General Terms and Conditions of numa group GmbH and its subsidiaries
General Terms and Conditions of numa group GmbH and its subsidiaries
These General Terms and Conditions apply to all contracts for the rental of apartments or rooms (unit) for accommodation, which are concluded between numa group GmbH or its respective domestic subsidiaries ("numa") and a guest (together "Parties"), as well as to all other services and deliveries provided by numa (accommodation contract), unless the parties have reached an individual agreement.
The guest's general terms and conditions are not recognized and shall only apply if this has been expressly agreed between the parties in advance.
1 Conclusion of contract
- The contractual partners are numa and the guest. The accommodation contract comes into effect upon acceptance of the guest's application by numa. numa is free to confirm the respective booking in text form.
- If a third party has booked for the guest, the guest shall be liable to numa together with the guest as joint and several debtor for all obligations arising from the accommodation contract, provided that numa has a corresponding declaration from the third party. These terms and conditions also apply to the third party.
- To make a booking, the person making the booking must be at least 18 years old. Minors travelling alone are not entitled to stay in a unit.
- By making a reservation, the guest offers to conclude an accommodation contract. If the booked unit is available, the guest receives a confirmation of reservation from numa. By this acceptance of the reservation made by the guest, an accommodation contract is concluded between numa and the guest. However, the guest does not acquire any claim to the provision of specific units, unless this has been expressly agreed in writing in the accommodation contract.
- Offers from numa with regard to available units are subject to change and non-binding. nua may, at its own discretion, refuse to conclude an accommodation contract.
- There is no entitlement to use the overnight accommodation service in a particular unit. numa reserves the right to define industry-standard restrictions such as minimum stays, booking guarantees or down payments for certain dates.
3 Cancellation policies
- A guaranteed reservation exists when the guest's payment has been received. A guaranteed reservation can be cancelled free of charge by the Guest in accordance with the stated cancellation terms and conditions and by quoting the reservation number. The customer's right of cancellation expires if he does not exercise his right of cancellation to numa by the agreed date.
- After expiry of the cancellation periods, cancellation shall be excluded and numa shall retain the claim to the agreed remuneration - despite non-utilisation of the service - less any expenses saved. The same applies in the event of the guest's no-show or if the guest leaves earlier than agreed. In the case of guaranteed reservations lasting several days, all subsequent nights including the second night are cancelled in the event of no-show and the guest has no claim to the subsequent nights.
- Normal reservations, i.e. reservations for which payment by the guest is not yet guaranteed, are valid until 13.00 hours on the day of arrival. After 13.00 hrs the reservation expires automatically and free of charge. numa is entitled to rent the reserved unit to another party.
- For normal reservations received after 13.00 hours of the arrival day, the guest has one hour to make the payment according to §5.
- Unless otherwise agreed between numa and the guest in the accommodation contract, in the case of a group booking (five units or more), the guest may cancel up to eight weeks before arrival. If the customer cancels the accommodation contract up to four weeks before arrival, numa is entitled to charge 50% of all reserved services. If the guest cancels at a later date, numa is entitled to invoice 100 % of all reserved services.
4 Accommodation and other prices
- The prices stated by numa at the time of conclusion of the contract shall apply. The applicable prices are gross total prices and include all statutory taxes, fees and charges. Not included and charged separately are local charges which are owed by the guest himself in accordance with the respective local law, such as tourist tax.
- numa reserves the right to adjust prices accordingly in the event of changes in the rates of taxes, fees and charges and the effective levying of new taxes, fees and charges previously unknown to the parties. In the case of contracts with consumers, this shall only apply if the period between the conclusion of the contract (confirmation of booking) and the adjustment of the contract exceeds four months.
- numa may make its consent to a subsequent reduction in the number of units booked, the service provided by numa or the length of stay of the guest requested by the guest dependent on an increase in the price of the units and/or other services provided by numa.
5 Terms of payment
- 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, China Union Pay, Diners Club, Discover Card, PayPal. Apple Pay and Google Pay. Furthermore, you can pay by instant bank transfer. Cash payments are excluded.
- numa reserves the right to debit the deposited means of payment with the outstanding amounts for any fees subsequently incurred as a result of additional services used or breaches of the General Terms and Conditions, in particular contractual penalties incurred.
