- These GTCs apply to all contracts for the rental of apartments for accommodation, which are concluded between Limehome Germany GmbH (Limehome) or Limehome Spain S.L. (here within equally referred to as Limehome), or Peter & Peter Boarding House Mitte GmbH (Peter & Peter) and third parties (guest), as well as for all other services and deliveries provided by Limehome or Peter & Peter (accommodation contract).
- In general, Limehome Germany GmbH serves as the contractual partner to the guest in Germany and Austria. Deviating here from, however, Peter & Peter Boarding House GmbH is the guest’s contractual partner for bookings and services in relation to the following locations:
1. Limehome Chausseestr. 85, Berlin
2. Limehome Prenzlauerallee 241, Berlin
3. Schoenhouse Apartments, Berlin
4. Flowers Boardinghouse, Berlin
For contracts in relation to these locations, the following GTCs apply respectively also for Peter & Peter Boarding House Mitte GmbH, when reference is made to “Limehome”.For all locations in Spain, the guest’s contractual partner is Limehome Spain S.L.
- By making a reservation, the guest offers to conclude an accommodation contract. If the booked apartment is available, Limehome will send the guest a reservation confirmation. By accepting the reservation made by the guest, an accommodation contract is concluded between Limehome and the guest.
- Offers from Limehome in relation to available apartments are subject to change and are not binding. Limehome can, at its own discretion, refuse to conclude an accommodation contract.
- There is no entitlement to use the overnight accommodation service in a particular apartment. Limehome reserves the right to define restrictions customary in the sector, such as minimum stays, booking guarantees or down payments for certain dates.
3. CANCELLATION DEADLINES
- A guaranteed reservation exists when the payment of the guest has been received. A guaranteed reservation can be cancelled free of charge by the guest in accordance with the stated cancellation conditions, stating the reservation number. Once the cancellation periods have expired, cancellation is excluded and Limehome retains the right to the agreed remuneration less any expenses saved. The same applies if the guest does not appear (No Show). In the case of guaranteed reservations of several days, all subsequent nights including the second night will be cancelled if the guest does not arrive and the guest has no claim to the subsequent nights.
- Simple reservations, i.e. reservations for which payment by the guest is not yet guaranteed, are valid until 01:00 pm on the day of arrival. After 01:00 pm the reservation expires automatically and free of charge. Limehome has the right to let the reserved apartment to another party.
- For simple reservations received after 01:00 pm of the arrival day, the guest has one hour to make the payment according to §5.
4. ACCOMMODATION & OTHER PRICES
- The prices shown by Limehome at the time of the conclusion of the contract apply. The applicable prices are gross total prices and include all statutory taxes, fees and charges. Not included and charged separately are local taxes that are owed by the guest himself according to the respective local law, such as visitor’s tax.
- In the event of changes in tax, fee and duty rates, as well as the effective levying of new taxes, fees and duties unknown to the parties, Limehome reserves the right to adjust prices accordingly. For contracts with consumers, this only applies if the period between the conclusion of the contract (booking confirmation) and the adjustment of the contract exceeds four months.
5. TERMS OF PAYMENT & BILLING
- The price of the entire booked accommodation service must always be paid in advance by the guest.
- A set-off by the guest is excluded, unless the set-off concerns an undisputed or legally established claim.
- Valid means of payment are MasterCard, Visa Card, American Express, GiroPay, Sofortüberweisung – cash payments are excluded.
- For fees incurred subsequently due to additional services used or violations of the general terms and conditions, Limehome reserves the right to debit the deposited means of payment with the outstanding amounts.
- The guest agrees that an invoice will always be provided as a download or via email in the regular case. Should the guest wish to receive the invoice by post, the delivery time may be extended due to home office regulations and organizational reasons. Limehome also reserves the right to comply with the request for a company stamp or signature on the invoice for the reasons mentioned above.
6. POSSIBLE USES OF RESERVED APARTMENTS
- A reserved apartment is available to guests from 03:00 pm on the day of arrival and until 11:00 am on the day of departure.
- Unless otherwise agreed, the keys and, if applicable, code cards provided must be handed over to Limehome or a third party named by the accommodation company on the agreed departure date, or, if agreed, left in the apartment. If a handed out key or a handed out key card is lost or not handed in at departure, a fee of 40,00 Euro will be charged. Limehome remains entitled to demand compensation from the guest for any damages incurred by him/her as a result, insofar as these exceed the amount of 40.00 EUR. This includes the costs for the replacement of the affected locking system if this is necessary for security reasons.
