Terms of Service

Accommodation contract terms for short-stay bookings

Scope of these terms

These Terms of Service govern short-stay bookings (up to 180 consecutive days) at STACEY locations. Long-stay rentals (3 months or more) are governed by the separately-signed rental lease, not by these terms.

§1 Scope of Application

  1. These terms and conditions govern contracts for the rental of space for accommodation purposes ("Suites"), as well as all other services and supplies to the guest by Stacey Real Estate GmbH, Brooktorkai 7, 20457 Hamburg ("STACEY").
  2. These terms and conditions apply exclusively. The guest's own terms and conditions do not apply, irrespective of their content, unless STACEY has expressly acknowledged their application in advance in text form.
  3. The Suite is rented solely for use during the agreed accommodation period. Suites must be booked for leisure or business travel purposes and explicitly not for residential purposes.

§2 Conclusion of Contract, Parties, Minimum Age, Statute of Limitations

  1. By completing a booking, the guest submits an offer to conclude an accommodation contract. The contract is concluded when STACEY accepts the booking. Acceptance is effected by STACEY's booking confirmation in text form, or at the latest by provision of the Suite. STACEY may decline a booking at its reasonable discretion.
  2. The contracting parties are STACEY and the guest. If a third party has booked for the guest, that third party is liable to STACEY together with the guest as joint and several debtor (Gesamtschuldner) for all obligations arising from the accommodation contract. In this case the third party also becomes a contracting party and falls within the scope of these terms.
  3. The minimum age for a booking is 18 years. Minors may not stay in a Suite without an accompanying adult guardian.
  4. Subletting of the Suites, as well as their use for purposes other than accommodation, require STACEY's prior consent in text form. The same applies to use of the Suite by persons or visitors exceeding the number of persons foreseen in the contract.
  5. All claims against STACEY become time-barred one year after the commencement of the statutory limitation period. This does not apply to claims for damages or other claims based on injury to life, body or health, or on an intentional or grossly negligent breach of duty by STACEY.

§3 Services, Prices, Payment, Set-off

  1. STACEY is obliged to provide the Suites booked by the guest, or an equivalent replacement, and to render the services agreed upon.
  2. The guest is obliged to pay the prices applicable or agreed for the provision of the Suite and for any other services accepted by the guest and offered by STACEY. This also applies to services commissioned by the guest directly or via STACEY that are provided by third parties and disbursed by STACEY.
  3. The agreed prices are gross prices and include the applicable statutory value added tax ("VAT"). Should the applicable VAT rate change after conclusion of the contract, the prices will be adjusted accordingly. Local levies that the guest owes under applicable law, such as visitor's tax or tourism levies, are not included and are charged separately.
  4. If the period between conclusion of the contract and performance exceeds four months, and if the price generally charged by STACEY for the respective services increases, STACEY is entitled to increase the agreed price appropriately, but by no more than 10 %.
  5. STACEY may also adjust the applicable prices if, after booking, the guest wishes to change the number of Suites booked, the scope of services, or the length of stay, provided STACEY agrees to such changes. Changes must be made in text form.
  6. Where the guest is given the opportunity to indicate special, non-contractual requests during the booking process, these are non-binding for STACEY. The guest has no claim that the Suite complies with such requests unless STACEY has expressly confirmed this in text form.
  7. Unless otherwise agreed, the full price of the booked accommodation is payable in advance via the payment method selected during booking. The agreed day of arrival is deemed to begin at 4:00 p.m. on the booked arrival date. STACEY is entitled to call in accrued claims at any time and to demand immediate payment. In the event of default, STACEY is entitled to the applicable statutory default interest pursuant to §288 BGB. STACEY reserves the right to claim higher damages.
  8. EUR 3.00 will be charged for each payment reminder following the guest's default. The guest may prove that no such costs, or lower costs, were incurred.
  9. STACEY is entitled, upon conclusion of the contract or thereafter, to request an appropriate advance payment or security payment. The amount and the payment dates may be agreed in the contract. STACEY is then entitled, where the guest fails to meet payment dates, to satisfy its claims from the security payment, for example by charging the agreed remuneration to the guest's credit card.
  10. The guest may set off claims against STACEY only with claims that are undisputed or have been established with final, res judicata effect. The guest may exercise a right of retention only on the basis of claims arising from the same contractual relationship.
  11. In the event of payment default exceeding five calendar days after the due date, STACEY is entitled to terminate the accommodation contract with immediate effect and to require the guest to vacate the Suite without further notice. STACEY's right to claim damages and outstanding payment remains unaffected. The guest is not entitled to continued use of the Suite in such case.
  12. Where the guest initiates a chargeback or payment reversal in respect of amounts validly owed to STACEY, STACEY is entitled to charge the outstanding amount again immediately and to recover from the guest all bank, payment-processor and collection costs actually incurred as a result.

