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Legal
Last updated: Version January 2025
The following terms and conditions apply to contracts for the rental of apartments of theBASE Berlin ONE GmbH & Co. KG, c/o Mindspace, Friedrichstrasse 68, 10117 Berlin, as the operator of the co-living complex at Pestalozzistrasse 5-8, 13187 Berlin, and theBASE Munich ONE GmbH, c/o Mindspace, Friedrichstrasse 68, 10117 Berlin ("theBASE"), as the operator of the co-living complex at Schätzweg 1-3, 80935 Munich — hereinafter referred to individually and collectively as "theBASE" — for the accommodation and all other services provided to the customer in this context.
theBASE is also entitled to provide services through third parties. The customer's terms and conditions only apply if this has been expressly agreed in writing beforehand.
Offers from theBASE are subject to change and non-binding until signature of the contract. The accommodation contract is concluded through the booking request of the customer as well as a booking confirmation from theBASE corresponding to the booking request, or, if a booking confirmation cannot be issued due to time constraints, through the provision of the apartment.
The booking confirmation is issued in text form. If a third party makes the booking for the customer, they are jointly and severally liable to theBASE together with the customer.
Subletting or transfer of use of the apartment to third parties, or use for purposes other than those contractually agreed, is not permitted.
Occupancy of the apartments with additional people requires theBASE's consent. In this case, theBASE is entitled to charge a higher fee.
theBASE is entitled to request an appropriate advance payment or security deposit upon conclusion of the contract or during the ongoing contractual relationship, provided this is explicitly stated in the booking confirmation. The amount and due date of the security deposit are specified in the booking confirmation.
If no security deposit is required, theBASE is entitled to use the payment method provided by the customer to settle any compensation claims arising in connection with the booking or the stay. The customer is obliged to make an advance payment or security deposit agreed upon in the booking confirmation before the apartment is made available.
The apartment is available to the customer on the day of arrival from 3 p.m. local time. The customer has no right to be provided with a specific apartment. In the event of prevention, theBASE is entitled to provide the customer with an equivalent apartment, also in another property. The customer is obliged to provide identification digitally in advance during the booking process, but at the latest upon arrival, and to fill out and sign the official registration form with the necessary and correct personal information.
After the agreed period of use has expired, the apartment must be vacated by 11:00 a.m. on the day of departure at the latest and returned in the contractual condition. Any use beyond this timeframe requires the prior written approval of theBASE. Until 3:00 p.m. theBASE will charge 50% of the fee applicable on the day of departure, and after 3:00 p.m. 100% of the fee applicable on the day of departure plus any additional costs such as alternative hotel accommodation for a customer who has already booked the apartment. The customer is obliged to pay this additional fee unless the customer proves that theBASE has suffered no or lower damage.
Upon return, all keys and/or keycards handed over at the beginning of the contract of use must be returned. An extension of the user relationship for an indefinite period of time by continuing use after the agreed end of use is expressly rejected.
The customer is obliged to pay the contractually agreed fee for the use of the apartment and for confirmed additional services. The fees to be paid result from the booking confirmation. The agreed fee includes the applicable local value added tax. For private stays, the local tourism tax must additionally be paid according to city regulations.
If the period between the conclusion of the contract and the end of the contract exceeds four months and the costs for the agreed services increase during this period, theBASE is allowed to increase the contractually agreed fee appropriately, but by no more than 10%. The same applies if the customer makes above-average use of utilities such as electricity or hot water. Above-average is defined as exceeding the average use of all apartments by 10% or more.
In the event of changes to the agreed services after conclusion of the contract, such as the number of residents, length of stay or similar, theBASE is allowed to adjust the charges in accordance with the then applicable user fees.
The customer is entitled to offset, withhold or reduce payment only in the case of claims against theBASE that are undisputed or have been legally established. An assignment of claims of the customer to third parties is excluded.
For short-term stays, payment via the payment method provided with the booking is due no later than on the day of arrival. For long-term stays of more than one month (from 30 days), only the amount for the first month's rent is due immediately upon receipt of the booking confirmation. The amount for the following month is due at the latest on the last working day of the previous month. theBASE is authorized to render costs due by invoice at any time.
In case of default in payment, theBASE will charge the statutory default interest. For each payment reminder we charge EUR 5.00. theBASE is entitled to charge the customer with additional costs incurred, for example fees for chargebacks. Furthermore, theBASE may deny access to the apartment in the event of default of payment.
