of Flatista Immobilien GmbH for Accommodation Services in Holiday Apartments, Apartments and the Flatista Boutique Hotel
1. Scope and Contracting Parties
1.1 These General Terms and Conditions apply to all contracts concerning the paid provision of rooms, apartments, holiday apartments and other accommodation operated or offered by Flatista Immobilien GmbH for accommodation purposes, as well as to all related services.
1.2 The contracting party is Flatista Immobilien GmbH, Schleissheimer Str. 96 (RGB), 80797 Munich, hereinafter referred to as “Flatista”. The respective guest or person making the booking is hereinafter referred to as the “Guest”.
1.3 If a person books accommodation for additional persons, including family members, fellow travellers, employees or other third parties, that person is responsible for informing them of the provisions applicable to the stay, in particular these General Terms and Conditions and the applicable House Rules.
1.4 Any terms and conditions of the Guest that deviate from these General Terms and Conditions shall only apply if Flatista has expressly agreed to them in text form.
1.5 If a booking is made via an external booking platform, the booking, payment and cancellation conditions validly agreed upon through that platform may additionally apply. In the event of any conflict concerning the specific rate booked, payment terms or cancellation conditions, the conditions expressly agreed upon at the time of booking shall take precedence.
2. Conclusion of the Contract and Booking
2.1 The accommodation contract is concluded upon confirmation of the booking by Flatista or, in the case of bookings made via an external booking platform, in accordance with the booking conditions applicable on that platform.
2.2 The type and scope of the agreed services are determined by the booking confirmation and the description of the Accommodation on which the booking was based at the time of booking.
2.3 The Guest is responsible for checking the booking confirmation promptly for accuracy and for notifying Flatista without undue delay of any discrepancies or errors.
2.4 Where accommodation is booked for third parties, the person making the booking shall remain the contracting party unless expressly agreed otherwise. To the extent that the person making the booking assumes obligations towards Flatista, they shall be liable for such obligations in accordance with the applicable statutory provisions.
2.5 Flatista may make a booking conditional upon the provision of a valid payment method, an advance payment, a credit card guarantee or an appropriate security deposit.
3. Prices and Payment
3.1 The prices agreed upon at the time of booking and stated in the booking confirmation shall apply.
3.2 The agreed prices include the statutory taxes and charges applicable at the time the contract is concluded, insofar as these are payable by Flatista.
They do not include charges that must be paid directly by the Guest under applicable local law, such as a local tourist tax or comparable charges.
3.3 If the statutory VAT rate changes after the contract has been concluded, or if new statutory taxes or charges relating to the agreed services are introduced or existing ones are changed, the agreed price may be adjusted accordingly to the extent permitted by law.
3.4 The agreed total price is due in accordance with the payment dates and conditions stated in the booking confirmation.
Payment shall be made using one of the payment methods offered during the respective booking process.
3.5 Flatista may require an appropriate advance payment or security, including a deposit or credit card guarantee. The amount, due date and payment method shall be determined by the individual booking and/or booking confirmation.
3.6 If the Guest fails to make a payment when due, the applicable statutory provisions shall apply. Subject to the applicable legal requirements, Flatista may withhold further services, withdraw from the contract or terminate the contract.
4. Arrival, Check-in and Access
4.1 Unless otherwise expressly agreed, the Accommodation shall be available to the Guest from 3:00 p.m. on the day of arrival.
The Guest has no entitlement to access the Accommodation before this time.
4.2 Depending on the Accommodation, check-in may be contactless. The necessary access information, access codes or instructions regarding key collection will be sent to the Guest using the contact details provided during the booking process.
4.3 The Guest is responsible for providing correct and accessible contact information and for ensuring that they can receive all messages necessary for check-in.
4.4 Access codes, keys and other means of access may only be made available to persons authorised under the respective booking.
They must not be passed on to unauthorised third parties.
4.5 The loss of a key or other means of access, as well as any suspicion that an unauthorised third party has obtained knowledge of an access code, must be reported to Flatista immediately.
The Guest shall be liable in accordance with the applicable statutory provisions for necessary costs resulting from a loss for which the Guest is responsible. These may include, in particular, the cost of replacement keys, locksmith services, replacement of locking cylinders or, where genuinely necessary for security reasons, replacement of a locking system.
