Terms & cancellation

LOCADO’s general terms and conditions, version 2. The cancellation policy follows below. In case of doubt, the German version prevails (§ 2(6)).

§ 1 Scope and contracting party

(1) These terms and conditions apply to all contracts for the temporary provision of furnished apartments for accommodation purposes (accommodation contract) and to all related additional services between Gierschmann – Kochems GbR, trading under the brand “LOCADO”, Mühlenweg 21 A, 53619 Rheinbreitbach, Germany (“LOCADO”), and its guests.

(2) They apply in particular to direct bookings via the website www.locadostays.com, by email, by phone or via WhatsApp. For bookings via booking platforms (e.g. Airbnb, Booking.com), the terms of the respective platform, including its cancellation policy, take precedence; the provisions of these terms on house rules, guests’ obligations and liability apply in addition, unless the platform provides otherwise.

(3) Participation in the customer programme “LOCADO Regular” is also subject to the terms of participation of LOCADO Regular. For bookings, these terms and conditions take precedence.

(4) Terms of the guest that deviate from these terms only become part of the contract if LOCADO has expressly agreed to them in text form.

(5) The apartments are provided for accommodation purposes only. Subletting, re-letting and any commercial use (e.g. photo or film shoots, events) require LOCADO’s prior consent in text form.

§ 2 Conclusion of the contract

(1) The presentation of the apartments on the website does not constitute a binding offer.

(2) Before the booking is completed, the guest is shown a summary of the apartment, dates, number of guests, rate, total price and the applicable cancellation policy. By clicking the “Book and pay” button (on the German website “Zahlungspflichtig buchen”), the guest makes a binding offer to conclude an accommodation contract.

(3) The contract is concluded upon LOCADO’s booking confirmation. For online bookings, the confirmation is usually given immediately on the website; in addition, the guest receives a booking confirmation by email with the contract details, these terms and conditions and the cancellation policy.

(4) For bookings by email, by phone or via WhatsApp, the contract is concluded upon LOCADO’s booking confirmation in text form.

(5) The guest making the booking must be at least 18 years old. If they book for other people, they are responsible for those people’s compliance with the contractual obligations.

(6) The contract languages are German and English. In the event of any discrepancy, the German version prevails.

§ 3 No right of withdrawal

Under Section 312g(2) No. 9 of the German Civil Code (BGB), there is no statutory right of withdrawal for contracts for the provision of accommodation for purposes other than residential purposes that are concluded for a specific date or period. Cancellation is only possible in accordance with LOCADO’s cancellation policy.

§ 4 Prices and services

(1) The prices shown at the time of booking and stated in the booking confirmation apply. They are final prices and, unless stated otherwise, include final cleaning, bed linen, towels, electricity, heating, water and Wi-Fi.

(2) LOCADO is a small business within the meaning of Section 19 of the German VAT Act (UStG). VAT is therefore neither charged nor shown.

(3) Where a municipality charges an accommodation or overnight tax or a visitor levy, it is shown separately before booking and is payable by the guest.

(4) Additional services and requests for the stay (e.g. early check-in, late check-out, interim cleaning, cot) are only provided once confirmed by LOCADO and at the prices stated beforehand. Where third-party services are merely arranged, the contract for them is concluded with the respective provider; this will be pointed out expressly when the service is arranged.

(5) The direct booking benefit and benefits from LOCADO Regular apply to direct bookings only, cannot be paid out in cash and, unless stated otherwise, cannot be combined with each other. Their conditions are set out in the terms of participation of LOCADO Regular and are shown in the booking process before the booking is completed.

§ 5 Payment

(1) Payment is made using the payment methods offered on the website: credit or debit card, Apple Pay or Google Pay via the payment service provider Stripe. Payment by bank transfer is only possible for individual offers and for corporate clients.

(2) Due date: the total amount is due on booking.

