General Terms and Conditions

Last update: March 2024

Scope

These GTC apply to all contracts for the rental provision of apartments or rooms (“Unit”) for accommodation, which are concluded between FLOK AG or its respective subsidiaries (TCG Management d.o.o., Thalassa Consulting and Governance GmbH Austria, Thalassa BG EOOD) and a customer (“Guest”) (together “Parties”), as well as to all further services and deliveries provided by FLOK AG (“Accommodation Contract”), unless the Parties have reached an individual agreement.

1. Conclusion of the Contract

1. The contractual partners are FLOK and the guest. By making a reservation, the guest offers the conclusion of an accommodation contract. If the requested unit is available, the guest receives a reservation confirmation from FLOK. With the acceptance of the reservation by FLOK, an accommodation contract between the Parties is concluded. FLOK is free to confirm the respective booking in text form. FLOK can reject the conclusion of an accommodation contract at its own discretion.
2. If a third party has ordered for the guest, he is liable to FLOK together with the guest as joint and several debtor for all obligations arising from the accommodation agreement, provided FLOK has a corresponding declaration from the third party. The third party is thereby included in the scope of these terms and conditions.
3. The minimum booking age of a guest is 18 years.
Minors are not allowed to stay in a unit without an adult guardian.

2. Reservations

1. With the reservation request and its acceptance by FLOK, the guest does not acquire any claim to the provision of certain units within the accommodation, unless this was expressly agreed in text form within the framework of the accommodation contract.
2. Sub-width offers of FLOK regarding available units are subject to change and non-binding.
3. The guest has no right to claim the accommodation service to be fulfilled in a certain unit. FLOK reserves the right to set industry-standard restrictions such as, among others, minimum stays and booking guarantees or to require deposits for certain booking dates.

3. Cancellation policies

1. A guaranteed reservation can be canceled by the guest free of charge according to the cancellation conditions stated by FLOK, indicating the reservation number. A guaranteed reservation exists when the payment of the guest has been received by FLOK on the account. Cancellation, in this case, means that the room is no longer reserved by the Guest, and the Guest will receive a refund of the amount of money already paid. Consequently, a claim of the guest for reimbursement of the already paid amount of money expires if he has not made a cancellation of the reservation by the date agreed with FLOK and shown in the booking. 
2. This means that after the expiry of the cancellation deadlines, a cancellation by the guest does not result in any repayment obligation towards the guest. FLOK retains the claim to the agreed remuneration – despite the non-utilization of the service.
3. FLOK also retains the right to the agreed remuneration in the event of a no-show of the guest or if the guest leaves at an earlier time than agreed. In case of No Show on the day of booking, a reservation is guaranteed for 48 hours. FLOK not only retains the claim to the agreed remuneration but also reserves the right to release the room for all subsequent nights, including the second night. 
4. A guest who has already checked into the room on the day of arrival also loses the right to cancel free of charge at the time of check-in. After the check-in has been carried out, the guest’s right to a refund of the amount already paid in the event of a cancellation by the guest carried out thereafter shall also be forfeited. 
5. Unless otherwise agreed between FLOK and the guest in the accommodation contract, in case of a booking of five or more units (“group booking”), a cancellation by the guest is possible up to eight weeks before arrival. If the guest cancels the accommodation contract up to six weeks before arrival, FLOK is entitled to charge 50% of all reserved services. If the guest cancels later than six weeks before arrival, FLOK is entitled to charge 100 % of all reserved services.
6. In the case of bookings that are not made via FLOK’s website, but via a third-party provider, a cancellation by the guest can only be made according to the conditions agreed between the guest and this third-party provider. Also, any agreed refund in the event of a cancellation will be made by the third-party provider and not by FLOK.

4. Prices for overnight stays and other prices

1. The prices shown by FLOK at the time of the conclusion of the contract shall apply. The applicable prices are gross total prices and include all statutory taxes, fees, and charges. Not included and charged separately are local taxes, which are owed by the guest according to the respective applicable law, such as visitor’s tax.
2. In the event of changes to tax, fee, and levy rates, as well as the effective levying of new taxes, fees, and levies previously unknown to the parties at the time of conclusion of the contract, FLOK reserves the right to adjust the prices accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract (booking confirmation) and contract adjustment exceeds five months.
3. FLOK can give its consent to a subsequent reduction requested by the guest in the number of units booked, the service provided by FLOK, or the length of stay of the guest depending on the fact that the daily price increases due to the shorter rental period or the lower rental volume for the individual units and/or for the other services provided by FLOK.

