1) SCOPE OF APPLICATION & CONTRACTUAL PARTNERS

1. These General Terms and Conditions (hereinafter referred to as “GTC”), in the version valid at the time of the conclusion of the contract, shall apply to every contract for the rental of flats and flats (“Apartments”) for accommodation (hereinafter referred to as “Accommodation Contract”) concluded between Blue Chili Apartments GmbH (hereinafter referred to as “BLUE CHILI”) and third parties (hereinafter referred to as “GUEST”), as well as to all other services provided by BLUE CHILI.
2. General terms and conditions of the GUEST shall only apply if this has been expressly agreed in advance.
   
   

2) RESERVATIONS/BOOKING

1. If the accommodation contract is concluded on the internet via the website operated by BLUE CHILI (e.g. at www.bluechili.net) or other internet shops of BLUE CHILI (hereinafter “website”), the provisions of section 2 apply. For the offers of BLUE CHILI via the portals, apps and websites of third parties, the regulations for the conclusion of the contract according to the general terms and conditions of the respective providers apply in deviation from this.
2. The German language is available to the GUEST for the conclusion of the contract via the website.
3. BLUE CHILI’s offers are always subject to change and non-binding. The presentation of contractual offers on the website and/or in other presentation media does not constitute a binding offer on the part of BLUE CHILI. There is no obligation to accept bookings/reservations made by the GUEST. BLUE CHILI is free to refuse the conclusion of an accommodation contract at its own discretion. An accommodation contract between BLUE CHILI and the GUEST is only concluded upon confirmation of the GUEST’s booking (hereinafter: “booking confirmation”) in text form. A confirmation of receipt sent after receipt of a booking enquiry does not constitute acceptance of the GUEST’s offer.
4. The GUEST can submit an offer on the Internet pages by going through the booking process provided there.
5. For this purpose, he can first pre-select a rental property of his choice by selecting a booking period on the respective property pages. By clicking on the “Go to booking” button, the GUEST is redirected to the BLUE CHILI pages on the smoobu.com booking portal. There they can enter the data and information required for a booking. The information marked with an asterisk is mandatory. The booking process can only be continued once this information has been entered. By selecting the “Go to booking” button, the GUEST is shown all relevant information such as personal details, details of the rental property, booking period, check-in time, billing address, payment method and all costs incurred. The GUEST has the opportunity to check all details and – if necessary – correct them. A binding order is triggered when the button labelled “Book now” is clicked.
6. BLUE CHILI will immediately confirm receipt of the booking to the GUEST by e-mail. This confirmation sent to the GUEST after receipt of the booking does not constitute acceptance of the offer.
7. The text of the contract will be saved by BLUE CHILI and sent to the GUEST together with the included GTC by e-mail to the e-mail address provided at the time of booking. The GUEST shall ensure that the e-mail address provided is correct and that no settings or other filtering devices prevent or delay the receipt of e-mails from BLUE CHILI.
   
   

3) OBLIGATIONS OF THE GUEST

1. The GUEST is obliged to provide BLUE CHILI with proof of identity by presenting an identity card or passport at the latest at the time of handover of the booked flat (by handing over the keys and/or otherwise providing access). For GUESTS with exclusive nationality outside the EU, the presentation of a passport is required. In addition, the GUEST shall provide BLUE CHILI with all documents, information and data that BLUE CHILI is required to collect by law. If the GUEST fails to do so, BLUE CHILI is entitled to refuse the GUEST accommodation. The provisions of the following Clause 5 (3) and (4) shall apply accordingly.
2. The GUEST shall inspect the furnishings of the flat for completeness and suitability for use after taking possession and shall notify BLUE CHILI immediately of any defects and complaints. Any defect rights of the GUEST shall not be affected by a delayed notification.
3. For bookings of more than 7 nights, the GUEST shall allow BLUE CHILI to carry out weekly intermediate cleanings if necessary. The GUEST is obliged to grant the service provider commissioned by BLUE CHILI or BLUE CHILI employees access to the flat for this purpose.
4. The GUEST is obliged to treat the objects and flats provided for use within the framework of the accommodation contract with BLUE CHILI as well as rooms, facilities and equipment of the connected and/or superordinate parts of the building (hereinafter referred to as “premises”) intended for communal use with care at all times. Should damage and/or impairment occur during the accommodation that goes beyond the contractual use, or if inventory is removed from a flat and/or the premises without authorisation, BLUE CHILI is entitled to compensation, which includes in particular the expenses for remedying the damage, including any loss of revenue resulting from the inability to rent out the flat, legal costs plus a processing fee of €50 for such a claim. The GUEST has the right to prove that BLUE CHILI has suffered less damage or no damage at all.
5. The GUEST must ensure adequate ventilation and heating during the period of the contractually agreed rental of the flats and avoid gross soiling. In the event of soiling that goes beyond normal use, BLUE CHILI has the right to charge the GUEST a lump-sum cleaning fee of EUR 70.00. The GUEST is free to prove that BLUE CHILI is responsible for the soiling. The GUEST is free to prove that BLUE CHILI has incurred less damage or no damage at all. BLUE CHILI is free to claim further damages from the GUEST.

