AGB

General Terms and Conditions of HUB Apartments GmbH as of December 2024

1 SCOPE

1.1 These general terms and conditions apply to contractual relationships regarding the rental of apartments or hotel rooms for accommodation (hereinafter: "Apartment") and conference, banquet, and event rooms for events such as banquets, seminars, conferences, etc. (hereinafter: "Event Room" and "Event Rooms"), as well as all other services and deliveries provided to the customer in this context (hereinafter: "Contract") by HUB Apartments GmbH (hereinafter: "Apartment Provider"). They do not apply to package tours within the meaning of Section 651a of the German Civil Code (BGB). The term "Accommodation Contract" includes and replaces the following terms: guest accommodation, hotel, hotel accommodation, hotel room, accommodation, and event contract.

1.2 The subletting or further rental of the apartments as well as their use for purposes other than accommodation require the prior written consent of the apartment provider, whereby the right of termination is waived in accordance with Section 540 Paragraph 1 Sentence 2 of the German Civil Code (BGB).

1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in writing.

2 CONCLUSION OF CONTRACT, CONTRACTUAL PARTNERS: The contracting parties are the apartment provider and the customer. The accommodation contract is concluded upon acceptance of the customer's application by the apartment provider. In the case of booking via the apartment provider's website, the contract is concluded upon clicking the "Book bindingly" button.

3 DATA PROVISION FOR THE IMPLEMENTATION OF THE ACCOMMODATION CONTRACT

3.1 In order to ensure the proper execution of the accommodation contract and in accordance with the statutory registration requirements under the Federal Registration Act, the customer is obliged to provide the apartment provider with the following information (the “Required Information”) completely and truthfully:• Date of arrival and expected departure,• First name and surname,• Full address,• Number of accompanying persons,• Date of birth.

3.2 By making a binding booking in accordance with Section 2 of these Terms and Conditions, the customer confirms that the information provided is complete and correct and undertakes to notify us of any changes immediately.

3.3 If the customer does not provide the required information in a timely manner, completely and correctly, the apartment provider is entitled to cancel the accommodation contract and withdraw from the provision of the service in accordance with Section 6.3.

4 SERVICES, PRICES, PAYMENT, SET-OFF

4.1 The apartment provider is obliged to provide an apartment of the apartment category booked by the customer or the event room booked by the customer and to provide the agreed services.

4.2 The customer is obligated to pay the agreed or applicable prices of the apartment provider for the rental of the apartment or event space and any additional services used by the customer. This also applies to services commissioned by the customer directly or through the apartment provider that are provided by third parties and paid for by the apartment provider.

4.3 The agreed prices include taxes and local charges applicable at the time of contract conclusion. Local charges that are payable by the customer under the respective municipal law, such as tourist tax, are not included. If the statutory sales tax changes or if local charges on the service are introduced, changed, or abolished after contract conclusion, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between contract conclusion and contract fulfillment exceeds four months.

4.4 If payment by invoice has been agreed, payment must be made without deduction within ten days of receipt of the invoice, unless otherwise agreed.

4.5 The apartment provider is entitled to request an appropriate advance payment or security deposit from the customer upon conclusion of the contract, for example, in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract. In the event of default by the customer, the statutory provisions apply.

4.6 In justified cases, for example, if the customer is in arrears with payment or if the scope of the contract is extended, the apartment provider is entitled, even after the conclusion of the contract and up to the start of the stay, to demand an advance payment or security deposit within the meaning of paragraph 4.5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

4.7 The apartment provider is further entitled to request an appropriate advance payment or security deposit from the customer at the beginning and during the stay as defined in clause 4.5 above for existing and future claims arising from the contract, unless such payment has already been made in accordance with clause 4.5 and/or 4.6 above.

4.8 The customer may only offset or set off a claim against a claim of the apartment provider if the claim is undisputed or has been legally established.

4.9 The customer agrees that the invoice may be sent electronically. 5 Withdrawal/Termination ("Cancellation") by the customer/Non-use of the apartment provider's services ("No Show")

5.1 A unilateral termination of the contract concluded with the apartment provider by the customer is only possible if a right of withdrawal has been expressly agreed in the contract or if a statutory right of withdrawal or termination exists.

5.2 If a date for withdrawal from the contract free of charge has been agreed between the apartment provider and the customer, the customer may withdraw from the contract up to that date without triggering any payment or compensation claims from the apartment provider. The customer's right of withdrawal expires if they do not exercise this right in writing to the apartment provider by the agreed date.

5.3 If a right of withdrawal has not been agreed or has already expired, and if there is no statutory right of withdrawal or termination, the apartment provider retains the right to the agreed remuneration despite non-use of the service. The apartment provider must deduct any income from renting the apartment or event space to another party, as well as any saved expenses. If the apartment or event space is not rented to another party, the apartment provider may deduct a lump sum for saved expenses. In this case, the customer is obligated to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast, or for use of the event space, as well as for package arrangements with third-party services. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise to the required amount.

5.4 In the event of a no-show without prior cancellation, the apartment provider is entitled to charge the full invoice amount (100%) for at least the first night. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise to the required amount.

6 WITHDRAWAL BY THE APARTMENT PROVIDER

6.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the apartment provider is entitled to withdraw from the contract during this period if other customers request the contractually booked apartment or event space and the customer does not waive their right of withdrawal upon request from the apartment provider within a reasonable period of time. This applies accordingly if an option is granted if other requests are received and the customer is not prepared to make a firm booking upon request from the apartment provider within a reasonable period of time.

