Welcome to Blueground!
These Terms and Conditions are an integral part of the Lease Agreement between the Sublessor and the Lessee. Please read these Terms and Conditions carefully as they contain important information about your legal rights, remedies and obligations. All other capitalised terms used but not defined in these Terms and Conditions are used as defined in the Confirmation.
1. Unit
The Lessee's use of the Unit during the Term will, at all times, be in accordance with this Agreement. Lessee acknowledges that the Sublessor may be the owner of some or all of the furniture and furnishings within the Unit, but that the Unit and the building in which the Unit is situated (the “Building”) are owned by a third party (“Owner”).
2. Fees
2.1 All Fees will be paid by credit card or electronic transfer. The Lessee acknowledges and agrees that the Sublessor will sustain costs and damages as a result of a bank transfer that is not honored by the bank on which it is drawn, and that it will be difficult to fix the actual amount of such damage with certainty. If the Lessee's bank transfer is returned or not honored by the bank on which it is drawn, Lessee agrees to pay to the Sublessor the additional amount of EUR30.00 or such other amount as allowed by law. A dishonored bank transfer will constitute a late payment of the Fees and will be subject to the provisions of Section 6 of these Terms and Conditions regarding late payment, including but not limited to establishing Habitual Late Payment.
2.2 In case of change in VAT, tax/duty and/or any other applicable taxes and duties, Rental amount and fees will be changed to incorporate relevant changes.
3. Additional Charges
The Lessee shall pay any Additional Charges listed in the Lease Agreement, such as cleaning & restocking fees, utility fees, parking fees, pet fees, booking fees* and administrative fees, as and when due. *Booking fee: One-time service fee applicable to initial bookings plus potential extensions; calculated as a percentage of booking value and capped at 1 monthly rent.
4. Deposit
4.1 The Sublessor shall hold the Deposit during the Term as security for the Lessee's performance of the obligations under the Agreement. At the conclusion of the Lessee's occupancy of the Unit, the Sublessor may, but will have no obligation to, retain and use the Deposit as allowed by applicable law including, to the extent permitted by law, for purposes of (i) repairing damages to the Unit or to its furnishings or fixtures (including replacement), normal wear and tear excepted, and (ii) covering any utilities amount that is owed by the Lessee due to over consumption. The Sublessor is not limited to the Deposit to recoup damages and costs, and the Lessee remains liable for any amounts not covered by the Deposit. No portion of the Deposit may be applied by the Lessee toward any Fees, including the last month’s Rental Fee. The Sublessor shall refund to the Lessee any balance of the Deposit after making such deductions within five (5) weeks or sooner as required by law.
4.2 If Lessee provides valid banking details and instructs the Sublessor to process the Deposit refund via bank transfer by the time of check-out, the refund will be issued to the designated bank account. If Lessee does not provide banking details and instructions by the time of check-out, the refund will be processed using the original payment method:
- If the Deposit was paid via credit or debit card, the refund will be issued to the same card.
- If the refundable amount exceeds the original card payment, the excess will be refunded via bank transfer once Lessee provides valid banking details.
- If the Deposit was paid via wire transfer, the refund will be issued to the same bank account.
5. Utilities, Amenities and Other Charges
The agreement sets forth the Utilities Fee for which Lessee is responsible as a pre-fixed amount (monthly or annual quote). In case of overconsumption the Lessee is responsible to cover the excess amount. In some instances, the Accommodation Fee does not include charges for certain amenities that may be available in the Building. In the event that any additional service packages for amenities are required to be purchased by the Lessee in connection with the Unit, these will not be considered as part of the Rental Fee. Such fees can be found itemised in Section 3.3 of the Confirmation.
6. Interest and Late Charges
6.1 In the event that the Lessee fails to pay the full rent payment, utilities, and any other related fees within 7 calendar days of the due date, the Lessor reserves the right to charge a late fee of 2% of the total overdue amount, or the maximum amount permitted by law, whichever is less.
6.2 This fee is intended to cover the additional administrative costs incurred due to the delay in payment and will be applied in accordance with all applicable local laws and regulations. The Lessee acknowledges and agrees that timely payment of rent, utilities, and all other related fees is essential under this agreement. Failure to remit payment on time may result in the application of a late fee as described above.