4.6 Flatista may request a valid identity document from the Guest to the extent permitted or required by law and may collect any information necessary to comply with statutory registration and identification requirements.
5. Departure and Check-out
5.1 Unless otherwise agreed, the Accommodation must be fully vacated and properly returned by 10:00 a.m. on the day of departure.
5.2 In the event of late departure, Flatista may charge reasonable compensation for the additional use of the Accommodation and any resulting disruption.
For departure after 10:00 a.m., up to 50% of the agreed daily accommodation rate may be charged. For departure after 1:00 p.m., up to 100% of the agreed daily accommodation rate may be charged, provided that this is reasonable in the individual circumstances.
The Guest shall be entitled to prove that no loss was incurred or that the actual loss was substantially lower.
Payment of such compensation does not entitle the Guest to extend their stay.
5.3 Keys and other means of access must be returned in accordance with the applicable check-out instructions.
6. Use of the Accommodation and Maximum Occupancy
6.1 The Accommodation may only be used for the agreed accommodation purpose and by the persons specified or registered as part of the booking.
6.2 The maximum occupancy specified or agreed for the respective Accommodation must not be exceeded.
Additional overnight guests are only permitted with Flatista’s prior approval and may be subject to additional charges.
6.3 Subletting, re-letting or otherwise transferring the Accommodation, whether for payment or free of charge, to unauthorised third parties is not permitted without Flatista’s prior consent.
6.4 The use of the Accommodation for commercial purposes or purposes other than those agreed, including events, parties or commercial photography or filming, is not permitted without Flatista’s prior express consent.
6.5 The Guest is required to treat the Accommodation, its furnishings and all items provided with due care.
6.6 Furniture and furnishings must not be removed from the Accommodation or rearranged in a manner that causes damage or significant additional restoration work without Flatista’s consent.
7. House Rules, Quiet Hours and Conduct
7.1 The House Rules applicable to the respective Accommodation form part of the conditions of use and must be observed by the Guest and all accompanying persons.
7.2 Guests must show appropriate consideration for other guests, residents and neighbours. Unreasonable noise and disturbance are prohibited.
7.3 Parties and unauthorised events are strictly prohibited.
7.4 In the event of serious or repeated breaches of the House Rules, including significant noise disturbance, danger to other persons or serious interference with the building, other guests or residents, Flatista may take appropriate measures and, where legally permissible, terminate the accommodation contract for cause.
8. Strict No-Smoking Policy
8.1 Smoking is strictly prohibited in all indoor areas of Accommodation operated or offered by Flatista.
This prohibition applies in particular to hotel rooms, apartments, holiday apartments, bathrooms, kitchens, hallways, staircases and other indoor common areas.
The prohibition also applies to e-cigarettes, vaping devices, shishas and comparable products insofar as their use produces smoke, vapour or persistent odours.
8.2 Smoking is permitted only in outdoor areas where it is expressly permitted.
8.3 If the Guest or any person attributable to the Guest violates the no-smoking policy, Flatista may charge a flat-rate amount of €500.00 for the additional cleaning, odour removal and administrative expenses typically resulting from such a violation.
The Guest shall expressly be entitled to prove that no costs or damages were incurred or that the actual costs or damages were substantially lower.
Flatista reserves the right to prove and claim higher actual damages, including the costs of specialist cleaning, repairs or renovation and demonstrable loss of revenue resulting from the Accommodation being unavailable for subsequent guests. Any flat-rate amount already paid shall be credited against any further claim for damages.
9. Fire Safety and Security
9.1 Smoke detectors, fire alarm systems, fire extinguishers and other safety or fire protection equipment must not be removed, covered, disabled, manipulated or misused.
9.2 Emergency exits and escape routes must be kept clear at all times.
9.3 Open flames and other activities presenting a fire hazard are prohibited within the Accommodation unless they are specifically intended for normal use and expressly permitted.
9.4 In hotel rooms without designated cooking facilities, the use of privately brought electrical cooking appliances, including hot plates, air fryers and comparable appliances, is prohibited for safety reasons.
In holiday apartments and apartments equipped with a kitchen, the appliances provided or intended for cooking may be used for their intended purpose.
