Terms and Conditions
SCOPE & CONTRACTUAL PARTNERS
1. These Terms and Conditions, hereinafter referred to as "T&Cs", apply to all contracts for the rental of apartments and housing for accommodation purposes, concluded between MATT - Apartments GmbH (hereinafter referred to as "MATT - Apartments") and third parties (Guest), as well as for all additional services and deliveries provided by the aforementioned company.
2. The contracting party of the Guest is MATT - Apartments GmbH.
3. The General Terms and Conditions of the customer will only apply if this has been expressly agreed in writing in advance.
RESERVATIONS/BOOKING
1. By making a reservation/booking, the Guest offers to conclude an accommodation contract. Upon availability of the booked apartment, the Guest will receive a reservation/booking confirmation from MATT - Apartments. With this confirmation, an accommodation contract is concluded between MATT - Apartments and the Guest.
2. Offers from MATT - Apartments regarding available apartments are non-binding and subject to change. MATT - Apartments reserves the right to refuse the conclusion of an accommodation contract at its own discretion.
3. If the Guest only books a category of apartments, there is no entitlement to a specific apartment/unit. MATT - Apartments reserves the right to impose industry-standard restrictions such as minimum stays, booking guarantees, or deposits for certain travel dates.
CANCELLATION DEADLINES/WITHDRAWAL BY THE CUSTOMER/NO-SHOW
1. A reservation is guaranteed only upon payment by the Guest to MATT - Apartments. The Guest can cancel this reservation free of charge in accordance with the specified cancellation conditions and deadlines by providing the appropriate reservation number. If a right of withdrawal is not agreed or has already expired (expiration of the free cancellation period), there is no legal right to withdraw or terminate. If MATT - Apartments does not agree to a cancellation of the contract, MATT - Apartments retains the right to the agreed payment despite non-use of the service (no-show) or late cancellation. MATT - Apartments must credit the revenue from re-letting the room, as well as any savings in expenses. If the room is not re-let, MATT - Apartments can deduct a lump sum for saved expenses. In this case, the customer is obligated to pay 90% of the contractually agreed price for the overnight stay. The customer is free to prove that the aforementioned claim did not arise or did not arise in the demanded amount. Additionally, if the Guest does not show up for a multi-day guaranteed reservation, all further nights will be canceled after the first night, and the Guest will have no entitlement to subsequent nights.
2. For same-day reservations, the Guest must make payment as per §5 immediately, usually within one hour.
OVERNIGHT PRICES & OTHER PRICES
The prices listed by MATT - Apartments at the time of contract conclusion apply. The applicable and listed prices are gross and include all statutory taxes, fees, and charges. Local fees owed by the Guest, such as tourist taxes, are not included.
PAYMENT TERMS & INVOICE
1. The price for the overnight service booked by the Guest must always be paid in advance by the Guest.
2. Offsetting by the Guest is excluded unless the offsetting concerns an undisputed or legally established claim.
3. Accepted payment methods are regular bank transfer and PayPal. Cash payments are not accepted.
4. MATT - Apartments reserves the right to charge the deposited payment methods for amounts relating to additional services used or violations of the Terms and Conditions. The Guest expressly authorizes MATT - Apartments to do so.
5. By making a reservation, the Guest agrees to receive their invoice as a download or via email.
USE OF RESERVED APARTMENTS
1. A reserved apartment is available to the Guest for the period specified after booking.
2. Keys, parking passes, and/or key cards provided by MATT - Apartments must be returned to MATT - Apartments, a designated third party, or at a location indicated by MATT - Apartments (via signage or notification) in the apartment upon departure. A fee of €40.00 will be charged for the loss of a key, key card, or parking pass, or for failure to return these items. MATT - Apartments is also entitled to claim further compensation for damages exceeding €40.00, including the replacement of the affected locking system if required for security reasons. The Guest is free to prove that MATT - Apartments incurred less or no damage.
3. A later departure (Late Check-out) can be agreed upon with MATT - Apartments upon request and subject to availability. If MATT - Apartments agrees to a Late Check-out, MATT - Apartments is entitled to charge €10.00 per additional hour for the extended use of the apartment. If no agreement is made, MATT - Apartments is entitled to charge €30.00 per hour. If the Guest departs more than three hours after the originally agreed check-out time, the full overnight price will be charged if MATT - Apartments agrees. If no agreement is made, the Guest owes, in addition to the full overnight price, compensation for any further damages incurred. The Guest is free to prove that MATT - Apartments incurred less or no damage.
4. The Guest has no contractual right to a Late Check-out.
5. An early arrival (Early Check-in) can be agreed upon with MATT - Apartments upon request and subject to availability. If MATT - Apartments agrees to an Early Check-in, MATT - Apartments is entitled to charge €10.00 per additional hour for the early use of the apartment. The Guest has no contractual right to an Early Check-in.
