General Terms And Conditions

§1 Scope

These General Terms and Conditions apply to contracts for the temporary provision of accommodation in furnished apartments (the “Apartments”) and to all other goods and services supplied to the guest by MW Hotels GmbH, Managing Director Michael Wagner, registered with the Local Court of Freiburg under HRB 713488, Stühlingerstraße 21, 79106 Freiburg, Germany (“MW Hotels”).
These General Terms and Conditions apply exclusively. Any terms and conditions of the guest, regardless of their content, shall apply only if expressly agreed in advance in text form.

§2 Formation Of Contract, Contracting Parties And Limitation Periods

The accommodation agreement is concluded when MW Hotels accepts the guest’s booking request. Acceptance shall be confirmed by MW Hotels in text form or, at the latest, by making the Apartment available to the guest.
The contracting parties are MW Hotels and the guest. Where a third party makes a booking in its own name for the benefit of a guest, that third party becomes the contracting party. Where the third party clearly acts as the guest’s representative when making the booking, the represented guest becomes the contracting party. The third party shall be personally liable for the guest’s obligations only where this has been expressly and separately agreed in text form. The statutory rules on representation remain unaffected.
Subletting or otherwise making the Apartment available to a third party, as well as using it for any purpose other than accommodation, requires the prior consent of MW Hotels in text form. The same applies if the Apartment is to be used by persons or visitors in excess of the number of guests covered by the booking.
Claims by the guest against MW Hotels are subject to the statutory limitation periods.

§3 Services, Prices, Payment And Set-Off

MW Hotels shall provide the Apartment booked by the guest, or equivalent substitute accommodation, and perform the agreed services.
The guest shall pay the agreed or applicable prices for the Apartment and for any additional services used. This also applies to services commissioned by the guest directly or through MW Hotels, provided by third parties and paid for in advance by MW Hotels.
The agreed prices include the applicable statutory VAT. If the VAT rate applicable to the contractual services increases or decreases after the contract has been concluded, the prices shall be adjusted accordingly.
If more than four months elapse between conclusion and performance of the contract and the price generally charged by MW Hotels for comparable services increases, MW Hotels may increase the agreed price by a reasonable amount, but by no more than 10%.
Prices may also be adjusted where the guest subsequently requests changes to the number of Apartments booked, the services to be provided by MW Hotels or the length of stay, and MW Hotels agrees to those changes. Any such amendment must be made in text form.
Any facility offered during the booking process for the guest to submit non-contractual special requests is provided for convenience only. Such requests are non-binding unless expressly confirmed by MW Hotels in text form.
The payment method provided by the guest will be charged no later than three days before arrival. For long stays of more than one month (29 days or more), only the amount due for the first month will initially be charged. Payment for each subsequent month will be charged no later than seven days after the end of the preceding month. MW Hotels may declare accrued amounts due at any time and require immediate payment. In the event of late payment, MW Hotels may charge statutory default interest pursuant to section 288 of the German Civil Code (BGB), without prejudice to its right to prove a higher loss.
A reminder fee of EUR 5.00 will be charged for each reminder issued after the guest is in default. The guest may prove that no costs were incurred or that the costs were substantially lower.
MW Hotels may require a reasonable advance payment or security deposit when the contract is concluded or at a later date. The amount and due dates may be agreed in writing. If a payment deadline is not met, MW Hotels may apply the security deposit towards the agreed charges, including by charging the card provided by the guest.
The guest may set off claims against MW Hotels only where such claims are undisputed or have been finally adjudicated.

§4 No-Smoking Policy, Pets, Use Of The Premises, Access And Visitors

All MW Hotels Apartments are non-smoking accommodation. Smoking in the Apartments is prohibited; this also applies to electronic cigarettes and similar products. In the event of a culpable breach, MW Hotels may terminate the accommodation agreement for cause. The guest shall reimburse the actual, necessary and documented costs of specialist cleaning and odour removal, any resulting loss of occupancy, and any costs caused by the culpable activation of the fire alarm system.
Pets may be brought onto the premises only with the prior consent of MW Hotels. Guests must notify MW Hotels in advance if they wish to bring a pet. Consent is given on condition that the animal remains under the guest’s supervision, is free from disease and does not pose a risk to other guests or staff. The contracting party or guest bringing the animal must hold pet owner’s liability insurance, or personal liability insurance, covering damage caused by the animal, and must provide evidence of cover upon request.
A fee of EUR 15.00 per pet per night applies. Recognised assistance dogs are exempt and may stay free of charge upon presentation of suitable evidence.
The Apartments and guest-only areas may be used solely by the guests named in the booking and properly registered. Visitors may enter the building or an Apartment only after prior registration with, and express authorisation by, MW Hotels. A visitor may stay overnight only after the booking has been amended and the visitor registered as an additional guest. MW Hotels may refuse authorisation on objective grounds, in particular for reasons relating to safety, capacity or hotel operations.
Keys, room cards, access codes and other access credentials must not be passed on to third parties. Guests must not allow any other person uncontrolled access to the building or an Apartment.
The Apartments may be used solely for the accommodation purpose agreed in the contract. In particular, subletting, onward letting, commercial or business use, and the solicitation, arrangement or provision of sexual services are prohibited.
MW Hotels may verify the booking and access entitlement of guests and visitors according to consistent, non-discriminatory criteria. Upon request, suitable proof of identity or access entitlement must be presented where this is necessary to verify the booking, safeguard hotel operations or exercise the hotel’s right to control access to the premises.
In the event of a serious or repeated breach, MW Hotels may refuse access, deactivate access credentials, remove visitors or guests from the premises and terminate the accommodation agreement for cause. Statutory claims for payment, damages and injunctive relief remain unaffected.