§4 Smoking Ban, Prohibited Substances, Pets, Visitors, Disturbance of the Peace

  1. The Suites are non-smoking. Smoking is prohibited in the Suites and in all common areas; this prohibition includes cigarettes, cigars, e-cigarettes, vaporizers, heated-tobacco devices, water pipes and comparable products. In the event of a violation STACEY is entitled to terminate the contract without notice. In addition, STACEY may carry out a special final cleaning where there is a smell of nicotine in the Suite; the costs of such cleaning amount to at least EUR 250.00 and are borne by the guest. The guest may prove that no such costs, or lower costs, were incurred. STACEY further reserves the right to charge the guest for any costs arising from the triggering of the fire alarm system as a result of a violation of the smoking ban.
  2. The consumption, storage, production, sale, distribution or disposal of illegal drugs, narcotics, drug-related paraphernalia, nitrous-oxide ("laughing gas") cartridges or comparable substances or waste is prohibited and constitutes use in breach of contract. §4 paragraph 1 sentences 3 to 5 apply accordingly.
  3. Keeping animals in the Suites is not permitted unless STACEY has granted prior consent in text form. Where a pet is kept without consent, STACEY may charge a special cleaning lump sum of EUR 150.00; the guest may prove that no such costs, or lower costs, were incurred, and STACEY may claim higher actual damages. Recognised assistance animals (e.g. guide dogs) are permitted free of charge upon presentation of appropriate evidence.
  4. The guest may use the Suite only within the contractually agreed scope, in particular only by the persons foreseen therein. Any overnight stay of visitors requires STACEY's prior consent in text form. In the event of a violation STACEY is entitled to charge the guest a lump sum of EUR 100.00 per night and per additional person and to terminate the accommodation contract with immediate effect. The guest may prove that no such damage, or lower damage, was incurred, and STACEY may claim higher actual damages.
  5. To ensure a respectful environment for all guests, any behaviour that disturbs the peace, causes excessive noise or creates disturbances for others is prohibited; this includes loud music, shouting and any disruptive behaviour. The organisation or hosting of parties is expressly forbidden. Quiet hours apply from 10:00 p.m. to 6:00 a.m. In the event of a violation STACEY may issue warnings, suspend or permanently revoke access to its services, and terminate the accommodation contract with immediate effect. STACEY may further charge a lump sum of EUR 250.00 per violation; the guest may prove that no such damage, or lower damage, was incurred, and STACEY may claim higher actual damages, including additional security, cleaning and repair costs and any loss of revenue resulting from the Suite being non-rentable.
  6. The community areas, including kitchens, lounges and shared spaces, must be used with consideration for other guests and left clean and tidy after use.

§5 Provision, Handover and Return, Maximum Stay

  1. The guest is not entitled to the provision of a specific Suite.
  2. Booked Suites are available to the guest from 4:00 p.m. on the agreed arrival day. The guest has no claim to earlier provision.
  3. On the agreed day of departure the Suite must be vacated and returned by no later than 11:00 a.m. For use beyond this time STACEY may claim compensation as follows: 80 % of the regular daily price (list price) if the Suite is returned by 6:00 p.m.; 100 % of the regular daily price if it is not returned by 6:00 p.m. This does not grant the guest any contractual claim to extended use. The guest may prove that STACEY suffered no, or lower, damage; STACEY may claim higher damages.
  4. The Suite must be returned in the condition in which it was handed over. The guest must remove all personal belongings and properly dispose of any waste and food brought in. Where waste is not disposed of, items are left behind, or soiling beyond the ordinary degree requires special cleaning, STACEY may charge the guest a cleaning lump sum of at least EUR 50.00 and up to EUR 200.00 depending on the condition of the Suite. The guest may prove that no such costs, or lower costs, were incurred, and STACEY may claim higher actual damages.
  5. On the day of departure all keys and any access cards must be returned. For each key or access card lost or not returned, STACEY may charge a lump sum of EUR 40.00; the guest may prove that no such damage, or lower damage, was incurred. STACEY may claim higher actual damages, in particular the cost of replacing the affected locking system where required for security reasons, together with additional cleaning costs and any loss of revenue.
  6. Suites may be booked for a maximum of 182 consecutive days.
  7. Any booking, or any series of consecutive bookings, beyond 182 days does not create, and may not be interpreted as, a residential tenancy under German tenancy law. Each booking constitutes a separate and independent accommodation contract.

