Terms and Conditions for Apartment Booking
Updated: 12.12.2024
1. General information about The Circle
1.1. The Circle is owned and operated by The Circle Concept Hotel GmbH – hereinafter referred to as ‘The Circle,’ ‘The Apartment,’ ‘we,’ ‘us,’ or ‘our.’
1.2. If you have any questions about these terms, you can contact us via:
Email at: come@enter-thecircle.com
Telephone: 01631872040 | 01634545068
Post: Skalitzerstraße 59, 10997 Berlin
1.3. These General Terms and Conditions (‘T&C’) apply to all accepted bookings made with The Circle Concept Hotel GmbH (The Circle), including additional services and deliveries (including through our website, by phone, via email, or in person). By making a booking with us, you (the tenant) confirm your acceptance of these terms and agree to comply with our house rules. A binding contract between you and us is established as soon as you accept and sign our Terms & Conditions, and we have accepted and confirmed your booking in text form. We reserve the right to refuse a booking; in this case, no charges will be incurred.
1.4. The Circle reserves the right to make changes to the Terms & Conditions for tenants at any time and may publish updated versions on this website. Therefore, it is recommended to check this page occasionally to familiarize yourself with the current binding version of the T&C for tenants.
2. Defined terms used in these Terms & Conditions
2.1. In these Terms & Conditions, the following expressions have the following meanings, unless the context requires otherwise:
* “Booking” means your reservation of our apartment at Skalitzerstraße 59, 10997 Berlin.
* “Website” means our website, www.enter-thecircle.com.
* “You,” “Your,” “Guest,” or “Tenant” means the person to whom we provide accommodation or other services in the context of a booking and in accordance with these terms, and also includes individuals who belong to the same group.
3. Bookings and Payment
3.1. The apartment can be booked for a maximum of 2 people at the same time.
3.2. You must be over 21 years old to make a booking.
3.3. For all bookings, a valid payment method (PayPal) is required at the time of reservation to guarantee the booking. Reservations must be paid in full at the time of booking.
3.4. If you are not a German national, you must send a valid photo ID via email after your booking (including but not limited to a passport, driver’s license, or identity card), and this ID must match the payment details you used to pay for your booking. Only after we have verified your identification will your booking be considered valid.
3.5. Guest are obliged to pay the agreed or applicable prices for the apartment rental and any additional services they have used. This also applies to services commissioned by guests directly or through the apartment that are provided by third parties and incurred by us.
3.6. The Circle is entitled to require a reasonable security deposit from the guest in the form of a credit card guarantee via Swikly upon conclusion of the contract. The amount of the security deposit is €250.00 and will be held by Swikly for a maximum of 7 days. If there is no damage to the furniture/inventory of the apartment or other items provided by the landlord, or any other costs (e.g., minibar), the security deposit will be automatically released. In the event of damage or other costs, we will contact you regarding the damage or costs before utilizing the security deposit. In case of default in payment by the tenant, statutory regulations apply. If an agreed or required advance payment or security deposit is not made even after the expiration of a reasonable grace period set by the apartment, the apartment is entitled to withdraw from the contract.
3.7. You may not transfer your booking to a third party without our prior consent.
4. Pricing
4.1. Prices may change, and the price offered to you at the time of your booking is the price you will pay. In the event of changes to the statutory VAT or the introduction, modification, or abolition of local taxes on the service object after the conclusion of the contract, prices will be adjusted accordingly. This applies to contracts with consumers only if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
4.2. The prices include all products and services listed in the offer you selected at the time of your booking. They may change over time if, for example, certain products become unavailable. We will notify you if your offer changes.
4.3. The agreed prices include the taxes and local charges (e.g., Berlin City Tax) applicable at the time of the conclusion of the contract, unless otherwise stated to you at the time of booking.