7. Cancellation Policy
7.1 Lessee may cancel the Reservation prior to the Commencement Date by written notice to Blueground, such notice to be delivered by email to the address set forth in the Section titled “Notices” below. Cancellation of the Reservation by Lessee will terminate this Agreement. No Guest cancellation will be deemed to be effective unless and until Sublessor sends a written return confirmation of its receipt of such cancellation. For cancellations requested 15 or more days before move-in, Sublessor will collect a charge equal to a half month’s rent. For cancellations requested fewer than 15 days before move-in, Sublessor will collect a charge equal to one month’s rent. Any service or card processing fees are non-refundable.
7.2 With written acceptance from Sublessor, a Lessee may request to switch units under the following conditions:
- If the request is received 15 days or more before the Commencement date, a charge equal to a half month’s rent will be payable by the Lessee to the Sublessor. Additionally, any card processing fees are non-refundable.
- If the request is received less than 15 days before the Commencement date, a charge equal to one month's rent will be payable by the Lessee to the Sublessor. Any card processing fees are non-refundable.
For any unit switch prior to the Commencement Date, the Lessee will incur the prevailing Rent, Utility Fee, and all other Guest Fees for the new Unit. Exit Cleaning Fees and Booking/service fees are transferable. However, if fees for the new unit are higher, Lessee is responsible for covering the difference. If the fees are lower, the Lessee will receive a corresponding reduction. Switching to partner-managed apartments is not allowed.
7.3 The final calculation and settlement of any refundable amounts will take place at the end of the Lessee's last booking, even if the Lessee has switched units.
8. Early Termination by Lessee
Provided the Minimum Stay has been met, Lessee may terminate the Term upon 30 days’ advance written notice to the Sublessor. In the event of such early termination, the rent will be adjusted for the whole duration of his stay in accordance with the actual period of stay in the property. Price adjustments impact the rent and any charges that are proportionate to the rent, such as installment payment surcharges. Any service/booking, exit cleaning, or card processing charges are non-refundable.
9. Term Extensions
An extension of temporary stay is not accepted. In the event that the Lessee wishes to extend the contract, he/she needs to make a new booking according to the availability of apartments.
10. Use and Occupancy of the Unit
The Unit shall be used as a private, single-family dwelling exclusively for temporary residential purposes in accordance with applicable laws, and for no other reason. The minimum duration of the stay shall be three (3) months and the maximum duration shall not exceed one (1) year. Under no circumstances shall the Unit be used as a habitual or permanent residence, nor shall it be used for short-term rental, vacation rental, or any other form of tourist accommodation. The Unit shall not be utilised for purposes of carrying on any business, profession or trade. Lessee shall not place or store any personal property outside of the Unit, and any unauthorised property so placed or stored is subject to removal and disposal by the Sublessor or by the Owner without prior notice. During the Term, the Unit will only be occupied by the Lessee and other authorised individuals listed on the Confirmation, such as partners, spouses, and/or children (“Authorised Occupants”). All rules, limitations, prohibitions or restrictions imposed upon Lessee in this Agreement shall also be deemed to apply to Authorised Occupants, regardless of whether or not Authorised Occupants are specifically referenced in the applicable provision. Occupancy of any part of the Unit by any person other than Lessee or Authorised Occupants, including third-party Lessees or visitors, for a period of ten (10) or more consecutive days or for more than a total of fifteen (15) days in any sixty (60) day period shall require the Sublessor's advance written permission. In no event may the number of occupants of the Unit exceed more than two (2) per bedroom at any given time. Lessee shall not commit, nor permit, any waste or nuisance upon, in or about the Unit or the Building. Lessee shall not take any action, nor permit any action, that interferes with the comfort, safety or enjoyment of the other occupants of the Building.
11. Care of Unit
11.1 Lessee shall maintain the Unit, furniture, furnishings and fixtures in a good, clean and tenantable order and condition. Lessee also agrees to keep the interior of the Unit in good decorative order, consistent with the original decorative condition of the Unit at the Commencement Date, including all furniture, furnishings and fixtures. Lessee shall pay for or reimburse Sublessor for any furniture, furnishings or fixtures that are broken, lost, stolen or damaged during the Term.