6. If a defect in the flat becomes apparent or if precautions are required to protect the flat against an unforeseen danger, the GUEST must inform BLUE CHILI immediately. The GUEST shall be liable for damages caused by the breach of the obligation to notify. This also applies in particular to consequential damage caused by progressive defects and the spread of the defect to other parts of the flats and/or the premises as well as to the loss of claims and rights of action of BLUE CHILI against third parties in relation to the respective defect.
7. BLUE CHILI or an authorised representative of BLUE CHILI is permitted to inspect the flats for a specific reason after timely notification – usually at least 24 hours in advance – at a reasonable time of day – usually from 9 am to 7 pm. To avert imminent danger, the flats may also be entered without prior notice at any time of the day or night.
   
   

4) USE OF THE PREMISES BY THE GUEST

1. The GUEST is obliged to observe the house rules of BLUE CHILI and/or the owners of the flats and/or the premises valid at the time of the conclusion of the contract. Noise and/or other disturbances must be avoided in the booked flat, the premises and the surrounding area. Quiet hours must be observed from 10 p.m. to 6 a.m. (“quiet hours”), unless other times are specified in the house rules. Decibel sensors may be installed in the flats and/or the premises. These sensors do not record voices or conversations, but are used to detect excessive volume (> 75 dB). BLUE CHILI will inform the GUEST of this in the respective offer, at the latest when the booking is finalised.
2. The GUEST may not hold events or receive guests, customers, business partners or similar in the flats and the premises without the express consent of BLUE CHILI. All persons to whom the GUEST grants access to the premises must be registered with BLUE CHILI and/or a third party nominated by BLUE CHILI. The GUEST may only give other persons access to the flats and/or the premises for the purpose of accommodation within the scope of the agreed room occupancy. The GUEST shall oblige all persons to whom he/she grants access to the flats and/or premises to fulfil his/her obligations towards BLUE CHILI.
3. The subletting or subletting of the flats by the GUEST is prohibited without the prior express consent of BLUE CHILI. This includes in particular the subletting of the flats or booking contingents to third parties.The use of the flats and/or the premises for purposes other than the accommodation of the GUEST is expressly prohibited. In particular, this includes any commercial or illegal use.
4. The use of the flats and/or the premises for commercial photography or video recording is also prohibited without explicit consent.
5. The bringing of food and drink by the GUEST and/or the persons to whom the GUEST provides access to the flats and/or premises is only permitted for their own consumption. Catering for third parties against payment by the GUEST requires the prior express consent of BLUE CHILI.
6. Parties and gatherings are prohibited in the flats and/or on the premises without the prior express consent of BLUE CHILI.
7. All BLUE CHILI flats are non-smoking flats. Smoking in the flats and/or premises is strictly prohibited, except in the designated areas. This also applies to e-cigarettes, shishas, tobacco heaters and similar devices. Smoking on balconies and/or terraces is only permitted if they are appropriately labelled and the door to the flat is closed.
8. In the event of non-compliance, BLUE CHILI has the right to demand compensation from the GUEST for the separately necessary cleaning costs, including any loss of revenue from an unreasonable re-letting of the flat due to the incident, in the amount of a lump sum of EUR 250.00. This does not affect the possibility of claiming further damages. The GUEST has the right to prove that BLUE CHILI has suffered less damage or no damage at all.
9. Pets are not permitted in the flats and/or premises without the prior express consent of BLUE CHILI. Exceptions are guide dogs, deaf dogs and other comparable service dogs. These may be brought along free of charge and at any time upon presentation of proof. The corresponding proof must be presented to BLUE CHILI before check-in.
10. In the event of non-compliance, BLUE CHILI is entitled to charge the GUEST a lump sum of EUR 150.00 for a special cleaning fee. The GUEST has the option of proving that BLUE CHILI has incurred less damage or no damage at all.
11. BLUE CHILI reserves the right to utilise the services of a third party (e.g. a security service) to enforce the house rules and regulations against the GUEST and/or persons to whom the GUEST has granted access to the flats and/or premises. The costs incurred in this connection shall be borne by the GUEST in the event of violations of the house rules and/or the provisions hereof.
    