4.4. In our minibar, you will find various adult toys, personal care products, and wines available for purchase. Our Cocktail Menu details the prices of each product. If you open any of the products, it will be considered a purchase. You will receive an invoice for all minibar items that you have consumed or opened. The invoice can either be deducted from your security deposit or must be paid within 7 days of your departure.
4.5. The offered prices are calculated based on the arrival date and the duration of the stay. If you end your stay with us early, Section 8.2 applies. The tenant is free to provide evidence that the aforementioned claim did not arise or did not arise in the requested amount.
5. Check-in and Check-out
5.1. The check-in time is 5 PM and the check-out time is 1 PM. Guests who wish to check in earlier or check out later should inform us in advance. Early check-in or late check-out is possible depending on the booking situation of the apartment. The apartment reserves the right to charge a fee of €50 for each commenced hour for early check-in or late check-out.
6. Conduct and Behavior
6.1. The Circle may not be used as a commercial venue, for parties, or for any activities that violate German law or good morals. Disturbing the neighborhood is prohibited. In particular, persons under 21 years of age and pets are not allowed on our premises, and the consumption of drugs and/or the presence of sex workers is prohibited.
6.2. For your safety, smoking in the apartment is not permitted. In the event of tampering with the smoke and/or fire alarm system, we will claim damages incurred as a result. You are allowed to provide evidence that no damage or only minor damage occurred.
6.3. Guests’ use of the internet is subject to applicable German laws and is the responsibility of the tenant in the event of violations. The illegal downloading and uploading of copyrighted files is prohibited and may result in liability for the guest.
6.4. The use of the apartment and the inventory contained therein is entirely at your own risk. The operator is not liable for health-related damages that may arise from such use, unless there is intent or negligence. The usage rules for all devices (including the Jacuzzi) must be followed to avoid physical harm and should not be used under the influence of alcohol or drugs.
6.5. It is not permitted to take photos of our apartment and post/distribute them on social media. In case of violation, we expressly reserve the right to seek injunctive relief and damages.
6.6. Items brought by the guest are at the guest’s own risk while in the apartment. The apartment assumes no liability for loss, destruction, or damage, except in cases of gross negligence or intent. The statutory liability under §§ 701 ff. BGB remains unaffected. The apartment is liable to the guest for items brought in according to statutory provisions, up to 100 times the room rate, but a maximum of €3,500, as well as for money, securities, and valuables up to €800. Money, securities, and valuables can be stored in the room safe up to a maximum value of the insured amount of €800. The apartment recommends that the guest take advantage of this option. Liability claims will expire if the guest does not immediately report loss, destruction, or damage to the apartment after becoming aware of it, § 703 BGB.
6.7. The stated prices apply only to private individuals. Commercial use, such as for photo or film shoots, must be registered and is only possible after prior arrangement and additional charges.
6.8. If you or a member of your group do not comply with Clause 6 or otherwise violate another condition of these terms, we reserve the right, after weighing the mutual interests:
* To cancel your booking at any time without refund of any amounts already paid;
* To ask you and your group to leave the apartment; and/or
* To decline future bookings from you.
7. Damage
7.1. You are liable for all damages caused by you or a member of your group to the apartment, other guests, and/or their property, including but not limited to broken/missing items, water and/or smoke damage. We reserve the right to demand immediate reimbursement of all reasonable costs associated with the damages incurred (including but not limited to replacement, repair, and/or cleaning costs) or to deduct the amount from your security deposit. You are allowed to provide evidence that no damage or only minor damage occurred.
7.2. Wax and/or fecal play are not permitted. If there are signs of such activities, The Circle reserves the right to charge an additional cleaning and disinfection fee to ensure the space can be professionally prepared for the next guests as quickly as possible. You are allowed to provide evidence that no wax or fecal play took place or that no damage occurred, or that any damage was of a lesser amount.