5. Terms of payment

1. The price of the entire booked accommodation service must always be paid by the guest in advance. If the guest is not the same as the person making the booking, the rules in section 5 of these terms and conditions also apply to the person making the booking. 
2. A set-off by the guest is excluded unless the set-off concerns an undisputed or legally established claim.
3. Valid means of payment are Mastercard, Visa card, and American Express. Cash payments are excluded.
4. The reference date for payments in foreign currencies is the date of receipt of payment by FLOK. In the event of a refund by FLOK, this reference day is also used as a basis. Exchange rate fluctuations, where the foreign currency is worth less on the day of reimbursement, are at the expense of the guest. Exchange rate fluctuations where the foreign currency is worth more on the day of the refund shall be for the benefit of the guest. 
5. For subsequently incurred fees due to used additional services or violations of the General Terms and Conditions, particularly incurred contractual penalties, FLOK reserves the right to debit the deposited means of payment with the outstanding amounts.

6. FLOK is entitled to make accrued claims due at any time and to demand immediate payment. In case of default of payment, FLOK is entitled to demand the respective applicable statutory default interest in the amount of currently 7% or, in case of legal transactions involving a consumer, in the amount of 5% above the base interest rate set forth by European Central Bank. FLOK reserves the right to prove higher damages.

6. Use of booked units

1. A reserved unit is available to the guest from 3:00 pm on the day of arrival and until 11:00 am on the day of departure. The guest has no right to an earlier provision on the day of arrival or a longer provision on the day of departure.
2. Unless otherwise agreed, on the agreed departure day, any keys and, if applicable, code cards provided are to be handed over to FLOK or a third party named by the accommodation company or, if agreed, left in the unit. If a key or code card handed over is lost or not handed over on departure, this will be charged a fee of 40.00 EUR. FLOK remains entitled to demand compensation from the guest for any damage caused by this, as far as this exceeds the sum of 40.00 EUR. This includes the costs for the exchange of the affected locking system, as far as this is necessary for security reasons. Any further compensation due to increased cleaning costs and possible loss of revenue resulting from the impossibility of renting out the unit is expressly reserved.
3. Upon request and depending on availability, a later departure (“Late Check-out”) can be agreed with FLOK in advance. If FLOK agrees to a late check-out, FLOK is entitled to charge 10.00 EUR per started hour for the additional use of the unit. For departures that take place after 2:00 p.m., the full current daily rate (according to FLOK’s homepage) of the unit will be charged. There is no contractual claim to a late check-out.
   4. If a guest does not vacate the unit by 11.00 a.m. at the latest, FLOK may charge 50% of the full current daily rate (according to the FLOKs homepage) due to the late vacating of the unit for its use exceeding the contract until 2.00 p.m., afterward 100%.
   5. Upon request and depending on availability, an earlier arrival (“Early Check-In”) can be agreed with FLOK in advance. If FLOK agrees to an Early Check-In, FLOK is entitled to charge 10.00 EUR per started hour for the additional use of the unit. A contractual claim to an Early Check-In does not exist.

7. Resale

1. The resale/rental and/or brokering of booked units is explicitly prohibited. In particular, the resale of units and/or unit contingents to third parties at higher prices than the actual unit prices is not permitted. The assignment or sale of the claim against FLOK is also not permitted. FLOK is entitled to cancel the booking in these cases, especially if the guest has made untrue statements about the type of booking or payment to the third party during the assignment/sale. In the listed cases, the guest is not entitled to a refund of the amounts already paid.
2. Also, the subletting of the leased unit, its use for other than accommodation purposes as well as the use of areas outside the leased premises for advertising measures, job interviews, sales, and similar events require the prior express consent of FLOK in text form.
3. Use of the unit for any purpose other than accommodation, in particular commercial use by the guest, is expressly prohibited. In case of violation, FLOK reserves the right to terminate the contract immediately. Costs incurred by FLOK due to the guest’s commercial activity must be paid by the guest. 

