General Terms and Conditions
These General Terms and Conditions govern the contractual relationship between you as a cus-tomer and the company Shams Immobilien GmbH (hereinafter “Shams Immobilien”), under the brand “Munich Finest Apartments”. By making a reservation registration, each client accepts these terms and conditions themselves, as well as on behalf of the persons he has registered with.
Deviating provisions, also insofar as these are contained in the customer’s General Terms and Conditions, shall not apply unless they are expressly recognised by Shams Immobilien in the written text form.
The contractual relationship, costs and terms of payment
(1) When the Customer makes a booking request, along with the corresponding booking con-firmation, an accommodation contract (hereinafter referred to as “Contract”) is concluded be-tween Shams Immobilien and the customer.
(2) You can make your booking for one of our flats by telephone, in writing or online (https://munich-finest-apartments.com, or through booking channels such as booking.com, etc.). You will receive a booking confirmation by e-mail.
(3) The contracting parties are Shams Immobilien and the customer. If a third party makes the booking for the customer, they are liable to Shams Immobilien as the purchaser together with the customer as joint and several debtors for all obligations arising from the contract, provided that Shams Immobilien has received a corresponding declaration from the purchaser.
Irrespective of this, each purchaser is obliged to pass on all information relevant to the booking to the customer and, in particular, to pass on these General Terms and Conditions.
(4) The customer is obliged to pay the applicable or agreed on prices set by Shams Immobilien for the provision of the apartment and the additional services used by the customer. The agreed prices include respective statutory value-added tax. If the period between setting up the contract and the arrival of the guest exceeds four months and if, after setting up the contract, statutory value-added tax or any applicable local taxes and duties increase or if new local taxes and duties are introduced, Shams Immobilien reserves the right to increase the agreed prices by an amount in accordance with the increase to the applicable value-added tax or local taxes and duties or by the amount of the newly-introduced local taxes and duties.
(5) The applicable or agreed price shall be paid as follows:
The customer must pay 20% of the rental price as a deposit within 5 days of setting up the con-tract. The remaining amount must be paid at the latest 30 days before the start of the rental peri-od. If there are less than 30 days between the date of setting up the contract and the date of the rental period starting, the full amount shall be paid immediately after the contract has been set up.
(6) Subletting or re-letting the rented apartment, as well as its use for purposes other than ac-commodation require the prior written consent of Shams Immobilien.
(7) The customer may only offset an undisputed or legally binding claim against a claim of Shams Immobilien.
2. Services and prices
The prices shown are daily prices for the rental property, including furniture, energy consumption, and commodities. Any special and additional services that are subject to payment (e.g., additional cleaning, additional bed linen) are displayed separately.
3. Changes in services and prices
(1) The description of the rental properties and the information on prices have been compiled with great care. It may be the case that there are changes to prices or services. Should differ-ences arise between the homepage, the products and services and the reservation confirmation, the agreements on the reservation confirmation shall apply. There is a reserved right to correct obvious errors, e.g., due to printing and calculation errors.
(2) If the period between setting up the contract and the arrival of the guest exceeds four months and if, after setting up the contract, statutory value-added tax or any applicable local taxes and duties increase or if new local taxes and duties are introduced, Shams Immobilien reserves the right to increase the agreed prices by an amount in line with the increase of the applicable value-added tax or local taxes and duties or by the amount of the newly-introduced local taxes and duties.
4. Arrival and departure, shortening or extending the stay
(1) The customer is obliged give notification of his arrival time. Arrival should take place be-tween 3.00 p.m. and 12.00 a.m. at the latest. If the customer arrives later than 12.00 a.m., they must inform Shams Immobilien in good time. The contact details for Shams Immobilien can be found on the booking confirmation.
(2) Unless a later arrival time has been expressly agreed, Shams Immobilien has the right to assign booked rooms to other guests after midnight without the customer being able to derive any claim for compensation due to this. Shams Immobilien reserves the right of withdrawal in this respect.
(3) If the customer is prevented from occupying the property as agreed due to traffic jams, weather, etc., this shall not release the customer from paying the rental price less any expenses saved. The same applies if the customer leaves the rental property prematurely.
(4) Departure must take place by 11.00 a.m. at the latest. After this time, Shams Immobilien may charge an additional day’s use of the rented property as well as make a charge for the loss or damage incurred as a result. The customer is at liberty to prove to Shams Immobilien that Shams Immobilien has not incurred any loss or damage or that the damage is significantly lower.
5. Rights of withdrawal by Shams Immobilien
(1) The customer may cancel the booking up to 30 days before the date of arrival. In this case, Shams Immobilien is entitled to a compensation lump sum of 30% of the contractually agreed price. After that, the full contractually agreed price is due.
(2) The customer is free to prove that Shams Immobilien has not suffered any loss or that the loss incurred by Shams Immobilien is lower than the compensation lump sum demanded.
(3) We recommend that you take out travel insurance.
6. Rights of withdrawal by Shams Immobilien
(1) If an agreed advance payment or a required advance payment in accordance with clause 1 (5) above is not made even after the expiry of a grace period set by Shams Immobilien, Shams Immobilien shall be entitled to withdraw from the contract.
(2) Furthermore, Shams Immobilien is entitled, in particular, to withdraw from the contract if:
- Force majeure or other circumstances beyond the control of Shams Immobilen make it impossible to fulfil the contract;
- Apartments are booked under misleading or false statements of material facts, e.g., concerning the person who is the customer or the purpose of the booking;
- Shams Immobilien has reasonable grounds to believe that the use of the accommodation service may jeopardise the smooth operation of the business, security or the reputation of Shams Immobilien in relation to the public, without this being within the realms of control or organisational powers of Shams Immobilien;
- Unauthorised subletting in accordance with clause 1 (6);
- The clause numbered 4 (2) applies;
- Shams Immobilien becomes aware of circumstances indicating that the financial status of the customer has significantly deteriorated after setting up the contract, in particular, if the customer does not settle claims due to Shams Immobilien or does not provide a sufficient security deposit, which means that any payment claims by Shams Immobilien ap-pears to be at risk;
(3) Shams Immobilien shall inform the guest immediately in writing if Shams Immobilien exercises the right of withdrawal.
