availability.
3. On the agreed day of departure, the apartment must be vacated and made available to UP-TO-US GmbH by 11.00 a.m. at the latest. After this time, UP-TO-US GmbH may charge €75 for the late vacating of the apartment until 6.00 p.m. for its use in excess of the contract; after 6.00 p.m., 100% of the full accommodation price (list price) may be charged. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the company has no or a significantly lower claim to a usage fee.

VII Liability of the company

1 UP-TO-US GmbH is liable for its obligations arising from the contract with the diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if the company is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the company and damages based on an intentional or negligent breach of typical contractual duties by the company. A breach of duty by a legal representative or vicarious agent shall be deemed equivalent to a breach of duty by the company. Should disruptions or defects occur in the company’s services, UP-TO-US GmbH will endeavor to remedy the situation as soon as it becomes aware of them or upon immediate complaint by the customer. The customer is obliged to do what can reasonably be expected of him to remedy the fault and minimize any possible damage.
2. UP-TO-US GmbH is liable to the customer for items brought into the apartment in accordance with the statutory provisions, i.e. up to one hundred times the apartment price, up to a maximum of €3,500, and for money, securities and valuables up to €800. The liability claims expire if the customer does not notify the company immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). The above number 1 sentences 2 to 4 shall apply accordingly to any further liability of the company.

VIII Final provisions

1. amendments or additions to the contract, the acceptance of the application or these terms and conditions for admission shall be made in writing. Unilateral amendments or additions by the customer are invalid.
2. The place of performance and payment is the registered office of the company.
3. The exclusive place of jurisdiction – also for disputes concerning cheques and bills of exchange – in commercial transactions is the registered office of the company. If a contractual partner fulfills the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the company.
4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
5. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.