1. SCOPE OF APPLICATION & CONTRACTUAL PARTNERS

1. These General Terms and Conditions, hereinafter referred to as GTC, shall apply to all contracts for the rental of apartments and apartments for accommodation concluded between CARICASA GmbH (hereinafter referred to as CARICASA) and third parties (guests), as well as to all other services and deliveries provided by the aforementioned company.
2. The contractual partner of the guest in Germany is CARICASA GmbH.

3. The customer's general terms and conditions shall only apply if this has been expressly agreed in advance in text form.

2. RESERVATIONS/BOOKING

1. By making a reservation/booking, the guest offers to conclude an accommodation contract. If the booked apartment is available, the guest shall receive a reservation/booking confirmation from CARICASA. This confirmation shall constitute an accommodation contract between CARICASA and the guest.
2. Offers made by CARICASA in relation to available apartments are subject to change and non-binding. CARICASA is free to refuse to conclude an accommodation contract at its own discretion.
3. If the guest books only one category in an offered property, the guest is not entitled to use the accommodation service in a specific apartment/unit. CARICASA reserves the right to impose industry-standard restrictions such as minimum stays, booking guarantees or deposits for certain travel dates.

3. CANCELLATION DEADLINES/CANCELLATION BY THE CUSTOMER/NON-UTILIZATION OF SERVICES (NO SHOW)

1. A reservation is only guaranteed once the guest has made payment to CARICASA. This can be canceled by the guest free of charge in accordance with the stated cancellation conditions and cancellation deadlines, stating the corresponding reservation number.
   If a right of withdrawal has not been agreed or has already lapsed (expiry of free cancellation period), there is also no statutory right of withdrawal or termination and if CARICASA does not agree to cancel the contract, CARICASA shall retain the claim to the agreed remuneration despite non-utilization of the service (no-show) or late cancellation. CARICASA shall offset the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented to other parties, CARICASA may make a lump-sum deduction for saved expenses. In this case, the customer shall be obliged to pay 90% of the contractually agreed price for overnight accommodation. The customer shall be free to prove that the aforementioned claim did not arise or did not arise in the amount claimed. In addition, in the event of a no-show by the guest in the case of reservations guaranteed for several days, all further nights will be canceled from the first night and the guest will not be entitled to the following nights.
2. For reservations made on the day of arrival, the guest must make payment for the stay immediately in accordance with §5, usually within one hour.

4. ACCOMMODATION PRICES & OTHER PRICES

1. The prices quoted by CARICASA at the time of conclusion of the contract shall apply.
   Applicable and stated prices are gross and include all statutory taxes, fees and charges.
   Local taxes owed by the guest, such as visitor's tax, are not included.

5. TERMS OF PAYMENT & INVOICE

1. The price for the accommodation service booked by the guest must always be paid in advance by the guest.
2. Offsetting by the guest is excluded unless the offsetting relates to an undisputed or legally established claim.
3. Accepted means of payment are MasterCard, Visa, American Express, Sofortüberweisung/Klarna, Paypal or regular bank transfer.
   Cash payment is not accepted.
4. CARICASA reserves the right to debit the deposited payment methods with amounts for additional services used or breaches of the General Terms and Conditions. The guest expressly authorizes CARICASA to do so.
5. By making a reservation, the guest agrees to receive their invoice as a download or by e-mail.

6. POSSIBLE USES OF RESERVED APARTMENTS

1. A reserved apartment is available for the period specified after booking.
2. The keys, parking passes and/or key cards provided by CARICASA must be left at CARICASA, a third party designated by CARICASA or at the storage location in the apartment designated by CARICASA by means of signage and/or a message on the day of departure.
   If a key, key card or parking permit is lost or if these items are not returned, a fee of €40.00 will be charged. CARICASA is further entitled to charge the guest additional compensation for the resulting damage if the damage exceeds €40.00. This also includes the replacement of the affected locking system if this is necessary for security reasons. The guest has the option of proving that CARICASA has suffered less damage or no damage at all.
3. A later departure (late check-out) can be agreed between CARICASA and the guest on request and subject to availability.
   If CARICASA agrees to the late check-out, CARICASA shall be entitled to charge €10.00 per hour or part thereof for the additional use of the apartment. In the absence of consent, CARICASA shall be entitled to charge €30.00 for each hour or part thereof. In the event of departure more than 3 hours after the originally agreed check-out time, the full accommodation price of the apartment shall be charged if CARICASA has given its consent. In the absence of consent, the guest shall owe compensation for any further damage incurred in addition to the full accommodation price. The guest shall have the option of proving that CARICASA has incurred less damage or no damage at all.
4. The guest cannot derive a contractual claim to a late check-out.
5. An earlier arrival (early check-in) can be arranged between CARICASA and the guest on request and subject to availability.
   If CARICASA agrees to early check-in, CARICASA shall be entitled to charge € 10.00 per hour or part thereof for the additional use of the apartment. The guest cannot derive a contractual claim to an early check-in.