    

5) CANCELLATION PERIODS/WITHDRAWAL BY THE GUEST/NON-USE OF SERVICES (NO SHOW)

1. The GUEST may only withdraw from the accommodation contract if a right of withdrawal or cancellation (hereinafter referred to as “contractual right of withdrawal”) has been expressly agreed, another statutory right of withdrawal exists or if BLUE CHILI expressly agrees to the cancellation of the contract. The agreement of a contractual right of withdrawal as well as the possible cancellation of the contract should be made in text form.
2. If a date/period for exercising the contractual right of cancellation has been agreed between BLUE CHILI and the GUEST, the GUEST may cancel the accommodation contract up to that date without triggering payment or compensation claims by BLUE CHILI. The agreed contractual right of cancellation expires if the GUEST does not exercise this right vis-à-vis BLUE CHILI by the agreed date or within the agreed period in the agreed form.
3. If a contractual right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or cancellation and BLUE CHILI does not agree to a cancellation of the contract, BLUE CHILI retains the claim to the agreed remuneration despite non-utilisation of the service. BLUE CHILI must offset the income from renting the flats to other parties as well as the expenses saved. In this case, a processing fee of €60 is due. If the flats are not rented to other parties, BLUE CHILI may make a flat-rate deduction for saved expenses. In this case, the GUEST is obliged to pay at least 90% of the contractually agreed price (excluding catering flat rate) for overnight accommodation with or without breakfast. This does not affect BLUE CHILI’s right to compensation for any further damages. The GUEST is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.
4. In addition, in the event of a no-show by the GUEST in the case of reservations guaranteed for several days, all further nights from the first night will be cancelled and the GUEST will have no claim to the following nights.
5. In the case of reservations made on the day of arrival, the GUEST must pay for the stay immediately, usually within one hour, and provide appropriate proof of payment.
6. Subsequent changes to the number of booked rooms, the BLUE CHILI service or the length of stay require the conclusion of a corresponding (new) contract with BLUE CHILI, subject to these GTC. This does not affect the possibility of supplementary agreements for a late check-out on the original day of departure.
   
   

6) ACCOMMODATION PRICES & OTHER PRICES

1. The prices for accommodation, cleaning and any additional services stated by BLUE CHILI at the time the contract is concluded shall apply. Applicable and stated prices are gross and include all statutory taxes, fees and charges.
   Local taxes owed by the GUEST, such as visitor’s tax, are not included unless otherwise stated or indicated. Any discounts via discount codes will only be taken into account if the GUEST enters the discount code in the input mask provided for this purpose at the time of booking. In addition, the discount conditions specified by BLUECHILI shall apply.
2. If the period between conclusion of the contract and fulfilment of the contract exceeds four months and if BLUE CHILI’s cost price increases by more than 5% after conclusion of the contract and before provision of the premises, BLUE CHILI is entitled to increase the agreed price by the same amount by unilateral declaration. In the event of a change in the statutory value added tax or the introduction, change or abolition of local taxes on the object of performance after conclusion of the contract, the prices will be adjusted accordingly. The increase must be communicated at least 4 weeks in advance; in this case, the GUEST is entitled to cancel the booking within 2 weeks.
   
