These Terms & Conditions apply to all contracts concluded between Charly Group GmbH (Charly) and Third Parties (Guest) for the rental of apartments to be used as accommodation as well as for all other services & deliveries provided by Charly Group GmbH. These Terms & Conditions apply exclusively.
Throughout the following conditions, the following terms are used as a simplification:
The Accommodation Contract is concluded once the guest's booking is confirmed by Charly. Booking Confirmation by Charly occurs when a written Booking Confirmation is received, which will occur, at the latest, when the room is made available.
Offers from Charly regarding available rooms are subject to change and non-binding. Charly reserves the right to refuse to conclude an accommodation contract at its own discretion.
Charly and the Guest(s) make up the Contract Parties. If a third party has completed the booking for the guest, they, and the guest are jointly, and severally, liable to Charly for all obligations arising from the accommodation contract. The third party then becomes a contractual partner.
The use of the rooms for purposes other than solely accommodation purposes is not permitted. In addition, the use of the room is only permitted for the number of guests stipulated in the contract. It will be seen as a breach of contract on the part of the guest if other, non-contractually agreed persons, stay overnight in the room.
Subletting, re-letting, or brokerage of booked rooms is prohibited. In particular, the brokerage of rooms and/or room allotments to third parties at prices higher than the actual room prices stipulated by Charly is not permitted. The cession or sale of the claim against Charly is also not permitted. In these cases, Charly is entitled to cancel the booking, particularly if the guest provides third parties with false information about the type of booking, or payment methods during the assignment or sale.
Generally, all claims against Charly become statute-barred one year after the start of the statutory limitation period. This does not apply to claims for damages or other claims of an intentional or grossly negligent breach of duty by Charly.
Charly is obliged to keep the rooms booked by the guest, or an equivalent replacement, available as such to provide the agreed services. The guest is obliged to pay the applicable or agreed upon prices to Charly for the room provided, as well as any other services used by the guest.
Prices expressed by Charly at the time the contract is concluded apply. The applicable prices are gross total prices and include all statutory taxes, fees, and charges. Local taxes owed by the guest, according to respective local laws such as visitor's tax (accommodation tax), may not be included and charged separately.
Should the sales tax rate applicable to the contractual services increase or decrease after the contract has been concluded, the prices will be adjusted accordingly.
If the period between the conclusion of the contract and the fulfillment of the contract exceeds six months, and the price charged by Charly for services increases, Charly is entitled to adjust the contractually agreed price appropriately, with a maximum limit of 15%.
Charly is entitled to adjust prices if the guest, subsequently after booking, wishes to make amendments to the number of rooms booked, services provided, or the length of stay. Charly must also first approve any changes. Changes must be made in written form.
Non-contractually specified requests made on part of the guest if given the option during the booking process are always non-binding. The guest is not entitled to a room or service complying with these non-contractual special requests unless there is explicit corresponding confirmation by Charly, in written form.
Payment occurs during the booking process through the prior defined payment method. The arrival time is 3:00 p.m. on the booked arrival day. In the case of long-term stays, with a duration of more than a month (from 30 days), only the amount for the first month will be required while booking. The amount for the following month is to be paid no later than three days after the end of the month. Charly is entitled to demand outstanding payments at any time. In the event of a default in payment, Charly is entitled to demand statutory default interest as expressed in Section 288 of the German Civil Code (BGB). Any further claims are expressly reserved.
Valid means of payment are MasterCard, Visa Card, PayPal and Sofortüberweisung (SOFORT)
For each payment reminder sent to the guest, a reminder costs of € 5.00 will be charged. The guest is free to prove that these did not arise, or did not arise in the required amount
Charly is entitled to require a proportional advance payment or safety deposit. The price of the prepayment, safety deposit can be agreed upon in writing. Once an agreement has been reached, Charly is entitled to secure the advance payment or safety deposit if arranged payments are not adhered to, for example, by charging a Credit Card.
The guest can only offset undisputed or legally established claims against Charly.
In order to ensure communication with the guest, Charly requires the email address, telephone number and the correct first and last name of the main guest. To verify the identity of the guest, Charly is entitled to request a valid identification document (for domestic guests an identity card or passport; for foreign guests a passport) and valid credit card details at check-in.
If the identity of a guest cannot be clarified beyond doubt due to missing or incorrect documents, Charly is entitled to cancel the booking.