TRANSFER, SUBLETTING, USE
1. The subletting or transfer of the booked apartment is prohibited. This particularly includes the transfer of apartments or apartment contingents to third parties at higher prices than those listed by MATT - Apartments. Similarly, the assignment or sale of claims against MATT - Apartments is not permitted. In such cases, MATT - Apartments is entitled to cancel the reservation, especially if the Guest has made false statements to third parties regarding the nature of the booking or payment.
2. The use of MATT - Apartments' apartments for purposes other than accommodation is expressly prohibited. This includes, but is not limited to, any commercial or illegal use.
3. Without explicit consent, the use of apartments for photo or video shoots is also prohibited. In the case of non-accommodation-related use, MATT - Apartments reserves the right to cancel the reservation without refund and to vacate the property.
LIABILITY OF MATT - APARTMENTS
1. MATT - Apartments is liable for damages resulting from injury to life, body, or health, without limitation. Additionally, MATT - Apartments is liable for other damages resulting from intentional or grossly negligent breach of duty by MATT - Apartments. In the case of simple negligence, MATT - Apartments is only liable for typical, foreseeable damages if a duty is breached that is essential for the proper execution of the contract and on which the Guest can rely (cardinal obligation). A breach of duty by MATT - Apartments is equivalent to that of its legal representatives, employees, or vicarious agents. Further claims for damages – unless otherwise regulated in these T&Cs – are excluded.
2. In the event of disruptions or defects in the services provided by MATT - Apartments, MATT - Apartments will, upon immediate complaint by the Guest or upon becoming aware, strive to provide a remedy. The Guest is also obliged to contribute what is reasonable to resolve the disruption or defect and to minimize any resulting damage. Furthermore, the Guest is obliged to immediately inform MATT - Apartments of the possibility of a significant loss.
3. MATT - Apartments is liable for items brought in according to legal provisions. Any claim by the Guest expires if they do not report the loss, destruction, or damage to MATT - Apartments immediately after becoming aware, unless a delayed report does not affect the clarification of the facts. For the deposit of funds, valuables, or other items with a value of more than €800.00 or for other items exceeding a value of €3,500.00, a separate written agreement with MATT - Apartments is required. Otherwise, MATT - Apartments' liability for the loss, destruction, or damage of such items is excluded.
4. No custody contract is concluded if a parking space is provided to the Guest by MATT - Apartments, whether for a fee or free of charge. Consequently, MATT - Apartments is not obligated to provide surveillance. In the event of loss, theft, or damage to vehicles parked or maneuvered on the property or provided parking space, MATT - Apartments is only liable in cases of intent or gross negligence. The Guest is obligated to report damages immediately. Obvious damages must be reported before leaving the parking space at the latest. MATT - Apartments is not liable for damages caused solely by other guests or third parties.
5. Any claims against MATT - Apartments generally expire within one year from the legal start 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 MATT - Apartments, as well as in the case of a breach of a cardinal obligation.
6. MATT - Apartments assumes no liability for lost property, except for liability due to intentional or grossly negligent breaches of duty by MATT - Apartments. Lost property will only be returned upon request for a fee and an additional processing fee of €15.00. MATT - Apartments undertakes to store lost property for a period of six months. Afterward, it will be disposed of.
SECURITY DEPOSIT
To secure all claims of MATT – Apartments against the Guest arising from the accommodation contract, MATT – Apartments is entitled to collect the following security deposits from the Guest before handing over the apartment.
1. For a stay of less than three months, a security deposit of €250.00 is required.
2. For a stay of three to six months, a security deposit equivalent to one month's accommodation price is required.
3. In the case of a stay of less than three months, MATT – Apartments is entitled to collect the security deposit through a pre-authorization of the payment method as a means of securing the deposit. If the Guest does not provide the security deposit, they are not entitled to stay in the apartment. If MATT – Apartments allows the Guest to stay in the apartment despite this, MATT – Apartments is entitled to terminate the accommodation contract without notice if the security deposit is not provided within a reasonable grace period.
4. MATT – Apartments is obligated to settle the security deposit within one month after the end of the accommodation contract.
CUSTOMER DATA
1. MATT – Apartments mandatorily collects and records the guest's email address and phone number to ensure communication. Likewise, MATT – Apartments is entitled to request a valid identification document at check-in digitally. For domestic guests, this may be a personal ID card or passport; for foreign guests, it must always be a passport.
2. If a guest's identity cannot be clearly established due to missing or incorrect documents, MATT – Apartments is entitled to cancel the booking.
3. MATT – Apartments is entitled to cancel a guest's booking if the guest's identity cannot be clearly established due to missing or incorrect documents.