8. FLOK’s liability

1. FLOK’s liability for any damages incurred during a guest’s stay is strictly limited to cases of gross negligence or intentional misconduct. FLOK shall not be held responsible for any damage or loss unless it can be clearly proven to result from our direct actions or negligence. 
2. If a parking space is made available to the guest, even for a fee, this does not constitute a custody agreement. There is no obligation on the part of FLOK to monitor the parking space. In case of loss of or damage to motor vehicles or bicycles parked or maneuvered on the property or their contents, FLOK is only liable in case of its own intent or gross negligence.
3. Guests are expected to assume full responsibility for any damages or losses they cause during their stay at FLOK properties.
4. Items left behind by the guest will only be forwarded to the guest upon request and at the risk and expense of the guest. FLOK shall store the items for a period of up to three months and shall charge a reasonable fee for this, which is based on the time and effort required for storage. After the expiration of the storage period, the items will be handed over to the local lost and found office if they have a recognizable value.
5. FLOK assumes no responsibility or liability for damage, theft, or loss of items stored, deposited, or left in luggage lockers, washing machines, or other publicly accessible or common areas.  

9. Customer data and self-check-in

1. To ensure communication with the guest, FLOK obligatorily collects the email address as well as the telephone number. To verify the identity of the guest and to comply with the legal obligations, FLOK is entitled to digitally request the following valid identification document (for domestic guests, an identity card or passport; for foreign guests, the passport) and valid credit card data at check-in. This applies to a booking where two or more guests are accommodated in one room, for each guest individually. 
2. If the identity of a guest cannot be clarified beyond doubt due to missing or false documents or willful manipulation during the digital check-in, FLOK is entitled to cancel the booking and to deny the guest access to the object. 
3. To avoid harmful bookings, FLOK uses software solutions that determine a so-called “fraud prevention score” for each guest on the basis of the requested data (email address, home address, telephone number, credit card, etc.) and detect harmful bookings. Should the software detect such a booking, FLOK reserves the right to cancel the booking.
4. Unregistered visitors or guests are not allowed in the accommodations. Only the guest(s) indicated in the reservation are allowed to enter the unit at any time during their booking. In case of including an extra guest(s) in the booking or having visitors, an additional guest surcharge, depending on the daily rate, will be charged. FLOK reserves the right to evict the guest if the guest(s) do not inform about visitors and pay the surcharge fee. 

10. Termination of the accommodation contract

1. FLOK is entitled to terminate the accommodation contract for good cause.
2. An important reason exists in particular if (i) force majeure or other circumstances for which FLOK is not responsible make the fulfillment of the accommodation contract impossible, (ii) units are culpably booked with misleading or false information or concealment of essential facts; essential may be, but not exclusively; the identity of the guest, the ability to pay or the purpose of the stay, (iii) FLOK has reasonable grounds to assume that the use of the service can endanger the smooth business operations, the security or the reputation of FLOK and its locations in public, without this being attributable to the control or organizational area of FLOK. (iv) the purpose or the reason for the stay is unlawful; or (v) in case of a resale/rental and/or rebrokerage. (vi) An important reason also exists if the Guest otherwise violates the General Terms and Conditions.
3.  For the rest, FLOK is entitled to withdraw from the accommodation contract, if it was agreed in text form that the guest can withdraw from the accommodation contract free of charge within a certain period of time.
4. FLOK must inform the guest immediately about the exercise of the right of cancellation.
5. If FLOK terminates the contract due to a circumstance for which the guest is responsible or due to an important reason in the sense of these General Terms and Conditions, FLOK is also entitled to cancel or reject future bookings of the guest. This also applies if these bookings have already been confirmed by FLOK.
6. In case of justified ordinary or extraordinary termination on the part of FLOK the guest has no claim for damages against FLOK. 