Furthermore, the guest authorizes Charly to send him messages via their preferred channel informing them of their booking with Charly. This includes communication channels such as Whatsapp, SMS etc.
Charly is also obliged to adhere to the current Corona guidelines at the place where the service is provided. In order to comply with this regulation, Charly is entitled to request proof from the guest which include, but are not limited to a vaccination certificate, a negative test result, or a certificate of recovery.
The guidelines regarding what is required as permitted proof are not created by Charly, but by the local government.
The House Rules include the following sections.
A description of each of the aforementioned topics, as well as the penalties for a breach of the House Rules can be found in its entirety here: House Rules
A violation of any House Rules will be regarded as a Breach of Duty on the part of the Guest.
An up to date version of the House Rules can always be found on the Charly website.
The guest does not acquire the right to be provided with a specific room. Booked rooms are available to the guest from 3:00 p.m. on the agreed arrival date.
On the agreed departure date, the room must be vacated and made available to Charly by 11:00 a.m. at the latest. Charly can claim compensation (the price of the following night for the same room type at the time of the breach of duty) for any unauthorized use beyond this:
The room must be returned in the condition in which the guest found it. The guest must remove all personal items from the rooms and dispose of any food and excessive rubbish that they may have brought with them. In the event of a breach of duty in regards to the cleanliness of the room, Charly is entitled to charge the guest an increased flat-rate cleaning fee, which is based on the amount of the damage, plus any processing.
Charly's rooms may be booked for a maximum of 182 consecutive days.
If a binding booking is made and payment has been received from the guest, the guest can cancel in accordance with the stated cancellation conditions, found attached with the booking information. After the cancellation period has expired, no withdrawal is possible and Charly retains the right to the agreed remuneration minus any saved expenses. The same applies if the guest does not appear (no-show). In the case of bookings guaranteed for several days, in the event of no-show, all subsequent nights from the second night onwards will be cancelled and the guest will no longer be entitled to the subsequent nights.
Bookings for which payment has not yet been made by the guest are valid until 12 noon on the day of arrival. After 12:00 noon, the reservation expires automatically and is free of charge. Charly is entitled to rent out the booked room to someone else. The cancellation conditions below apply to the guest. These can vary from location to location.
In the event of cancellation, the total price of the booking is due. There will be no refund. It is up to Charly, if necessary, to initiate a partial refund out of goodwill.
Refundable Rate (Flexible Rate
Cancellation up to 48 hours before arrival time: Free cancellation. In the event of a cancellation 48 hours or less before arrival: The cancellation fee is 100% of the cost of the total price. It is then up to Charly, if necessary, to initiate a partial refund out of goodwill.
The arrival time is 3 p.m. on the booked arrival day. In the event of early departure of the guest after check-in, a refund of the agreed price for all subsequent services booked is excluded.
If a right of withdrawal has already expired, there is also no statutory right of withdrawal or termination, and Charly does not agree to a cancellation of the contract, then Charly reserves the right to the agreed remuneration despite the guest not using the service.
For unused rooms that Charly was able to allocate elsewhere, the guest will be credited with the income from renting them to other parties as well as the saved expenses.
If an agreed-upon or requested advance payment or security deposit is not made, even after the reasonable grace period set by Charly has expired, Charly is entitled to withdraw from the contract.
Charly is also entitled to withdraw from the contract for an objectively justified reason, for example, if:
(a) force majeure or other circumstances for which Charly is not responsible make it impossible to fulfil the contract;
(b) the room is booked with misleading or false information about contractual facts, for example, those relating to the purpose of the visit;
(c) the booked rooms are used by a different guest than stated in the booking process without Charly's prior knowledge
(d) Charly has justified cause to believe that the use of the booked room can endanger the peace of the house, the security or the reputation of Charly in public, without this being attributable to Charly's sphere of control or organization.
Charly has to inform the guest immediately, in writing, of them exercising their right of withdrawal/termination. If Charly is justified in withdrawing from the contract, the guest is not entitled to any compensation.
Making use of the property's electrical network with the guest's own devices is done at their own risk. Malfunctions or damage to the technical systems in the room caused by the use of these devices are at the expense of the guest unless Charly is explicitly responsible.
The guest is prohibited from illegal file-sharing via the Charly provided internet connection. This means any upload or download of copyrighted data in any form. The guest is liable for all damage that Charly and/or the rights holder incur as a result of the guest's violation of the law.