11.2 It is the Lessee’s obligation to report any maintenance issues, pest infestation, or other concerns related to the condition of the Unit to Sublessor as soon as reasonably possible, but in no event later than forty-eight (48) hours after Lessee becomes aware of such condition. Lessee will be responsible for the cost of any general repairs and maintenance resulting from damage to the Unit, the furniture or furnishings caused by Lessee, Authorised Occupants, or any of Lessee’s invitees or Lessees. Without limiting the generality of the foregoing, Lessee acknowledges that Lessee shall be responsible for the cost of the clearance of stoppages in waste pipes, drains, water pipes or plumbing which are caused by improper use, and shall reimburse Sublessor for such costs upon demand.
11.3 In the event that the unit is equipped with a functioning smoke detection device(s) and, in some cases, with a functioning carbon monoxide detection device(s) (collectively, “Devices”), if the Devices are battery operated, Lessee is responsible for replacing the Devices’ batteries as necessary to maintain functionality; upon request, Sublessor may assist with the replacement of batteries during Lessee stay. Sublessor shall have a right to enter the Unit to check and maintain the Devices as provided by law. Lessee shall not, at any time, disable or remove an installed Device, and to do so will be considered a material breach of this Agreement.
11.4 Lessee shall not remodel, renovate, paint, refinish floors, or otherwise alter the Unit, common areas, or any other parts of the Building. By way of example of prohibited alterations, but without limitation, Lessee shall not (i) apply adhesive paper to any cabinets, walls, or doors, (ii) hang planters, lighting or other fixtures from ceilings or walls, (iii) attach any coverings to floors or walls, or (iv) install any appliances or outside antennae in or on the Unit.
11.5 Lessee shall maintain the Unit in a manner that prevents the occurrence and infestation of mold or mildew in the Unit, including the use of equipped bathroom exhaust fans where applicable and/or opening windows as necessary to avoid excess moisture build-up.
12. Repairs & Maintenance
12.1 All communication relevant to repairs and maintenance tasks shall be made and carried out through Sublessor’s dedicated mobile application. The Sublessor client experience team is available to assist from 10:00AM - 6:00PM, Monday – Friday, and can also be reached on an emergency telephone line for urgent matters 24/7. All non-urgent requests submitted outside of these normal working hours will be reviewed the following working day. Sublessor will handle all maintenance issues upon request and depending on the nature of the issue, there may or may not be an additional charge imposed on Lessee.
12.2 Subject to applicable law, the Sublessor and the Building property managers have the right to enter the Unit to perform repairs and inspections upon 24 hours’ notice, or upon no notice in the event of an emergency.
12.3 Lessee acknowledges that the Unit and the Building may, from time to time, require renovations or repairs to keep them in good condition and that such work may result in temporary loss of use of portions of the Building or the Unit. Such portion may include, by way of example but without limitation, swimming pools, fitness centers, laundry facilities, and other amenities. Lessee agrees that any such loss or resulting inconvenience will not constitute a reduction in housing services or otherwise warrant a reduction in Lessee Fees other than the pro-rated portion of any Additional Fee charged specifically for the impacted amenity.
13. Relocation
13.1 Circumstances may arise from time to time that render a Unit unavailable for all or part of the Term; such circumstances include (but are not limited to) significant building maintenance or natural disaster. The Sublessor reserves the right to relocate the Lessee to another Unit of comparable quality, in the same Building or a comparable quality Building, upon reasonable notice, should the originally booked Unit become unavailable for any reason. In the event that the Sublessor notifies Lessee of its intention to relocate the Lessee and the Lessee does not desire to be relocated, or if the Unit otherwise becomes unavailable during the Term, the Lessee has the right to cancel the Agreement and to receive a refund of the remaining Lessee Fees on a pro-rated basis, while booking fee will not be refundable. Neither the Sublessor nor the Owner will be liable for any further amounts in respect of the cancellation of the Agreement.
13.2 Should Lessee initiate a request to relocate to another Blueground apartment after move-in, and such request is not the result of a bona fide deficiency in the originally booked apartment, a Relocation Fee equal to half month's rent will be payable by Lessee to Blueground. Guests must provide 30 days’ notice prior to the requested relocation date, and there must be at least 45 days remaining in the Lessee’s current Agreement for the request to be eligible Any Relocation initiated by the Guest would incur the prevailing Rent, Utility Fee, Exit Cleaning Fee, and all other Guest Fees for the new Unit. Booking/service fees are transferable; if the booking/service fees for the new unit are higher, Lessee is responsible for paying the difference.