(4) In the above-mentioned cases of withdrawal, the customer shall not be entitled to compensation for damages.
7. Obligations of the customer
(1) When collecting the key card, a deposit of 400 Euros per apartment is to be paid by credit card. On departure, the deposit will be refunded after the deduction of any costs (e.g., due to damage caused by the customer).
(2) The rental property may only be occupied by the intended number of persons (children and babies included). Additional persons may be refused by us or charges can be made separately on-site.
(3) The rented property and all facilities are to be treated with care. Smoking and keeping animals in the rented accommodation are not permitted. The customer undertakes to show consideration for neighbours and other guests. In particular, quiet times must be observed and disturb-ing noise must be avoided. Cleaning the kitchen equipment, crockery, and cutlery is also the customer’s responsibility (and is not part of the final cleaning).
(4) If the customer or their guests cause damage, this must be reported immediately to Shams Immobilien by means of an appropriate form. The customer is liable for culpable damage to the rented property, the furniture, or other objects in the rented property caused by the customer or by persons allowed into the rented property with their consent. The same applies if the rented property cannot be handed over to the next tenant due to damage caused culpably.
(5) Any damages can be offset against the deposit.
8. Complaints, claims for damages, liability
(1) The customer may not claim that certain apartments shall be allocated to them.
(2) Should the category of apartment booked by the customer not be available, Shams Immobilien will offer the customer a different category of apartment and refund any additional payments made. Should the customer refuse this, they can withdraw from the booking free of charge.
(3) A defect must be reported immediately. If the customer culpably fails to notify Shams Immobilien of a defect, a claim for any reduction of the agreed price shall not be allowed.
(4) In accordance with the statutory provisions, Shams Immobilien shall be liable for any dam-ages arising from injury to life, limb, and health, as well as if Shams Immobilien takes over a guarantee on their part or fraudulently conceals defects.
(5) Shams Immobilien shall only be liable for any other damages not covered by clause 8 (2) and caused by minor negligent behaviour of Shams Immobilien, its legal representatives, or vi-carious agents if these damages are due to the breach of a typical contractual obligation. In these cases, liability is limited to the foreseeable damage typical within the contract.
(6) The above limitations of liability apply to all claims for damages irrespective of their legal basis, including claims in tort. The above limitations and exclusions of liability shall also apply in cases of any claims for damages by a customer against employees or vicarious agents of Shams Immobilien. They do not apply in cases of liability for a defect following the assumption of a guarantee of the quality of an item or a facility in the case of fraudulently concealed defects or personal injury.
(7) Shams Immobilien shall be liable to the customer for items brought in by the customer in accordance with the statutory provisions, i.e., up to one hundred times the accommodation price, but up to a maximum of €3,500.00. For valuables (cash, jewellery, etc.) this liability is limited to €800.00. Shams Immobilien recommends making use of the safe for keeping valuables in the room.
(8) If a parking space is provided to the customer by Shams Immobilien, including for a fee, this does not constitute a safekeeping agreement. Shams Immobilien is not obliged to monitor the parking space. Shams Immobilien shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the premises of Shams Immobilien, neither for the content of the vehicle, unless Shams Immobilien, its legal representatives, or its vicarious agents are responsible for intent or gross negligence. In this case, loss or damage must be claimed against Shams Immobilien at the latest when leaving the property of Shams Immobilien.
(9) Messages, mail, and consignments of goods for customers are handled with care. Shams Immobilien shall undertake to deliver, safekeep, and – on request – forward such items for a fee, which applies to lost property on request. Claims for damages, except for gross negligence or intent, are excluded. Shams Immobilien is entitled to hand over the aforementioned items to the local lost property office at the latest after a storage period of one month, charging an appropriate fee.
(10) Claims for damages by the customer shall be statute-barred after two years at the latest from the time when the customer became aware of the damage or, irrespective of such knowledge, at the latest after three years from the time of the damaging event. This does not apply to liability for damages arising from injury to life, limb, or health and for other damages based on an intentional and grossly negligent breach of duty by Shams Immobilien, a legal rep-resentative or vicarious agent of Shams Immobilien.
9. Internet access
Free internet access is offered in apartments that have internet access. Shams Immobilien accepts no liability for
- the function of the hardware,
- undisturbed and uninterrupted use as well as
- a guarantee for a specific transmission speed.
Shams Immobilien reserves the right to modify, restrict or discontinue access to the Internet without prior notice in the event of necessary technical repairs and maintenance work. Also, there is also no entitlement to use the Internet. Shams Immobilien is free to restrict or discontinue access to the Internet at any time without giving reasons.
The customer is obliged to comply with applicable laws when using the Internet via the access provided by Shams Immobilien.
10. Final provisions
(1) Amendments or supplements to the contract, application acceptance or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements provided by the customer are invalid.
(2) The place of business and payment is the registered office of Shams Immobilien.
(3) If the contractual partner of Shams Immobilien is a merchant or a legal entity under public law, the place of jurisdiction shall be the registered office of Shams Immobilien. If the contractual partner of Shams Immobilien has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of Shams Immobilien. However, Shams Immobilien shall be entitled to also bring actions and other legal proceedings in the customer’s general place of jurisdiction. Shams Immobilien is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
(4) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(5) Should individual provisions of these General Terms and Conditions for Accommodation 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.