   

7) TERMS OF PAYMENT & INVOICE

1. The price for the accommodation booked by the GUEST must always be paid in advance by the GUEST. It becomes due without deduction upon receipt of the invoice from BLUE CHILI, at the latest upon handover of possession of the flats.
2. The GUEST may only offset an undisputed or legally established claim against a claim by BLUE CHILI. If the GUEST is not a consumer, this also applies to the assertion of – also commercial – rights of retention and in particular to the reduction of payments to BLUE CHILI due to alleged defects; in this case, the GUEST reserves the right to assert any repayment claims in this respect.
3. Accepted means of payment are MasterCard, Visa, American Express, Sofortüberweisung/Klarna, Paypal or regular bank transfer. Cash payment is generally not accepted. BLUE CHILI is free to decide on the acceptance of the GUEST’s credit card in each individual case, even if the general acceptance of credit cards has been publicised by BLUE CHILI. BLUE CHILI also reserves the right to restrict the accepted payment methods in the future.
4. BLUE CHILI may use the services of third parties, e.g. Stripe or similar, to process payments.
5. BLUE CHILI reserves the right to debit the deposited payment methods with amounts for additional services used or violations of the General Terms and Conditions. The GUEST expressly authorises BLUE CHILI to do so.
   
   

8) PROVISION OF THE APARTMENTS/RETURN

1. The GUEST only acquires a claim to the provision of certain flats insofar as this has been expressly agreed and/or is necessary according to the contractually agreed purpose of use.
2. BLUE CHILI shall keep the flats booked by the GUEST available for the booked period and provide the additional services agreed. In this respect, the (service) conditions stated in the offer reserved by the GUEST shall apply, in particular to the check-in time. BLUE CHILI is entitled to allocate booked flats to other parties if the GUEST does not take possession of them as agreed in the contract or – if no express agreement has been made – by 6 pm on the first day of booking, unless a later check-in time has been agreed or the flats have already been paid for in full in advance or BLUE CHILI has been given a credit card guarantee that enables the agreed price to be debited even in the event of a no-show.
3. The apartments shall only be provided with the expressly agreed equipment, in particular with regard to furniture and/or technical equipment (sockets, lighting, loudspeakers, multimedia connections, WLAN, etc.).
4. The apartments must be returned to BLUE CHILI by the GUEST by the end of the agreed rental period at the latest. The agreed check-out time applies. In the event of a justified cancellation and/or termination, the apartments must be returned immediately. The keys, transponders, parking passes and/or key cards provided to the GUEST by BLUE CHILI must be returned on the day of departure to BLUE CHILI, a third party named by BLUE CHILI or to the storage location in the apartment designated by BLUE CHILI by means of signage and/or a message. In the event of loss of a key, key card or parking permit, as well as failure to return these items, a lump sum of €50.00 will be charged (per item concerned). BLUE CHILI is further entitled to claim additional compensation from the GUEST for the damage incurred as a result if the damage exceeds the agreed lump sum. This also includes the hiring of a locksmith or the replacement of the affected locking system if this is necessary for security reasons. The GUEST has the option of proving that BLUE CHILI has incurred less damage or no damage at all.
5. An earlier arrival (early check-in) and/or a later departure (late check-out) can be agreed between BLUE CHILI and the GUEST on request and subject to availability. However, the GUEST is not entitled to this. BLUE CHILI may make its consent to late check-out dependent on the payment of an additional fee by the GUEST.
6. In the event of late return and/or late vacating of the apartments, BLUE CHILI may demand the agreed accommodation price or the higher local accommodation price, if applicable, as compensation in accordance with § 546a para. 1 BGB for each additional day or part thereof. Alternatively, BLUE CHILI may charge 50% of the agreed accommodation price per day as compensation for late return until 6 p.m., and 90% from 6 p.m. onwards. The GUEST is free to prove that BLUE CHILI has incurred no or less damage due to the late return/clearing; BLUE CHILI is free to prove higher damage.
   
   

9) ITEMS BROUGHT IN BY THE GUEST

1. The items brought into the apartments and/or premises by and/or on behalf of the GUEST must comply with the relevant statutory and/or official safety regulations and/or orders. The GUEST is obliged to provide BLUE CHILI with any necessary permits, approvals and/or test reports before bringing in the items without being requested to do so.
2. All items brought in by and/or on behalf of the GUEST must be removed without residue by the GUEST at his own expense until the apartments are returned to BLUE CHILI. If the GUEST does not fulfill this obligation, BLUE CHILI is entitled to remove and store the items in question at the expense of the GUEST. Lost property must be collected from BLUE CHILI on site and will not be sent/shipped.
3. In the cases referred to in paragraph 2, BLUE CHILI is entitled to demand the agreed rental price or the higher local rental price, if applicable, as compensation in accordance with Section 546a (1) BGB for each additional day or part thereof after the agreed vacating of the apartments for the duration of the suspended or restricted usability of the apartments. Further claims for damages remain unaffected, § 546a para. 2 BGB, in particular if other events cannot take place or can only take place to a limited extent due to the canceled or restricted usability of the apartments.
4. The GUEST shall compensate BLUE CHILI and/or third parties for any damage caused by the introduction and/or use of facilities and objects by and/or on behalf of the GUEST.
   