- On request and depending on availability, a later departure (late check-out) can be arranged with Limehome in advance. If Limehome agrees to a late check-out, Limehome is entitled to charge 10.00 EUR per hour or part thereof for the additional use of the apartment. For departures after 02:00 pm, the full daily rate of the apartment will be charged. There is no contractual entitlement to a late check-out.
- On request and depending on availability, an earlier arrival (Early Check-In) can be arranged with Limehome in advance. If Limehome agrees to an early check-in, Limehome is entitled to charge 10.00 EUR per hour or part thereof for the additional use of the apartment. There is no contractual claim to Early Check-In.
- The resale/rental and/or the further procurement of booked apartments is prohibited. In particular, it is not permitted to sublet apartments and/or apartment contingents to third parties at higher prices than the actual apartment prices. The assignment or sale of the claim against Limehome is also not permitted. In these cases, Limehome is entitled to cancel the booking, especially if the guest has provided false information about the type of booking or payment to the third party at the time of the cession/sale.
- Any use of the apartment for other than the purpose of accommodation, especially any commercial use by the guest, is expressly prohibited.
8. LIABILITY OF LIMEHOME
- Limehome is liable without limitation for damages for which it is responsible from injury to life, body or health. Furthermore, Limehome is liable for other damages, which are based on an intentional or grossly negligent breach of duty by Limehome. For simple negligence, Limehome is liable only and limited to the contract-typical foreseeable damage, if a duty is violated, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you as a guest can regularly rely (cardinal obligation). A breach of duty by Limehome is equal to that of its legal representatives, employees or vicarious agents. Further claims for damages are excluded, unless otherwise regulated in these GTC.
- Should disruptions or defects in the services of Limehome occur, Limehome will endeavour to remedy the situation as soon as it becomes aware of this or upon immediate notification of the guest. The guest is obliged to make a reasonable contribution to remedy the disturbance and to keep possible damage to a minimum. In addition, the guest is obliged to inform Limehome in good time of the possibility of an unusually high damage.
- Limehome is liable for things brought in according to the legal regulations. The claim expires if the guest does not notify Limehome immediately after becoming aware of the loss, destruction or damage of the item brought in, unless this late notification has no effect on the clarification of the facts. If the guest wishes to bring money, securities and valuables with a value of more than EUR 800.00 or other items with a value of more than EUR 3,500.00 into the apartment, this requires a separate written agreement with Limehome.
- All claims against Limehome expire in principle within one year from the legal beginning of the limitation period. This does not apply to claims for damages or other claims arising from injury to life, body or health and/or due to grossly negligent or intentional breach of duty by Limehome, as well as in the case of breaches of a cardinal obligation as defined in point 8a.
- Limehome accepts no liability for lost property. Excluded from this is the liability due to intentional or grossly negligent breaches of duty by Limehome. Lost property will only be returned on request for a fee and for a processing fee of EUR 10.00. The tourist accommodation shall undertake to store the documents for a period of six months.
9. SECURITY DEPOSIT
- In order to secure all claims of Limehome against the guest from the accommodation contract, the guest makes the following payments before the apartment is handed over
- in case of an agreed transfer period of less than three months, a security of EUR 200.00,
- in the case of an agreed transfer period of three to six months, a security amounting to one month’s premium.
- In the event of an agreed transfer period of less than three months, the accommodation facility may carry out a pre-authorisation on the guest’s payment card to compensate for the security deposit. If the security is not provided by the time the apartment is handed over, the guest has no right to the handover of the apartment. If Limehome has nevertheless given the apartment to the guest, Limehome is entitled to cancel the accommodation contract without notice, if the deposit is not paid within a reasonable period of grace to be set by the accommodation company.
- Limehome is obliged to settle the deposit within one month after the end of the accommodation contract.
10. CUSTOMER DATA
- In order to ensure communication with the guest, Limehome requires the email address and telephone number. In order to verify the identity of the guest, Limehome is entitled to request the following valid identification document (for domestic guests an identity card or passport; for foreign guests the passport), and valid credit card data at check-in digitally.
- If the identity of a guest cannot be clarified beyond doubt due to missing or incorrect documents, Limehome is entitled to cancel the booking.
- Limehome uses software solutions to avoid defective bookings. These solutions use the requested data (email address, residential address, telephone number, credit card, etc.) to determine a so- called “Fraud-Prevention-Score” for each guest and recognize defective bookings. If the software recognizes such a booking, Limehome reserves the right to cancel the booking.
