General Terms and Conditions (AGB) – Draft
1. Scope of application & Contractual partners
1.1 These General Terms and Conditions („GTC“) apply to all contracts for the rental of apartments for accommodation that are concluded between Lightplace GmbH, Magdeburgring 11, 38527 Meine, Germany („Lightplace“) and the guest, as well as to all related services provided by Lightplace.
1.2 Deviating, conflicting or supplementary terms and conditions of the guest shall only become part of the contract if Lightplace has expressly agreed to their validity in text form (including electronic form).
1.3 These terms and conditions apply to all Lightplace locations in Germany as well as to the property in Tenerife, Spain. For the Spanish unit, mandatory provisions of Spanish law may also apply in addition.
2. Confirmation of the booking
2.1 By submitting a reservation request via the website, a booking platform or in any other way, the guest submits a binding offer to conclude a accommodation contract. The contract only comes into effect with the written (including electronic) booking confirmation from Lightplace.
2.2 Information about available apartments on the website or on booking platforms is provided on an “as available” basis. Lightplace may refuse to conclude a accommodation agreement without stating reasons.
2.3 If the guest books a specific category (e.g., „2-room apartment“), he/she is not entitled to a specific, named apartment, unless explicitly agreed otherwise.
3. Cancellation, withdrawal & no-show
3.1 Depending on the rate booked, the following cancellation conditions apply:
- Standard rate: Free cancellation is possible up to 7 days before arrival. No refund will be given for cancellations made later (0 %).
- Flexible rate: Free cancellation is possible up to one day before arrival.
- Non-refundable installment: No free cancellation is permitted; the agreed price remains due in full.
The rate applicable to a specific booking will be displayed to the guest before the booking is finalized.
3.2 Special arrangement for „Haus Sonneck“ (Group house, Dr.-Barner-Straße 3, Braunlage) and „Haus Sonnblick“ (Schützenstraße 5, Braunlage): For these two properties, free cancellation is generally not possible. Any deviation requires an individual, written agreement with Lightplace.
3.3 If the guest cancels outside of a free cancellation period or does not arrive on the agreed arrival date (no-show), Lightplace’s claim for the agreed price remains in full force. Any expenses saved and income from any other rental will be credited in accordance with legal regulations. The guest is free to provide proof that no damage has occurred or that the damage is less than the agreed amount.
3.4 For bookings made on the day of arrival itself, payment is due immediately, usually within one hour of booking.
4th prizes
4.1 The prices indicated at the time of contract conclusion apply. These are final prices including the statutory value-added tax.
4.2 Local taxes that the guest is responsible for paying themselves (e.g. tourist tax) are not included in the displayed prices, unless explicitly stated otherwise.
5. Payment terms
5.1 The accommodation price is due in advance, no later than the agreed payment date.
5.2 Counterclaims by the guest are excluded, unless the counterclaim is undisputed or has been legally established. Accepted payment methods are bank transfer, credit card and PayPal. Cash payment is not possible.
5.3 The guest agrees to receive his or her invoice in electronic form (by email or download).
6. Arrival, departure & key handover
6.1 The booked apartment is available to the guest for the booked period from the agreed check-in until the agreed check-out.
6.2 Keys, access codes or key cards that were handed over to the guest must be returned on the day of departure at the agreed location (e.g., key storage facility). In the event of loss or failure to return, Lightplace charges a flat fee of €50.00; any further damage (e.g., replacement of the locking system) can be claimed separately. The guest is free to provide evidence that no damage has occurred or that the damage is less than the stated amount.
6.3 A later check-out (late check-out) or an earlier check-in (early check-in) will be gladly offered based on availability. Lightplace charges a fee of €30.00 for this service. There is no entitlement to this service.
7. Use of the apartment
7.1 The guest may not sublet or transfer the booked apartment. Likewise, the assignment or sale of claims against Lightplace is not permitted without the consent of Lightplace.
7.2 The apartment may only be used for residential/accommodation purposes. Any commercial use, photo or video production, or any illegal use is prohibited without the prior express consent of Lightplace.
7.3 In the event of unlawful use, Lightplace is entitled to terminate the booking without notice and vacate the apartment.
8. Liability of Lightplace
8.1 Lightplace is fully liable for damages resulting from the violation of life, body or health, as well as for damages arising from a willful or grossly negligent breach of duty.
8.2 In the case of simple negligence, Lightplace is liable only for breach of a fundamental contractual obligation (cardinal obligation), with the liability limited to the contract-typical, foreseeable damage.
8.3 Lightplace is liable for items brought in in accordance with the legal regulations. For valuables or cash that exceed industry standards, a separate written agreement is required; otherwise, liability is excluded to that extent.
8.4 Lightplace does not assume any responsibility for parking spaces provided free of charge or for a fee; liability only exists in the event of intent or gross negligence.
8.5 Claims against Lightplace shall be time-barred, to the extent legally permissible, within one year from the statutory limitation period; exceptions to this are claims arising from injury to life, body or health, as well as claims arising from intent or gross negligence.
9th deposit
9.1 For the properties „Haus Sonneck“ (Group house, Dr.-Barner-Straße 3, Braunlage) and „Haus Sonnblick“ (Schützenstraße 5, Braunlage), Lightplace collects a deposit before arrival to secure any claims arising from the accommodation contract. The deposit is €200.00 and must be paid in advance by bank transfer or, alternatively, deposited in cash upon arrival.