10. Pets
10.1 Small pets are generally permitted subject to prior notification and approval by Flatista, unless different rules apply to the specific Accommodation.
10.2 There is no entitlement to bring a pet unless the pet has been notified in advance and approved by Flatista.
10.3 The Guest must ensure that the pet does not cause unreasonable disturbance, excessive noise, contamination or damage to the Accommodation, building, other guests or residents.
10.4 The Guest shall be liable in accordance with the applicable statutory provisions for any damage caused by a pet brought into the Accommodation by the Guest or accompanying persons.
10.5 Any agreed pet fee covers the ordinary additional cleaning associated with accommodating a pet. Extraordinary cleaning, contamination or damage may be charged separately in accordance with the applicable statutory provisions.
11. Cleanliness, Damage and Inventory
11.1 The Guest must treat the Accommodation and its inventory with due care.
11.2 Any significant damage or defects already present upon arrival should be reported to Flatista as soon as reasonably possible so that they can be documented and, where appropriate, remedied.
11.3 Any damage caused during the stay must be reported to Flatista without undue delay.
11.4 The Guest shall be liable in accordance with the applicable statutory provisions for damage culpably caused by the Guest or by persons attributable to the Guest.
11.5 In the event of extraordinary contamination or soiling exceeding the level reasonably expected from normal accommodation use, Flatista may charge the actual additional cleaning and restoration costs incurred.
This may apply in particular in cases of severe contamination, unauthorised keeping of pets or other improper use of the Accommodation.
11.6 Missing or damaged furnishings, equipment or inventory may be charged to the Guest in accordance with the applicable statutory provisions.
12. Access to the Accommodation by Flatista
12.1 Flatista respects the Guest’s privacy during the stay.
12.2 Where reasonably necessary, Flatista or persons authorised by Flatista may enter the Accommodation following reasonable prior notice and with appropriate consideration for the Guest’s interests.
This applies in particular where access is required for necessary repairs, maintenance, technical inspections or the remedy of reported defects.
12.3 In the event of an emergency or imminent danger, including fire, water leaks, gas leaks or other safety risks, Flatista may enter the Accommodation without prior notice to the extent necessary to prevent or minimise danger or damage.
13. Extended Stays
13.1 For extended stays, additional conditions may be agreed regarding interim cleaning, linen changes, security deposits, payment intervals and final inspections.
13.2 For stays exceeding 29 days, a final inspection may be carried out before or upon departure, either jointly with the Guest or by Flatista.
The general condition of the Accommodation, inventory, any damage and any extraordinary contamination may be documented during this inspection.
13.3 Where instalment payments or monthly payments have been agreed, such payments must be made on the respective agreed due dates.
14. Registration Requirements
14.1 All applicable statutory registration and reporting requirements must be observed.
14.2 The Guest is required to provide Flatista with complete and accurate information necessary for Flatista to comply with its statutory obligations.
14.3 Where a person books accommodation for employees, fellow travellers or other third parties, that person must, where necessary, inform them of applicable registration requirements and cooperate in ensuring compliance.
15. Cancellation, No-Show and Early Departure
15.1 Cancellation conditions depend on the rate or tariff selected by the Guest at the time of booking.
The cancellation conditions applicable to the specific booking will be communicated during the booking process and/or stated in the booking confirmation.
15.2 For bookings made through external booking platforms, the cancellation and modification conditions agreed for the respective booking through that platform shall apply.
15.3 In the event of a no-show, the conditions of the booked rate shall apply.
15.4 Early departure or a subsequent shortening of the booked stay does not automatically entitle the Guest to a full or partial refund.
Any entitlement to a refund shall be determined by the agreed rate and cancellation conditions and the applicable statutory provisions.
16. Extraordinary Termination of the Stay
16.1 The right of either party to terminate the contract for good cause remains unaffected.
16.2 Flatista may have good cause to terminate the contract where the Guest seriously or repeatedly breaches material contractual obligations or the House Rules despite a warning and Flatista cannot reasonably be expected to continue the contractual relationship.
Depending on the severity of the violation, a prior warning may not be required.
Good cause may include, in particular:
– serious danger to other persons or the building,
– intentional manipulation of fire protection or safety equipment,
– serious or repeated noise disturbances,
– unauthorised parties or events,
– significant violation of maximum occupancy restrictions,
– unauthorised transfer or provision of the Accommodation to third parties,
– serious improper or unlawful use of the Accommodation.
