(Version: August 2022)

Please note:

The English version is a courtesy translation only. The German version is binding.

§1 Scope

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

• theBASE Munich ONE GmbH, c/o Mindspace, Friedrichstrasse 68, 10117 Berlin (“the-BASE”) as the operator of the co-living complex at Schätzweg 1-3, 80935 Munich

–hereinafter referred to individually and collectively as "The Base"–

for the accommodation and all other services provided to the customer in this context. The Base 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.

§2 Conclusion of contract

Offers from The Base 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 The Base corresponding to the booking request. 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 The Base with the customer.

§3 Subletting, Transfer of Use

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 The Base's consent. In these cases, The Base is entitled to charge a higher fee.

§4 Security deposit

The Base is entitled to request an appropriate advance payment or security deposit upon conclusion of the contract or during the ongoing contractual relationship. The amount and due date of the security deposit are stated in the booking confirmation.

The customer is obliged to make the advance payment or security deposit stated in the booking confirmation by bank transfer before the apartment is made available.

§5 Handover, Return

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, The Base 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 The Base. Until 3:00 p.m. The Base 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 like 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 The Base 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.

§6 Charges

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 local value added tax. For private stays, the local tourism tax needs to 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, The Base is allowed to increase the contractually agreed fee by up to 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 apartment by 10% or more.

In the event of changes to the agreed services after conclusion of the contract, such as number of residents, length of stay or similar, The Base is allowed to adjust the charges in accordance with the then applicable user fees.

§7 Offsetting, retention, reduction, assignment

The Customer is entitled to offset, withhold or reduce payment only in the case of undisputed or claims against The Base that are undisputed or have been legally established. An assignment of claims of the customer to third parties is excluded.

§8 Payment

For short-term stays the payment has to be made no later than on the date of arrival.

For long-term stays of more than one month (30 days), only the amount for the first month rent must be paid immediately after receiving the booking confirmation. The amount for the following month is due at the latest on the last working day of the previous month.

The Base is authorised to charge costs at any time. In case of default in payment, The Base will charge the statutory default interest. For each payment reminder we charge EUR 5,00. The Base is allowed to charge incurred extra costs to the tenant. E.g., fees for chargeback. In addition,

The Base may deny access to the apartment in case of default of payment.

§9 Cancellation by the customer

In case of cancellation or no-show, the cancellation conditions stated in the booking confirmation apply.

In case of early departure after check-in no refund for all booked services will be given.

The cancellation must be made in writing, e.g., to [email protected].

For cancelled apartments, The Base will grant a price reduction of the cancellation fee if a new tenant can be found. If the apartments are not rented, the customer is obliged to pay 90% of the contractually agreed fee for the use of the apartment. The customer may prove that The Base has suffered no or less damage.

§10 Cancellation by The Base

If The Base and the Customer have agreed on a period of time for the cancellation free of charge of the contract, The Base is also entitled to withdraw from the accommodation contract within this period if booking requests from other customers exist and the customer does not waive in writing the right to cancel the booking free of charge.

Termination by The Base is always permitted if an agreed advance payment or deposit has not been made after a reminder has been sent and a deadline set.

§11 Termination

The Base 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, the customer uses the apartment and/or services by providing false facts or personal data, repeatedly or permanently disrupts the contractual relationship through his behaviour or acts contrary to the provisions of § 3.

§12 Liability, Warranty

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 The Base, 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 course of the usage relationship, the customer can only demand compensation if the damage is due to a grossly negligent or intentional breach of duty by The Base, its legal representative or its vicarious agents.

The Base is only liable for damages to the customer due to accidents in connection with the use of the elevators, disruptions, interruptions in elevator operation, the electricity, water, hot water and heat supply if this is the result of an intentional or gross act negligent breach of duty by The Base, its legal representatives or vicarious agents.

If disruptions or interruptions are caused by a utility, the customer's claims are limited to the assignment of The Base's claims against the utility in question.

The limitations of liability do not apply to injury to life, limb or health resulting from a negligent breach of duty by The Base or a negligent or intentional act by The Base's legal representative or its vicarious agents. The Base 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 a hundred times the price of the apartment per day, but no less than EUR 600.00 and no more than EUR 3,500.00; for money, securities and valuables, the amount of 800.00 euros takes the place of 3,500.00 euros. Liability is unlimited if The Base or its vicarious agents are responsible for the loss, destruction or damage through gross negligence or wilful intent; if it is a matter of personal belongings which The Base has accepted for safekeeping or whose acceptance The Base has refused to take in contravention of Section 702, Paragraph 3 of the German Civil Code.

Lost & found items will only be forwarded at the customer's request, risk and expense. The Base only undertakes to store such items for up to six months.  

§13 Liability and obligations of the customer

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 The Base in particular for negligent or intentional damage or destruction of furnishings, damage caused by water, damage caused by the unsupervised operation of electronic devices.

Subject to a subsequent settlement, the customer is obliged to pay an amount of EUR 2,500.00 in advance for damage caused by the unjustified triggering of fire alarms. The customer may prove that The Base has suffered no damage or less damage.

Optical or other changes to the apartment are not permitted. Fees can be found in the catalog of fees.

§14 Final Provisions

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 ineffective or unenforceable or become ineffective or unenforceable after conclusion of the contract, 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 with the invalid or unenforceable provision. This also applies in the event that the contract proves to be incomplete.

Terms and Conditions for using our "TheBase Coliving" app are available here.