7. Transfer, subletting, use

1. The subletting or subletting of the booked apartment is prohibited. This includes in particular the subletting of apartments or apartment allotments to third parties at prices higher than those stated by CARICASA.

Similarly, the assignment or sale of claims against CARICASA is not permitted.
In such cases, CARICASA shall be entitled to cancel the reservation, in particular if the guest has provided false information about the type of booking or payment to third parties at the time of assignment/sale.

1. The use of CARICASA apartments for purposes other than accommodation is expressly prohibited.
   In particular, this includes any commercial or illegal use.
   The use of the apartments for photo or video recordings is also prohibited without explicit consent. In the event of use for reasons other than accommodation, CARICASA reserves the right to cancel the reservation without refund and to vacate the rented property.

8. LIABILITY OF CARICASA

1. CARICASA shall have unlimited liability for damages for which it is responsible arising from injury to life, limb or health. CARICASA shall also be liable for other damage caused by an intentional or grossly negligent breach of duty by CARICASA.
   In the event of simple negligence, CARICASA shall only be liable, limited to the foreseeable damage typical of the contract, if an obligation is breached, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the guest may rely (cardinal obligation).
   A breach of duty by CARICASA shall be deemed equivalent to a breach of duty by its legal representatives, employees or vicarious agents.
   Further claims for damages - unless otherwise regulated in these General Terms and Conditions - are excluded.
2. In the event of disruptions or defects in CARICASA's services, CARICASA shall endeavor to remedy the situation upon immediate complaint by the guest or upon knowledge thereof.
   The guest is also obliged to make reasonable efforts to remedy the disruption or defect and to minimize any resulting damage.
   In addition, the guest is obliged to inform CARICASA immediately of the possibility of high damages.
3. CARICASA shall be liable for items brought into the hotel in accordance with the statutory provisions. Any claim by the guest shall lapse if he does not notify CARICASA immediately after becoming aware of the loss, destruction or damage, with the exception that late notification shall have no effect on the clarification of the facts.
   A separate written agreement with CARICASA shall be required in the event that funds, valuables or other valuables with a value of more than € 800.00 or other items with a value of more than € 3,500.00 are brought in. Otherwise, CARICASA shall not be liable for the loss, destruction or damage of these means or objects.
4. No safekeeping agreement is concluded if a parking space is made available to the guest by CARICASA for a fee or free of charge. This does not result in any monitoring obligation for CARICASA.
   CARICASA shall only be liable for loss of, theft of or damage to motor vehicles parked or maneuvered on the property and/or parking space provided by or through CARICASA in the event of intent or gross negligence.
   The guest is obliged to report any damage immediately. Obvious damage must be reported before leaving the pitch.
   CARICASA shall not be liable for damage for which other guests or other third parties are solely responsible.
5. Any claims against CARICASA shall generally become time-barred within one year from the commencement of the statutory limitation period. This shall 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 CARICASA or in the event of breach of a cardinal obligation.
6. CARICASA accepts no liability for lost property. Excluded from this is liability due to intentional or grossly negligent breaches of duty by CARICASA. Lost property will only be returned on request for a fee and an additional handling charge of €15.00.
   CARICASA undertakes to store lost property for a period of six months. They will then be disposed of.

9. CAUTION

1. In order to secure all claims of CARICASA against the guest resulting from the accommodation contract, CARICASA shall be entitled to collect the following security deposits from the guest before providing the apartments:
2. For stays of less than three months, a deposit of € 250.00.
3. For stays of three to six months, a deposit equal to one month's accommodation price.
4. In the event of a stay of less than three months, CARICASA shall be entitled to pay the deposit/security deposit by pre-authorizing the means of payment in settlement of the security deposit.
   If the guest does not pay the deposit/security deposit, he/she is not entitled to stay in the apartment.
   If CARICASA has left the apartment to the guest despite this, CARICASA shall be entitled to terminate the accommodation contract without notice if the deposit is not paid within a reasonable grace period to be set.
5. CARICASA is obliged to settle the deposit within one month of termination of the accommodation contract.

10. CUSTOMER DATA

1. CARICASA collects and records the guest's e-mail address and telephone number to ensure communication.
   Likewise, CARICASA is entitled to request a valid identification document digitally at check-in.
   For domestic guests this is an identity card or passport, for foreign guests always a passport.
2. If the identity of a guest cannot be clarified beyond doubt due to missing or incorrect documents, CARICASA is entitled to cancel the booking.

