General Terms and Conditions

Living Spaces Munich GmbH (Conlon House)
Updated April 2025

I. SCOPE

1.1
These General Terms and Conditions (GTC) apply to:

1.1.1
Contracts for the rental of furnished residential units for temporary accommodation, including all services and supplies rendered by the operator (hereinafter referred to as “residential accommodation contract”). The term “residential accommodation contract” includes and replaces the following terms: accommodation contract, guest stay contract, residential unit lease, serviced apartment rental.

1.1.2
The rental of event, common or communal spaces within the residential property for holding private or commercial gatherings, such as banquets, seminars, meetings, exhibitions, presentations or other events, as well as all additional services and deliveries rendered by the operator in this context.

1.2
The subletting or re-letting of the provided residential units, areas or facilities, as well as public invitations and the organization of sales events or similar occasions, require the prior written consent of the operator. §540 para. 1 sentence 2 BGB is waived insofar as the customer is not a consumer within the meaning of §13 BGB.

1.3
The customer’s own general terms and conditions shall apply only if previously agreed in writing.

II. CONCLUSION OF CONTRACT; CONTRACTUAL PARTIES

2.1
The contract is concluded through acceptance by the operator of a booking request made by the customer. The operator may confirm the booking in writing or by e-mail.

2.2
The contractual partners are the operator and the customer. If a third party has placed an order for the customer, said third party shall be liable jointly and severally with the customer for all obligations arising from the contract.

III. SERVICES, PRICES, PAYMENT, OFFSETTING

3.1
The operator is obliged to make the booked residential units available and provide the agreed services. Unless otherwise expressly agreed, the customer has no right to a specific unit or apartment number.

3.2
The customer is obliged to pay the applicable or agreed prices of the operator for the accommodation and other services used. This also applies to services and expenses incurred by the operator for third-party services at the customer’s request, particularly to claims of copyright associations.

3.3
Prices quoted are per individual booking. A group booking is defined as a reservation of ten or more units on the same date. For group bookings, separate terms will apply and will be agreed in a separate residential accommodation contract. If a customer books ten or more units individually for the same date, the operator reserves the right to replace these bookings with a group agreement.

3.4
The agreed prices include taxes and local charges applicable at the time of contract conclusion. They do not include visitor’s tax or similar duties to be paid directly by the customer under applicable local law. If statutory VAT or local charges are amended or introduced following contract conclusion, the prices shall be adjusted accordingly, unless the period between contract conclusion and performance is less than four months and the customer is a consumer.

3.5
Any customer-requested reductions in the number of booked units, services, or stay duration may result in an increased price per unit or service.

3.6
Invoices from the operator are due for payment immediately upon receipt without deduction. If payment by invoice has been agreed, payment is due within 10 days of receipt unless otherwise agreed. The operator may at any time request immediate payment of due receivables.

3.7
Upon conclusion of the contract, the operator may request a reasonable advance payment or security, such as a credit card guarantee. The amount and payment date may be agreed in writing. Statutory provisions for package tours remain unaffected.

3.8
In justified cases (e.g. payment arrears or expansion of contract scope), the operator may request additional advance payments or securities up to the total agreed payment, including between the time of booking and start of stay or event.

3.9
The operator may also request a reasonable advance payment or security at the start or during the customer’s stay, unless already provided as per clauses 3.6 or 3.7.

3.10
The customer may only offset claims against those of the operator if they are undisputed or legally binding.

3.11
The customer consents to electronic delivery of invoices.

3.12
For residential contracts, all charges must be settled no later than the day of departure. Any deposit requested by the operator must be paid by the stated due date.

3.13
In the event of payment default, the operator is entitled to charge interest on arrears of 8% above the base interest rate, or 5% for consumer transactions. The operator reserves the right to claim further damages. It may also suspend future services after sending a reminder and deadline warning.

3.14
The acceptance of cheques, credit cards, or other payment methods is at the operator’s discretion. Such instruments are accepted only on account of performance.

IV. RIGHT OF SET-OFF

4.1
The customer may only offset claims of the operator with counterclaims that are undisputed or legally enforceable.

V. CANCELLATION BY THE OPERATOR

5.1
If it has been contractually agreed that the customer may withdraw free of charge within a certain period, the operator may also withdraw from the contract during this period if other inquiries exist and the customer does not waive their right of withdrawal upon request and within a reasonable deadline set by the operator. This applies analogously to options granted to the customer.

5.2
If an agreed advance payment or security is not made by the deadline set by the operator, the operator shall also be entitled to withdraw from the contract.