   

10) LIABILITY OF BLUE CHILI

1. BLUE CHILI shall only be contractually or non-contractually liable if the damage is due to gross negligence or intent. BLUE CHILI is liable for injury to life, limb or health of a natural person in accordance with the statutory provisions, even in the case of simple negligence. In addition, BLUE CHILI shall also be liable in accordance with the statutory provisions for the breach of a material contractual obligation due to simple negligence, but limited in amount to the financial disadvantages that BLUE CHILI should have foreseen as a possible consequence of the breach of contract when concluding the accommodation contract. Material contractual obligations in the aforementioned sense are those obligations whose fulfillment makes the proper execution of the accommodation contract and the achievement of the purpose of the contract possible in the first place and on whose compliance the GUEST may regularly rely according to the content and purpose of the accommodation contract (cardinal obligation). This includes in particular the obligation to provide the booked services in good time and in such a way that the life, limb and health of the GUEST and other authorized users of the contractually agreed services are not endangered.
2. A breach of duty by BLUE CHILI is equivalent to a breach of duty by its legal representatives, employees or vicarious agents. Limitations of liability agreed in the contract or these GTC shall also apply to any personal liability of BLUE CHILI’s organs and/or vicarious agents.
3. Claims arising from any guarantee of quality or from fraudulently concealed defects, from data protection violations and under the Product Liability Act remain unaffected by the above limitations of liability. A reversal of the statutory burden of proof is not associated with the above limitations of liability.
4. Further claims for damages – unless otherwise regulated in these GTC – are excluded.
5. In the event of disruptions or defects in BLUE CHILI’s services, BLUE CHILI shall endeavor to remedy the situation upon immediate complaint by the GUEST or upon knowledge thereof. The GUEST is also obliged to do everything reasonable to remedy the disruption or defect and to minimize any resulting damage. In addition, the GUEST is obliged to inform BLUE CHILI immediately after becoming aware of the possibility of damage.
6. BLUE CHILI is liable for items brought into the hotel, regardless of fault, in accordance with the statutory provisions. The limitations set out in these GTC apply to BLUE CHILI’s fault-based liability.
7. No safekeeping agreement is concluded if a parking space is made available to the GUEST by BLUE CHILI for a fee or free of charge. This does not result in any monitoring obligation for BLUE CHILI.
   In the event of loss, theft or damage to motor vehicles parked or maneuvered on the property and/or parking space provided by or through BLUE CHILI, BLUE CHILI shall be liable exclusively in accordance with these provisions. The GUEST is obliged to report any damage immediately. Obvious damage must be reported before leaving the parking space. BLUE CHILI is not liable for damage for which other guests or other third parties are solely responsible. The provision of Clause 10 (2) remains unaffected by this.
8. Any claims against BLUE CHILI shall generally become time-barred within one year from the start of the statutory limitation period. Notwithstanding § 199 (2) and (3) BGB, claims for damages shall become statute-barred after five years at the latest, irrespective of knowledge. This shortening of the limitation period/reduction of the limitation period does not apply to claims for fraudulently concealed defects and/or breaches of a cardinal obligation and/or which are based on intent, gross negligence or culpable injury to life, limb, health or freedom of a natural person, from quality guarantees, from breaches of data protection, under the Product Liability Act and for the right to withdraw from the contract in the event of a breach of duty for which BLUE CHILI and/or its vicarious agents are responsible and which is not a defect.
9. BLUE CHILI accepts no liability for lost property. Excluded from this is liability due to intentional or grossly negligent breaches of duty by BLUE CHILI. The provisions on strict liability for items brought in by the GUEST remain unaffected by this.
10. Should disruptions or defects occur in BLUE CHILI’s services, BLUE CHILI shall endeavor to remedy the situation upon knowledge thereof or upon immediate complaint by the GUEST. The GUEST is obliged to do everything reasonable to remedy the disruption and minimize any possible damage.
    
