1. Scope of Application

These GTC apply to all accommodation mediation services offered by MB Gismeya (hereinafter referred to as the “Agent”). They govern the contractual relationship between the Agent and users of the platform (hereinafter referred to as the “Customers”).

2. Services of the Agent

The Agent provides Customers with the opportunity to book accommodations offered by third-party providers (hereinafter the “Landlords”). The Agent acts solely as an intermediary and is not a contracting party to the rental agreement concluded between the Customer and the Landlord.

Booking
A booking is concluded when the Customer sends a written booking confirmation to the Agent by email, SMS, or WhatsApp. Upon receipt of the booking confirmation, the booking becomes legally binding. By submitting a booking, the Customer accepts these GTC as well as the house rules, which are made available to the Customer in advance.

3. Prices and Payment Terms

3.1. By confirming the booking, the Customer undertakes to pay the rental price specified by the Agent. Payment is processed in accordance with the terms of the respective Landlord. The Agent may, by agreement, accept payments on behalf of the Landlord.

3.2. The Customer agrees to receive invoices electronically.

3.3. Timely Payment
Offers are not considered reserved for the Customer and may be booked by other interested parties at any time. If payment is delayed and the accommodation is rented to another party in the meantime, the payment will be refunded promptly after it is credited to the Agent’s account.

3.4. The Agent reserves the right to refuse or cancel mediation services in the event of late or non-payment. In the case of non-payment, access to the accommodation may be denied until full payment of the rent has been made. The rental fee nevertheless remains due (subject to the Landlord’s terms).

3.5. The rental property may only be occupied by the number of persons stated in the contract or invoice. If the number of occupants changes, the Customer must inform the Agent, and the rental fee will be adjusted accordingly. Failure to notify may result in additional charges.
If the actual number of occupants exceeds the agreed number, the Landlord may charge the Customer for the entire rental period for the additional person(s), not just for the period of over-occupancy.

4. Cancellation and Rebooking

4.1. Cancellations by the Customer must be made in writing.

4.2. Cancellation and rebooking terms are subject to the policies of the respective Landlord. The Agent is not responsible for refunds or rebookings but will assist the Customer in communicating with the Landlord.

4.3. In the event of early departure, no refund will be made for already paid accommodation costs.

4.4. The Agent reserves the right to cancel bookings in the event of violations of these GTC or in cases of suspected fraudulent activity.

5. Liability Disclaimer

5.1. The Agent assumes no liability for the accuracy, completeness, or availability of the accommodation offers.

5.2. The Agent is not liable for the provision of services by Landlords.

5.3. The Agent is not liable for the quality, condition, or defects of the accommodation. Claims must be made directly against the Landlord. The Agent is likewise not liable for any damages arising from the use of the accommodation.

5.4. The Agent bears no responsibility in the following case: If the Customer refuses to acknowledge significant damages and the Landlord pursues legal action, the Agent has no obligation to represent the Customer in such proceedings. The Customer must deal directly with the Landlord and their legal representatives.

5.5. The Agent will, however, cooperate if the Customer wishes to terminate the rental agreement because the property does not match its description or photos, or if the accommodation is uninhabitable.

5.6. If the Landlord fails to provide the accommodation without valid reason, the Agent will refund the Customer the full amount paid for that accommodation.

6. Obligations of the Customer

6.1. The Customer must use the accommodation responsibly, comply with the house rules, and report any damages immediately to the Landlord. Complaints submitted more than 24 hours after arrival may be rejected by the Agent.

6.1.1. Evidence of Pre-existing Damages
The Landlord must provide photographic evidence of any damages claimed. Likewise, the Customer must provide visual proof of pre-existing damages immediately upon arrival. If the Customer fails to provide such proof, they may be held liable for the costs of damages claimed by the Landlord.

6.2. Check-out is no later than 10:00 a.m. unless otherwise agreed by the Landlord. Failure to vacate on time will result in an additional day’s rent being charged.

6.3. Changes in the number of occupants must be communicated to the Agent (see section 3.5).

6.4. If occupants change during the rental period (departures and new arrivals), the Customer must immediately notify the Agent with the date and estimated arrival time of the new occupants. Failure to notify may result in key handover issues or other problems, in which case an additional fee (amount to be specified) will be charged and must be paid by the Customer.

6.5. The Customer must also inform the Agent promptly of any changes to the planned arrival time. If, for example, the Customer arrives significantly later than agreed without prior notice and the Agent or Landlord cannot be reached, the Agent assumes no responsibility for missed key handovers or related difficulties.

7. Data Protection

7.1. The Agent complies with the provisions of the General Data Protection Regulation (GDPR).

7.2. Customer data will be used exclusively for the performance of mediation services.

8. Final Provisions

8.1. Amendments to these GTC will be communicated to the Customer in writing and are deemed accepted unless the Customer objects within 14 days.

8.2. The law of the Federal Republic of Germany applies, or, in exceptional cases, the law of the country in which the accommodation is located. The place of jurisdiction and performance is the residence of the Landlord.

General Information on Regulations in Germany

Quiet Hours

• Nighttime quiet hours are from 22:00 to 07:00. During this time, particular consideration must be given to neighbors, including in entrances and stairwells. TV and audio devices must be kept at room volume.

• Midday quiet hours: In some regions or residential complexes, a midday rest period applies (typically 13:00–15:00).

• Sundays and public holidays: No lawn mowing, drilling, or other noisy activities are permitted.

Room Temperatures
Legal minimum indoor temperatures in rental properties (between 06:00 and 24:00):

• Living room: 20°C

• Kitchen: 20°C

• Bathroom: 22°C

• Bedroom: 18°C

At night, temperatures may be reduced but must not fall below 16–17°C (AG Bonn, ruling of 26.01.2021, ref. 206 C 18/19).
The heating season in Germany generally runs from October 1 to April 30. If outside temperatures cause indoor temperatures to drop below 18°C earlier, heating must be activated accordingly.

Waste Separation and Disposal
Germany follows a strict waste separation system:

• Yellow bin/bag: Plastics and packaging

• Blue bin: Paper and cardboard

• Brown/organic bin: Organic waste

• Black bin: Non-recyclable waste

• Glass containers: Separated by color (white, brown, green)

• Bulky waste and electronic devices must be disposed of separately.

House Rules in Residential Buildings

• Stairwells and common areas must be kept clean.

• Noise should be avoided; residents must be considerate of neighbors, particularly in multi-family buildings.·    

•  Smoking is strictly prohibited inside all houses and apartments.
  If a tenant, guest, or visitor is found smoking indoors, a 200 € fee will be charged for each violation.

• During the heating period, every house or apartment must be properly ventilated on a regular basis to ensure fresh air circulation and prevent moisture or mold buildup.​