5.3
The operator shall furthermore be entitled to withdraw from the contract without notice for good cause, including but not limited to the following cases:

5.3.1
Force majeure or other circumstances for which the operator is not responsible render the fulfillment of the contract impossible.

5.3.2
Residential units or event spaces were booked with misleading or false information or with concealment of essential facts; essential facts include the customer’s identity, solvency, or the purpose of stay.

5.3.3
The operator has justified cause to believe that the use of the service may endanger the smooth operation of the business, the security or public reputation of the operator, without this being attributable to the operator’s domain or control.

5.3.4
The purpose or reason for the stay is illegal.

5.3.5
The customer permits third-party use of the unit without the prior consent of the operator.

5.3.6
Clause 1.2 has been violated (unauthorized subletting, events, etc.).

5.4
The justified withdrawal by the operator does not entitle the customer to damages.

VI. CANCELLATION BY THE CUSTOMER – ACCOMMODATION AGREEMENT

6.1
The customer may only withdraw if a contractual or statutory right of withdrawal has been agreed or the operator consents in writing. Any consent to cancellation must be given in text form.

6.2
If a specific cancellation deadline free of charge was agreed, the customer may withdraw without incurring payment or damage claims until that date. After this date, the right expires.

6.3
If no withdrawal right exists or has expired, and the operator does not consent to cancellation, the agreed remuneration remains payable. The operator shall offset any revenue from other rentals and any saved expenses. If the unit cannot be re-let, the operator may apply the following flat rates for saved expenses:

• 90% of the agreed price for overnight stays (with or without breakfast) and package offers involving third-party services

• 70% for half-board arrangements

• 60% for full-board arrangements

The customer is entitled to provide evidence that the claim did not arise or is lower.

VII. CANCELLATION BY THE CUSTOMER – EVENTS

7.1
The customer may only cancel an event contract if a contractual or statutory cancellation right was agreed, or the operator expressly consents. Any agreement or consent must be in text form.

7.2
If a free cancellation period was agreed, the customer may withdraw up to that deadline without cost. After this date, the right expires.

7.3
If no cancellation right exists or has expired, and the operator does not agree to a cancellation, the full agreed remuneration remains payable, even if the services are not used. The operator will offset any revenue from alternative use and saved expenses.

7.3.1
The following lump sums apply for event cancellations:

• Up to 84 days before the event: no charge

• Up to 42 days before: 50% of the agreed price

• Up to 14 days before: 75%

• From 13 days before: 90%

If only rooms (without catering) were booked: 90% of the agreed price, regardless of cancellation date.
The customer may prove lesser loss; the operator may prove higher damage.

VIII. ROOM PROVISION, HANDOVER, RETURN

8.1
No entitlement exists to a specific unit or apartment unless expressly agreed in writing.

8.2
Residential units are available from 15:00 on the agreed arrival day. Early check-in requires a separate agreement.

8.3
Unless a later arrival time has been confirmed or the customer has prepaid or guaranteed payment by credit card, the operator may reassign the unit after 16:00 without claim for compensation.

8.4
On the agreed departure date, units must be vacated by 12:00 noon. After that:

• Until 18:00: 50% of the full daily rate

• After 18:00: 100% of the daily rate
  The customer may prove lower or no damages. The operator reserves the right to assert further damage claims.

8.5
The operator reserves the right to deny access to customers who appear to be under the influence of alcohol, drugs, or are abusive toward staff or other residents. In serious or repeated cases, the contract may be terminated without notice.

8.6
If there is reasonable suspicion that a unit was booked under false pretenses (e.g., to hold a party), the operator may refuse access or terminate the stay.

IX. CHANGE OF EVENT TIMES, ADDITIONAL SERVICES

9.1
If the scheduled start or end time of an event is changed and the operator agrees, it may charge appropriately for the extended provision of services unless the operator is at fault for the change.

9.2
If the customer requests changes to the agreed room setup (e.g. seating) on the day of the event, the operator may charge a flat fee of EUR 75.00.

9.3
If a service is booked for a specific number of persons, the actual number of attendees may not fall below 80% of that number, regardless of the time of reduction.

9.4
The final number of participants must be communicated no later than five working days before the start of the event.

9.5
If the number of participants increases, billing is based on the actual number. If the actual number is lower, billing is still based on the agreed minimum (80% rule).

9.6
If fewer persons attend than the minimum (80%), the operator may bill for the difference.

9.7
Ancillary costs (e.g. drinks, minibar use, phone usage, additional food or services) incurred by event attendees are the responsibility of each individual participant. The customer is jointly and severally liable for these charges.