(3) For payment by bank transfer, the amount must be received within 3 working days of the invoice date. If a payment that is due is not received despite a reminder with a reasonable grace period, LOCADO may withdraw from the contract and claim compensation in line with the cancellation policy.

(4) The invoice is sent electronically by email.

(5) Corporate clients (LOCADO for companies) may pay on account with an individually agreed payment term.

§ 6 Security deposit

LOCADO may require a security deposit of €100, provided as a pre-authorisation on the credit card or by bank transfer. The guest is informed of the deposit before booking. It is released or refunded within 7 days of departure, unless there is damage for which the guest is responsible or there are outstanding claims.

§ 7 Arrival and departure

(1) The apartment is available from 15:00 (3 pm) on the day of arrival and must be vacated and handed over by 11:00 (11 am) on the day of departure.

(2) Check-in is contactless. The guest receives the access details (e.g. smart lock code, key box) before arrival, once the amount due has been paid and the required guest details have been provided.

(3) Under the German Federal Registration Act (Bundesmeldegesetz), guests who are not German citizens must complete and sign a registration form on arrival (this can also be done digitally) and show identification on request.

(4) If the apartment is not vacated on time without prior agreement, LOCADO may claim compensation of €25 for each hour or part of an hour for the late return. The guest may prove that no loss or a significantly lower loss has occurred; further claims (e.g. where a follow-on booking is affected) remain reserved.

(5) In the event of late arrival or early departure, the agreed price remains payable. LOCADO credits any expenses saved and any income from re-letting the unused nights (Section 537(1) sentence 2 BGB).

§ 8 Guests’ obligations

(1) The apartment may be occupied by no more than the number of people stated in the property description. Over-occupancy requires LOCADO’s prior consent and may incur a surcharge.

(2) The guest undertakes to treat the apartment and its contents with care. Any damage must be reported to LOCADO without delay.

(3) Defects must be reported without delay so that LOCADO can remedy them (Section 536c BGB). If the guest culpably fails to report a defect, claims for a price reduction or damages may be excluded to that extent.

(4) If keys or other means of access are lost, the guest bears the cost of replacement or of any necessary exchange, provided they are responsible for the loss.

§ 9 House rules

Smoking is prohibited in all apartments, including e-cigarettes. In the event of a breach, a special cleaning fee of €300 may be charged; the guest may prove that the loss was lower.

Pets are only permitted by prior arrangement and for a surcharge (€30 per stay).

Parties and events are not permitted. Quiet hours apply from 22:00 to 6:00 (10 pm to 6 am); consideration for the neighbours is expected.

Waste must be separated in line with the instructions in the apartment.

When leaving the apartment, windows and doors must be closed. The instructions for operating doors, locking systems and appliances in the apartment must be followed.

§ 10 Property description and accessibility

(1) The property description at the time of booking is authoritative. Photos are for illustration; minor deviations in fittings and furnishings are reserved.

(2) Unless expressly stated otherwise, the apartments are not barrier-free. Information on accessibility (e.g. steps, floor) can be found in the respective property description. Guests with limited mobility or special requirements are asked to get in touch before booking.

§ 11 Termination and withdrawal by LOCADO

(1) LOCADO may terminate the contract without notice for good cause, in particular in the event of over-occupancy, parties or events, significant disturbance of the neighbours, wilful damage or false information given when booking. In this case, the claim to the agreed price remains, less any expenses saved and any income from re-letting.

(2) If providing the apartment becomes impossible for reasons for which LOCADO is not responsible (e.g. force majeure, official orders, water or fire damage), LOCADO may withdraw from the contract. Payments already made will be refunded in full. LOCADO will endeavour to offer equivalent alternative accommodation. Further claims exist only in accordance with § 12.

§ 12 Liability

(1) LOCADO has unlimited liability for intent and gross negligence, for injury to life, body or health, where a guarantee has been given and under the German Product Liability Act.