§6 Cancellation, No-Show and Early Departure by the Guest

  1. The guest may withdraw from the contract only where a right of withdrawal has been expressly agreed, where a statutory right of withdrawal exists, or where STACEY expressly consents to cancellation. The agreement of a right of withdrawal and any consent to cancellation each require text form.
  2. Unless otherwise agreed, the following cancellation conditions apply to flexible-rate bookings. The arrival day is deemed to begin at 6:00 p.m. on the booked arrival date.
    • Stays of 1 to 6 nights: free cancellation until 6:00 p.m. on the arrival day; thereafter a cancellation fee of 100 % of the cost of the first 3 nights.
    • Stays of 7 to 28 nights: free cancellation until 6:00 p.m. on the arrival day; thereafter a cancellation fee of 100 % of the cost of the first 7 nights.
    • Stays of 29 nights or more: free cancellation until 3 days before the arrival date; thereafter a cancellation fee of 100 % of the cost of the first 7 nights.
  3. Where the guest has selected a non-refundable rate offered at a reduced price, no refund is made upon cancellation, no-show or early departure, subject to mandatory statutory provisions.
  4. If the guest cancels outside the free-cancellation window or fails to appear (no-show), STACEY retains its claim to the agreed remuneration despite non-use of the service, crediting against it any expenses saved and any revenue obtained from otherwise renting the Suite. STACEY may calculate the deduction for saved expenses as a lump sum; in that case the guest pays 90 % of the contractually agreed price for the accommodation. The guest may prove that STACEY suffered no, or lower, damage.
  5. In the event of early departure after check-in, a refund of the agreed remuneration for all booked services is excluded, subject to mandatory crediting of expenses saved and revenue obtained from otherwise renting the Suite where required by law.
  6. Accommodation provided on a fixed date or within a fixed period is exempt from the statutory right of withdrawal for distance contracts pursuant to §312g paragraph 2 no. 9 BGB. The guest therefore has no statutory right of withdrawal in respect of the booking.
  7. For group bookings of five Suites or more, separate cancellation and payment conditions apply and must be requested in advance.

§7 Withdrawal and Termination by STACEY

  1. Where it has been agreed that the guest may withdraw from the contract free of charge within a certain period, STACEY is likewise entitled, within that period, to withdraw from the contract if other customers enquire about the booked Suites and the guest, upon request by STACEY within a reasonable period, does not waive the right of withdrawal.
  2. If an agreed or requested advance payment or security payment is not made even after expiry of a reasonable grace period set by STACEY, STACEY is entitled to withdraw from the contract.
  3. STACEY is further entitled to terminate the contract for an objectively justified important reason (wichtiger Grund), in particular where: (a) force majeure or other circumstances beyond STACEY's control make performance of the contract impossible; (b) the Suite was booked on the basis of misleading or false statements as to material facts, for example facts concerning the guest, the guest's solvency, or the purpose of the stay; (c) STACEY has reasonable grounds to believe that use of the Suite may endanger the smooth operation, security or public reputation of STACEY or its locations, without this being attributable to STACEY's sphere of control or organisation; (d) the purpose or reason of the stay is unlawful; (e) prohibited resale, subletting or onward brokerage of the Suite takes place; or (f) the guest otherwise materially breaches these terms, in particular through serious conduct in breach of contract, including prostitution or other commercial sexual services on the premises, drug-related conduct, or aggressive, abusive, threatening, discriminatory or violent behaviour towards staff, other guests, neighbours or third parties.
  4. STACEY shall inform the guest of the exercise of its right of withdrawal or termination without undue delay.
  5. Where STACEY rightfully withdraws from or terminates the contract, the guest is not entitled to claim damages. STACEY may refuse check-in, deny access, remove the guest from the Suite, and recover all resulting costs and damages, including cleaning, repair, disposal, restoration, security costs and any loss of revenue where the Suite cannot be re-let.
  6. Where STACEY terminates for a reason within the guest's responsibility or for an important reason within the meaning of these terms, STACEY is additionally entitled to decline or reject future bookings by the guest, including bookings already confirmed.

§8 Guest Identification, Registration, Check-in

  1. To ensure communication with the guest, STACEY records the guest's email address and telephone number. To verify the guest's identity and comply with statutory requirements, in particular the registration obligations under the German Federal Registration Act (Bundesmeldegesetz), STACEY is entitled to require details from a valid identity document (identity card or passport for domestic guests; passport for foreign guests) and to require completion of a registration form (Meldeschein). Where two or more guests are accommodated, this applies to each guest individually.
  2. Where a guest's identity cannot be established beyond doubt owing to missing or falsified documents, or to deliberate manipulation during check-in, STACEY is entitled to cancel the booking and to deny the guest access to the Suite.