X. BRINGING FOOD AND BEVERAGES TO EVENTS

10.1
The customer may not bring food or beverages to events unless agreed with the operator in writing. If permission is granted, the operator may charge a corkage or overhead fee.

XI. TECHNICAL EQUIPMENT AND CONNECTIONS

11.1
If the operator procures technical or other equipment from third parties on behalf of the customer, it acts on the customer's account and authority. The customer is liable for proper handling and return, and must indemnify the operator against third-party claims.

11.2
Use of the customer's own electrical devices is only permitted with the operator's consent. Any malfunctions or damage caused to the operator’s equipment or systems by such devices are the customer’s responsibility. Electricity consumption may be billed on a flat-rate basis.

11.3
Use of the customer’s own communication devices (e.g. phones, faxes, routers) requires approval and may incur connection charges.

11.4
If the customer’s devices render operator equipment unusable, the operator may charge an outage fee.

11.5
Malfunctions of provided technical or other equipment will be addressed immediately, where possible. Charges may not be withheld or reduced unless the operator is at fault.

XII. INTERNET USAGE

12.1
The operator provides Wi-Fi exclusively for guests’ use. It is a private internal WLAN, not a public telecommunications service. Usage requires agreement to the terms when logging in. There is no legal entitlement to use. Access may be limited or blocked at any time without justification.

12.2
The following activities are strictly prohibited when using the internet connection:

• Uploading, offering, or distributing illegal content or media

• Sharing content that violates youth protection laws or copyrights

• Distributing offensive, defamatory, violent, or hate-based materials

• Using file-sharing platforms or streaming copyrighted works

• Sending spam, malware, or unsolicited messages

• Hosting servers or overloading the network

• Attempting to access other users’ private data

• Any activity impairing network operation

12.3
The operator may block access temporarily or permanently if there is suspicion of misuse or unlawful behavior.

12.4
The customer is fully liable for any activity conducted via their connection. The customer must indemnify the operator from any claims by third parties resulting from unlawful or abusive use.

XIII. LOSS OR DAMAGE TO PROPERTY BROUGHT IN

13.1
Personal items brought into the property are at the customer’s risk. The operator is not liable for loss, damage, or destruction unless due to gross negligence or willful misconduct. Liability for injury to life, body, or health remains unaffected. If safekeeping is a typical contractual duty due to the specific case, this exemption does not apply.

13.2
Decorations or materials brought in must meet fire safety standards. The operator may request official certification. Without it, the operator may remove the materials at the customer’s cost. All installations must be pre-approved to avoid damage.

13.3
All customer items must be removed immediately after the event. If not, the operator may remove and store them at the customer’s cost or charge rent for the delayed use of the room.

XIV. CUSTOMER LIABILITY

14.1
The customer is liable for all damage caused to the building, furnishings, or infrastructure by themselves, their guests, employees, or third parties they are responsible for. Smoking in the rooms is prohibited; evidence of smoking will result in a cleaning fee up to the discrepancy of the operator.

14.2
The customer shall indemnify the operator against claims from third parties arising from their conduct or that of their guests or assistants.

14.3
If a residential unit is used for an unauthorized party or similar event, the operator reserves the right to charge a flat penalty of €3,000 to the registered payment method.

XV. OPERATOR LIABILITY

15.1
The operator is liable only for damages caused by intent or gross negligence. In case of simple negligence, liability only arises for breaches of material contractual duties. In such cases, liability is limited to foreseeable damage. The operator is equally liable for its legal representatives and vicarious agents.

15.2
Provision of parking spaces does not constitute a safekeeping contract. The operator is not liable for vehicles or contents lost or damaged, except in cases of intent or gross negligence.

XVI. FINAL PROVISIONS

16.1
Amendments or supplements to the contract, booking confirmation, or GTC must be made in writing. Unilateral amendments by the customer are invalid.

16.2
Place of performance and payment is Munich. Jurisdiction for commercial customers and those without a general German venue is Munich.

16.3
German law applies. The UN Convention on Contracts for the International Sale of Goods is excluded.

16.4
The EU provides an online platform for out-of-court dispute resolution: http://ec.europa.eu/consumers/odr

16.5
The operator does not participate in consumer dispute resolution procedures.

Company Details:
Living Spaces Munich GmbH
Hochstr. 61
81541 München

Operator of Conlon House
Landwehrstr. 81
80336 München