CARICASA is entitled to cancel the booking of a guest if the identity of a guest cannot be clarified beyond doubt due to missing or incorrect documents.

1. To prevent fraudulent and defective bookings, CARICASA uses software solutions that determine a "fraud prevention score" for each guest using the data requested from the guest (e-mail address, telephone number, credit card details, address) in order to detect fraudulent bookings.
   CARICASA reserves the right to cancel a booking marked accordingly by the system.

11. TERMINATION OF THE ACCOMMODATION CONTRACT

1. CARICASA reserves the right and is entitled to terminate an accommodation contract for good cause.
   In particular, there is good cause if
   a) force majeure or other circumstances for which CARICASA is not responsible make it impossible to fulfill the contract
   b) CARICASA has reasonable grounds to believe that the use of the accommodation service may jeopardize either the smooth operation of the business, the safety or the public image of CARICASA and its locations, without this being attributable to CARICASA's sphere of control or organization

1. c) bookings are culpably made with misleading or false information or concealment of material facts; material facts may include, but are not limited to, the identity of the guest, the ability to pay or the purpose of the stay
2. d) the purpose or reason for the stay is unlawful or serves the purpose of residential prostitution
3. e) In the event of resale or subletting and/or brokering (see clause 7)

CARICASA shall inform the guest immediately of the exercise of the right of termination.

1. The guest shall not be entitled to compensation in the event of justified termination by CARICASA.

3. If CARICASA terminates the contract due to a circumstance for which the guest is responsible or for a reason in accordance with Section 1 above, CARICASA shall also be entitled to cancel or refuse future bookings made by the guest, even if these have already been confirmed by CARICASA.

12. VOUCHERS

1. A voucher purchased from CARICASA can only be redeemed for CARICASA services. If there are any remaining credit balances when paying with the voucher, these remain and can be used for further bookings. Vouchers cannot be returned, are not resaleable or transferable and cannot be redeemed in whole or in part for cash. The purchaser of the voucher is responsible for providing the correct details (in particular e-mail address) to which the voucher and invoice are to be sent.

13. Smoking ban

1. All CARICASA apartments are non-smoking apartments. Smoking in the apartments as well as in the common areas of CARICASA is strictly prohibited. This also applies to e-cigarettes, shishas, tobacco heaters and similar devices.
   Smoking on balconies and/or terraces is only permitted with the appropriate signage and the door to the apartment closed.

In the event of non-compliance, CARICASA shall have the right to demand compensation from the guest for the separately necessary cleaning costs, including any loss of revenue resulting from an unreasonable re-letting of the apartment due to the incident, in the amount of at least EUR 250.00. This amount of compensation shall nevertheless be set higher if CARICASA can prove that the damage was higher. The guest shall be entitled to prove that CARICASA has suffered less damage or no damage at all,

1. Manipulating or blocking emergency exits, fire extinguishers or the fire/house alarm is prohibited. Violations may result in a fine of 150 €.
   This also applies to tampering with or switching off security and decibel sensors within the apartment.
2. CARICASA is entitled to terminate an active booking with immediate effect and to expel guests from the hotel if it becomes aware of violations under points 1 and 2. There is no entitlement to a refund or partial refund in such cases. The guest shall be entitled to prove that CARICASA has suffered less or no damage,
3. CARICASA buildings may contain networked smoke detectors that are directly connected to the control center of the fire department or a security service. The guest shall be fully liable for the intentional or negligent activation of the fire alarm system (e.g. due to a breach of the smoking ban), but at least to the amount of the costs actually incurred (e.g. fire department or security service deployment costs).

14. Ban on parties and gatherings

1. Noise must be avoided in the booked apartment, the communal areas and the surrounding grounds. Quiet hours must be observed from 10 p.m. to 6 a.m. ("quiet hours"), unless other times are specified in the house rules.
   Parties and gatherings are strictly prohibited in the apartments and communal areas of CARICASA.

2. In the event of non-compliance, CARICASA shall have the right to demand compensation from the guest for the separately necessary cleaning costs, including any loss of revenue resulting from an unreasonable re-letting of the apartment due to the incident, in the amount of EUR 500.00. The right to further compensation is not affected by this. The guest shall be entitled to prove that CARICASA has suffered less damage or no damage at all,

1. CARICASA apartments may be equipped with sensors for decibel measurement.
   These sensors do not record voices or conversations, but are used to detect excessive volume.
   Sensors for decibel measurement can also be installed in common areas of CARICASA, such as corridors or other common areas, as well as active video surveillance, which records 24/7 and stores it in a cloud environment.