11. TERMINATION OF THE ACCOMMODATION CONTRACT
- Limehome is entitled to terminate the accommodation contract for good cause. A good cause exists in particular if (i) force majeure or other circumstances beyond the control of Limehome make the fulfillment of the contract impossible, (ii) apartments are culpable booked under misleading or false information or concealment of material facts; (iii) Limehome has good reason to believe that the use of the service may jeopardize the smooth running of business, the security or the public image of Limehome and its locations, without this being attributable to the sovereign or the owner. (iv) the purpose or occasion of the stay is unlawful; or (v) in the event of resale/rental and/or redirection (see point 7).
- Limehome must inform the guest immediately of the exercise of the right of cancellation.
- In the event of justified termination of the accommodation facility, the guest shall not be entitled to compensation.
- A voucher purchased from Limehome can only be redeemed for services provided by Limehome. If there are remaining credit balances on payments with the voucher, these remain and can be used for further bookings. Vouchers cannot be returned, are not resaleable or transferable and are not redeemable for cash. The orderer of the voucher is responsible for providing the correct data (especially e-mail address) to which the voucher and the invoice should be sent.
- Cancellation policy: Declarations regarding vouchers can be revoked within 14 days without giving reasons in any form (letter, fax, e-mail) or, if the voucher is handed over before the end of this period, also by returning the voucher. The period begins after receipt of this instruction in text form, but not before receipt of the voucher by the recipient. The timely dispatch of the revocation or the voucher is sufficient to meet the revocation deadline. The revocation is to be addressed to Limehome GmbH, keyword: voucher; by sending us a request.
13. NO SMOKING IN THE APARTMENT
- The Limehome Apartments are non-smoking apartments. It is therefore forbidden to smoke in the common areas as well as in the guest apartments and balcony and/or terrace areas. In the event of an infringement, Limehome has the right to demand an amount of EUR 200.00 from the guest as compensation for the cleaning costs that must be paid separately, including any loss of turnover from a rental of the apartment that is not possible as a result. This amount of compensation is to be set higher if Limehome can prove higher damages.
- Tampering or blocking fire exits, fire extinguishers or the fire alarm is prohibited. Violations will result in a penalty fee of 150 €.
14. NO PARTIES IN THE APARTMENT
- Parties are not allowed in the Limehome Apartments.
- In the event of an infringement, Limehome has the right to demand an amount of EUR 500.00 from the guest as compensation for the cleaning costs that must be paid separately, including any loss of turnover from a rental of the apartment that is not possible as a result. This amount of compensation is to be set higher if Limehome can prove higher damages.
15. DAMAGE OR THEFT
- In the event of damage that goes beyond normal use, or theft, Limehome has the right to charge the guest for the damage as well as for the separate expenses incurred to remedy the damage, including any loss of revenue from a rental of the apartment that is not possible as a result.
- It is not allowed to bring a pet with you. However, exceptions are dogs for the blind, deaf and other comparable service dogs. These may be carried free of charge and at any time on presentation of proof.
- The guest undertakes to treat the apartment provided, the furnishings as well as the rooms, facilities and equipment intended for common use with care and to ensure proper ventilation and heating.
- Furthermore, the guest undertakes to check the equipment for completeness and suitability for use when moving into the apartment and to notify the accommodation company immediately of any complaints.
- The guest is liable for all damages to the apartment, the furnishings and the rooms, facilities and equipment intended for common use, which he or she or their visitors have culpably caused through use contrary to the contract and which are not due to normal wear and tear. The guest must immediately notify Limehome of any damage to the apartment provided.
- The apartment is regularly cleaned by Limehome. The guest will grant access to the apartment to the service provider commissioned by Limehome.
18. GROUP BOOKINGS/CONTINGENT CONTRACTS/EVENT TIMES
- For group bookings of more than five apartments and contingency contracts, separate payment and cancellation conditions apply, which result from the corresponding contracts.
- Different cancellation periods apply for bookings during event and trade fair times. These are shown in the booking process and on the booking confirmation.
19. INTERNET USAGE
- Limehome provides the guest with Internet access within the framework of the existing technical and operational possibilities. Malfunctions, for example due to force majeure, maintenance measures or similar, cannot be excluded.
