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Terms and Conditions of 1/2/sleep

The operator of 1/2/sleep is Morten GmbH, Aidenbachstraße 54, 81379 Munich.

I. Validity and subject matter

  1. These General Terms and Conditions apply to all contracts concluded with 1/2/sleep. If the customer orders contractual services not only for himself but also for his employees, staff or other third parties attributable to him, he must ensure that these persons also comply with the following terms and conditions.
  2. 1/2/sleep provides rooms and premises exclusively under the following conditions. 1/2/sleep does not recognise any conflicting conditions.
  3. subletting or reletting or other (also free of charge) transfer of use of the rooms and premises provided, as well as their use for other than residential purposes require the prior written consent of 1/2/sleep, whereby § 540 Para. 1 Sentence 2 BGB (German Civil Code) is waived insofar as the client is not a consumer.
    4 No verbal ancillary agreements have been made by the contracting parties. Subsequent supplements or amendments to the concluded agreements must be in writing. A verbal waiver of the written form is excluded.

II. Conclusion of contract, due date, non-acceptance

  1. reservations must be made in writing to 1/2/sleep, stating the exact period of use. The contract is only concluded upon 1/2/sleep's written acceptance of the customer's application. Contractual partners are 1/2/sleep and the customer. If a third party has ordered on behalf of the customer, he/she is liable to 1/2/sleep together with the customer as joint and several debtors for all obligations arising from the hosting contract, provided that 1/2/sleep has received a corresponding declaration from the third party. Unless expressly agreed otherwise, the client does not acquire any claim to the provision of specific rooms or premises by the conclusion of the contract.<
  2. if the client does not accept contractual services, the client remains obligated to pay the agreed price, provided that 1/2/sleep could not rent the premises to another party. If the rented rooms are released in whole or in part before the expiry of the agreed rental period, the client shall have no claim to repayment. A withdrawal of the customer from the contract concluded with 1/2/sleep requires the written consent of 1/2/sleep. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This does not apply in the event of a breach of 1/2/sleep's obligation to consider the rights, legal assets and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is entitled to another legal or contractual right of withdrawal. 3.
  3. In the case of rooms or accommodation units not used by the customer, 1/2/sleep shall credit the income from renting the rooms to other parties as well as the saved expenses. 1/2/sleep is free to demand the contractually agreed remuneration and to make a lump-sum deduction for saved expenses. In this case, the client is obliged to pay at least 90% of the contractually agreed price. The client is free to prove that the above-mentioned claim has not arisen or has not arisen in the amount claimed.
  4. dormitory rents are due for payment in full monthly in advance. Invoices are generally due immediately upon receipt and without deduction of discounts or other rebates. 1/2/sleep is entitled to call in accrued debts at any time and to demand immediate payment. In the event of default in payment, 1/2/sleep is entitled to charge the currently applicable statutory default interest of 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. 1/2/sleep reserves the right to prove higher damages.
  5. 1/2/sleep is entitled to demand a reasonable advance payment, deposit or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
  6. the customer may only offset or reduce a claim of 1/2/sleep with an undisputed or legally binding claim.

III. Use of the premises, termination of contract, personal data

  1. the contract can be terminated by 1/2/sleep without notice if the client or the residents attributable to him/her do not comply with the house rules. Termination without notice is also possible if the stay endangers the operation or safety of the residence or other guests.
  2. if an agreed advance payment or an advance payment demanded above in accordance with clause II. no. 4 is not made even after a reasonable grace period set by 1/2/sleep has expired, 1/2/sleep is also entitled to withdraw from the contract.
  3. Furthermore, 1/2/sleep is entitled to withdraw from the contract extraordinarily for an objectively justified reason, for example if
  • force majeure or other circumstances beyond 1/2/sleep's control make it impossible to fulfil the contract;
    • premises are booked under misleading or false information of essential facts, such as in the person of the client or the purpose;
    • 1/2/sleep has reasonable grounds to assume that the use of the contractual service may jeopardise the smooth operation of the business or safety without this being attributable to the sphere of control or organisation of 1/2/sleep;
    • there is a breach of clause I. no. 3.
  1. in the event of justified withdrawal 1/2/sleep does not give rise to any claim for damages on the part of the customer.
  2. immediate termination of the contract on the part of 1/2/sleep is possible if the client does not fulfil his contractual payment obligations. In case of non-fulfilment of payment obligations, the rooms are to be vacated immediately. Should this not happen, 1/2/sleep is entitled to vacate the rooms at the expense of the client and to change the locks of the respective rooms.
  3. the applicable registration regulations must always be observed. Due to the registration regulations, a valid identification document must be presented upon moving in. The respective residents must register with the responsible office in accordance with the provisions of the registration law in the event of a longer period of stay and ensure proper registration of radio or television sets. The respective contractual partner 1/2/sleep shall inform its staff, employees or other residents attributable to it of the registration regulations and shall ensure that its staff and employees comply with the registration regulations.
  4. a deposit of 20.00 euros must always be paid for the issue of a room key. The deposit will be returned when the room and the key are handed over properly. The rooms are to be returned in a swept clean condition in accordance with the handover protocol drawn up on moving in. Should the room show any damage, defects or soiling, the costs of removal will be charged. The customer is not entitled to replace or add his own locks.
  5. any installations and any structural or technical alterations to the premises require the prior written consent of 1/2/sleep. The same applies to the connection of electrical consumers. 1/2/sleep reserves the right to reverse changes without approval at the expense of the customer.