1. CARICASA is entitled to terminate an active booking with immediate effect and to expel guests from the hotel if it becomes aware of violations under points 1 and 2. There is no entitlement to a refund or partial refund in such cases. The guest shall be entitled to prove that CARICASA has suffered less or no damage,
   CARICASA reserves the right to use the services of a third party, such as a security service, to enforce its domiciliary rights.
   Any costs incurred through the intervention of a third party will be passed on to the guest.

15. DAMAGE OR UNAUTHORIZED REMOVAL OF INVENTORY

1. Should damage occur during the accommodation beyond the contractual use or if inventory is removed from the unit without authorization, CARICASA shall be entitled to compensation, which shall include in particular the expenses for remedying the damage, including any loss of revenue resulting from the inability to rent out the apartment, legal costs plus a processing fee of €50 for such a case of damage. The guest shall be entitled to prove that CARICASA has suffered less damage or no damage at all. 

16. PETS

1. Pets are not permitted in apartments and communal areas. Exceptions are guide dogs, deaf dogs and other comparable service dogs. These may be brought along free of charge and at any time upon presentation of proof.
   The corresponding proof must be presented to CARICASA before check-in.
2. CARICASA is entitled to make further exceptions to the aforementioned principle. The guest has no claim to this. If a pet stays in a unit without permission, CARICASA will charge a flat rate of EUR 150.00 for a special cleaning fee.
   CARICASA is entitled to cancel an active booking with immediate effect and to expel guests from the hotel in the event of violations of point 1. There is no entitlement to a refund or partial refund in such cases. The guest has the option of proving that CARICASA has suffered less or no damage.

17. MAINTENANCE

1. By booking an apartment from CARICASA, the guest undertakes to treat the apartment provided and the rooms, facilities and equipment intended for communal use with care and attention, to ensure adequate ventilation and heating and to avoid gross soiling. If there is soiling that goes beyond normal use during the guest's stay or even after the guest's departure, CARICASA shall be entitled to charge the guest an additional cleaning fee of at least EUR 50.00 (depending on the condition of the unit). The guest shall be entitled to prove that CARICASA has incurred less damage or no damage at all,
2. Furthermore, the guest undertakes to check the furnishings of the apartment for completeness and suitability for use upon occupancy and to notify CARICASA immediately of any defects and complaints.
3. The guest is liable for all damage to the apartment provided to him, the furnishings and the rooms, facilities and equipment intended for communal use, which he or his visitors have culpably caused through use contrary to the contract and which is not attributable to normal wear and tear.
   The guest must notify CARICASA immediately of any damage to the apartment provided.
4. For bookings of more than 7 nights, CARICASA is entitled to carry out weekly intermediate cleanings. The guest is obliged to grant the service provider commissioned by CARICASA or CARICASA employees access to the apartment for this purpose. 

18. INTERNET USE

1. CARICASA shall provide the guest with Internet access within the scope of the existing technical and operational possibilities. Disruptions, for example due to force majeure or maintenance work or similar, cannot be ruled out.
2. The guest may not misuse the Internet connection. Misuse is deemed to have occurred in the following cases in particular: Downloading 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 respect the copyrights, patent rights, rights to names, trademarks and personal rights of third parties when using the website. The guest shall indemnify CARICASA upon first request against all claims and claims for damages by third parties as well as against the costs of legal defense in a reasonable amount caused by unlawful use of the Internet connection provided by the guest or by third parties with the knowledge of the guest. This indemnification claim includes in particular claims arising from the violation of copyright, patent, name, trademark and personal rights as well as violations of data protection laws.
3. The guest is prohibited from passing on the access data for the CARICASA Internet connection to third parties. This also applies to the publication of any access data. In the event of non-compliance, the guest shall be liable to CARICASA for all damages caused by the disclosure of the access data.
4. Furthermore, CARICASA reserves the right to block the guest's Internet connection in the event of legal violations.

20. DATA PROTECTION

1. The data protection regulations can be viewed at: 

21. FINAL PROVISIONS

1. Amendments and supplements as well as the cancellation of the accommodation contract, the acceptance of the application or these General Terms and Conditions must be made in text form. This also applies to the cancellation of this text form clause. Unilateral amendments or additions by the guest are invalid.
2. The place of performance and payment shall be the registered office of the accommodation provider.
3. The exclusive place of jurisdiction for commercial transactions shall be the registered office of the accommodation provider. If a contracting party fulfills the requirements of Section 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the accommodation provider.
4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
5. Should a provision of this contract be or become invalid, void or voidable, this shall not affect the validity of the remaining provisions. In place of the invalid/void provision, the parties shall agree on a provision that comes closest to the intended purpose of the invalid/void provision. This also applies to the filling of any gaps in the contract.
6. The accommodation provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.