General terms and conditions

Midori-Guesthouse GmbH
Gerhart-Hauptmann-Straße 28
69221 Dossenheim, Germany

1. SCOPE OF APPLICATION

1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all reservations, bookings, and agreements concerning the temporary provision of accommodation (categories of accommodation available at https://www.midori-apartments.de/ — hereinafter “Accommodation” or “Apartment”), as well as to any ancillary services provided in connection with the provision of such accommodation, as rendered by Midori-Guesthouse GmbH (hereinafter referred to as the “Operator”) to the “Customer.”

1.2. Customers may be both natural persons (consumers) and natural or legal persons acting in the course of their commercial or self-employed professional activity (entrepreneurs) upon conclusion of the contract.

1.3. Only the Operator’s GTC shall apply. By making a booking, the Customer expressly agrees to the exclusive application of the Operator’s GTC. Any general terms and conditions of the Customer shall only apply if expressly agreed to in advance in text form. The inclusion of deviating or supplementary terms and conditions of the Customer shall be valid only with the explicit written or text-form consent of the Operator.

1.4. The Customer is hereby informed that, in the event of booking via third-party providers, additional general terms and conditions of such third-party providers may apply.

2. CONCLUSION OF THE CONTRACT

2.1. The accommodation contract (“Accommodation Agreement”) between the Customer and the Operator is concluded upon acceptance of the booking by the Operator. Upon request, the Operator shall issue the Customer with a corresponding booking confirmation. If, due to a short-notice booking, it is no longer possible to issue a separate booking confirmation, acceptance of the booking — and thus the conclusion of the Accommodation Agreement — shall be deemed to have taken place implicitly through the performance of the contractually agreed services (e.g., provision of the accommodation).

2.2. The contracting parties are the Customer and the Operator. If a third party makes the booking on behalf of the Customer, the Customer and such third party shall be jointly and severally liable to the Operator for all obligations arising from the Accommodation Agreement.

3. SERVICES, PRICES, TERMS OF PAYMENT, SECURITY DEPOSIT

3.1. The Operator is obligated to provide the category of accommodation booked by the Customer or an equivalent alternative, and to deliver the services agreed upon. The Customer is obligated to pay the agreed price (see Section 3.2) for the provision of the accommodation and any additional services utilised.

3.2. Unless otherwise stipulated in these GTC, in an individual contractual agreement, or in the booking confirmation, the prices stated on the Operator’s website at the time of the Customer’s booking shall apply, inclusive of statutory VAT.

3.3. For contract conclusions made via a third-party website, the prices indicated on that third party’s platform shall apply.

3.4. Unless expressly agreed otherwise in the booking confirmation, payment of the agreed price for the booked accommodation and/or the additional services is due upon check-in or upon booking of the respective additional service. The Operator may require advance payment, which shall be due immediately upon receipt of the booking confirmation. Any advance payment made shall be credited towards the total amount payable.

3.5. For long-term stays exceeding 30 calendar days, the price for the first month is payable immediately upon check-in. The price for each subsequent month shall be payable no later than the close of business on the third banking day of that month.

3.6. In the event of delayed payment by the Customer, statutory default interest pursuant to Section 288 (1), (2) of the German Civil Code (BGB) shall apply. If the Customer is not a consumer, Section 288 (5) BGB shall apply.

3.7. For each reminder issued following payment default, the Operator may charge the Customer a dunning fee of EUR 5.00.

3.8. The Operator reserves the right to charge the Customer’s registered method of payment for any additional services booked. The Customer expressly authorises the Operator to do so.

3.9. Should the Customer subsequently request amendments to the confirmed booking (e.g., duration of stay, dates, or type of accommodation), the Operator does not guarantee the feasibility of such changes. Additional costs may be incurred if the rates for nights in the revised booking differ from those of the original booking. All change requests must be submitted to the Operator in writing or in text form.

3.10. Subletting or re-letting of the accommodation, as well as use for purposes other than accommodation, requires the prior written consent of the Operator.

3.11. The Operator provides Customers with internet access via Wi-Fi and the use of an underground parking facility. Use of these facilities is included in the agreed price for the booked accommodation category.

3.12. For rental periods exceeding 30 calendar days (long-term stays), the Operator requires a security deposit in the form of a cash deposit or an unconditional guarantee of a credit institution or insurance company authorised as a customs and tax guarantor in the Federal Republic of Germany, in the following amounts: EUR 500.00 for two-room apartments, EUR 1,000.00 for three-room apartments, and EUR 1,500.00 for four-room apartments (the “Security Deposit”). The Security Deposit serves as the Operator’s security for any claims arising out of or in connection with the Accommodation Agreement. If the booking is extended, the Operator may require an increased Security Deposit.

