Terms of service

§ 1 Scope of Application

  1. These Terms and Conditions apply to all contracts and legal relationships between Alloggia Apartments GmbH, Porta Westfalica (hereinafter “Alloggia”), and its customers and contractual partners in connection with the brokerage/arrangement of accommodation.
  2. Alloggia’s services are directed both at entrepreneurs within the meaning of § 14 German Civil Code (BGB) (in particular companies, self-employed persons, project staff) and at consumers within the meaning of § 13 BGB (in particular private individuals in transitional or exceptional situations).
  3. Any deviating terms and conditions of the user shall not apply unless Alloggia expressly agrees to their validity in writing.

§ 2 Role of Alloggia

  1. Alloggia operates an online platform for the brokerage/arrangement of furnished apartments and temporary accommodation.
  2. Alloggia acts exclusively as an intermediary and as a messenger for declarations (Erklärungsbote) in the name of and for the account of the respective landlord/provider. Alloggia does not become a party to the accommodation or rental agreements concluded.
  3. In particular, Alloggia does not owe any services of its own arising from the arranged contracts and assumes no warranty for their proper performance.
  4. Responsibility for the condition, furnishings, availability and legal permissibility of the accommodation lies solely with the respective landlord/provider.

§ 3 Conclusion of Contract

  1. Users may submit booking requests for accommodation via the platform.
  2. For short-term and medium-term stays, the contract is generally concluded by means of a booking confirmation prepared by Alloggia in the name of the landlord/provider, which constitutes an accommodation agreement. The relevant provisions of hotel and accommodation law apply in this respect.
  3. For longer stays, a written fixed-term rental agreement for furnished residential accommodation may additionally or alternatively be concluded. In this case, the provisions of German tenancy law apply.
  4. In all cases, the respective contract is concluded exclusively between the user and the landlord/provider. Alloggia acts solely as an intermediary and messenger for declarations and does not become a contracting party.
  5. Fixed-term rental agreements are concluded exclusively for temporary use. Statutory protection against termination pursuant to § 549 (2) no. 1 BGB does not apply.

§ 4 Prices, Payment and Security Deposit

  1. The prices stated on the platform are final prices and refer to the respective fee for the stay or the rent for the use of the accommodation. The prices may include – where indicated – ancillary costs or flat-rate operating costs. Local taxes, duties or other official charges may be levied additionally by the landlord/provider.
  2. Payment of the agreed rent or overnight price is made directly to the landlord/provider or via payment services provided by Alloggia. Alloggia does not charge the user a service fee.
  3. Alloggia’s brokerage commission is agreed separately exclusively with the respective landlords/providers and becomes due after receipt of payment by the landlord/provider.
  4. The landlord/provider is entitled to request a reasonable security deposit upon handover of the accommodation.

§ 5 Cancellation and Non-Utilization

  1. Cancellation conditions are governed exclusively by the agreements between the user and the landlord/provider.
  2. In the event of non-utilization, the user remains obliged to pay the agreed price less any saved expenses.
  3. Consumers do not have a right of withdrawal, as the arranged services constitute contracts for the provision of accommodation services for a specific period of time (§ 312g (2) no. 9 BGB).

§ 6 House Rules and Users’ Duties of Care

  1. The house rules applicable to the accommodation are binding on the user and will be provided on site or as part of the booking documents. Violations of the house rules may justify immediate termination of the rental or accommodation agreement by the landlord/provider.
  2. The user undertakes to treat the accommodation with due care and to notify the landlord/provider without undue delay of any damage or defects.
  3. The user is liable for any damage culpably caused by the user in accordance with statutory provisions, in particular pursuant to §§ 280, 823 BGB.
  4. A reduction of the agreed remuneration is excluded if the user does not notify existing defects without undue delay.

§ 7 Landlords’ Obligations / Quality Guidelines

  1. Landlords/providers are obliged to keep their listings on the platform complete, up to date and truthful at all times.
  2. Where required by law, landlords/providers must provide evidence of an official permit or registration number. Without such evidence, Alloggia is entitled not to publish or to deactivate the listing.
  3. Landlords/providers undertake to comply with the Quality Guidelines published on the platform for furnished temporary apartments. The Quality Guidelines constitute binding minimum requirements for furnishings, condition, cleanliness and usability of the accommodation and form part of the brokerage relationship.
  4. In the event of violations of the Quality Guidelines, Alloggia is entitled to block or remove listings or to terminate the brokerage relationship with the landlord/provider without notice.

§ 8 Use of the Platform

  1. The platform may only be used in compliance with applicable laws and these Terms and Conditions.
  2. Automated access, scraping, disclosure of data or any other misuse is prohibited.

§ 9 Technical Availability

Alloggia does not guarantee uninterrupted availability of the platform at all times. Maintenance work, security updates or technical disruptions may lead to temporary restrictions.

§ 10 Liability of Alloggia

  1. Towards entrepreneurs, Alloggia is liable only in cases of intent and gross negligence.
  2. Towards consumers, Alloggia is also liable for simple negligence in the event of a breach of essential contractual obligations, however limited to the foreseeable damage typical for this type of contract.
  3. Alloggia is not liable for damages in connection with the accommodation, in particular not for defects, failures, theft or personal belongings.
  4. Alloggia is not liable for loss of profit, project delays or indirect damages.

§11 Data Protection

Personal data is processed in accordance with the GDPR. Details are set out in the separate Privacy Policy on the platform.

§12 Amendments to the Terms and Conditions

Alloggia is entitled to amend these Terms and Conditions in the event of legal, technical or operational changes. Users will be informed of amendments and such amendments shall be deemed approved unless objected to within 14 days.

§ 13 Term and Termination

The user agreement is concluded for an indefinite term and may be terminated by either party at any time with 14 days’ notice.

§ 14 Set-off / Right of Retention

Set-off is permitted only with claims that are undisputed or have been finally adjudicated.

§ 15 Severability Clause

Should individual provisions of these Terms and Conditions be wholly or partially invalid or unenforceable or become so, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, such valid provision shall apply as comes closest to the economic purpose of the invalid or unenforceable provision. The same shall apply to any contractual gaps.

§ 16 Online Dispute Resolution

The European Commission provides a platform for Online Dispute Resolution (ODR). Alloggia is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 17 Choice of Law and Jurisdiction

  1. German law shall apply.
  2. For entrepreneurs, the place of jurisdiction is Minden (Westphalia).
  3. For consumers, the statutory place of jurisdiction applies.

 

Porta Westfalica, 27 January 2026

Alloggia Apartments GmbH

Terms and Conditions Version 1.1 dated 27 January 2026

Alexander Klein