11. Smoking ban in the Accommodation

1. The units are non-smoking units. It is therefore prohibited to smoke in the common areas as well as in the guest units. The smoking ban applies to all product groups and thus includes, in addition to cigarettes and joints, cigars, e-cigarettes, hookahs, herbal cigarettes as well as Iqos, vaporizers and similar devices.
2. The violation of the general smoking ban represents a use contrary to the contract and will be punished by FLOK with a contractual penalty in the amount of EUR 250.00. Any further damages due to increased cleaning costs and possible loss of sales resulting from the impossibility of renting out the unit are expressly reserved.
3. There are networked smoke detectors in the building, which are directly connected to the control center of the fire department (“fire alarm system”). For the intentional or negligent triggering of the fire alarm system (for example, due to violation of the smoking ban), the guest is fully liable, at least in the amount of the actual costs incurred (for example, deployment costs of the fire department).

12. Quite Hours and Prohibition of Parties, Celebrations and other events

1. Noise in the booked unit, the jointly used premises as well as on the surrounding grounds is to be avoided. The night’s rest from 10 p.m. to 6 a.m. must be observed (“quiet hours”).
2. Holding loud events with several people (“parties”) is not allowed in the units. Holding of the party will result with the call of the police, and their intervention to break the party which may lead to eviction. 
3. The violation of the quiet times and the holding of parties represents a use contrary to the contract and will be punished by FLOK with a contractual penalty in the amount of EUR 250,00. Any further damages due to increased cleaning costs and possible loss of sales resulting from the impossibility to rent out the unit are expressly reserved.

13. Damage or Theft

1. The guest must treat the unit with care and in particular avoid rough soiling. Coarse soiling is such soiling that goes beyond normal use. If such coarse soiling occurs during the stay of the guest, or if it still exists after his departure, FLOK has the right to charge the guest an additional cleaning fee of at least EUR 150.00 (depending on the condition of the unit). FLOK expressly reserves the right to claim further damages due to increased cleaning costs and possible loss of revenue resulting from the fact that the unit cannot be rented out.
2. In case of damage that exceeds the usual use or theft, FLOK has the right to charge the guest for the damage as well as the separate expenses for the elimination of the damage, including possible loss of revenue from a rental of the unit that is not possible due to this. Even slight negligence shall justify the guest’s obligation to pay compensation.
3. The same applies to damages caused by third parties, as far as they are on the premises of FLOK at the instigation of the guest.
4. The intentional damage of inventory, pieces of furniture or the unit itself represents, in addition to FLOK’s claim for damages, a use contrary to the contract and will therefore be punished with a contractual penalty in the amount of EUR 200.00 per damage case. This also applies to the removal of inventory or pieces of furniture or disturbance of technical installations, especially the smoke detectors. The right is expressly reserved to claim further damages due to any loss of revenue resulting from the impossibility of renting out the unit.

14. Maintenance

1. The guest is obligated to treat the provided unit, the furnishings as well as the rooms, facilities and equipment intended for common use with care and to ensure proper ventilation and heating.



2. The guest also undertakes to check the equipment for completeness and fitness for use when moving into the unit and to report any complaints to the accommodation provider without delay.



3. The guest is liable for all damage to the rented unit, the furnishings and the rooms, facilities and equipment intended for common use, which he or his visitors have culpably caused through use contrary to the contract and which is not due to normal wear and tear. The guest must notify FLOK immediately of any damage to the rented unit.



4. The rented unit is cleaned on a weekly basis by FLOK. The guest is obliged to grant access to the unit after notification from FLOK to the service provider commissioned by FLOK for this purpose. Any further compensation for damages due to increased cleaning costs and possible loss of revenue resulting from the fact that the unit cannot be rented out is expressly reserved.



5. Video surveillance of the service providers commissioned by FLOK by the guest is expressly prohibited. An infringement against this is additionally considered as an obstruction of the access of the unit for the commissioned service provider and thus has a fee in the amount of EUR 150.00 as a consequence. The right is expressly reserved to claim further damages due to any loss of sales resulting from the unit not being able to be rented out as a result.

6. 
Guests who officially register as living in the unit provided by FLOK due to a longer stay at the registration office have the obligation to also deregister at the registration office upon departure. A violation of this obligation and the resulting additional workload of FLOK due to official inquiries will be considered as an obstruction of the operational procedure and will result in a fee of EUR 150,00. FLOK expressly reserves the right to claim damages in excess of this amount. 