In the case of cancellation or no-show, the cancellation conditions stated in the booking confirmation apply, unless cancellation free of charge has been agreed. In case of early departure after check-in, no refund for any booked services will be given. The cancellation must be made in text form, e.g. by email to reservations@jointhebase.co.
For apartments that theBASE was able to rent to another party, the income from the alternative rental and any saved expenses will be credited to the customer. If the apartments are not rented otherwise, theBASE is free to apply a lump sum for saved expenses. The customer is then obliged to pay 90% of the contractually agreed fee for the use of the apartment. The customer may prove that theBASE has suffered no or less damage.
If theBASE and the customer have agreed on a period of time for cancellation of the contract free of charge, theBASE is also entitled to withdraw from the accommodation contract within this period if booking requests from other customers for the booked apartment exist and the customer, upon express request in text form, does not likewise waive in text form the right to a free cancellation of the booking. theBASE is furthermore entitled to withdraw from the accommodation contract if the customer fails to make an agreed advance payment or security deposit after a reminder and a set deadline.
theBASE is entitled to extraordinarily terminate the user relationship for important reasons without notice. An important reason exists in particular if the customer is in arrears with the payment of the contractually agreed fee and/or security deposit or advance payment; if the customer uses the apartment and/or services by providing false facts or personal data; if the customer repeatedly or permanently disrupts the contractual relationship through their behaviour; or if the customer acts contrary to the provisions of § 3.
If the contractually agreed apartment or additional services are not available in full or in part at the agreed time, or if the user is completely or partially denied use during the contract period, the customer can only claim damages if theBASE, its legal representative or vicarious agent is responsible for the lack of timeliness of the handover or the withdrawal of the possibility of use intentionally or through gross negligence. Other warranty rights of the customer, such as the right to terminate the contract, remain unaffected.
If there is a defect in the apartment at the beginning of the usage relationship, or if it arises during the usage relationship, the customer can only demand compensation if the damage is due to a grossly negligent or intentional breach of duty by theBASE, its legal representative or its vicarious agents. theBASE is only liable for damages in connection with the use of the elevators, or for disruptions or interruptions of elevator operation and of the electricity, water, hot-water and heat supply, if these are the result of an intentional or grossly negligent breach of duty by theBASE, its legal representatives or vicarious agents. Where disruptions or interruptions are caused by a utility provider, the customer's claims are limited to the assignment of theBASE's claims against the utility provider in question.
The limitations of liability do not apply to injury to life, limb or health resulting from a negligent breach of duty by theBASE, or from a negligent or intentional act by theBASE's legal representative or its vicarious agents. theBASE is liable to the customer for personal belongings in accordance with the statutory provisions, § 701 et seq. BGB. In the event of damage or loss, liability is limited to one hundred times the price of the apartment per day, but no less than EUR 600 and no more than EUR 3,500; for money, securities and valuables, the amount of EUR 800 takes the place of EUR 3,500. Liability is unlimited where theBASE or its vicarious agents caused the loss, destruction or damage through gross negligence or wilful intent, or where personal belongings were accepted by theBASE for safekeeping or theBASE refused their acceptance contrary to § 702 (3) BGB. Lost & found items will only be forwarded at the customer's request, risk and expense. theBASE undertakes to store such items for up to six months only.
The customer is obliged to report any defects in the apartment immediately. Pets and smoking in the apartment are not allowed. The customer is obliged to treat the apartment and all premises and facilities of the property with care. The customer is liable to theBASE in particular for negligent or intentional damage to or destruction of furnishings, for damage caused by water, and for damage caused by the unsupervised operation of electronic devices.
Subject to a subsequent settlement, the customer is obliged to pay an amount of EUR 2,500 in advance for damages caused by the unjustified triggering of fire alarms. The customer may prove that theBASE has suffered no or lower damage. Optical or other changes to the apartment are not permitted. Further fees can be found in the schedule of fees.
Changes or additions to the aforementioned conditions must be made in writing. This also applies to a waiver of the written-form requirement. Place of performance, fulfilment and jurisdiction is Berlin.
Should any of the above provisions be or become ineffective or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties. This also applies in the event that the contract proves to be incomplete.
Please note: the English version is a courtesy translation only. The German version is binding.
The customer is liable to pay the following fees for the relevant damage/replacement service. The list below is non-exhaustive and serves as guidance. All damages caused by the resident and any other costs incurred are invoiced to the resident according to regulation. If actual costs are higher than listed in this catalog, they will be charged in full.
theBASE is entitled to use both any security deposit and the payment method provided by the resident to cover damages or costs incurred.