- The guest may not misuse the Internet connection. An improper use exists in particular in the following cases: Download and distribution of copyrighted content via peer-to-peer sharing platforms, illegal streaming offers as well as the posting, retrieval or transmission of criminally relevant content (in particular §§ 130, 130a, 131 and 184 StGB). The guest is obliged to observe the copyrights, patent rights, name rights, trademark rights and personal rights of third parties. The guest indemnifies Limehome on first request from all claims and claims for damages by third parties, as well as from the costs of legal defence in an appropriate amount, which have been caused by an illegal use of the provided Internet connection by the guest or by third parties with the knowledge of the guest. This claim for indemnification covers in particular claims arising from the infringement of copyrights, patent rights, name rights, trademark rights and personal rights, as well as infringements of data protection law.
- The guest is not allowed to pass on the access data for the internet connection to third parties. In the event of violation, the guest is liable to Limehome for all damages caused by the transfer of access data.
- Limehome also reserves the right to block the guest’s Internet connection in case of legal violations.
21. FINAL PROVISIONS
- Changes and additions as well as the cancellation of the accommodation contract, the acceptance of the application or these General Terms and Conditions must be made in writing. This also applies to the cancellation of this written form clause. Unilateral changes or additions by the guest are invalid.
- Place of performance and payment are the registered office of the accommodation facility.
- Exclusive place of jurisdiction for commercial transactions is the location of the accommodation facility. 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 is the registered office of the accommodation facility.
- German law applies. The application of UN sales law and conflict of laws is excluded.
- Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects the statutory provisions shall apply.
- The accommodation facility is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Limehome GmbH | Rosenheimerstr. 143 a-d | D-81671 Munich | Enquiries
22.1 Membership in the loyalty program
Those persons eligible for membership are limited to individual natural persons who:
(a) possess the legal authority to agree to the program terms, (b) is not already a member of the program, (c) has not been previously terminated from the program, (d) is resident in a country in which limeloyalty is offered.
The place of residence is deemed to be the actual physical home (primary residence) of the member. Details of the person and the residence must be submitted accurately and truthfully and upon request, proof must be provided.
There is no legal entitlement to membership of limeloyalty. The operator may refuse admission to participate in limeloyalty without providing any reasons.
22.1.2 Start of membership
Membership in the loyalty program starts after the customer has submitted accurate information and their account is created.
22.1.3 Communications during the membership
22.1.3.a All critical updates about the loyalty program are delivered to the customer’s email address on file. Communications delivered to the customer’s email address will be deemed to have been received one (1) business day after sending it. Members must keep their email address current. Neither the company nor the loyalty program shall have any responsibility for misdirected or lost mail and consequences thereof.
22.1.3.b The company may send informative or promotional communications to the member, based on their communication preferences.
22.1.3.c When members contact the company, the company may ask the member to answer security questions to validate their identity.
22.2 Points & Membership Status
22.2.1 Review status and account balance
Members can review their membership status and current point total in their account profile, after logging into the loyalty program website. For this, the member needs to have their website access credentials available.
22.2.2 Earning points
22.2.2.a Members may earn points (the currency of the loyalty program) for eligible charges and during promotional periods also for taking actions mentioned in the promotion. This may include but is not limited to account signup, joining the newsletter, and similar actions.
22.2.2.b Points awarded while participating in the loyalty program may incur a tax liability. Members are solely responsible for disclosing and paying their taxes on their own.
22.2.2.c Points are generally not transferable, in its sole discretion, the company may allow unredeemed points to be transferred to others.
22.2.2.d Members are prohibited from selling or trading their points.
22.2.2.e Points awarded to members for any other activity than staying in one of the company’s properties for at least 50€ per night can be capped to 5000 points per month at the company’s sole discretion.
22.2.2.f Points can be claimed for bookings until 30 days after check-out and are credited to the member’s account soon after their check-out.
22.2.3 Eligible charges
22.2.3.a Points are generally only awarded for accommodation charges including VAT for bookings made through the company’s website, mobile application, or via direct phone bookings. Breakfast or additionally ordered service charges are not awarded with points unless otherwise stated during promotional periods.
22.2.3.b Each member can once also claim points for bookings made through other channels but can be limited to 2000 points for this booking at the company’s sole discretion.
22.2.4. Membership tiers
22.2.4.a The loyalty program offers 3 tiers: silver, gold, and lime. New members start in silver. Upon completing 10 bookings with an account, the membership tier is upgraded to gold. Upon completing 25 bookings with an account, the membership tier is upgraded to lime.
22.2.4.b If members are not completing any bookings with their account for a 12 month period, the point total, membership status, and booking count of the account will be reset at the end of the calendar year.
22.2.4.c Members in the silver tier earn 2 points for every 1€ spent on eligible charges, members in the gold tier earn 2.5 points for every 1€ spent on eligible charges, members in the lime tier earn 3 points for every 1€ spent on eligible charges.
