General Terms and Conditions


§1 Scope of application, limitation periods

  1. These Terms and Conditions apply to contracts for the rental of accommodation ("Apartments") as well as all other services and deliveries provided to the Guest by YUMA Managed Apartments GmbH, Rosenthaler Straße 43-45, 10178 Berlin ("YUMA Apartments") as the operator of YUMA Managed Apartments.
  2. These terms and conditions apply exclusively. Regardless of their respective content, the Guest's terms and conditions shall only apply if this has been expressly agreed in text form in advance.
  3. All claims against YUMA Apartments are generally subject to a limitation period of one year from the commencement of the statutory limitation period. This does not apply to claims for damages and other claims, insofar as the latter are based on an intentional or grossly negligent breach of duty by YUMA Apartments.



§2 Conclusion of contract, contractual partners

  1. The Accommodation Agreement is concluded upon acceptance of the Guest's application by YUMA Apartments. Acceptance by YUMA Apartments is effected by means of a booking confirmation in text form (via e-mail or direct message), at the latest, however, by providing or handing over the flats.
  2. The contractual partners are YUMA Apartments and the guest. If a third party has booked on behalf of the Guest (Booker and Guest are not the same person), the third party is liable to YUMA Apartments together with the Guest as joint and several debtors for all obligations arising from the Accommodation Agreement. The third party then becomes the contractual partner.
  3. The subletting and re-letting of the flats provided and their use for purposes other than accommodation require the prior consent of YUMA Apartments in text form.
  4. The use of the flat by persons / visitors in excess of the contractually agreed number of guests requires the prior consent of YUMA Apartments in text form and is subject to possible additional costs.


§3 Services, prices, payment, offsetting

  1. YUMA Apartments is obliged to keep the flats booked by the guest or an equivalent replacement available and to provide the agreed services.
  2. The guest is obliged to pay the applicable or agreed YUMA Apartments prices for the flat rental and the other
  3. the agreed prices of the YUMA Apartments. This also applies to services commissioned by the Guest directly or via YUMA Apartments, which are provided by third parties and disbursed by YUMA Apartments.
  4. The agreed prices include the applicable statutory value added tax. Should the VAT rate applicable to the contractual services increase or decrease after conclusion of the contract, the prices will be adjusted accordingly.
  5. The prices may be changed by YUMA Apartments if the Guest subsequently makes changes to the number of flats booked, the service provided by
  6. YUMA Apartments or the length of stay of the guests and YUMA Apartments agrees to this.
  7. Flats agrees to this. Changes must be made in writing.
  8. If the Guest has the opportunity to specify non-contractual special requests during the booking process
  9. special non-contractual requests during the booking process, these are always non-binding. The guest has no right to demand that the flat fulfils these non-contractual special requests, unless there is a corresponding express confirmation in text form.
  10. Payment by the chosen means of payment shall be made immediately after booking. Deviations from this require the consent of YUMA Apartments and must be in text form.
  11. YUMA Apartments is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of default of payment, YUMA Apartments is entitled to demand the applicable statutory default interest within the meaning of § 288 BGB. YUMA Apartments reserves the right to prove higher damages.
  12. A reminder fee of 3.00 Euro will be charged for each reminder sent after default has occurred. The Guest is at liberty to prove that these costs have not been incurred or have not been incurred in the amount demanded.
  13. YUMA Apartments is entitled to demand a reasonable advance payment or security deposit for stays longer than 30 nights. The amount of the advance payment or security deposit and the payment dates can be agreed in writing in the contract. In this case, YUMA Apartments is entitled to satisfy itself from the security deposit, e.g. by collecting the agreed remuneration by credit card, in the event of non-compliance with payment deadlines with regard to the agreed remuneration.
  14. The Guest may only offset undisputed or legally established claims against YUMA Apartments.




§4 Smoking ban, keeping animals, admission of visitors

  1. The flats at YUMA Apartments are non-smoking flats. Smoking is therefore prohibited in the flats. This also applies to e-cigarettes, vaporisers, vaporisers etc.. Smoking on the balconies or terraces, as well as in the inner courtyard, is permitted. In the event of a violation, YUMA Apartments is entitled to terminate the contract without notice and immediately expel the guest(s). In addition, YUMA Apartments may, if necessary, charge the costs of a special final cleaning in the event of nicotine odour in the flat in the amount of at least EUR 200. YUMA Apartments reserves the right to charge the Guest for any costs incurred as a result of the fire alarm system being triggered due to a breach of this smoking ban.
  2. Pets are not permitted in the rented flats of YUMA Apartments. In the event of a violation, YUMA Apartments is entitled to terminate the contract without notice and immediately expel the guest(s). In addition, YUMA Apartments may, if necessary, charge the costs of a special final cleaning in the event of soiling due to the keeping of animals in the flat in the amount of at least EUR 200.
  3. The Guest is obliged to use the flat only within the contractually agreed framework, in particular only by the persons designated to stay there. The overnight stay of visitors requires the prior consent of YUMA Apartment GmbH in text form. In the event of a violation, YUMA Apartment GmbH is entitled to charge the guest a flat-rate surcharge of EUR 50.00 per night and visitor and to terminate the accommodation contract without notice.