16.3 In the event of valid extraordinary termination, the Guest must vacate the Accommodation immediately.
Flatista may deactivate access codes once the Guest’s right to use the Accommodation has validly ended.
16.4 Payment obligations, claims for damages and other claims shall be governed by the applicable statutory and contractual provisions.
There shall be no automatic entitlement to a full refund of amounts already paid insofar as Flatista is legally or contractually entitled to retain such amounts.
17. Defects and Service Disruptions
17.1 The Guest should notify Flatista of any identifiable defects or significant service disruptions as soon as reasonably possible and provide Flatista with a reasonable opportunity to remedy the issue.
17.2 Flatista will endeavour to remedy justified complaints as quickly as reasonably possible and practicable.
17.3 The Guest is required, within reasonable limits, to cooperate in preventing or minimising damage.
17.4 The Guest’s statutory rights in relation to defects or service disruptions remain unaffected.
18. Liability
18.1 Flatista shall be liable without limitation for damage resulting from injury to life, body or health caused by an intentional or negligent breach of duty by Flatista, its legal representatives or agents.
18.2 Flatista shall also be liable without limitation for other damage caused intentionally or through gross negligence.
In the event of a slightly negligent breach of material contractual obligations, Flatista shall be liable in accordance with the applicable statutory provisions. To the extent permitted by law, such liability shall be limited to foreseeable damage typical of the contract.
18.3 Statutory liability for property brought into the Accommodation by the Guest, including liability under Sections 701 et seq. of the German Civil Code (BGB), remains unaffected.
18.4 Guests are responsible for taking reasonable precautions to safeguard their personal valuables.
19. Force Majeure and Extraordinary Events
19.1 If contractual services cannot be provided in whole or in part due to force majeure or other extraordinary and unavoidable circumstances beyond Flatista’s control, the rights and obligations of the parties shall be governed by the applicable statutory provisions.
19.2 Flatista will, within reasonable limits, endeavour to inform the Guest of significant disruptions and, where possible and appropriate, offer suitable solutions.
20. Lost Property
20.1 Items left behind and found by Flatista will be stored for a reasonable period and handled in accordance with the applicable statutory provisions.
20.2 Upon request, items may be forwarded to the Guest at the Guest’s expense and, to the extent legally permissible, at the Guest’s risk.
In addition to the actual shipping costs, Flatista may charge a reasonable handling fee, provided that the Guest is informed of this fee before the item is dispatched.
20.3 Items that are not collected will be handled in accordance with the applicable statutory provisions.
21. Mail and Parcels
21.1 Flatista is generally under no obligation to accept private letters, parcels or other deliveries on behalf of Guests.
21.2 Flatista may accept deliveries in individual cases without this creating any obligation to do so in the future.
21.3 Deliveries received by mistake or after the Guest’s departure may, upon the Guest’s express request, be forwarded against reimbursement of the costs incurred.
22. Wi-Fi and Internet Access
22.1 Where Flatista provides internet or Wi-Fi access, such access is provided within the limits of technical and operational availability.
Flatista does not guarantee uninterrupted availability or any specific transmission speed.
22.2 The Guest must not use the internet connection for unlawful purposes and must comply with applicable laws and respect the rights of third parties.
22.3 Where separate Wi-Fi Terms of Use are provided and validly incorporated into the contract, such terms shall apply in addition to these General Terms and Conditions.
23. Data Protection
Personal data shall be processed in accordance with applicable data protection laws and Flatista’s current Privacy Policy.
24. Final Provisions
24.1 The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
In relation to consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
24.2 If the contracting party is a merchant, a legal entity under public law or a special fund under public law, Munich shall be the place of jurisdiction for disputes arising out of or in connection with the contractual relationship, insofar as legally permissible.
For consumers, the statutory rules regarding jurisdiction shall apply.
24.3 Individual agreements and conditions expressly agreed upon at the time of booking shall take precedence over these General Terms and Conditions in the event of any conflict.
24.4 Should any individual provision of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The applicable statutory provisions shall apply in place of any invalid or unenforceable provision.
Version: July 2026
Flatista Immobilien GmbH
Munich, Germany