22.2.4.d Additional benefits can be offered to members based on availability, these can include but are not limited to: more flexible check-in/check-out times, exclusive offers, and events.
22.3 Redeeming points
22.3.1 If a member wants to redeem less than all of the remaining points in their balance, they must redeem at least 1000 points at a time. The company may make exceptions to this rule based on its sole discretion
22.3.2 Points can be redeemed to discount the cost of accommodation by 1€ per 100 points.
22.3.3 Points can not be paid out and applied discounts can not exceed the cost of accommodation for the reservation where they are applied.
22.3.4 Alternative redemption offers can be offered, which may include gift cards and other discounts.
22.4 Termination & blocking
22.4.1 Ordinary termination
22.4.1.a The member may duly terminate the membership at any time without notice and without being required to provide a reason for the termination.
22.4.1.b The operator may terminate the membership without providing reasons subject to a four-week notice period.
22.4.2 Extraordinary termination
An extraordinary termination without notice as well as exclusion from the program can be made by the operator. An important cause is present in particular in the event of a serious, culpable violation by the member of the terms and conditions of the company or the loyalty program.
22.4.3 Programme termination
The company reserves the right to discontinue limeloyalty at any time and terminate the membership agreements in an orderly manner. Paragraph 22.4.1 applies in such terminations.
22.5 Data protection
22.6 limeloyalty Shop
22.6.1a These General Terms and Conditions of Business (hereinafter referred to as “GTC”) apply to all offers and sales of goods within the framework of the limeloyalty Shop by
Rosenheimerstr. 143 a-d
in particular via the online shop under the domain “www.limehome.de/limeloyalty-shop”.
22.6.2 Orders, conclusion of contract for electronic orders
22.6.2a Application for purchase
Contractual partner of the customer is Limehome GmbH. The customer can select products from this suite and then initiate the order via the button “REQUEST NOW”. Via the button “REQUEST MY SUITE PRODUCT” the customer submits a binding request to purchase the selected product (“order”). We reserve the right to make technical and other changes within the scope of what is reasonable.
22.6.2b Purchase contract
Before sending the order, the customer can check all the information previously provided in the store (eg name, address, payment method, price) again and change it if necessary. Furthermore, he can view the terms and conditions at any time. Only by clicking the field “request my suite product” ” the customer makes a binding offer to Limehome to conclude a purchase contract. The receipt of the order by Limehome does not constitute an acceptance of the offer. A sales contract is only effectively concluded when Limehome has sent a declaration of acceptance in the form of an order confirmation by e-mail. Before the goods are shipped, the customer will receive a shipping confirmation by e-mail. If Limehome does not provide the customer with a declaration of acceptance (by separate e-mail) within three working days of receipt of the order by Limehome, the customer’s order is deemed not to have been accepted.
22.6.2c Contract text
In the email of the order or shipment confirmation or in a separate email, but at the latest upon delivery of the goods, the text of the contract (consisting of the order and the General Terms and Conditions) shall be linked to the customer by us in an email (“Order Confirmation Email”). The customer can print or save these General Terms and Conditions.
22.6.2d Goods not available
If goods ordered are not available at the time of the order, we reserve the right not to accept the order, so that no contract is concluded. We will inform the customer of this by means of a separate e-mail. Any payments already made in the form of limeloyalty points will be refunded to the customer.
22.6.2e Detailed information and representations
The information on the object of the delivery or other service (e.g. weights, dimensions, utility values, technical data, delivery times) as well as the representations of the same (e.g. drawings and illustrations) are only approximately authoritative, unless the usability for the contractually intended purpose requires an exact match. They are not guaranteed quality features, but descriptions or identifications of the delivery or service.
22.6.3 Right of withdrawal for consumers
Consumers are entitled to a right of revocation in accordance with the conditions set out below. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
22.6.3a Cancellation policy for sales contracts
You have the right to revoke this contract within thirty days without giving any reason. The revocation period is thirty days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (Limehome GmbH, Rosenheimerstr. 143 a-d, 81671Munich, phone number: +49 (0)89 412 07807, e-mail address: [email protected]) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
22.6.3b Consequences of revocation
If you revoke this contract, we will refund all payments (exclusively in the form of limeloyalty points) that we have received from the customer. This repayment (in the form of limeloyalty points) will be made to the limeloyalty account deposited by the customer. This will be repaid immediately and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. In no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us without undue delay and in any case no later than thirty days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of thirty days.