4. CHECK-IN AND CHECK-OUT TIMES

4.1. Check-in on the day of arrival is possible between 3:00 p.m. and 9:30 p.m. During this period, the Customer must take possession of the booked accommodation. The Customer has no entitlement to early provision but may request this from the Operator. Unless a later arrival time has been expressly agreed, the Operator reserves the right to allocate the booked accommodation to another guest after 9:30 p.m., without the Customer being entitled to any compensation.

4.2. Check-out must be completed by the Customer by no later than 11:00 a.m. on the agreed departure date. In the event of delayed vacating of the apartment, the Operator may charge the equivalent of the daily rate for the booked accommodation category.

5. DUTY OF CARE AND CUSTOMER’S LIABILITY FOR DAMAGE TO THE OPERATOR’S PROPERTY

5.1. The Customer shall be liable to the Operator for any damage to the Operator’s property caused culpably, in accordance with statutory provisions. The Customer shall also be liable for damages to the building or its inventory caused by visitors, employees, or other third parties within their sphere of responsibility.

5.2. During the stay, the Customer is responsible for treating the Operator’s property and communal areas with care and for preventing damage. In particular, the Customer must avoid excessive soiling, dispose of waste properly on a regular basis, and maintain order so that the agreed weekly cleaning can be carried out without obstruction. Cleaning takes place between 8:00 a.m. and 2:00 p.m. The Customer agrees to grant access to the Operator or its service providers during this time and not to delay or obstruct the cleaning. These services are included in the price of the booked accommodation category. The Operator may charge the Customer for additional cleaning required due to excessive dirt or disorder caused by the Customer.

5.3. The Operator’s premises are strictly non-smoking. If smoking occurs within the accommodation, the Customer shall bear the costs for cleaning and any repairs required due to resulting damage.

5.4. The Customer is not permitted to make any structural alterations or modifications to the accommodation during their stay.

5.5. The Customer is entitled to use leisure facilities (which may be subject to fees, e.g., sauna or lounge area) in the adjacent Midori Guesthouse and must treat such facilities with care.

6. CANCELLATIONS AND “NO-SHOW” POLICY

6.1. Cancellations by the Customer must be made in writing or in text form and received by the Operator according to the following deadlines to be free of charge:

• a. Bookings for 1–29 nights (short-term): up to 7 days before the arrival date.
• b. Bookings for 30 nights or more (long-term): up to 14 days before the arrival date.

Cancellations received after these deadlines require payment of the full price, less saved expenses. It is presumed that saved expenses amount to 10% of the agreed price, so 90% remains payable. The Customer may prove higher savings.

6.2. A “No-Show” occurs if the Customer does not arrive by the end of check-in on the arrival date stated in the booking confirmation and has not cancelled within the applicable cancellation period. If the Customer does not appear and has booked multiple days, all remaining days will be cancelled without entitlement to a refund.

6.3. In the event of a cancellation made after the deadlines specified in the cancellation policy, the Operator shall retain the right to full payment of the agreed remuneration notwithstanding the non-utilisation of the service. The contractually agreed total price shall be payable in full (100%) immediately on the originally booked arrival date. The final paragraph of clause 6.1 shall apply accordingly.

7. OPERATOR’S RIGHT OF WITHDRAWAL

7.1. The Operator may withdraw from the contract if good cause exists, including (but not limited to):

• a. force majeure or circumstances beyond the Operator’s control render the performance of the contract impossible;
• b. significant contractual breaches by the Customer; or non-payment of due amounts after a reminder;
• c. unauthorised subletting;
• d. continued breach after written notice.

7.2. The Customer has no right to compensation in the case of a justifiable cancellation by the Operator.

8. LIABILITY OF THE OPERATOR

8.1. The Operator’s liability for damages is limited to the Operator’s material contractual obligations. Material contractual obligations are those whose fulfilment is essential for the proper performance of the Accommodation Agreement, upon which the Customer regularly relies and is entitled to rely, and whose breach jeopardises the achievement of the contractual purpose. In the present contractual relationship, these include, in particular, the timely and continual provision of the accommodation for use in accordance with the contract, access to the accommodation, and the observance of safety obligations insofar as they relate to the building or the building systems of the premises.