§5 Availability, Handover And Return Of The Apartment

The guest has no entitlement to a particular Apartment.
Booked Apartments are available from 4:00 p.m. on the agreed arrival date.
On the agreed departure date, the Apartment must be vacated and returned to MW Hotels by 11:00 a.m. If it is returned late, MW Hotels may charge compensation for continued use as follows:
80% of the standard daily rate (list price) if the Apartment is vacated by 2:00 p.m.; 100% of the standard daily rate if it has not been vacated by 4:00 p.m. This does not give the guest any contractual right to continued use. The guest may prove that MW Hotels suffered no loss or a substantially lower loss; MW Hotels may prove a higher loss. If the Apartment has been re-let for the departure date, MW Hotels may clear the Apartment and store the guest’s personal belongings securely. The belongings will be released once the compensation for continued use has been paid.
The Apartment must be returned in the condition in which it was provided. Guests must remove all personal belongings and dispose of any food and waste in the designated containers. Where the guest is responsible for a breach of these obligations, the guest shall reimburse the actual, necessary and documented additional cleaning or disposal costs.
MW Hotels Apartments may be booked for a maximum continuous period of 182 days.

§6 Cancellation By The Guest And Failure To Use The Agreed Services (No-Show)

If the guest cancels or fails to arrive on the agreed arrival date, MW Hotels may re-let the unused Apartment and record the booking as a no-show.
The guest may withdraw from the contract only where a contractual cancellation right has been expressly agreed, a statutory right of withdrawal or termination applies, or MW Hotels expressly agrees to cancel the contract. Any contractual cancellation right and any agreement by MW Hotels to cancel the contract must be recorded in text form.
The following cancellation terms apply:
Cancellation is free of charge until three days before arrival. For cancellations made within three days of arrival, a cancellation charge of 100% applies.
For these purposes, arrival is deemed to be at 4:00 p.m. on the booked arrival date. The same cancellation terms apply where the guest departs early after check-in.
Once any agreed cancellation right has expired, and provided no statutory right of withdrawal or termination applies and MW Hotels does not agree to cancel the contract, MW Hotels retains its claim to the agreed payment even if the guest does not use the services.
Bookings of more than five Apartments are subject to separate payment and cancellation terms set out in the relevant agreement. Different cancellation deadlines may apply during trade fairs and special events; these will be displayed during the booking process and in the booking confirmation.

§7 Cancellation Or Termination By Mw Hotels

Where the guest has been granted a right to cancel free of charge within a specified period, MW Hotels may also cancel during that period if other customers request the booked Apartments and the guest, after being contacted by MW Hotels and given a reasonable deadline, does not waive the cancellation right.
If an advance payment or security deposit agreed or requested under section 3(9) is not paid after expiry of a reasonable additional period set by MW Hotels, MW Hotels may cancel the contract.
MW Hotels may also cancel or terminate the contract for objectively justified reasons, including where:
(a) force majeure or other circumstances beyond the control of MW Hotels make performance impossible;
(b) the Apartment was booked using misleading or incorrect information concerning material facts, including the identity of the guest or the purpose of the stay;
(c) MW Hotels has reasonable grounds to believe that use of the Apartment presents a specific risk to the peace of the premises, safety, proper hotel operations or the legitimate interests of other guests, staff or neighbours, and the cause lies outside the sphere of control or organisation of MW Hotels.
MW Hotels shall notify the guest without undue delay if it exercises a right of cancellation or termination.
Where MW Hotels validly cancels or terminates the contract, the guest shall have no claim for damages.

§8 Loss Of Or Damage To Property Brought Onto The Premises

MW Hotels is liable for property brought onto the premises in accordance with the applicable statutory provisions, in particular sections 701 et seq. of the German Civil Code (BGB).

§9 Technical Equipment And Connections

Guests may use their own electrical equipment only if it is in safe working order and suitable for its intended purpose. Guests are liable under the statutory provisions for damage or disruption culpably caused through the use of their equipment. This does not affect the liability of MW Hotels for any loss for which it is responsible.
The internet connection provided by MW Hotels may be used only in accordance with applicable law. In particular, unlawful file sharing and the unauthorised uploading, downloading, reproduction or distribution of copyright-protected material are prohibited. The guest is liable under the statutory provisions for culpably caused damage and necessary expenses incurred by MW Hotels or third parties as a result of an infringement attributable to the guest.