§9 Resale, Subletting and Unauthorised Commercial Use

  1. The resale, letting or onward brokerage of booked Suites is prohibited, in particular the brokerage of Suites or Suite contingents to third parties at prices above the actual Suite price. The assignment or sale of claims against STACEY is likewise not permitted. In such cases STACEY is entitled to cancel the booking, and the guest has no claim to a refund of amounts already paid, subject to mandatory statutory provisions.
  2. The subletting of the Suite, its use for purposes other than accommodation, and the use of areas for advertising, interviews, sales activities or comparable events require STACEY's prior express consent in text form. For bookings relating to German properties, §540 paragraph 1 sentence 2 BGB does not apply where the guest is not a consumer.
  3. Any use of the Suite for purposes other than accommodation, in particular any commercial use not expressly approved by STACEY, is prohibited and constitutes use in breach of contract. In such cases STACEY may refuse check-in, deny access, remove the guest from the Suite, and terminate the accommodation contract with immediate effect for an important reason. The guest bears all resulting costs and damages, including cleaning, repair, disposal, restoration, security costs and any loss of revenue where the Suite cannot be re-let.

§10 Technical Equipment, Access Credentials and Internet Use

  1. Use of the guest's own electrical devices via the Suite's electricity network is at the guest's own risk. Malfunctions or damage to the Suite's technical equipment caused by the use of such devices are at the guest's expense, insofar as STACEY is not responsible for the malfunction or damage.
  2. Access to the Suites and to the common areas is granted by means of personal digital access credentials (codes and/or access cards). Access credentials are personal to the guest and must not be passed on or made available to third parties. STACEY may deactivate access credentials with immediate effect in the event of misuse, in particular unauthorised sharing, or where there is a security concern.
  3. STACEY provides internet access within the scope of the existing technical and operational possibilities. Disruptions, for example owing to force majeure or maintenance, cannot be excluded.
  4. The guest must not use the internet connection improperly. Improper use includes, in particular, the unlawful sharing of copyrighted content via peer-to-peer networks, the use of illegal streaming services, and the posting, retrieval or transmission of criminally relevant content (for bookings in Germany, in particular pursuant to §§130, 130a, 131 and 184 StGB). The guest must observe the intellectual-property and personality rights of third parties. The guest shall indemnify STACEY on first demand against all third-party claims, damages and reasonable costs of legal defence arising from unlawful use of the internet connection by the guest or by third parties with the guest's knowledge.
  5. The guest must not disclose internet access credentials to third parties. STACEY reserves the right to block the guest's internet access in the event of legal violations.

§11 Fire Alarm System and Safety Devices

  1. Networked smoke detectors connected directly to the fire brigade's control centre (the "fire alarm system") are installed in the building. The guest is fully liable for any intentional or negligent triggering of the fire alarm system, for example as a result of a violation of the smoking ban or of excessive smoke when cooking with the extractor hood switched off and the windows closed, at least in the amount of the costs actually incurred, such as the cost of a fire-brigade deployment.
  2. Any tampering with the fire alarm system, smoke detectors or other technical safety devices is strictly prohibited and constitutes use in breach of contract. In addition to the costs actually incurred, STACEY may charge a lump sum of EUR 150.00; the guest may prove that no such damage, or lower damage, was incurred, and STACEY may claim higher actual damages.

§12 Video Surveillance (CCTV)

  1. For purposes of security and the protection of property and persons, STACEY operates video surveillance in the common areas of its locations on the basis of its legitimate interests (Art. 6(1)(f) GDPR). Surveillance is limited to common areas; it does not extend to the private Suites. Details of the processing, including purposes, retention periods and the data subject's rights, are set out in STACEY's privacy policy, available in its current version via the homepage.

§13 Access by STACEY

  1. STACEY is entitled to enter the Suite for the weekly cleaning and linen change, and, after consultation with the guest, to carry out repairs, to read electricity and water meters, and to view the Suite in connection with a follow-on letting. In the event of imminent danger STACEY may enter the Suite without the guest's consent.
  2. Following prior notice, the guest must grant access to the service provider commissioned by STACEY for cleaning or maintenance. Where the guest refuses or obstructs a scheduled cleaning or maintenance measure, STACEY may charge a lump sum of EUR 150.00 per occurrence; the guest may prove that no such damage, or lower damage, was incurred, and STACEY may claim higher actual damages.