13.3 For bookings with a Term of 12 months or longer, the Lessee is automatically enrolled in the Live at Blueground program (also called Live@Blueground), where the first relocation does not require the payment of a Relocation Fee. Reference the Live at Blueground Addendum for the full terms.
13.4 The final calculation and settlement of any refundable amounts will take place at the end of the Lessee's last booking, even if the Lessee has relocated between units.
14. Business Upgrade
The Business Upgrade (the “Upgrade”) is an optional booking add-on that Lessee can purchase for their stay. The Upgrade is applied per booking version and must be repurchased to be considered valid for extensions or other future bookings. The Upgrade is an upfront charge and non-refundable. When the Upgrade is purchased, the following terms are effective for Extensions and Cancellations:
- Extensions: Lessee has the first right to extend their stay. Extension requests must be received in writing by Blueground at least 14 days before the End Date to be considered effective. If an extension request is not received or confirmed, the extension hold will be automatically released.
- Cancellations: Lessee can cancel their stay for a full refund if the Lessee provides notice to Sublessor at least 30 days before the Commencement Date. Card processing fees are non-refundable Cancellation requests must be received in writing to Sublessor to be considered effective.
If the Upgrade is not purchased, the Upgrade terms above are considered invalid, and the standard guest agreement terms apply.
15. Promo Codes
- Promo Codes:
15.1 Promo codes cannot be stacked or combined.
15.2 Once applied, promo codes cannot be swapped or changed.
15.3 Promo codes are only valid if applied at the time of booking. They cannot be added retroactively.
15.4 Blueground reserves the right to cancel promotions at any time, provided they have not been used in a completed reservation.
15.5 Each promo code has specific eligibility requirements, such as location, booking timeframe, stay length, minimum booking value, and maximum redemptions. Customers unsure of their eligibility should contact Blueground.
15.6 Promo codes do not carry over to booking extensions.
15.7 If any changes initiated by Lessee are made to a booking that violate the eligibility requirements of a promo code (e.g., early termination or cancellation), the promo code will no longer be applicable and the corresponding discount amount can be revoked and charged for payment.
16. Check-in/ Check-out Times
Check-in time on the Commencement Date is 4PM at the earliest and check-out time on the End Date is 11AM at the latest. Alternate check-in times may be possible by prior arrangement, subject to availability. If the Lessee fails to vacate the Unit by 11AM on the End Date, the Sublessor may charge Lessee an additional one day’s Rental Fee for each day the Lessee occupies the Unit. This provision is intended to address a late check-out by Lessee on the End Date, and does not limit the Sublessor’s rights or remedies under this Agreement or at law should Lessee fail to vacate the Unit.
17. Background Checks
All Lessees and Authorised Occupants listed on the Lease Agreement may be subject to background checks. If a background check is required by the Sublessor, the Lessee acknowledges that the Lessee and/or any Authorised Occupants may be required to authorise such background check as a condition of securing the Unit.
18. Building Rules and Regulations
Lessee, the Authorised Occupants, Lessee’s invitees and visitors shall comply fully and at all times with all rules and regulations of the Building, as well as any restrictions imposed by the Owner and provided by the Sublessor to Lessee. Building rules are available upon request. The Lessee is responsible for ensuring that its invitees and visitors comply with all such rules, regulations and restrictions. Any failure by the Lessee, the Authorised Occupants, or Lessee’s invitees or visitors to comply with the rules and regulations of the Building will be a material breach of this Agreement, and the Sublessor will be entitled to terminate the Agreement and require the Lessee to vacate the Unit.
19. No Assignment, Subleasing or Short-Term Rental
Lessee may not assign its rights under this Agreement. The Lessee may not sublet or transfer possession of all or any part of the Unit to any third party. Lessee may not list the Unit on any short term rental site such as Airbnb, VRBO or other such service. Any advertising or online postings as well as actual rentals of the Unit to vacation or short-term lets by the Lessee constitutes a material breach of this Agreement and, subject to applicable law, the Sublessor will be entitled to terminate this Agreement and require the Lessee to vacate the Unit. Any person who is not the Lessee or an Authorised Occupant who occupies any portion of the Unit, for any period of time for any consideration whatsoever (including, without limitation, the payment of money and/or barter of other goods, services, or other property occupancy rights) is not deemed to be a Lessee or visitor hereunder, and such occupancy shall constitute an unauthorised subletting or assignment under the terms of this section.