9.2 No deposit is required for all other units of Lightplace.
9.3 The deposit will be charged promptly after the end of the stay, but no later than within one month, and will be refunded minus any legitimate claims of Lightplace.
10. Guest data
10.1 Lightplace collects the data necessary for the processing of the booking and for communication (including name, email address, telephone number, and address). Upon check-in, a valid identification document may be required.
10.2 If the identity of a guest cannot be determined unequivocally due to the absence of valid documents, Lightplace is entitled to cancel the booking.
10.3 To prevent fraudulent bookings, Lightplace may employ technical verification procedures and cancel suspicious bookings.
10.4 The further processing of personal data is governed by Lightplace’s privacy policy.
11. Termination of the accommodation contract by Lightplace
11.1 Lightplace is entitled to terminate the accommodation agreement for important reasons, in particular if:
- acts of God or other circumstances that Lightplace is not able to control make the performance of the contract impossible,
- There is a reasonable reason to believe that the stay jeopardizes the smooth operation of business, safety, or the reputation of Lightplace;,
- the booking was made using misleading or false information,
- the purpose of the stay is unlawful,
- the prohibition on subletting/reselling (paragraph 7) is violated.
11.2 The guest will be informed immediately of the termination. There is no claim for damages in the event of a justified termination by Lightplace.
12. Smoke ban
12.1 All apartments at Lightplace are non-smoking apartments; this also applies to e-cigarettes and similar devices.
12.2 In the event of a violation of the smoking ban, Lightplace charges a flat fee of €250.00 (penalty fee including the required ozone/special cleaning to remove odors). The guest is free to provide proof that no damage has occurred or that the damage is less severe.
13. Rest periods & parties
13.1 The guest is obliged to avoid noise in the apartment, in the common areas and in the immediate vicinity. The general quiet hours from 22:00 to 06:00 apply, unless otherwise stipulated in the house rules of the respective unit.
13.2 Parties and larger celebrations are not permitted in the apartments and houses of Lightplace.
13.3 In the event of a violation of this prohibition that results in a complaint from third parties (e.g., neighbors) or damage to property, Lightplace will charge a contractual penalty of €400.00. Lightplace may also terminate the booking without notice. The guest is free to provide proof that no damage has occurred or that the damage is minor.
13.4 In the event of further damage, Lightplace reserves the right to charge the full cost of removal and repair, including any loss of rent, should the apartment or house be temporarily unavailable for rent due to the incident.
14. Damage & Missing Inventory
If during the stay damage occurs that exceeds the normal contractual use, or if inventory is removed without authorization, Lightplace may claim damages for the costs of re-procurement or repair, as well as for the resulting loss of rent. The guest is free to prove that no or less damage occurred.
15. Pets
15.1 Pets are generally allowed at Lightplace after prior registration. Lightplace charges a fee of €30.00 per stay for bringing a pet.
15.2 If an pet is brought without prior registration, Lightplace will charge the fee in accordance with paragraph 15.1 retrospectively. In case of exceptional contamination or damage caused by the pet, an additional special cleaning fee may be charged in accordance with paragraph 16.2.
15.3 Assistance animals (e.g. guide dogs for the blind) are always permitted free of charge upon presentation of appropriate documentation.
16. Care of the apartment & maintenance
16.1 The guest undertakes to treat the apartment and any common areas and facilities with care, to ventilate them sufficiently and to avoid heavy contamination.
16.2 If the contamination exceeds normal use, Lightplace charges an additional special cleaning fee of at least €60.00 in addition to the regular final cleaning.
16.3 The guest is obliged to check the equipment is complete upon arrival and to report any defects immediately. Damage occurring during the stay must also be reported immediately.
16.4 In the case of longer stays, Lightplace may arrange for an intermediate cleaning at reasonable intervals; the guest must grant access to the apartment for this purpose.
17. Use of the Internet
17.1 As far as available, the guest is provided with WLAN access within the limits of technical and operational capabilities. Lightplace assumes no liability for disruptions (e.g., due to force majeure or maintenance work).
17.2 The guest is obliged not to misuse the Internet access, in particular not to disseminate copyrighted content without appropriate rights or content that is relevant to criminal law. The guest indemnifies Lightplace against any claims by third parties arising from unlawful use of the Internet connection by the guest.
17.3 The transmission of WLAN access data to third parties outside the booked stay is prohibited.
18. Data protection
The processing of personal data is governed by the Lightplace privacy policy, which can be accessed here:
19. Final provisions
19.1 Amendments and additions to the accommodation contract and these terms and conditions must be in writing (including electronic form). This also applies to the waiver of this requirement for the use of written form.
19.2 The place of performance and payment is the registered office of Lightplace.
19.3 For merchants, legal persons governed by public law or special public-law assets, the exclusive place of jurisdiction is the registered office of Lightplace.
19.4 German law applies, excluding the UN Sales Convention, unless mandatory consumer protection regulations of the guest’s country of residence provide otherwise.
19.5 If any provision of these Terms and Conditions is deemed invalid, the validity of the remaining provisions hereof shall remain unaffected.
19.6 Lightplace is neither prepared nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.