7. FLOK at irregular intervals has to carry out routine maintenance of all physical assets and units to ensure they are in good condition and continue to function optimally and safely. This policy applies to all the physical assets of the hotel, including regular checks of electrical systems, plumbing, heating and cooling systems, elevators, and other equipment in the unit. The guest is obliged to grant access to the unit to the service provider or maintenance team commissioned by FLOK for this purpose when notified. Maintenance activities will be scheduled on a regular basis, and the frequency of maintenance will depend on the type of asset and its usage in accordance with manufacturer recommendations and industry best practices. If the maintenance, which is obligatory at certain intervals, is refused by the guest, the guest has to pay a fee of EUR 150.00 to FLOK. Any further compensation for damages due to increased maintenance  costs and possible loss of revenue resulting from the fact that the unit cannot be rented out is expressly reserved.

15. Pets on the property

1. Bringing a pet into the unit is generally not allowed. Exceptions are always guide dogs, deaf dogs and other comparable service dogs. These may be brought along free of charge and at any time against proof. From the aforementioned principle FLOK is entitled to make further exceptions. This will be regulated accordingly in the accommodation contract. The guest has no claim for an exception.
2. If the guest brings a pet into a unit without permission, a flat rate of EUR 250.00 will be charged for a special cleaning fee on the part of FLOK. FLOK expressly reserves the right to claim further damages due to increased cleaning costs and possible loss of revenue due to the fact that the unit cannot be rented out as a result. 

16. Group bookings / contingent contracts / event times

1. For group bookings of more than five units and contingent contracts, separate payment and cancellation conditions apply, which are specified in the respective contracts.
2. For bookings during event and trade fair times, different cancellation periods apply. These are shown in the booking process and on the booking confirmation.

17. Vouchers

1. A voucher purchased from FLOK can only be redeemed for FLOK services. If residual credits remain after payments with the voucher, these remain and can be used for further bookings. Vouchers cannot be returned; they are not resalable or transferable and are not redeemable for cash. The purchaser of the voucher is responsible for providing the correct data (especially e-mail address) to which the voucher and the invoice should be sent.
2. Cancellation policy: Declarations regarding vouchers can be revoked within 14 days without giving reasons in any form (letter, fax, e-mail) or, if the voucher is provided before the deadline, also by returning the voucher. The period begins after receipt of this instruction in text form, but not before receipt of the voucher by the recipient. To comply with the revocation period, it is sufficient to send the revocation or the voucher in time. The revocation is to be sent to FLOK AG, keyword: voucher; by e-mail: reservations@www.stayflok.com.

18. Internet usage

1. FLOK provides the guest with Internet access within the framework of the existing technical and operational possibilities. Disruptions, for example due to force majeure, maintenance measures or similar cannot be excluded.
2. The guest may not misuse the Internet connection. Misuse shall be deemed to exist in particular in the following cases: Download and distribution of copyrighted content via peer-to-peer sharing platforms, illegal streaming offers as well as the posting, retrieval or transmission of content relevant under criminal law. The guest is obligated to observe the copyrights, patent rights, name rights, trademark rights and personal rights of third parties during use. The guest indemnifies numa on first request from all claims and claims for damages of third parties as well as from the costs of legal defense in an appropriate amount, which have been caused by an illegal use of the provided Internet connection by the guest or by third parties with the knowledge of the guest. This claim for indemnification covers in particular claims arising from the infringement of copyrights, patent rights, rights to a name, trademark rights and personal rights as well as violations of data protection law.
3. The guest is prohibited from passing on the access data for the Internet connection to third parties. In case of violation, the guest is liable for all damages caused by the disclosure of the access data to FLOK.
4. In addition, FLOK reserves the right to block the guest’s Internet connection in case of legal violations.

19. Data Protection

1. FLOK’s privacy policy can be found at following link.

20. Final Provisions

1. The equipment of the unit and the respective service offer on-site correspond to FLOK standard and may deviate from the country-specific criteria of the respective star category.  
2. Changes and additions as well as the cancellation of the accommodation contract, the acceptance of the application or these General Terms and Conditions must be made in writing. This also applies to the cancellation of this written form clause. Unilateral changes or additions by the guest are invalid.
3. The place of performance and payment shall be the registered office of the respective accommodation facility.
4. The exclusive place of jurisdiction for commercial transactions shall be Zug, Switzerland, and 
   Swiss law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and collision law is excluded.
5. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
6. The accommodation provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.