6.2 If an advance payment or security deposit agreed or requested in accordance with clause 4.5 and/or clause 4.6 is not made even after the expiry of a reasonable grace period set by the Apartment Provider, the Apartment Provider shall also be entitled to withdraw from the contract.

• 6.3 Furthermore, the apartment provider is entitled to withdraw from the contract for objectively justified reasons, in particular if
• force majeure or other circumstances beyond the control of the apartment provider make the fulfilment of the contract impossible;
• an apartment or event room(s) is/are booked under misleading or false information or by withholding required information (as defined in Section 2) or other material facts, or required information is/are not provided in a timely, complete, and accurate manner; in particular, the identity of the customer, their ability to pay, or the purpose of their stay may be important factors;
• the apartment provider has reasonable grounds to believe that the use of the service may jeopardise the smooth running of the business, the security or the public reputation of the apartment provider, without this being attributable to the apartment provider's sphere of control or organisation;
• the purpose or reason for the stay is illegal;
• there is a violation of the above-mentioned paragraph 1.2.

6.4 The justified withdrawal of the apartment provider does not entitle the customer to compensation. Should the apartment provider have a claim for damages against the customer in the event of a withdrawal pursuant to Section 6.2 or 6.3 above, the apartment provider may claim a lump sum. Section 5.3 applies accordingly in this case.

7 APARTMENT PREPARATION, HANDOVER AND RETURN

7.1 The customer does not acquire any right to the provision of a specific apartment unless this has been expressly agreed in writing.

7.2 The booked apartment will be available to the customer from 3:00 PM on the agreed arrival date. The customer is not entitled to earlier availability.

7.3 On the agreed departure date, the apartment must be vacated and made available to the apartment provider by 11:00 a.m. at the latest. After this time, the apartment provider may charge 50% of the full accommodation price (price according to the price list) for the use of the apartment beyond the agreed rental period until 4:00 p.m., and 90% from 4:00 p.m. onwards. This does not constitute grounds for contractual claims by the customer. The customer is free to prove that the apartment provider has no or a significantly lower claim to usage fees.

8 NO SMOKING, PETS

8.1 The apartment provider operates exclusively non-smoking apartments and event rooms. Appropriate signs are posted in the apartments and event rooms. Notices can also be found in the virtual guest directory, on all of the apartment provider's websites, and on the apartment information pages of the booking portals through which the apartment or event room can be booked. If a customer violates the smoking ban, the apartment provider is entitled to impose a fine of €250 for basic cleaning. This fine is due immediately. The apartment provider is entitled to impose an immediate ban from the premises. The customer is not entitled to compensation in this case.

8.2 Pets may only be brought with you with the prior written consent of the apartment provider and for a fee.

9 LIABILITY OF THE APARTMENT PROVIDER

9.1 The apartment provider is liable for damages resulting from injury to life, body, or health for which it is responsible. Furthermore, it is liable for other damages resulting from an intentional or grossly negligent breach of duty by the apartment provider or an intentional or negligent breach of typical contractual obligations by the apartment provider. Typical contractual obligations are those obligations that enable the proper execution of the contract and on whose fulfillment the customer relies and may rely. A breach of duty by the apartment provider is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise provided in this Section 9. Should disruptions or defects in the services provided by the apartment provider occur, the apartment provider will endeavor to remedy the situation upon becoming aware of them or upon immediate notification by the customer. The customer is obligated to make reasonable efforts to remedy the disruption and minimize any potential damage.

9.2 The apartment provider is liable to the customer for any items brought into the apartment in accordance with statutory provisions. The apartment provider recommends using the apartment safe. If the customer wishes to bring money, securities, and valuables with a value exceeding €800 or other items with a value exceeding €3,500, this requires a separate storage agreement with the apartment provider.

9.3 If a parking space is provided to the customer in the apartment provider's garage or parking lot, even for a fee, this does not constitute a safekeeping contract. In the event of loss or damage to motor vehicles parked or maneuvered on the apartment provider's property and their contents, the apartment provider shall be liable only in accordance with the above Section 9.1, sentences 1 to 4.

9.4 Wake-up calls will be carried out by the apartment provider with the utmost care. Messages for customers will be handled with care. The apartment provider may, after prior consultation with the customer, accept, store, and—upon request—forward mail and goods for a fee. The apartment provider's liability in this regard is limited to the provisions of Section 9.1, sentences 1 to 4 above.

10 OPTIONAL BOOKABLE SERVICES

If the apartment provider offers breakfast as an optional service, the customer is not permitted to eat, serve, or offer their own food in the breakfast room to other customers. Exceptions include foods specifically designed for the customer or dietary supplements that the customer must consume as part of a diet, food intolerance, or allergy. Consumption of these foods and dietary supplements must be agreed upon in advance with the apartment provider. Taking food and drinks from the breakfast restaurant is not permitted.

11 FINAL PROVISIONS

11.1 Amendments and additions to the contract, the acceptance of the application, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions are invalid.

11.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction is 22525 Hamburg. The apartment provider may also, at its discretion, sue the customer at the customer's registered office. The same applies to customers who do not fall under sentence 1 if they are not domiciled or resident in an EU member state.

11.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

11.4 In accordance with legal obligations, the apartment provider points out that the European Union has established an online platform for the out-of-court settlement of consumer disputes ("ODR platform"): http://ec.europa.eu/consumers/odr/. However, the apartment provider does not participate in dispute resolution proceedings before consumer arbitration boards.