20. Scheduled Unit Visitation
Without limiting the Sublessor’s right to access the Unit for repair and maintenance, the Sublessor has the right to conduct non-emergency visits to the Unit, upon twenty-four (24) hours’ notice, so as to examine the condition of the Unit or to inspect, maintain, repair or replace the furniture and furnishings, or for the purpose of complying with any obligations imposed by the Owner or by law. The Sublessor has the right to conduct property viewings with potential new Lessees. These can be carried out according to the following:
(a) Viewings can be scheduled during the last 45 days of the Lease Agreement
(b) The Lessee will be notified via written form at least 24 hours before any viewings. If the tenant does not respond to the notification, the viewing may be carried out without his/ her presence but always in the presence of a Blueground representative.
21. Non-Smoking Policy
The Unit is non-smoking. Smoking of any substance is not allowed in the Unit or any adjacent outdoor areas, including on any balcony or patio and all other common areas of the Building. The Sublessor will charge, and the Lessee agrees to pay, a damages fee of EUR500 for each violation of this policy, in addition to the actual costs for replacement of furniture, additional deep cleaning services, repainting, and other remedial services required to return the Unit, its furniture, and furnishings to its prior condition. The Lessee shall inform his or her Lessees or invitees of the Unit of this smoking prohibition and shall be responsible for their adherence to it. Any breach of this section or violation of this non-smoking policy by Lessee shall be deemed a material breach of the Agreement and grounds for termination thereof. The Lessee acknowledges and agrees that there may be other units in the Building where smoking is permitted, that the Sublessor has no ability to prevent such smoking, and that the Sublessor shall not be liable for any damages or injury to the Lessee’s health or personal property in connection with the use of tobacco or tobacco products by any other occupant in the Building. The Lessee shall promptly notify the Sublessor in writing of any incident where smoke is migrating into the Unit from sources outside of the Unit.
22. Furniture Removal
The Lessee may not remove any of the furniture or furnishings from the Unit. Removal of furniture may be accommodated by Sublessor upon specific request, in Sublessor’s sole discretion and at an additional charge.
23. Freight Elevator Charge
Use of freight elevators in the Building will be subject to availability. The Lessee will be responsible for any freight elevator charge imposed by the Building.
24. Pet Policy
Certain pets may be allowed in certain Units, as indicated on the Sublessor website. No pets or animals (including, without limitation, dogs, cats, birds, fish, reptiles, rodents or insects) are allowed in or about the Unit or the Building, including on a temporary basis or with an accompanying visitor, except as required by law or by the express written consent of the Sublessor as set forth in the agreement. In the event that the Sublessor permits the Lessee to keep a pet in the Unit, an extra amount of security deposit along with a Pet fee, charged per pet, will be required as set forth in the agreement, and the Lessee assumes full responsibility for any additional damages caused by the pet. The Lessee acknowledges and agrees that there may be other units in the Building where pets are permitted, that the Sublessor has no ability to prevent other occupants from keeping pets, and that the Sublessor shall not be liable for any damages or injury to the Lessee’s health or personal property in connection with the presence of animals in or around the Building. Dogs that are purebreds or mixes of the following breeds are prohibited: American Pit Bull Terrier, American Bully, American Staffordshire Terrier, Staffordshire Bull Terrier or any dogs that are crossbreeds of or are related to such breeds. Wild (not domesticated) animals and hybrids of wild animals, including wolf and coyote hybrids, are also prohibited, as are monkeys, snakes, ferrets, rabbits, chinchillas, pot belly pigs, and miniature horses.
25. Keys & Premises Access Cards
The Lessee will receive keys or electronic access cards and parking controls for the Unit and/or the building. The Lessee is responsible for the security of the Unit until all keys, access cards and/or parking controls have been returned to the Sublessor. The Lessee shall not change, rekey the locks or add additional locks or security devices to property without the Sublessor's express written permission. Unless all keys are returned to the Sublessor, the Lessee agrees to pay the Sublessor the Cost of keys, access cards and parking controls to cover the cost of rekeying the property.