§5 Provision, handover and return

  1. The guest is not entitled to the provision of specific flats. However, the Guest is entitled to a flat in the category booked by him/her. If YUMA Apartments is unable to provide the Guest with a flat in the category booked by the Guest, YUMA Apartments is entitled to move the Guest to the next higher category (upgrade). Moving to a lower category requires the guest's consent and can be remunerated with an individual compensation payment.
  2. Booked flats are available to the guest from 14:00 on the agreed day of arrival.
  3. On the agreed day of departure, the flat must be vacated and made available to YUMA Apartments by 10:00 a.m. at the latest. For any use beyond this time, YUMA Apartments may claim compensation for use as follows: 50% of the regular daily rate if the apartment is vacated by 2.00 pm; 100% of the regular daily rate if the apartment is not vacated by 2.00 pm. This shall not give rise to any contractual claims on the part of the guest. The Guest is free to prove that YUMA Apartments has incurred no or less damage. YUMA Apartments is free to provide evidence of higher damages.
  4. The flats must be returned in the condition in which the guest found them. The guest must remove all personal belongings from the flats and dispose of any food and rubbish brought along. In the event of an offence, YUMA Apartments is entitled to charge the Guest an increased cleaning fee of EUR 50.00.
  5. The flats of YUMA Apartments may be booked for a maximum consecutive period of 180 days.


§6 Withdrawal by the guest (cancellation) or

  1. Non-utilisation of services (No Show)**
  2. If the guest cancels the trip or does not show up on the day of arrival, YUMA Apartments is entitled to reassign the unused flat to another guest.
  3. The Customer may only withdraw from the contract concluded with YUMA Apartments if a right of withdrawal has been expressly agreed in the contract; any other right of withdrawal exists only if YUMA Apartments expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any consent to the cancellation of the contract must be made in writing.
  4. The following cancellation conditions apply to the guest:
  5. Flex Rate
  6. Cancellation up to 5 days before the day of arrival: free cancellation
  7. Cancellation from 4 days before the day of arrival: cancellation fee 100% of the costs of the first 5 nights of the booking period
  8. For bookings of a non-cancellable rate (NR rate / non-refundable rate), the guest always owes 100% of the costs for the entire booking period.
  9. Any deviations or special rates must be made in writing
  10. In the event of early departure of the guest after check-in, a refund of the agreed price for all booked services is excluded.
  11. If a right of withdrawal has already expired, there is also no statutory right of withdrawal or cancellation, and if YUMA Apartments does not agree to a cancellation of the contract, YUMA Apartments retains the right to the agreed remuneration despite the guest's failure to use the service. For unused flats that YUMA Apartments was able to let to other parties, the guest will be credited with the income from the other letting and the expenses saved.
  12. If the flats are not rented to other parties, YUMA Apartments is free to make a lump sum deduction for saved expenses. 


§7 Cancellation by YUMA Apartments

  • If it has been agreed that the guest can withdraw from the contract free of charge within a certain period of time, YUMA Apartments is entitled to withdraw from the contract during this period if there are enquiries from other customers regarding the booked flats and the customer does not waive his right of withdrawal upon enquiry by YUMA Apartments within a reasonable period of time.
  • If an advance payment or security deposit agreed or demanded in accordance with § 3 clause 9 is not made even after a reasonable grace period set by YUMA Apartment has expired, YUMA Apartment is also entitled to withdraw from the contract.
  • Furthermore, YUMA Apartment is entitled to withdraw from the contract for objectively justified reasons
  • withdraw from the contract, for example if
    (a) force majeure or other circumstances for which YUMA Apartments is not responsible make the fulfilment of the contract impossible; (b) the flat is booked with misleading or false information regarding essential contractual facts, for example those relating to the person of the guest or the purpose; (c) YUMA Apartments has reasonable grounds to believe that the use of the booked flats may endanger the peace, security or public reputation of YUMA Apartments without this being within the control or organisational sphere of YUMA Apartments. organisational area of YUMA Apartments.
  • YUMA Apartments must inform the guest immediately of the exercise of the right of withdrawal/cancellation.
  • In the event of a justified cancellation by YUMA Apartments, the guest is not entitled to claim damages.


§8 Loss of or damage to items brought along

YUMA Apartments is liable to the guest for items brought into the apartment in accordance with the statutory provisions. YUMA Apartments recommends the use of the room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other


items with a value of more than 3,500 euros, this requires a separate storage agreement with YUMA Apartments.