8.2. In all other cases, the Operator’s liability for damages arising from a breach of non-material obligations, from tort, from breaches of duty under contractual obligations, or from culpa in contrahendo is limited to cases of gross negligence or wilful misconduct.

8.3. In cases of slight negligence, the Operator’s liability — even in respect of material contractual obligations — shall be limited to the compensation of foreseeable damages typical for the contract at the time of its conclusion.

8.4. Except in cases of wilful misconduct, gross negligence, or a breach of a material contractual obligation, the Operator accepts no liability for damage to the Customer’s fixtures, furnishings, or stored goods.

8.5. The Operator is liable only to the extent that its fault contributed to the occurrence of the damage in proportion to other contributing causes.

8.6. The foregoing exclusions and limitations of liability shall not apply:

• a. insofar as damage relates to injury to life, body, or health;
• b. where and insofar as such damage falls within the scope of an existing or mandatory insurance policy maintained by the Operator, about which the Operator shall provide information upon request;
• c. where the Operator has acted with intent or gross negligence;
• d. where the Operator has breached a material contractual obligation within the meaning of clause 8.1, without prejudice to clause 8.3;
• e. where the Operator has warranted a particular characteristic of the accommodation;
• f. where the Operator has assumed a guarantee;
• g. where the Operator has fraudulently concealed a defect;
• h. where liability arises from a legal defect affecting the accommodation; or
• i. where liability is otherwise mandatory under applicable law.

8.7. The above exclusions and limitations of liability apply equally to the benefit of the Operator’s corporate bodies, legal representatives, employees, and other vicarious agents. However, with respect to the liability of vicarious agents, these limitations shall apply only if and insofar as similar limitations are agreed in their contractual relationship with the Operator. The Operator is obliged to provide information and disclose the contractual basis accordingly, without, however, being obliged to disclose financial details, in particular remuneration.

8.8. The foregoing provisions of clauses 8.1 to 8.8 do not entail any reversal of the burden of proof.

9. SET-OFF, ASSIGNMENT, RIGHT OF RETENTION

9.1. The Customer may only offset claims against the Operator’s claims or assert a right of retention if such claims are undisputed, ready for decision, or have been finally adjudicated by a court of law.

9.2. The assignment of rights by the Customer requires the prior written consent of the Operator.

10. LIMITATION PERIOD

All claims against the Operator shall generally be time-barred after one year, commencing at the end of the year in which the claim arose and the Customer became aware, or should have become aware without gross negligence, of both the claim and the debtor.

This shortening of the statutory limitation period shall not apply to claims by the Customer that are based on a wilful or grossly negligent breach of duty by the Operator.

11. DATA PROTECTION

11.1. By making a booking, the Customer consents to the storage and automated processing of their personal data in accordance with the provisions of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

11.2. The Customer acknowledges that they have the right to revoke this consent at any time. Such revocation may be made by email to: info@midori-apartments.de.

12. FINAL PROVISIONS

12.1. Oral side agreements, as well as the exclusion, amendment, and/or supplementation of these Terms and Conditions, require the express confirmation of the Operator in written or text form to be effective. This also applies to any waiver of this formal requirement.

12.2. The place of performance for all obligations arising from the Accommodation Agreement is the location of the accommodation, namely Dossenheim, Germany.

12.3. The exclusive place of jurisdiction in commercial transactions — including for cheque and bill of exchange disputes — shall be, to the extent permitted by law, Mannheim, Germany.

12.4. Should any provision of the Accommodation Agreement be or become, in whole or in part, invalid or void, the validity of the remaining provisions shall remain unaffected. The same applies if, and to the extent that, the Accommodation Agreement is found to contain a gap. Insofar as the invalidity does not result from a violation of the provisions of German law governing General Terms and Conditions (§§ 305 et seq. BGB), an appropriate provision shall apply in place of the invalid or unenforceable provision, or to fill the gap, which — insofar as legally permissible — comes as close as possible to what the parties would have agreed from an economic perspective, taking into account the meaning and purpose of the Accommodation Agreement, had they considered the matter at the outset. This also applies in cases where the invalidity of a provision is due, for example, to the agreed scope of performance or time frame (period or deadline); in such cases, a legally permissible scope of performance or time frame that comes as close as possible to the parties’ original intention shall apply in lieu of the agreed provision.

12.5. All contractual relationships between the Operator and the Customer shall be governed exclusively by German law, to the exclusion of the rules on conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Last updated: 1 August 2025