§14 Duty of Care and Liability of the Guest

  1. The guest must treat the Suite and its inventory, as well as the community facilities, with due care and prevent damage. In particular, the guest must avoid excessive soiling, dispose of waste properly and maintain a minimum degree of order so that the Suite can be kept clean and hygienic within the scope of the standard cleaning measures. STACEY is entitled to charge the guest in full for the cost of any increased cleaning effort caused by substantially excessive soiling or disorder. Where the guest fails to meet these obligations even after a formal warning in text form, STACEY may terminate the accommodation contract with immediate effect.
  2. The guest is liable for all damage to the building or inventory caused by the guest or by visitors, employees or other third parties from the guest's sphere. The guest is further liable for all other damages and expenses incurred by STACEY due to improper use of the Suite or of items brought in, including costs incurred through the negligent triggering of fire alarm systems (in particular the cost of a chargeable fire-brigade deployment).
  3. Each Suite contains an inventory list specifying the inventory present. The guest must check this list for completeness and notify STACEY of any discrepancies without undue delay. Upon return of the Suite, the guest must reimburse STACEY for missing items at their respective current value.
  4. STACEY is entitled to settle the cost of repairing damage to the Suite or its inventory caused by the fault of the guest, co-guests or visitors from the security payment provided pursuant to §3 paragraph 9. STACEY will determine such costs in advance by obtaining a quotation from a suitably qualified contractor.
  5. The guest must make a reasonable contribution to rectifying any damage and to keeping possible damage to a minimum.

§15 Liability of STACEY

  1. STACEY is liable without limitation for damages arising from injury to life, body or health caused by STACEY, and for other damages based on an intentional or grossly negligent breach of duty by STACEY. For simple negligence STACEY is liable only for damages resulting from the breach of a material contractual obligation (an obligation whose fulfilment is essential to the proper performance of the contract and on whose fulfilment the guest may regularly rely, a "cardinal obligation"), and in that case only for the foreseeable damage typical of the contract. A breach of duty by STACEY is equivalent to that of its legal representatives, employees or vicarious agents. Further claims for damages are excluded unless otherwise provided in these terms.
  2. Where the guest is provided with a parking space on the premises, whether or not for a fee, this does not constitute a contract of safekeeping. STACEY is not obliged to monitor the parking space and is liable for loss of or damage to parked or manoeuvred vehicles and bicycles, and their contents, only in accordance with paragraph 1 above.
  3. Messages, mail and consignments of goods for the guest are handled with due care. STACEY is not responsible for their delivery, storage or forwarding except by prior arrangement; this does not constitute a contract of safekeeping.

§16 Liability for Property Brought In; Lost Property

  1. STACEY is liable for property brought in by the guest in accordance with the statutory provisions (§§701 et seq. BGB). STACEY recommends the use of the in-room safe. The claim against STACEY lapses if the guest fails to notify STACEY of the loss, destruction or damage of an item brought in without undue delay after becoming aware of it.
  2. Where the guest brings in money, securities or valuables worth more than EUR 800.00, STACEY's liability is limited to that amount. Where the guest brings in other items worth more than EUR 3,500.00, STACEY's liability is limited to one hundred times the price of the booked Suite for one day, but not more than EUR 3,500.00. Items not kept in the locked in-room safe cannot give rise to a claim against STACEY insofar as legally permissible.
  3. STACEY assumes no liability for items stored or left in luggage lockers, washing machines or other publicly accessible or jointly used areas, except in cases of intentional or grossly negligent breach of duty by STACEY.
  4. Lost property is forwarded only on request, at the risk and expense of the guest, and against a handling fee of EUR 10.00. STACEY retains lost property for a period of six months; thereafter items of recognisable value are handed over to the local lost-property office.

§17 Final Provisions, House Rules, Consumer Dispute Resolution

  1. The contract is concluded in the English language. These terms are made available in English and German; in the event of any discrepancy the English version prevails.
  2. These terms also include compliance with STACEY's house rules, available in their respective current version via the homepage.
  3. Amendments or additions to the contract, to the acceptance of STACEY's offer, or to these terms must be made in text form. This also applies to any amendment of this text-form requirement. Unilateral amendments or additions by the guest are void.
  4. The place of performance and payment is STACEY's registered office. Insofar as the guest is a merchant (Kaufmann) within the meaning of the German Commercial Code, or meets the requirements of §38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the exclusive place of jurisdiction, including for cheque and bill-of-exchange disputes, is STACEY's registered office.
  5. This contract is governed by the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and of conflict-of-laws provisions is excluded.
  6. STACEY is neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) within the meaning of the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG).
  7. Should any provision of these terms or of the contract be or become invalid or void, the validity of the remaining provisions is not affected. In that case the statutory provisions apply.

Last updated: June 2026.