
General Terms and Conditions (GTC)
for the brokerage of accommodation – MB Gismeya / MB Gismeya PRO
For the use of accommodation mediated by MB Gismeya or MB Gismeya PRO (hereinafter referred to as the “Agent”), the following General Terms and Conditions apply:
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Scope
These GTC apply to all accommodation brokerage services offered by the Agent. They regulate the contractual relationship between the Agent and users (hereinafter referred to as “Customers”).
The Agent mediates accommodation from third-party providers (hereinafter referred to as “Landlords”). The Agent is not a party to the rental contract between the Customer and the Landlord.
2. Contractual Relationship
The rental agreement is concluded exclusively between the Customer and the respective Landlord. The Agent acts solely as an intermediary and not as a landlord or tour operator.
3. Booking
A booking is considered confirmed once the Customer submits a written booking confirmation via email, SMS, or WhatsApp and it is confirmed by the Agent.
By making a booking, the Customer accepts these GTC and the applicable house rules.
4. Prices and Payment Terms
4.1 The Customer is obliged to pay the agreed rental price according to the information provided by the Agent or Landlord.
4.2 Payments may be received by the Agent on behalf of the Landlord and forwarded accordingly.
4.3 Offers are not reserved and may be booked by others at any time if no payment has been made.
4.4 In case of non-payment, access to the accommodation may be denied.
4.5 Changes in the number of persons must be reported immediately; otherwise additional charges may apply.
5. Security Deposit
A security deposit is only charged if required by the respective Landlord.
The amount of the deposit is determined by the Landlord and handled through the Agent.
The deposit will be refunded within up to 14 days after check-out, provided no damages or violations are found.
6. Check-in and Arrival
Check-in is generally between 14:00 and 20:00 unless otherwise agreed.
Arrival outside these hours is only possible by prior arrangement and subject to availability.
The Landlord is not obliged to allow arrivals outside the agreed times, especially without at least 24 hours’ notice.
Even with timely notice, there is no entitlement to late or night-time arrival.
7. Obligations of the Customer
The Customer agrees to treat the accommodation with care and comply with the house rules.
The Customer is obliged to report damages or defects immediately.
8. Complaints
Defects or complaints must be reported to the Agent within 24 hours after arrival.
Late complaints will only be considered if they were not visible or occurred later.
The Agent is not liable for damages, defects, or other impairments of the accommodation that existed before move-in and were explicitly disclosed to the Customer before booking or arrival. This includes issues shown through photos, descriptions, or other means. Claims regarding such disclosed issues are excluded.
9. Cancellation and Refund
A refund is only granted in the following cases:
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if the accommodation significantly differs from the description, or
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if the accommodation is not provided.
In all other cases, no refund of payments already made will be issued.
The Agent assists the Customer with justified complaints towards the Landlord but is not obliged to issue any refunds beyond these cases.
10. Liability
The Agent assumes no liability for the performance, condition, or availability of the accommodation provided by the Landlord.
Claims must generally be directed to the Landlord.
The Agent is only liable in cases of intent or gross negligence within its mediation activities.
11. Extraordinary Termination by the Landlord
The Landlord is entitled to terminate the rental agreement without notice if the Customer violates house rules or contractual obligations or damages the property.
This applies especially in cases of severe dirtiness, excessive waste, or neglect of the accommodation.
12. Role of the Agent
The Agent is not entitled to change, influence, or override decisions of the Landlord.
All decisions regarding accommodation, stay, and termination are exclusively the responsibility of the Landlord.
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Data Protection
The Agent processes personal data exclusively for the purpose of providing mediation services in accordance with GDPR.
2. Final Provisions
Changes to these GTC will be communicated in writing and are deemed accepted unless objected to within 14 days.
German law applies unless mandatory legal provisions state otherwise.
Jurisdiction is, where legally permissible, the registered office of the Agent.
Annex 1 – House Rules
(Part of the General Terms and Conditions)
This house rules document is an integral part of the rental agreement between Customer and Landlord. By booking, the Customer fully accepts these rules.
1. General Principles
The accommodation and all furnishings must be treated with care.
Only persons registered in the booking are allowed to use the accommodation. Subletting or transfer to third parties is prohibited.
Visitors are only allowed with prior approval from the Landlord or Agent.
2. Check-in and Check-out
Check-in is generally between 14:00 and 20:00 unless otherwise agreed.
Late check-in is only possible by prior arrangement and subject to availability.
There is no entitlement to late or night-time arrival.
Check-out must be completed by 10:00 unless otherwise agreed. Late departure may result in an additional daily charge.
3. Quiet Hours
Applicable legal and local quiet hours apply in Germany:
Night quiet hours: 22:00 – 07:00
Sundays and public holidays: special consideration required
Noise must be avoided during these times.
4. Cleanliness and Waste Disposal
The Customer must keep the accommodation clean and orderly.
Waste must be separated:
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Residual waste
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Paper
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Packaging (yellow bin/bag)
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Organic waste (if available)
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Glass sorted by color (if applicable)
Waste must not be disposed of in toilets, sinks, or showers.
Additional cleaning fees may apply for excessive dirtiness or improper use.
5. Smoking
Smoking is strictly prohibited inside the accommodation.
A cleaning fee of 200 € per violation may be charged.
Smoking is only allowed in designated outdoor areas.
6. Heating, Ventilation and Energy Use
The Customer must use energy responsibly.
Rooms must be ventilated regularly to prevent mold, especially after showering or cooking.
Heating must be used properly and reduced when leaving the property.
7. Damage and Duty of Care
The Customer must report any damages or defects immediately.
The Customer is liable for damages caused by themselves or accompanying persons.
8. Use of Kitchen and Inventory
All equipment and furniture must be used properly.
Dishes and utensils must be left clean.
Blockages or damage caused by improper use may be charged to the Customer.
9. Safety
Doors and windows must be closed when leaving the accommodation.
Lost keys may be charged to the Customer.
10. Pets
Pets are only allowed with prior approval.
11. Violations of House Rules
In case of serious or repeated violations or damage, the Landlord may terminate the contract without notice.
Immediate eviction may be required.
12. Final Provision
These house rules apply for the entire stay.
By booking, the Customer confirms acceptance of these rules.