4. To prevent fraudulent and damaging bookings, MATT – Apartments uses software solutions that assess the guest’s data (email address, phone number, credit card details, address) to determine a “fraud-prevention score” for each guest to detect fraudulent bookings. MATT – Apartments reserves the right to cancel any booking flagged by the system.
TERMINATION OF THE ACCOMMODATION CONTRACT
1. MATT – Apartments reserves the right and is entitled to terminate an accommodation contract for good cause. In particular, good cause exists when:
a) Force majeure or other circumstances beyond the control of MATT – Apartments make it impossible to fulfill the contract.
b) MATT – Apartments has justified reason to believe that the use of the accommodation services could endanger the smooth operation of the business, the safety, or the public image of MATT – Apartments and its locations, without this being attributable to the operational or organizational sphere of MATT – Apartments.
c) Bookings are made with misleading or false information or by concealing essential facts; essential facts may include, but are not limited to, the identity of the guest, financial capability, or the purpose of the stay.
d) The purpose or reason for the stay is illegal or serves for prostitution.
e) In the case of resale, subletting, and/or rebooking (see Section 7). MATT – Apartments must immediately inform the guest of the exercise of the right of termination.
2. The guest has no claim to damages in the case of a justified termination by MATT – Apartments.
3. If the termination was due to a circumstance caused by the guest or for a reason according to Section 1 above, MATT – Apartments is also entitled to cancel or reject any future bookings, even if they have already been confirmed by MATT – Apartments.
VOUCHERS
1. A voucher purchased from MATT – Apartments can only be redeemed for services provided by MATT – Apartments. Any remaining balance after payment with the voucher will remain valid and can be used for future bookings.
2. Vouchers are non-refundable, non-resalable, non-transferable, and cannot be redeemed for cash, either in full or in part.
3. The voucher purchaser is responsible for providing the correct information (especially email address) to which the voucher and invoice should be sent.
SMOKING POLICY
1. All apartments at MATT – Apartments are non-smoking. Smoking in the apartments and in the common areas of MATT – Apartments is strictly prohibited. This includes e-cigarettes, hookahs, tobacco heaters, and similar devices. Smoking on balconies and/or terrace areas is only permitted if specifically marked as such and with the apartment door closed. In case of violations, MATT – Apartments has the right to claim damages from the guest for the extra cleaning costs, including any potential loss of revenue due to the apartment being unfit for subsequent rental, with a minimum charge of EUR 250.00. This damage claim may be higher if MATT – Apartments can prove greater damage. The guest is entitled to provide evidence that MATT – Apartments has incurred less or no damage.
2. Tampering with or blocking emergency exits, fire extinguishers, or fire/house alarms is prohibited. Violations will result in a penalty fee of EUR 150. This also applies to tampering with or disabling security and decibel sensors inside the apartment.
3. MATT – Apartments is entitled to terminate an active booking with immediate effect and evict guests from the premises if violations of points 1 and 2 are discovered. In such cases, there is no right to a refund or partial refund. The guest is entitled to provide evidence that MATT – Apartments has incurred less or no damage.
4. Buildings at MATT – Apartments may have interconnected smoke detectors that are directly linked to the fire department or a security service. The guest is fully liable for any intentional or negligent triggering of the fire alarm system (e.g., due to violation of the smoking policy), at a minimum in the amount of the actual costs incurred (e.g., emergency service fees).
PROHIBITION OF PARTIES AND GATHERINGS
1. Noise should generally be avoided in the booked apartment, communal areas, and surrounding grounds. Nighttime quiet hours must be observed from 10:00 PM to 6:00 AM ("quiet hours"), unless different times are specified in the house rules. Parties and gatherings are strictly prohibited in the apartments and communal areas of MATT – Apartments.
2. In case of violations, MATT – Apartments has the right to claim damages from the guest for the extra cleaning costs, including any potential loss of revenue due to the apartment being unfit for subsequent rental, with a charge of EUR 500.00. The right to further claims for damages is not affected. The guest is entitled to provide evidence that MATT – Apartments has incurred less or no damage.
3. Decibel measurement sensors may be installed in MATT – Apartments apartments. These sensors do not record conversations but serve to detect excessive noise levels. Decibel sensors and active video surveillance, which records 24/7 and is stored in a cloud environment, may also be installed in communal areas such as hallways or other shared spaces.
4. MATT – Apartments is entitled to terminate an active booking with immediate effect and evict guests from the premises if violations of points 1 and 2 are discovered. In such cases, there is no right to a refund or partial refund. The guest is entitled to provide evidence that MATT – Apartments has incurred less or no damage. MATT – Apartments reserves the right to involve a third party, such as a security service, to enforce house rules. Any costs incurred by such third-party intervention will be charged to the guest.