§9 Technical equipment and connections

  1. The use of the guest's own electrical equipment utilising the flat's power supply is at the guest's own risk. Any faults or damage to the flat's technical equipment caused by the use of these devices shall be borne by the guest, unless YUMA Apartments is responsible for them.
  2. The Guest is prohibited from engaging in illegal file sharing via the Internet connection provided by YUMA Apartments. This includes any uploading or downloading of copyrighted data in any form. The guest is liable for all damages incurred by YUMA Apartments and/or the rights holder as a result of the guest's infringement of rights.
  3. The use of miners, ASICS miners or other electronic devices with the intention of extracting knowledge from large data sets and analysing system-supported processes to calculate or add new blocks in a central database, colloquially referred to as "cryptomining", is prohibited.


§10 Access to the flats

YUMA Apartments is authorised to enter the rented flat for weekly cleaning and linen changes and, after consultation with the guest, to carry out repairs and for possible inspections as part of the subsequent rental. In the event of imminent danger, YUMA Apartments is also authorised to enter the flat without consultation with the Guest.



§11 Duties of care of the guest, liability of the guest for

  1. Damage**
  2. The guest is obliged to treat the flat and its inventory as well as the communal facilities with care and to prevent damage. In particular, the guest must avoid excessive soiling, dispose of waste regularly and properly and ensure a minimum level of tidiness so that the agreed weekly cleaning can be carried out without further ado and the flat can be kept in a clean and hygienically perfect condition by the standard cleaning measures carried out in this context. YUMA Apartments is entitled to charge the Guest for the full amount of any increased cleaning costs due to significantly excessive soiling or disorder. If the Guest fails to fulfil the aforementioned obligations even after a warning in text form, YUMA Apartments is entitled to terminate the Accommodation Agreement without notice.
  3. The guest is liable for all damage to the building or inventory caused by visitors, employees or other third parties from his area or himself. In addition, the Guest is also liable for all other damages and expenses incurred by YUMA Apartments due to improper use of the rented property or items brought in. This also includes costs incurred by YUMA Apartments
  4. incurred as a result of negligent activation of fire alarm systems (smoke detectors)
  5. (in particular the costs of a chargeable fire brigade call-out).
  6. YUMA Apartments keeps an inventory list for each flat, which is updated and checked by YUMA Apartments staff after the guest's departure. Any deviations from this list will be reported to the guest immediately after departure and inspection of the flat. The Guest must reimburse YUMA Apartments for the cost of any items that are no longer present at the time of the inspection at their current value.
  7. Flats, at the current market value.
  8. YUMA Apartments is entitled to charge costs for the removal of any items left behind by the Guest or
  9. YUMA Apartments is entitled to settle the costs for the removal of damage to the flat or the inventory culpably caused by the guest or any fellow travellers or visitors from the security provided by the guest in accordance with § 3 clause 9 or to charge the guest. YUMA Apartments will determine the cost of repairing the damage in advance by obtaining a cost estimate from a specialised tradesman.
  10. The Guest is obliged to make a reasonable contribution to rectifying faults, reporting faults such as water damage etc. immediately and minimising possible damage.




§12 Liability of YUMA Apartments

  1. YUMA Apartments is liable for damages for which it is responsible arising from injury to life, body or health as well as for other damages that are based on an intentional or grossly negligent breach of duty by YUMA Apartments or on an intentional or negligent breach of duties typical for the contract by YUMA Apartments. A breach of duty by YUMA Apartments is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this § 12.
  2. Insofar as the Guest is provided with a parking space in the hotel's own car park, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles and bicycles parked or manoeuvred on the property and their contents, YUMA Apartments shall only be liable in accordance with Section 1 above.
  3. Messages, mail and consignments of goods delivered to YUMA Apartments on behalf of the guests will be handled with care. YUMA Apartments undertakes to notify the guest of the receipt of his/her consignment, to store it and - upon request, for a fee - to forward it; the above clause 1 applies accordingly. This does not constitute a safekeeping agreement.


§13 Final provisions, house rules

1. the contract language is German.

2. amendments or additions to the contract, the acceptance of the application or these

Terms and Conditions for the Rental of Apartments should be made in writing.

Unilateral amendments or additions by the guest are invalid.

3. place of fulfilment and payment is the registered office of YUMA Managed Apartment GmbH. exclusive place of jurisdiction - also for cheque and bill of exchange disputes - is the registered office of YUMA Managed Apartment GmbH, provided the guest is a merchant. If a contractual partner fulfils the requirements of Section 38 (2) ZPO and has no general place of

general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of YUMA

Managed Apartment GmbH.

4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of

are excluded.

5. should individual provisions of these general terms and conditions and/or

of the contract for the rental of flats are or become invalid or void, this shall not affect the validity of the remaining provisions. In this case, the statutory provisions shall apply.

YUMA 

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