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General Terms and Conditions of Apartel Ltd. applicable for Tenants
Sec. 1. Yvonne Kevin GbR. (operators) offers the online agent for vacation apartments, "Berlin-Inn", for vacation flats, rooms, and apartments in the region of Berlin to any interested guest. This online service includes the search for an appropriate vacation rental in Berlin as well as the possibility to book/reserve [it] directly.
Sec. 2. The procurement is done by order of the landlord or his authorized representative only. The operator does not provide any renting services and is no travel organizer according to Sec. 651a (ff.) of the Bürgerliches Gesetzbuch [BGB; German Civil Code]. User agreements (leases) are concluded exclusively between the guests and the landlords.
Sec. 3. For guests, the use of the online portal for the purpose of searching vacation rentals in Berlin as well as the online booking of an available rented property are free of charge.
Sec. 4. The provided data may only be used in accordance with Sec. 1. Any use for deviating purposes is prohibited. The reading, collecting, and the use of the data for business purposes are prohibited.
Sec. 5. The online booking alone does not constitute a legal claim to the leasing of the property. A contract is regarded as being concluded before the booking has been confirmed by e-mail, fax, or mail. The contractual and business terms of the respective landlords are applicable only.
Sec. 6. Guests are obligated to treat access data and passwords with care and are not authorized not pass them on or make them otherwise available to third persons.
Sec. 7. The operator does not guarantee the correctness of the property data given within the portfolio of the portal. Any property information either are provided and maintained independently by the landlord or updated by the operator according to the information he has received from the landlord.
Sec. 8. The operator does not accept any liability for possible damage or legal claims of guests or claims of third parties which may result from insufficient or incorrect descriptions of properties. Possible defects or characteristics of the vacation rental that had been assured but not carried out are to be reported to the landlord.
Sec. 9. In so far as the portal includes links to external websites, the operator shall not be held liable for the content of such sites. Any responsibilities lie with the respective operators.
Sec. 10. The operator shall not be held liable for any faults in the transmission or for technical failures in the communications network unless intent or gross negligence is proved against him. A liability for damage resulting from strikes or force majeure is excluded.
Sec. 11. If the contractual partner is a businessman, a legal person under public law, or separate assets under public law, Berlin shall be the exclusive place of jurisdiction for any legal disputes directly or indirectly resulting from the contractual relation. The same is applicable if a contractual partner does not have any place of jurisdiction within Germany, if a contractual partner has transferred his residence or habitual abode to a foreign country, or if his residence or habitual abode is unknown at the time the action is commenced.
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