    

11) DEPOSIT

1. In order to secure all claims of BLUE CHILI against the GUEST arising from the accommodation contract and/or in connection with the contractually agreed accommodation, BLUE CHILI is entitled to collect the following security deposits from the GUEST before the apartments are made available. BLUE CHILI is entitled to pre-authorize a credit card of the GUEST for the deposit/security payment.
2. For stays of less than 90 days, a security deposit of €250.00.
3. For stays of 90 to 180 days, a deposit of 30 times the average daily gross accommodation rate for the booking.
4. BLUE CHILI is entitled to refuse the GUEST the use of the apartments if the GUEST does not fulfill his/her obligation to pay the deposit/security deposit. If BLUE CHILI has already let the apartments to the GUEST before the deposit/security deposit has been paid, BLUE CHILI is entitled to terminate the accommodation contract without notice if the deposit/security deposit is not paid within a reasonable grace period to be set.
5. BLUE CHILI is obliged to settle the security deposit within one month after termination of the accommodation contract.
   
   

12) TERMINATION OF THE ACCOMMODATION AGREEMENT by BLUE CHILI

1. The accommodation contract ends at the end of the agreed rental period.
2. If a free right of withdrawal of the GUEST within a certain period has been agreed, BLUE CHILI is entitled to withdraw from the accommodation contract during this period if there are requests from other GUESTS for the contractually booked rooms and the GUEST does not waive his right of withdrawal upon request by BLUE CHILI with a reasonable deadline.
3. If an advance payment or security owed is not made even after a reasonable grace period set by BLUE CHILI has expired, BLUE CHILI is also entitled to withdraw from the contract.
4. Furthermore, BLUE CHILI reserves the right and is entitled to terminate the accommodation contract for good cause. In particular, an important reason exists if:
   • a) force majeure or other circumstances for which BLUE CHILI is not responsible make it impossible to fulfill the contract;
   • b) BLUE CHILI has reasonable grounds to believe that the use of the accommodation service may jeopardize the smooth running of the business, the security or the public reputation of BLUE CHILI, without this being attributable to the sphere of control or organization of BLUE CHILI;
   • c) the GUEST has sublet and/or subcontracted the apartment and/or booking contingents to third parties and/or booked and/or reserved for this purpose without the prior express consent of BLUE CHILI;
   • d) the purpose or reason for the stay is unlawful or serves the purpose of residential prostitution;
   • e) In the event of unauthorized subletting and/or subletting of the apartments;
   • f) bookings are culpably made with misleading or false information or concealment of material facts; in particular, but not exclusively, the identity of the GUEST, the ability to pay or the purpose of the stay shall be material;
   • g) the GUEST breaches an obligation arising from the accommodation contract and/or these GTC, in particular in the event of breaches of the requirements for the permitted use of the apartments and/or the requirements for bringing animals, unless these breaches are insignificant in nature or scope
5. In the cases of No. 4 lit. a), BLUE CHILI shall inform the GUEST immediately of the non-availability of the contractually agreed service. BLUE CHILI shall immediately reimburse the GUEST for any payments already made by the GUEST. If the contractually agreed rental period has already begun at the time of termination of the accommodation contract and the apartment has been made available to the GUEST during this period in accordance with the contract, a pro rata refund will be made for the rental period remaining at the time the apartment is returned.
6. BLUE CHILI must inform the GUEST immediately of the exercise of the right of termination.

• • The GUEST is not entitled to compensation in the event of justified termination and/or justified withdrawal by BLUE CHILI.
  • If BLUE CHILI terminates the contract for good cause due to circumstances for which the GUEST is responsible, BLUE CHILI is also entitled to terminate future bookings of the GUEST for good cause.
  • Accommodation periods already used shall be remunerated by the GUEST in accordance with the agreements. A refund of amounts already paid will not be made in this respect. The provisions of Clause 5 (3) and (4) shall apply mutatis mutandis to periods not yet used at the time of the return of possession of the premises.
    