The guest is prohibited from passing on the access data for the Internet connection to third parties. In the event of a violation, the guest is responsible for all damage caused by the disclosure of the access data to Charly.
In addition, Charly reserves the right to block the guest's internet connection in the event of legal violations.
Charly is entitled to enter the rented room to clean and change linen and, after consultation with the guest, to carry out repairs, to read electricity and water meters and to view the room as part of a possible follow-up rental. In the case of imminent danger, Charly is also entitled to enter the room without consulting the guest.
The guest is obliged to treat the room and the associated inventory, and the communal facilities, with care, to avert damage, as well as providing necessary ventilation and heating. In particular, the guest must avoid excessive defilement, proper and regular disposal of waste, as well as ensuring a minimum level of order so that the agreed cleaning can be carried out. The Room must be kept in a clean and hygienically sound condition. Charly is entitled to charge the guest for any costs associated with an increase in cleaning costs due to excessive soiling or disorder. If the guest does not meet his aforementioned obligations, even after a written warning, Charly is entitled to terminate the accommodation contract without notice.
The guest is liable for all damage to the building or inventory caused by visitors, employees or other third parties in his area or himself. In addition, the guest is liable for all other damages and expenses that Charly faces arising from improper use of the rental property or items brought in by the guest. This also includes costs that Charly incurs as a result of the negligent triggering of fire alarm systems (smoke alarms) (in particular costs of a chargeable fire service).
Charly is entitled to cover the costs for the removal of damage to the room or inventory caused by the guest or any fellow travellers, or visitors using the means of payment provided. Charly will determine the cost of repairing the damage beforehand by obtaining a cost estimate from a skilled craftsman.
The guest is obliged to do what is reasonable for them to remedy the disruption and to keep possible damage to a minimum.
Charly is liable for injury to life, limb or health as well as for other damages for which they are responsible, that are based on an intentional or grossly negligent breach of duty on the part of Charly, or on an intentional or negligent breach of typical contractual obligations by Charly. A breach of duty by Charly is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise regulated.
Charly is liable to the guest for items brought in according to the statutory provisions. If the guest wishes to bring in money, securities and valuables with a value of more than € 500.00, or other items with a value of more than € 3,500.00, this requires a separate storage agreement with Charly.
If the guest is provided with a parking space, even for a fee, this does not result in a custody contract. There is no monitoring obligation on the part of Charly. In the event of loss of or damage to vehicles or bicycles parked or manoeuvred on the property or their contents, Charly is only liable in the event of willful intent or gross negligence. The guest is obliged to report any damage immediately in any case before leaving the parking facility. Charly is not liable for damage that is solely the responsibility of other tenants or other third parties.
Messages, mail and shipments of goods for guests are handled with care, but Charly does not assume any liability for this. Charly takes care of the delivery, storage and - on request - the forwarding of the same for a fee, the above paragraph 1 applies accordingly. This does not result in a safekeeping agreement.
Charly assumes no liability for lost property. This does not apply to liability due to willful or grossly negligent breaches of duty by Charly. Lost property will only be returned upon request and for a postage fee in the corresponding amount (depending on the destination of the shipment) and for a processing fee of € 10.00. The accommodation company undertakes to keep it for a period of six months.
Charly assumes no liability for the food & beverages provided by partners as part of the breakfast package. In the event of illness, the provider is responsible. For example, if the breakfast provided by a partner cause illness, even though purchased through a Charly, it is still the responsibility of the said provider to ensure all dishes served are up to our required standard.
The contract language is German, and there is also a translation of the Terms & Conditions into English. These terms and conditions also include compliance with our House Rules, the current version of which is also available on our website.
Changes or additions to the contract, the acceptance of applications or these terms and conditions for renting rooms should be made in writing. Unilateral changes or additions by the guest are ineffective.
The place of fulfilment and payment is the domicile of the accommodation facility. The exclusive place of jurisdiction - also for check and bill of exchange disputes - is the seat of the Charly Group GmbH if the guest is a businessman. If a contractual partner fulfils the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is Charly's registered office.
German law applies. The application of the UN Sales Convention and the conflict of laws is excluded. Should individual provisions of these general terms and conditions and/or the contract for the rental of rooms be or become ineffective or void, this shall not affect the validity of the remaining provisions. In this case, the statutory provisions apply.
The data protection regulations can be viewed at any time on our website.
Charly Group GmbH