§10 Access To The Apartment By Mw Hotels

MW Hotels and persons authorised by it may enter the Apartment for the agreed weekly cleaning and change of linen.
Where repairs, maintenance, safety inspections or meter readings are required, access will normally be notified in reasonable time and take place at an appropriate time of day. Due consideration will be given to the guest’s legitimate interests.
In an emergency, to avert a specific risk to persons or substantial property damage, or where there is a specific suspicion of a serious breach of the accommodation agreement or the House and Access Rules, MW Hotels may enter the Apartment without the guest’s prior consent to the extent necessary and proportionate in the circumstances.

§11 Guest’S Duty Of Care And Liability For Damage

The guest must treat the Apartment, its contents and all communal facilities with due care and take reasonable steps to prevent damage. In particular, excessive soiling must be avoided, waste must be disposed of regularly and properly, and the Apartment must be kept sufficiently tidy to allow agreed weekly cleaning during long stays and to maintain a clean and hygienic condition using standard cleaning procedures. MW Hotels may charge the full additional cleaning costs resulting from excessive soiling or disorder. If the guest fails to comply after receiving notice in text form, MW Hotels may terminate the accommodation agreement for cause.
Under the statutory provisions, the guest is liable for damage to the building, Apartment, inventory or other facilities culpably caused by the guest, accompanying guests, visitors or other persons attributable to the guest’s sphere of responsibility. This includes necessary expenses incurred by MW Hotels as a result of culpable misuse, in particular the documented cost of a fire brigade call-out caused by the culpable activation of the fire alarm system.
An inventory list is provided in each Apartment. The guest must check it for completeness and notify MW Hotels without undue delay of any discrepancy. Items missing when the Apartment is vacated must be reimbursed at their current value.
MW Hotels may deduct from the security deposit provided under section 3(9) the cost of repairing damage culpably caused by the guest, occupants or visitors. Before doing so, MW Hotels will determine the repair cost by obtaining an estimate from a qualified contractor.
The guest must take all reasonable steps to help remedy any disruption and minimise potential loss.

§12 Liability Of Mw Hotels

MW Hotels is liable for loss arising from injury to life, limb or health for which it is responsible, and for other loss resulting from an intentional or grossly negligent breach of duty by MW Hotels or from an intentional or negligent breach of a material contractual duty. A breach by a legal representative or vicarious agent of MW Hotels is treated in the same way. Further claims for damages are excluded unless otherwise provided in this section 12.
The provision of a parking space on hotel premises, whether free of charge or for a fee, does not constitute a contract of safekeeping. MW Hotels is liable for the loss of or damage to vehicles, bicycles or their contents parked or manoeuvred on the premises only in accordance with paragraph 1 above.
Messages, post and deliveries for guests will be handled with reasonable care. MW Hotels may receive and hold them and, at the guest’s request and expense, forward them. Paragraph 1 above applies accordingly. No contract of safekeeping is created.

§13 Final Provisions And House Rules

The language of the contract is German. This English version is provided for information and ease of understanding. In the event of any discrepancy, the German version shall prevail, subject to any mandatory consumer protection provisions.
The House and Access Rules incorporated into the accommodation agreement at the time of booking also apply. The applicable document is the House and Access Rules, version 4.0, dated 1 April 2026. It is made available to the guest in a reasonable manner before the booking is completed and can be accessed on the MW Hotels website.
Amendments and additions to the accommodation agreement should be made in text form. Individually negotiated terms between MW Hotels and the guest take precedence over these General Terms and Conditions pursuant to section 305b BGB. Mandatory formal requirements and the precedence of individually negotiated terms remain unaffected. Unilateral amendments or additions by the guest are ineffective.
The place of performance and payment is the registered office of MW Hotels. Where the guest is a merchant, the exclusive place of jurisdiction - including for disputes relating to cheques and bills of exchange - is the registered office of MW Hotels. Where a contracting party meets the requirements of section 38(2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the courts at the registered office of MW Hotels shall have jurisdiction.
German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. If the guest is a consumer habitually resident in another country, any mandatory consumer protection provisions of that country which cannot be derogated from by agreement remain unaffected.
If any provision of these General Terms and Conditions or of the accommodation agreement is or becomes invalid or void, the remaining provisions remain effective. The invalid or void provision shall be replaced by the applicable statutory provisions.
MW Hotels GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.

office@mw-hotels.deMW Hotels GmbH • Managing Director: Michael Wagner • Stühlingerstraße 21 • 79106 Freiburg, Germany
Local Court of Freiburg (HRB 713488) • Registered office: Freiburg im Breisgau • VAT ID: DE312280876
Email: office@mw-hotels.de • Telephone: +49 761 600466-0