- numa invoices without a due date shall be payable immediately upon receipt of the invoice without deduction.
- numa shall be entitled at any time to declare accrued claims due and to demand immediate payment. In the event of default of payment, numa shall be entitled to charge the respectively applicable statutory default interest at the current rate of 9% or, in the case of legal transactions involving a consumer, at 5% above the base rate. numa reserves the right to prove higher damages.
6 Use of booked units
- A reserved unit is available to the guest from 3 p.m. on the day of arrival and until 11 a.m. on the day of departure. The guest has no claim to earlier or later availability in the aforementioned sense.
- Unless otherwise agreed, on the agreed day of departure, the keys and, if applicable, code cards provided are to be handed over to numa or a third party named by the accommodation company, or, if agreed, left in the unit. If a key or code card issued is lost or not handed in on departure, this will be charged with a fee of EUR 40.00. numa remains entitled to demand compensation from the guest for any damage incurred as a result, insofar as this exceeds the amount of EUR 40.00. This includes the costs of replacing the keys and code cards, if agreed. This includes the costs for the replacement of the affected locking system, insofar as this is necessary for security reasons.
- Upon request and depending on availability, a late check-out can be agreed with numa in advance. If numa agrees to a late check-out, numa is entitled to charge EUR 10.00 per hour or part thereof for the additional use of the unit. For departures that take place after 2.00 p.m., the full daily price (according to numa's homepage) of the unit will be charged. There is no contractual entitlement to a late check-out.
- Should a guest fail to vacate the unit by 11.00 a.m. at the latest, numa may charge 50% of the full daily rate (list price) for the late vacating of the unit for its use in excess of the contract until 2.00 p.m., and 100% thereafter.
- Upon request and depending on availability, an earlier arrival (early check-in) can be agreed with numa in advance. If numa agrees to an early check-in, numa is entitled to charge EUR 10.00 per hour or part thereof for the additional use of the unit. There is no contractual entitlement to an early check-in.
- The resale/rental and/or further mediation of booked units is prohibited. In particular, the resale of units and/or unit quotas to third parties at higher prices than the actual unit prices is prohibited. The assignment or sale of the claim against numa is also not permitted. In such cases, numa is entitled to cancel the booking, in particular if the guest has made false statements to the third party about the type of booking or payment at the time of cession/sale.
- The subletting of the unit provided, its use for purposes other than accommodation and the use of space outside the rented premises for advertising, job interviews, sales and similar events also require the prior express consent of numa in text form. § Section 540 para. 1 sentence 2 of the German Civil Code (BGB) shall not apply if the customer is not a consumer.
- Use of the unit for any purpose other than the accommodation purpose, in particular any commercial use by the guest, is prohibited.
8 Liability of numa
- numa shall be liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, numa shall be liable for other damages which are based on an intentional or grossly negligent breach of duty by numa. In the case of simple negligence, numa's liability is limited to the foreseeable damage typical of the contract, if a duty is violated, the fulfilment of which is essential for the proper performance of the accommodation contract and on the observance of which you as a guest may regularly rely (cardinal obligation). A breach of duty on the part of numa is equivalent to that of its legal representatives, employees or vicarious agents. Further claims for damages are excluded, unless otherwise regulated in these GTC.
- Should malfunctions or defects occur in the services of numa, numa shall endeavour to remedy them as soon as it becomes aware of them or upon immediate notification of the guest. The guest is obliged to make a reasonable contribution to remedy the disturbance and to keep any possible damage to a minimum. Furthermore, the guest is obliged to inform numa immediately of the possibility of extraordinarily high damages.
- numa is liable for objects brought in according to the statutory provisions. The claim expires if the guest does not notify numa immediately after becoming aware of the loss, destruction or damage of the brought-in item, unless this delayed notification has no effect on the clarification of the facts. If the guest brings money, securities and valuables with a value of more than EUR 800, numa's liability is limited to the aforementioned amount. If the guest brings other items with a value of more than EUR 3,500.00 into the unit, then the liability is limited to one hundred times the price of the booked unit for one day, but not more than EUR 3,500.00. Any damages exceeding the liability limits must be borne by the guest.