26. Lockout Policy
In the event that the Lessee becomes locked out of the Unit or the Building, the Sublessor or the Building may charge an additional fee for lockout services per lockout or as set forth in Sublessor’s currently posted schedule of additional fees, as that schedule may be updated from time to time in Sublessor’s sole discretion.
27. No Criminal Activity
The Unit may only be used as a residential dwelling. No use of the Unit or the Building by Lessee or Lessee’s visitors for activities of an illegal nature will be tolerated, whatsoever. Violation of this policy constitutes a material breach of this Agreement, and the Sublessor reserves the right to immediately terminate this Agreement in connection with any violation of this policy.
28. Subordination
This Agreement shall be subject to and subordinate to the terms of the master lease between Sublessor and Owner (the “Lease”). In case of early termination of the original lease between the Sublessor and the owner of the property the present sublease is not valid and the Lessee is obliged to leave the property and the Agreement shall be honored pursuant to the terms specified in Section 13 “Relocation”.
29. Termination
29.1 This Agreement is for a fixed term and the agreement & lease end on the end date by default. Any amendments or extension by mutual agreement has to be in written form signed by both parties and communicated at least thirty (30) days prior to the End Date.
29.2 Except where limited by law, the Sublessor may, upon written notice, terminate this Agreement immediately upon the occurrence of (i) damage to the Unit by Lessee, (ii) Lessee’s violation of any Building rules and regulations, (iii) criminal activity by Lessee, (iv) Habitual Late Payment as defined in Section 6 of these Terms and Conditions, (v) Lessee’s material breach of this Agreement, or (vi) such other event as otherwise specifically set forth in this Agreement.
30. Vacation of Unit
Lessee must vacate the Premises on or before the End Date. Upon termination of the Agreement, whether occurring on the End Date or by early termination, the Lessee shall completely vacate the Premises and any parking or storage areas; and deliver all keys, furnishings, if any, and the Unit to the Sublessor in the same condition as received expecting normal wear and tear. It is agreed by the parties to this Agreement that delivery of possession shall be deemed to occur when the Lessee delivers the keys of the Unit to the Sublessor or Sublessor’s agent during normal business hours as stated in this Agreement. If the Lessee fails to vacate the Unit by the specified End Date or earlier termination date of this Agreement, the Sublessor reserves the right to enter the Unit and remove all remaining personal belongings, subject to any legal restrictions. The Lessee will be personally informed of this action and will be given a period of 1 (one) week’s notice to collect his/her personal belongings from a specified point. In addition, if the Lessee fails to vacate the Unit by the specified End Date or earlier termination date of this Agreement, the Sublessor may recover from the Lessee, in addition to possession, (i) two times the monthly Lessee Fees during Lessee’s holdover, plus (ii) damages sustained by Sublessor, plus (iii) Sublessor’s costs of recovering said amounts and possession, including reasonable attorney’s fees.
31. Personal Property
The Sublessor will use reasonable efforts to assist Lessee in recovering items of personal property that the Lessee inadvertently leaves behind upon vacating the Unit. Notwithstanding the foregoing, neither the Sublessor nor the Owner assumes any obligation or liability for loss or damage to items of personal property during the Term or thereafter. This includes but is not limited to damage or loss arising from fire, water, theft, flooding, or similar occurrences.
32. Tenant Legal Liability
Lessees will be auto-enrolled in our Tenant Legal Liability policy if you booked directly through the Sublessor’s website, <www.theblueground.com>. For all bookings through other channels, you are strongly encouraged to obtain Tenant Legal Liability.
33. Third party rights
A person who is not a party to this licence shall not have any rights to enforce any term of this licence.
34. Governing law
This licence and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the German law.
35. Jurisdiction
Each party irrevocably agrees that any dispute or claim arising out of or in connection with this Lease Agreement or its subject matter or formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the competent courts of justice in Germany.
36. Disclaimer
The Sublessor will not be held responsible for any claims which result from any of the following: (i) the fault of the person(s) affected or any member(s) of their party, or (ii) the fault of a third party not connected with provision of accommodation by Sublessor which could not have been predicted or avoided, or (iii) an event or circumstance which could not have been predicted or avoided even after taking reasonable care.