IV. Liability, limitation

  1. The customer shall be liable for damage culpably caused by him or her or by residents attributable to him or her. In the same way, the customer shall be liable if guests and relatives of the respective resident culpably cause damage. The burden of proof that there is no fault lies with the customer. For lost or damaged inventory items, the client must pay 1/2/sleep damages in the amount of the replacement value or the actual repair costs. Defects and damages are to be reported immediately to the house management. If damage is not reported or not reported in time, the client is liable for consequential damages, even if he/she is not at fault for the original damage. 2.
  2. liability for loss, theft or damage to valuables or items brought in can only be accepted if these have been expressly given to 1/2/sleep or its representative for safekeeping and they accept safekeeping, unless 1/2/sleep has caused the loss or damage intentionally or through gross negligence. No liability is accepted for damage to motor vehicles (including contents) and bicycles located on 1/2/sleep's premises unless the damage was caused intentionally or by gross negligence on the part of 1/2/sleep.
  3. 1/2/sleep haftet mit der Sorgfalt eines ordentlichen Kaufmanns für seine Verpflichtungen aus dem Vertrag. Ansprüche des Kunden auf Schadensersatz sind ausgeschlossen. Hiervon ausgenommen sind Schäden aus der Verletzung des Lebens, des Körpers oder der Gesundheit, wenn 1/2/sleep die Pflichtverletzung zu vertreten hat, sonstige Schäden, die auf einer vorsätzlichen oder grob fahrlässigen Pflichtverletzung 1/2/sleep beruhen, und Schäden, die auf einer vorsätzlichen oder fahrlässigen Verletzung von vertragstypischen Pflichten 1/2/sleep beruhen. Einer Pflichtverletzung 1/2/sleep steht die eines gesetzlichen Vertreters oder Erfüllungsgehilfen gleich. Sollten Störungen oder Mängel an den Leistungen 1/2/sleep auftreten, wird 1/2/sleep bei Kenntnis oder auf unverzügliche Rüge des Kunden bemüht sein, für Abhilfe zu sorgen. Der Kunde ist verpflichtet, das ihm Zumutbare beizutragen, um die Störung zu beheben und einen möglichen Schaden gering zu halten.
  4. Alle Ansprüche gegen 1/2/sleep verjähren grundsätzlich in einem Jahr ab dem Beginn der kenntnisabhängigen regelmäßigen Verjährungsfrist des § 199 Abs. 1 BGB. Schadensersatzansprüche verjähren kenntnisunabhängig in 5 Jahren. Die Verjährungsverkürzungen gelten nicht bei Ansprüchen, die auf einer vorsätzlichen oder grob fahrlässigen Pflichtverletzung beruhen.

V. Final provisions

  1. The place of performance for all contractual services is the registered office of 1/2/sleep.
  2. if the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of 1/2/sleep. The same applies if the customer does not have a general place of jurisdiction in Germany or if the customer's place of residence or habitual abode is unknown at the time the action is brought.
  3. the house rules will be handed over upon moving in and must be complied with at all times.
  4. the law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods is excluded.
  5. should individual provisions of these general terms and conditions be or become invalid or void, this shall not affect the validity of the remaining provisions.
    In all other respects, the statutory provisions shall apply.