- If a parking space is provided to the guest, even against payment, this does not constitute a safekeeping contract. numa has no duty of supervision. In the event of loss of or damage to motor vehicles or bicycles parked or maneuvered on the property or their contents, numa shall only be liable in the event of intent or gross negligence. The guest is obliged to report any damage immediately, obvious damage, in any case before leaving the parking facility. numa is not liable for damage for which other tenants or other third parties are solely responsible.
- All claims against numa shall in principle become statute-barred within one year from the statutory commencement of the 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 a grossly negligent or intentional breach of duty by numa as well as in the case of breaches of a cardinal obligation within the meaning of Section 8a.
- numa accepts no liability for lost property. Excluded from this is liability due to intentional or grossly negligent breaches of duty on the part of numa. Lost items shall only be returned on request, for a fee and for a processing fee of EUR 10.00. The accommodation company undertakes to store the lost property for a period of six months.
- Any items left behind by the guest will be sent to the guest on request at the guest's risk and expense. numa shall store the items for six months and shall charge an appropriate fee for this, which is customary for this purpose and is based on the time and effort required for storage. After expiry of the period of safekeeping, the items will be handed over to the local loss-and-found office, if they have a recognisable value.
- §536, 536a BGB are not applicable. numa shall not be liable for theft of or damage to clothes or any other items brought by the customer or his or her companions.
- numa does not take any responsibility or liability for any damage, theft or loss of items placed or left in the luggage lockers, in publicly accessible or common areas.
9 Guest data
- In order to ensure communication with the guest, numa requires that the e-mail address and the telephone number are provided. To verify the identity of the guest, numa 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 in digital form.
- If the identity of a guest cannot be clarified due to missing or incorrect documents, numa is entitled to cancel the booking.
- In order to avoid fraudulent bookings, numa uses software solutions which use the requested data (e-mail address, residential address, telephone number, credit card, etc.) to determine a so-called "fraud prevention score" for each guest and identify fraudulent bookings. Should the software detect such a booking, numa reserves the right to cancel the booking.
10 Termination of the accommodation contract
- numa is entitled to terminate the accommodation contract for good cause. Good cause shall be deemed to exist in particular if (i) force majeure or other circumstances beyond the control of numa make the fulfilment of the accommodation contract impossible, (ii) units are booked under misleading or false information or withholding of essential facts; (iii) numa has reasonable reasons to assume that the use of the service may jeopardise the smooth business operations, the security or the public reputation of numa and its locations, without this being attributable to the controlling or the responsible party. (iv) the purpose or cause of the stay is unlawful; or (v) in the case of resale/rental and/or further mediation (see clause 7). (vi) Good cause also exists if the guest otherwise violates the General Terms and Conditions.
- numa is entitled to withdraw from the accommodation contract if it has been agreed in writing that the guest can withdraw from the accommodation contract free of charge within a certain period of time.
- numa must inform the guest immediately of the exercise of the right of termination.
- If numa terminates the contract due to a circumstance for which the guest is responsible or for a reason in accordance with the above-mentioned clause 1, numa shall also be entitled to cancel or reject future bookings of the guest, even if these have already been confirmed by numa.
- In the event of a justified termination of the accommodation, the guest shall not be entitled to compensation.
- A voucher purchased from numa can only be redeemed for accommodation services provided by numa. If there are any 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 cannot be redeemed for cash. The person ordering the voucher is responsible for providing the correct data (in particular e-mail address) to which the voucher and invoice are to 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 provided before the deadline, 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 sent to numa group GmbH, keyword: voucher; by e-mail: email@example.com.
12 Smoking prohibited in the unit and general areas
- The units are non-smoking units. It is therefore prohibited to smoke in the common areas as well as in the guest units and balcony and/or terrace areas.
- The violation of our general smoking ban constitutes a use in breach of contract and will be punished by numa with a contractual penalty in the amount of EUR 150.00. We expressly reserve the right to claim further damages due to increased cleaning costs and possible loss of sales resulting from the impossibility of renting out the unit.
- There are networked smoke detectors in the building which are directly connected to the fire brigade control centre (fire alarm system). The guest is fully liable for the intentional or negligent triggering of the fire alarm system (e.g. through violation of the smoking ban), but at least to the amount of the actual costs incurred (e.g. deployment costs of the fire department).