7.3. Oil and urine play is permitted only in the wetroom. If such activities are proven to have occurred outside of the wetroom, The Circle reserves the right to charge an additional cleaning and disinfection fee to ensure the space can be professionally prepared for the next guests as quickly as possible. You are allowed to provide evidence that no oil play took place or that no damage occurred, or that any damage was of a lesser amount.
8. Cancellation by you
8.1. If you would like to change or cancel your booking with us, you must send us an email or contact us via SMS or phone.
8.2. If a right of withdrawal has not been agreed upon or has already expired and there is also no statutory right of withdrawal or termination, The Circle retains the claim to the agreed remuneration despite the non-utilization of the service. The Circle will offset the income from any other rental of the apartment as well as the saved expenses. If the rooms are not rented elsewhere, The Circle may standardize the deduction for saved expenses. Cancellations made one week before your stay will be fully refunded. Cancellations made three days before your stay will be refunded at 50%. Any cancellations made after this time will be refunded at 10%. The tenant is free to provide evidence that the aforementioned claim did not arise or did not arise in the requested amount.
9. Withdrawal by The Circle
9.1. The Circle is entitled to withdraw from the contract extraordinarily for a valid reason, particularly in the event that:
* Force majeure or other circumstances for which The Circle is not responsible and which make the fulfillment of the contract impossible;
* Bookings are made with culpable misleading or false information or the concealment of essential facts; essential facts may include the identity of the guest, age, creditworthiness, or the purpose of the stay;
* The Circle has reasonable grounds to assume that the use of the service may jeopardize the smooth operation of the business, the safety, or the public reputation of The Circle, without this being attributable to the control or organizational area of The Circle; and/or
* The purpose or reason for the stay is illegal.
9.2. The justified withdrawal by The Circle does not establish any claim for damages by the guest. If there is a claim for damages against the guest in the event of a withdrawal under the preceding Clause
9.3. The Circle may standardize this claim. Clause 8.2 applies accordingly in this case.
9.4. If we must cancel your booking in accordance with Clause 9 and there is no claim for damages against the guest, the following applies:
* If you have already made a payment, we will refund you for the unused nights;
* If you have not yet paid for your booking, you owe us no payment; and/or
* Aside from the refund of prepaid and unused nights, we are not responsible for any further payments to you.
10. Liability of The Circle
10.1. The liability of the apartment for its own fault and the fault of its agents is limited to intent and gross negligence, regardless of the legal basis, subject to Clause 10.2.
10.2. This limitation of liability does not apply to claims arising from product liability, a guarantee assumed by the apartment, or those due to injury to life, body, or health, and violations of so-called cardinal duties – those duties whose fulfillment is essential to achieving the purpose of the contract and upon which the guest can rely. In the latter case, however, liability is limited to the compensation of typical, foreseeable average damages.
10.3. For items brought in, The Circle is liable to the guest according to the statutory provisions (§§ 702 ff. BGB).
10.4. The statute of limitations for claims by the guest is generally governed by the statutory provisions. Contrary to § 195 BGB, the limitation period for all claims by the guest is one year. Deviating from § 199 Abs. 3 No. 1 BGB and § 199 Abs. 4 BGB, claims for damages and other claims expire after five years from their occurrence, regardless of knowledge or grossly negligent ignorance. The above exceptions do not apply to claims for damages due to injury to life, body, health, or freedom, or if The Circle is at fault for intent or gross negligence.
10.5. Changes and additions to the contract, the acceptance of the application, or the General Terms and Conditions must be made in writing. Unilateral changes or additions by the guest are ineffective.
10.6. German law applies. The application of the UN Sales Convention and conflict of laws is excluded. If the guest is a merchant or a legal entity under public law, the exclusive place of jurisdiction is Berlin.
10.7. In accordance with legal obligations, The Circle points out that the European Union has established an online platform for the out-of-court resolution of consumer disputes (“OS platform”): http://ec.europa.eu/consumers/odr/. However, The Circle does not participate in dispute resolution procedures before consumer arbitration bodies.