We will bear the costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
22.6.3c Revocation by returning the goods
As before, you can also revoke the contract by simply returning the goods without having to expressly declare your revocation again. Should you return the goods to us within the statutory revocation period without any explanation, we will consider this as a revocation of the purchase contract, so that the consequences described above will occur.
22.6.3d Exclusion and/or expiration of the right of revocation
In accordance with § 312g BGB, the right of revocation does not apply, among other things, to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, and it expires prematurely for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
22.6.4 Prices, shipment, delivery and performance time
22.6.4a Shipping costs
The shipping costs within Germany are covered by limehome GmbH.
22.6.4b Prices, payment
Payment is made exclusively by members of the Limehome membership program “limeloyalty”. These pay exclusively in the form of collected limeloyalty points.
Delivery is made to the delivery address specified by the customer, within Germany.
22.6.4d Refusal of performance
Limehome GmbH can refuse the achievement, as far as the achievement among other things due to events of higher force is impossible or as far as the achievement requires an expenditure, which under consideration of contents of the sales contract and the dictates of good faith in a rough disproportion to the interest of the customer in the fulfilment of the sales contract stands. Already paid amounts will be refunded by Limehome GmbH immediately.
22.6.5 Retention of title
Up to the complete settlement of all claims existing against the customer from the sales contract the supplied commodity remains in the property of Limehome GmbH. As long as this retention of title exists, the customer may neither resell the goods nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
22.6.6 Rights in case of defects
In the event of a material defect in the purchased item, the statutory provisions shall apply in principle. This means that the customer may first and foremost demand subsequent performance, i.e., at his option, subsequent delivery or rectification of the defect. If the other legal requirements are met, the customer is entitled to reduce the purchase price or withdraw from the contract. For claims for damages due to a defect in the item – in addition to or in deviation from the statutory requirements – the provisions set out in § 9 of the General Terms and Conditions shall apply.
Warranty claims shall become statute-barred in accordance with the statutory provisions.
Material defects are not:
Use-related or other natural wear and tear; condition of the goods or damage arising after the transfer of risk as a result of improper handling, storage or installation, non-compliance with installation or treatment instructions, excessive stress or use or lack of maintenance or care; condition of the goods or damage arising due to force majeure, external influences not assumed under the contract or due to the use of the goods outside the use assumed or customary under the contract.
22.6.7 Damages, liability
Limehome is liable for damages only in case of intent or gross negligence. For simple negligence Limehome is only liable for the violation of an obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer may regularly rely. In all other respects a liability for damages of all kinds, equal on which requirement basis, including the adhesion for being to blame for with conclusion of a contract, is impossible.
If Limehome is liable for simple negligence, the liability is limited to the damage that Limehome could typically expect to occur according to the circumstances known at the time of the conclusion of the contract.
The aforementioned exclusions and limitations of liability do not apply if Limehome has given a guarantee, nor if it is a matter of damage from injury to life, body or health, or if there are claims under the Product Liability Act.
The foregoing exclusions and limitations of liability also apply in favor of our employees, agents and other third parties whose services Limehome uses for the performance of the contract.
22.6.8 Storage of data, data protection
22.6.9 Applicable law
Contracts within the scope of these GTC shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
22.6.10 Place of jurisdiction
If, contrary to the information you provided when placing the order, you do not have a place of residence in the Federal Republic of Germany, or if you move your place of residence abroad after concluding the contract, or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Rosenheimerstr. 143 a-d, 81671 Munich.
22.6.11 Dispute resolution
General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which can be found at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
22.6.12 Final Provisions
Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract, insofar as a contracting party is not unreasonably disadvantaged thereby.
Amendments or supplements to this contract must be made in writing. Verbal subsidiary agreements do not exist.
23. PARKING SPACE BOOKING
- The guest can book a parking space through Limehome against payment. Limehome has no obligation to monitor the system.
- Limehome is only liable for loss of or damage to motor vehicles or bicycles parked or manoeuvred on the property or their contents in the event of intent or gross negligence. The guest is obliged to report any damage immediately, in any case before leaving the parking facility. Limehome is not liable for damage caused solely by other tenants or other third parties. Limehome is not liable for damage that is the sole responsibility of other tenants or other third parties.
- By driving on the parking area, the guest assures that he/she or the driver is in possession of the required driving license and that the vehicle has the legally required insurance coverage until it leaves the parking area.
- The guest has to keep to the general traffic conditions. The provisions of the Road Traffic Regulations (StVO) apply in the currently valid version.