    

13) SAFETY EQUIPMENT

1. Tampering with, stealing, deactivating, damaging, destroying or blocking emergency exits, fire extinguishers or the fire/house alarm is prohibited. This also applies to the manipulation or deactivation of security and decibel sensors or code locks within the apartment. In the event of violations, the GUEST will pay a contractual penalty of €150 to BLUE CHILI. This does not apply if the GUEST is not responsible for the violation.
2. BLUE CHILI is entitled to cancel an active booking with immediate effect and to expel the GUEST from the property if BLUE CHILI becomes aware of violations of the above paragraph 1. In such cases, there is no entitlement to a refund or partial refund of any remuneration already paid. The GUEST has the right to prove that BLUE CHILI has suffered less or no damage as a result of the termination.
3. Insofar as there are networked smoke or heat detectors in the apartments and/or the premises that are directly connected to the control center of the fire department or a security service, the GUEST shall refrain from intentionally or negligently triggering them (e.g. due to a violation of the smoking ban). In the event of violations, the GUEST shall be fully liable for the costs incurred as a result (e.g. fire department or security service deployment costs). The Guest shall indemnify BLUE CHILI against any claims asserted by third parties against BLUE CHILI as a result of such behavior.
   
   

14) INTERNET USE

1. BLUE CHILI shall provide the GUEST with Internet access via WLAN within the scope of the existing technical and operational possibilities, insofar as this is indicated in the respective offer. Disruptions, for example due to force majeure or maintenance work or similar, cannot be excluded and do not entitle the guest to compensation.
2. The GUEST may not misuse the Internet connection. Misuse is deemed to have occurred in the following cases in particular: Downloading and making available copyrighted content, including via peer-to-peer sharing platforms, illegal streaming services and sharing, distributing, making available, retrieving or transmitting criminally relevant content (in particular Sections 130, 130a, 131 and 184 of the German Criminal Code). The GUEST is obliged to observe all relevant legal regulations and rights of third parties, in particular copyrights, patent rights, name rights, trademark rights and personal rights. The GUEST shall indemnify BLUE CHILI upon first request from all claims and claims for damages of third parties as well as from the costs of legal defense in a reasonable amount, which have been caused by a contractual and/or illegal use of the provided Internet connection by the GUEST or by third parties to whom the GUEST has enabled/granted access to the Internet connection. This indemnification claim includes in particular claims arising from the infringement of copyright, patent, name, trademark and personal rights as well as violations of data protection law.
3. The GUEST is prohibited from passing on access data for the BLUE CHILI Internet connection to third parties. This also applies to the publication of access data. In the event of non-compliance, the GUEST shall be liable to BLUE CHILI for all damages caused by the disclosure of the access data.
4. Furthermore, BLUE CHILI reserves the right to block the internet connection of the GUEST in the event of legal violations.
   
   

15) DATA PROTECTION

The data protection regulations can be viewed at: www.bluechili.net/en/data-privacy/.

16) FINAL PROVISIONS

1. Amendments and supplements as well as the cancellation of the accommodation contract, the acceptance of the application or these GTC must be made in text form. This also applies to the cancellation of this text form clause. The validity of individual contractual agreements remains unaffected by this.
2. The exclusive place of jurisdiction for commercial transactions is the registered office of BLUE CHILI. If a GUEST fulfills the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of BLUE CHILI. The requirements of Art. 25 of Regulation (EU) No. 1215/2012 remain unaffected if the GUEST has its general place of jurisdiction in a member state of the European Union other than Germany.
3. Subject to any mandatory foreign and/or European legal provisions, relations between the contracting parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory statutory provisions of the law of the country in which a consumer within the meaning of § 13 BGB has his habitual residence shall not be affected by the above choice of law.
4. Should any provision of these GTC or the accommodation contract be or become invalid, void or voidable, the validity of the remaining provisions shall not be affected. In place of the invalid/void provision, the parties shall agree on a provision that comes closest to the intended purpose of the invalid/void provision. This also applies to the filling of any gaps in the contract.
5. BLUE CHILI is obliged to inform the GUEST that the European Commission provides an online platform for online dispute resolution. This can be accessed at https://ec.europa.eu/consumers/odr. The e-mail address provided by BLUE CHILI for this purpose is: post[at]bluechili[dot]net. BLUE CHILI is neither willing nor obliged to participate in a dispute resolution procedure in this regard.