DAMAGE OR UNAUTHORIZED REMOVAL OF INVENTORY
If damage occurs during the stay that exceeds normal wear and tear or inventory is removed without authorization, MATT – Apartments is entitled to claim damages. This includes the cost of repairing the damage, any potential loss of revenue resulting from the apartment being unfit for rental, legal costs, and an additional processing fee of EUR 50 for such damage incidents. The guest is entitled to provide evidence that MATT – Apartments has incurred less or no damage.
PETS
1. Bringing pets into the apartments and communal areas is not permitted unless expressly allowed by MATT – Apartments. General exceptions are guide dogs, hearing dogs, and other comparable service dogs. These are allowed free of charge at any time with proof provided. The corresponding proof must be submitted to MATT – Apartments independently before check-in. MATT – Apartments may make further exceptions from the above rule, but the guest has no entitlement to this.
2. If pets are allowed by MATT – Apartments, they must be registered in advance. A fee of EUR 10 per night will be charged for accommodating pets.
3. If a pet is present in an apartment without permission, MATT – Apartments will charge a flat fee of EUR 150.00 for special cleaning costs.
4. MATT – Apartments is entitled to terminate an active booking with immediate effect and evict guests from the premises if violations of point 1 are discovered. In such cases, there is no right to a refund or partial refund. The guest is entitled to provide evidence that MATT – Apartments has incurred less or no damage.
MAINTENANCE
1. By booking an apartment at MATT – Apartments, the guest agrees to treat the provided apartment, as well as any communal spaces, facilities, and installations, with care and respect, ensuring sufficient ventilation and heating, and avoiding excessive dirt. If excessive dirt beyond normal use is found during the guest's stay or after departure, MATT – Apartments has the right to charge an additional cleaning fee of at least EUR 50.00 (depending on the condition of the unit). The guest is entitled to provide evidence that MATT – Apartments has incurred less or no damage.
2. Furthermore, the guest agrees to check the apartment's furnishings for completeness and usability upon arrival and to promptly report any defects or complaints to MATT – Apartments.
3. The guest is liable for any damage to the apartment, furnishings, and communal spaces, facilities, and installations caused by the guest or their visitors through improper use and not due to normal wear and tear. Any damage to the apartment must be reported to MATT – Apartments immediately.
4. For bookings longer than 7 nights, MATT – Apartments is entitled to perform weekly interim cleaning. The guest is required to grant access to the apartment for this purpose to the service provider commissioned by MATT – Apartments or MATT – Apartments employees.
INTERNET USAGE
1. MATT – Apartments provides the guest with internet access within the limits of existing technical and operational capabilities. Interruptions, such as due to force majeure or maintenance work, cannot be ruled out.
2. The guest is not permitted to misuse the internet connection. Misuse particularly includes the following: downloading and distributing copyrighted content via peer-to-peer sharing platforms, illegal streaming services, as well as posting, accessing, or transmitting content that is criminally relevant (especially Sections 130, 130a, 131, and 184 of the German Criminal Code). The guest is obligated to respect the copyrights, patents, trademarks, and personal rights of third parties when using the internet. The guest agrees to indemnify MATT – Apartments upon first request from all claims and damages of third parties, as well as the costs of legal defense to a reasonable extent, caused by illegal use of the internet connection provided by MATT – Apartments by the guest or by third parties with the knowledge of the guest. This indemnification claim specifically covers claims resulting from violations of copyrights, patents, trademarks, personal rights, as well as data protection breaches.
3. The guest is prohibited from sharing the access data for MATT – Apartments' internet connection with third parties. This also applies to publishing any access data. In the event of a violation, the guest is liable for all damages caused by the sharing of the access data to MATT – Apartments.
4. Furthermore, MATT – Apartments reserves the right to block the guest’s internet access in case of legal violations.
PRIVACY POLICY
The privacy policy can be viewed at: https://www.matt-apartments.de/datenschutz
FINAL PROVISIONS
1. Changes, additions, and the cancellation of the accommodation contract, the acceptance of the offer, or these general terms and conditions must be made in writing. This also applies to the waiver of this written form requirement. Unilateral changes or additions by the guest are invalid.
2. The place of fulfillment and payment is the location of the accommodation provider.
3. The exclusive place of jurisdiction for commercial transactions is the location of the accommodation provider. If a contracting party fulfills the requirements of § 38 Para. 2 of the German Code of Civil Procedure and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the location of the accommodation provider.
4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions is excluded.
5. Should any provision of this contract be or become invalid or void, the validity of the remaining provisions shall not be affected. The parties shall agree on a provision that comes as close as possible to the purpose intended by the invalid/void provision. This also applies to filling any contractual gaps.
6. The accommodation provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