37. Additional Services
The Sublessor does not accept responsibility for any services that are not part of the agreed service package specified in the Confirmation. This includes any additional services or facilities that other suppliers have been instructed by Lessee to provide.
38. Use of Facilities at Own Risks
Operating instructions for various appliances available within the Unit may be provided upon Lessee’s request. The Lessee is responsible for following all safety instructions when using the appliances. For further assistance, Lessee should seek immediate assistance from the Sublessor. In cases where facilities or amenities such as swimming pools, fitness equipment, garden equipment, boats etc. are available, their use is strictly at Lessee’s own risk and in Lessee’s own discretion, and must be in accordance with the Building’s rules and regulations.
39. Force Majeure
The Sublessor does not accept liability nor pay any compensation for any unforeseen events that may take place in the Unit or the Building outside of the Sublessor’s control. Any such events will be considered events of “Force Majeure” and NOT as negligence. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, swimming pool closure, power outages, air-conditioning failure, elevator shut downs, TV telephone or internet service interruptions, water shortages, construction noise, evacuation by authorities, and all similar events. Any delays in the performance of any obligation of Sublessor under this Agreement shall be excused to the extent that such delays are caused by events of Force Majeure, and any time periods for performance will be extended accordingly.
40. Indemnification and Hold Harmless
Lessee shall be liable for, and shall, to the fullest extent permitted by law, indemnify and hold harmless Sublessor and the Owner from any and all damages to any property or physical injury to any person arising as a result of any act or omission by Lessee, Lessee’s visitors, or any person occupying the Unit or visiting Lessee on the premises. Any damage or loss caused by Lessee or any of Lessee’s visitors throughout the duration of the Term must be reimbursed by Lessee at the time of any incident and prior to the end of the Term.
41. Privacy Policy
The Lessee acknowledges that Lessee has read and agrees to the terms and conditions in Licensor’s Privacy Policy, which is incorporated into this Agreement by reference.
42. Notices
Except with respect to a Reservation cancellation, which may be delivered solely by email, all written notices required to be sent to Sublessor are to be sent by registered mail or courier, and by email, to Sublessor. Written notices required to be sent to you shall be sent by registered mail or courier, and by email, to the addresses listed in your Confirmation or, if none are provided, to your address at the Unit.
43. Miscellaneous
The waiver of one breach of any term, condition, covenant or obligation of this Agreement by us shall not be considered to be a waiver of that or any other term, condition, covenant or obligation or of any subsequent breach thereof. If any provision of this Agreement, or portion of such provision, or the application thereof to any person or circumstance, is held invalid, the remainder of the Agreement or the remainder of such provision and the application thereof to other persons or circumstances shall not be affected thereby. This Agreement and the Confirmation may not be changed, modified, or cancelled except in writing signed by both parties and shall be binding on and inure to the benefit of the Lessee or to Sublessor or its successors and assignees.
44. Confidentiality
Lessee shall keep the terms of this Agreement confidential and will not disclose the same to any other person or entity, except as may be required by the order
45. Health and Safety
45.1 Sublessor confirms that:
45.1.1 Gas equipment & installations have undergone the necessary maintenance, which can be confirmed from the sticker placed on the gas device by the maintenance firm (if applicable to the specified unit).
45.1.2 The electrical appliances provided by Sublessor are safe and all appliances manufactured after 19 January 1997 are marked with the relevant CE symbol.
46. Limitation of Licensor's liability
46.1 Subject to clause 45.2, Sublessor is not liable for:
46.1.1 The death of, or injury to, the Lessee or visitors to the Property; or damage to, or theft of, any possessions of the Lessee or the Lessee's invitees to the Property;
46.1.2 Any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by the Lessee or the Lessee's invitees to the Property in the exercise or purported exercise of the rights granted by clause 2; or
46.1.3 The acts or omissions of any other resident of the Property or their visitors.
46.2 Nothing in clause 46.1 a shall limit or exclude Sublessor's liability for:
46.2.1 Death or personal injury or damage to property caused by negligence on the part of Sublessor or its agents; or
46.2.2 Any matter in respect of which it would be unlawful for Sublessor to exclude or restrict liability.