(2) In the event of a slightly negligent breach of essential contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the guest may regularly rely), liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.

(3) LOCADO does not warrant the constant availability of Wi-Fi, streaming services and similar third-party services; LOCADO will remedy faults within reasonable limits.

(4) The guest is liable for damage culpably caused by them, their fellow travellers or their visitors.

§ 13 Data protection

Information on how personal data is processed can be found in the privacy policy at https://locadostays.com/en/privacy/.

§ 14 Consumer dispute resolution

LOCADO is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

§ 15 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as it does not deprive them of the protection of mandatory provisions of the law of the country in which they have their habitual residence.

(2) If the guest is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is LOCADO’s registered office.

(3) Should individual provisions of these terms be invalid, the validity of the remaining provisions remains unaffected.

Cancellation policy

Version 2. Applies to direct bookings (website, email, phone, WhatsApp). Bookings made via Airbnb, Booking.com etc. follow the cancellation policy agreed on that platform. In case of doubt, the German version prevails.

1. General

There is no statutory right of withdrawal for accommodation booked for specific dates (Section 312g (2) No. 9 German Civil Code). LOCADO offers the following cancellation options depending on the rate booked. You choose the rate when booking, and the booking confirmation states it.

In this cancellation policy, the total price means the total price of the booking excluding the accommodation tax (terms § 4(3)); a pet fee is part of it. We refund the accommodation tax in full for any cancellation and for a no-show, on every rate.

2. Flex rate (standard)

Cancellation fee, as a share of the total price, depending on when you cancel:

• Up to 7 days before arrival: free of charge, full refund
• 6 to 2 days before arrival: 25% of the total price
• 1 day or less before arrival, or no-show: 50% of the total price

The fees already take account of expenses saved (e.g. final cleaning).

3. Saver rate (non-refundable)

10% cheaper than the Flex rate, paid in full at booking. The saving applies to the price of the nights including additional guests after the direct booking benefit, not to the pet fee. No free cancellation or changes: if you cancel or do not arrive, the total price is not refunded. If we manage to re-let the cancelled nights, we refund the revenue achieved, less costs incurred.

4. Long stays from 28 nights

Stays of 28 nights or more cannot be booked online, only by individual offer. Unless the offer provides otherwise:

• Up to 30 days before arrival: free of charge
• 29 to 14 days before arrival: 50% of the price of the first 28 nights
• 13 days or less before arrival, or no-show: 90% of the price of the first 28 nights

Early departure during a long stay is possible with 14 days’ notice in text form; the agreed price remains payable until the notice period ends.

5. Corporate clients (LOCADO for companies)

For company and framework agreements, the individually agreed terms apply; otherwise the Flex rate applies.

6. Changes

On the Flex rate, one free date change is possible up to 7 days before arrival, subject to availability. Price differences will be settled. Later changes are treated as a cancellation and a new booking. Please ask us for a change by email or via WhatsApp.

7. How to cancel

Please cancel in text form: via your guest account on the website (where you have one), by email to info@locadostays.com or via WhatsApp to +49 155 10603648. The time we receive your message is decisive. The periods are counted in days before the day of arrival (0:00 German time). Example: for arrival on 12 November, cancelling on the Flex rate is free of charge if we receive your cancellation by 23:59 German time on 5 November. The booking summary and the booking confirmation state the exact cut-off dates.

8. Proof of a lower loss, re-letting

You may always prove that we incurred no loss or a significantly lower loss. We will try to re-let cancelled periods; revenue from re-letting the cancelled nights will be credited to you.

9. Refunds

Refunds are made within 14 days to the original payment method. Amounts already due but not yet paid are offset against the cancellation fee.

10. Cancellation by LOCADO

If LOCADO has to cancel a booking (e.g. because the apartment cannot be used), you receive a full refund of all payments made, and we will try to offer you equivalent accommodation.

11. Recommendation

We recommend taking out travel cancellation insurance.