13 No parties in units, quiet periods
- As a matter of principle, noise in the booked unit, the jointly used rooms as well as on the surrounding grounds is to be avoided. Night-time rest is to be observed from 10 p.m. to 6 a.m. ("quiet hours").
- It is not permitted to hold parties in the units.
- The violation of the quiet times and the holding of celebrations or parties constitutes a use in breach of contract and will be punished by numa with a contractual penalty in the amount of EUR 250.00. The right is expressly reserved to claim further damages due to increased cleaning costs and possible loss of sales resulting from the impossibility of renting out the unit.
14 Damage or theft
- The guest must treat the unit with care and in particular avoid gross soiling. If there is soiling that goes beyond normal use during the guest's stay or even after his departure, numa has the right to charge the guest an additional cleaning fee of at least EUR 50.00 (depending on the condition of the unit).
- In the event of damage that goes beyond normal use or theft, numa has the right to charge the guest for the damage as well as the separate expenses for rectifying the damage, including any loss of revenue from the resulting impossibility of renting out the unit. Even slight negligence shall justify the customer's obligation to pay compensation.
- The same applies to damages caused by third parties, insofar as these are on the premises of numa at the instigation of the customer.
- Deliberate damage to inventory, pieces of furniture or the unit itself also constitutes use in breach of contract and will be punished by numa with a contractual penalty of EUR 150.00 per case of damage. This also applies to the removal of inventory or pieces of furniture or disruption of technical systems, in particular the smoke detectors.
- It is not allowed to bring a pet with you. However, exceptions are guide dogs, deaf dogs and other similar service dogs. These may be brought along free of charge and at any time upon proof. numa is entitled to make further exceptions to the above principle. The guest has no claim to these.
- If a pet stays in the unit without permission, a lump sum of EUR 150.00 will be charged as a special cleaning fee on the part of numa.
- The guest undertakes to treat the unit provided, the furnishings as well as the rooms, equipment and facilities intended for common use with care and to ensure proper ventilation and heating.
- The guest further undertakes, when moving into the unit, to check the facility for completeness and suitability for use and to notify numa immediately of any complaints.
- The guest is liable for all damage to the unit provided, the furnishings and the rooms, equipment and facilities intended for communal use, which he or his visitors have culpably caused through use contrary to the contract and which cannot be attributed to normal wear and tear. The guest must notify numa immediately of any damage to the unit provided.
- The unit is regularly cleaned by numa. The guest shall grant access to the unit to the service provider commissioned by numa for this purpose.
17 Group bookings / contingent contracts / event times
- In the case of group bookings of more than five units and quota contracts, separate payment and cancellation conditions apply, which result specifically 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.
18 Internet usage
- numa shall provide the guest with internet access within the framework of existing technical and operational possibilities. Disruptions, for example due to force majeure, maintenance measures or similar, cannot be excluded.
- The guest may not misuse the Internet connection. An abusive use exists in particular in the following cases: 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 observe the copyrights, patent rights, name rights, trademark rights and personal rights of third parties when using the content. The guest shall indemnify numa on first request from all claims and claims for damages by third parties and from the costs of legal defence in an appropriate amount which have been caused by the unlawful use of the internet connection provided by the guest or by third parties with the knowledge of the guest. This indemnity claim includes in particular claims arising from the violation of copyrights, patent rights, name rights, trademark rights and personal rights as well as violations of data protection laws.
- The guest is prohibited from passing on the login data for the Internet connection to third parties. In the event of violation, the guest shall be liable to numa for all damage caused by the forwarding of the access data.
- numa also reserves the right to block the guest's internet connection in the event of legal violations.
19 Data Protection
20 Final provisions
- The unit equipment and services offered at each property correspond to Numa
standards and may deviate from the country-specific criteria of the star hotel
- 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 service and place of payment are the registered office of the respective accommodation facility.
- Exclusive place of jurisdiction for commercial transactions is Berlin. If a contractual partner fulfils the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Berlin.
- German law applies. The application of the UN Convention on Contracts for the International Sale of Goods 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 company is neither willing nor obliged to take part in a dispute settlement procedure before a consumer arbitration board.