General Terms and Conditions (GTC)
§ 1 Scope of Application
(1) These General Terms and Conditions ("GTC") of Katsimenis & Bestschastny GbR, Alt Vorst 10, 41564 Kaarst, Germany (hereinafter "CrewStay") apply to all contracts concluded between CrewStay and commercial clients (hereinafter "Client") for the brokerage or provision of accommodation (in particular worker rooms and worker apartments). (2) These GTC apply exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). Contracts with consumers within the meaning of § 13 BGB are excluded. (3) Conflicting or deviating terms and conditions of the Client shall not be recognised unless CrewStay has expressly agreed to their application in writing.
§ 2 Description of Services
(1) CrewStay provides one of the following services depending on the agreement: a) Brokerage service: CrewStay acts as an intermediary between the Client and suitable accommodation providers. CrewStay acts as a broker and does not itself conclude any rental agreement. The contract is concluded directly between the Client and the landlord. b) Subletting: CrewStay rents accommodation from landlords and sublets it to the Client. In this case, CrewStay is the contractual partner of the Client. (2) The applicable model will be explicitly stated in the respective offer. (3) The scope of services stated in the respective offer is binding. Services such as final cleaning, Wi-Fi, bed linen, towels or parking spaces are only included in the price if explicitly listed in the offer. Services not mentioned are not part of the contract and may be charged separately. (4) CrewStay is entitled to engage third parties (in particular landlords and cooperation partners) to fulfil its services.
§ 3 Conclusion of Contract & Booking Process
(1) The Client's enquiry does not constitute a binding offer but an invitation to submit an offer. (2) After receiving the enquiry, CrewStay checks the availability of suitable accommodation and submits a written offer to the Client (by e-mail or equivalent means). (3) The contract is concluded when the Client confirms CrewStay's offer in writing (e-mail is sufficient) and CrewStay confirms the booking to the Client in writing. (4) CrewStay will only confirm the booking once availability with the landlord has been secured on a binding basis. Until then, the Client has no right to claim the requested accommodation.
§ 4 Prices & Payment
(1) The prices stated in the respective offer shall apply. All prices are net plus applicable statutory VAT, provided CrewStay is subject to VAT. (2) CrewStay offers the following payment models depending on the agreement: a) Full advance payment (100%): The total amount is due before check-in. The accommodation will only be bindingly reserved upon receipt of full payment. b) Split payment (50/50): 50% of the total amount is due upon booking confirmation; the remaining 50% is due no later than the day of check-in. (3) The applicable payment model will be stated in the offer. (4) In the event of late payment, CrewStay is entitled to charge default interest at a rate of 9 percentage points above the base interest rate pursuant to § 288(2) BGB and to cancel the booking.
§ 5 Cancellation & Termination
(1) Cancellations by the Client must be made in writing (e-mail is sufficient). (2) CrewStay generally handles cancellations on a goodwill basis and on a case-by-case approach. Relevant factors include the timing of the cancellation, costs already incurred with the landlord, and the possibility of re-letting. (3) CrewStay reserves the right to pass on costs already incurred (in particular cancellation fees charged by the landlord) to the Client. The Client will be informed of this without delay. (4) CrewStay is entitled to cancel a confirmed booking for good cause (e.g. force majeure, unavoidable loss of the accommodation). In such cases, CrewStay will refund all payments already made in full. Any further claims by the Client are excluded.
§ 6 Obligations of the Client
(1) The Client is obliged to treat the accommodation and its inventory with care and to return it in the condition found at the time of handover. (2) The Client is liable for all damages caused by themselves, their employees or any other persons brought in by them. This applies both towards CrewStay and towards the landlord. (3) In the subletting model, the Client is liable to CrewStay for all damages caused to CrewStay as a result of the conduct of the Client or persons brought in by the Client. (4) The Client is obliged to notify CrewStay without delay of the actual number of persons checking in and of any relevant changes (e.g. early departure). (5) Extension of stay: An extension of the booked period does not give rise to any right to continue occupying the accommodation. Requests for extension must be communicated to CrewStay as early as possible. CrewStay will check availability and, if confirmed, submit a new offer. An extension is only bindingly booked upon written confirmation by CrewStay and payment of the outstanding amount.
§ 7 Liability
(1) In the brokerage model, CrewStay is not a party to the rental agreement between the Client and the landlord. CrewStay is therefore not liable for the condition, equipment or availability of the brokered accommodation, unless CrewStay has negligently misrepresented the accommodation. (2) For damages to the accommodation caused by the Client or persons brought in by the Client, liability rests solely with the Client towards the landlord or towards CrewStay in the subletting model. (3) CrewStay's liability for slight negligence is excluded – except in cases of breach of material contractual obligations, damages arising from injury to life, body or health, and fraudulently concealed defects. (4) In the event of a breach of material contractual obligations through slight negligence, CrewStay's liability is limited to the foreseeable, contract-typical damage. (5) The above limitations of liability do not apply where CrewStay has fraudulently concealed a defect or has provided a guarantee.
§ 8 Data Protection
Personal data collected in the course of the business relationship will be processed exclusively for the purpose of contract fulfilment. For further details, please refer to our privacy policy at crewstay.de/datenschutz. crewstay.com/data-protection.
§ 9 Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). (2) The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with this contract is – to the extent permitted by law – Kaarst, Germany. (3) Should any individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be deemed replaced by a valid provision that most closely corresponds to the economic purpose of the invalid provision. (4) Amendments and additions to these GTC must be made in writing. This also applies to the waiver of the written form requirement itself.
Status: February 2026 - Katsimenis & Bestschastny GbR