(Version: January 2025)

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, Pestalozzistraße 5-8, 13187 Berlin as the operator of the co-living complex at Pestalozzistrasse 5-8, 13187 Berlin

• theBASE Munich ONE GmbH, Pestalozzistraße 5-8, 13187 Berlin as the operator of the co-living complex at Schätzweg 1-3, 80935 Munich

• hereinafter referred to individually and collectively as "theBASE" –

for the accommodation and all other services provided to the customer in this context. theBASE 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 theBASE 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 theBASE 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 theBASE 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 this case, theBASE is entitled to charge a higher fee.

§ 4 Security Deposit and Use of Provided Payment Method

theBASE is entitled to request an appropriate advance payment or security deposit upon conclusion of the contract or during the ongoing contractual relationship, provided this is explicitly stated in the booking confirmation.

The amount and due date of the security deposit are specified in the booking confirmation.

If no security deposit is required, theBASE is entitled to use the payment method provided by the customer to settle any compensation claims arising in connection with the booking or the stay.

The customer is obliged to make an advance payment or security deposit agreed upon in the booking confirmation 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, theBASE 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 theBASE. Until 3:00 p.m. theBASE 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 theBASE 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, theBASE 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, theBASE 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 theBASE 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. theBASE is authorized to charge costs at any time.

In case of default in payment, theBASE will charge the statutory default interest. For each payment reminder we charge EUR 5,00.

theBASE is allowed to charge incurred extra costs to the tenant. E.g., fees for chargeback.

In addition, theBASE 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 if no cancellation free of charge is agreed.

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., via E-mail to [email protected].

For cancelled apartments theBASE will 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 theBASE has suffered no or less damage.

§ 10 Cancellation by theBASE

If theBASE and the Customer have agreed on a period of time for the cancellation free of carge of the contract, theBASE 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 theBase 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

theBASE 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 behavior 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 theBASE, 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 theBASE, its legal representative or its vicarious agents.

theBASE is only liable for damages for damage 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 theBASE, its legal representatives or vicarious agents.

If disruptions or interruptions are caused by a utility provider, the customer's claims are limited to the assignment of theBASE's claims against the utility provider in question. The limitations of liability do not apply to injury to life, limb or health resulting from a negligent breach of duty by theBASE or a negligent or intentional act by theBASE's legal representative or its vicarious agents. theBASE 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 and no more than EUR 3.500; for money, securities and valuables, the amount of EUR 800 takes the place of EUR 3.500.

Liability is unlimited if theBASE or its vicarious agents are responsible for the loss, destruction or damage through gross negligence or willful intent; if it is a matter of personal belongings which theBASE has accepted for safekeeping or whose acceptance theBASE 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. theBASE 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 theBASE 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 in advance for damages caused by the unjustified triggering of fire alarms. The customer may prove that theBASE 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, fulfillment 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.

Residents Code of Conduct

1. Introduction

At theBASE FOL Group, we are an international community. We believe in fostering an environment where people from diverse backgrounds can share experiences, learn from each other, and build a community based on mutual respect and understanding. This Code of Conduct represents our guidelines that are designed to ensure that everyone feels comfortable and welcome during their stay.

2. General Principles

Respect and Dignity: All guests, staff and partners must treat each other with respect and courtesy, regardless of nationality, ethnicity, gender identity, religion, sexual orientation, age, ability or political views.

Inclusive Atmosphere: As an international co-living space, we celebrate diversity and expect all community members to contribute to a welcoming and respectful environment.

Zero Tolerance for Discrimination: Discrimination, harassment, verbal/physical abuse, or mocking individuals based on their character, nationality, gender, religion, sexual orientation, or other personal attributes is strictly prohibited and will not be tolerated.

3. Guest Behavior Guidelines

Compliance with Co-Living Space Rules: Guests are required to adhere to all community and co-living space policies, including rules for shared spaces, check-in/out procedures, payment policies, and designated quiet and smoking areas.

Use of Public Spaces: Residents must comply with house rules when using public spaces.These areas should be used in a way that allows all guests to enjoy them comfortably. Noise levels must be kept at a healthy level and trash should be disposed of properly. Public spaces should remain clean, and behavior should ensure that no one feels disturbed.

Respect for Staff: Our employees work to ensure a pleasant stay for all guests. Guests must treat staff with courtesy and comply with their guidance when necessary.

Public Behavior: Disrespectful, offensive, or discriminatory remarks toward other guests or staff will not be tolerated. Violators may be asked to leave the premises.

Publicly expressed views and speech of hatred and violence: While we value open discussion and diversity of thought, speech or actions that incite violence, hatred, or targeted harassment against others will not be tolerated. We encourage respectful dialogue and constructive conversations within the community.

Publicly expressing extremist political, religious or ideological views that create a hostile or unsafe atmosphere is strictly prohibited and may result in removal.

Biased behavior against a marginalized group: We encourage all guests to be mindful of their language and behavior to ensure a respectful and inclusive environment. Comments or actions that may unintentionally offend or alienate others should be addressed through open dialogue and understanding rather than confrontation. These small, dismissive comments or actions can reinforce stereotypes, making this person feel undervalued or isolated.If any guest feels uncomfortable, we encourage open communication with staff to help resolve concerns in a constructive manner.

Conflict Resolution: In the event of conflicts, guests must remain calm and cooperate with staff. Aggressive or disruptive behavior may lead to intervention by security or law enforcement.

4. Security & Safety Measures

Unauthorized Persons: Guest rooms and common areas are reserved for registered guests only.

Unauthorized individuals without a valid reservation confirmation or key card will be reported to the authorities.

Emergency Procedures: Guests should familiarize themselves with emergency exits, fire alarms, and safety protocols displayed in rooms and common areas.

Property & Belongings: Guests are responsible for their belongings. The co-living space is not liable for lost or stolen items. Safes are provided for valuable possessions.

5. Consequences of Misconduct

Warnings & Removal: Guests who violate this Code of Conduct may receive warnings, be asked to leave the premises, or be permanently banned from the property.

Legal Action: In cases of severe violations, including threats, violence, or illegal activities, the co-living space reserves the right to involve law enforcement.

6. Final Statement

By staying at our co-living space, guests acknowledge and agree to abide by this Code of Conduct. Our goal is to ensure a peaceful and enjoyable experience for everyone. Thank you for your cooperation in making our community a welcoming place for all!

House Rules

General: Please handle all furnishings and inventory with care and treat your apartment and the public areas with care so that the entire community and following members can enjoy it.

Kitchen: Please handle kitchen equipment and electrical appliances with care. Always use a cutting board, do not place hot pots and pans on the table or countertop without a coaster, and always turn on the cooker hood when cooking and frying.

Waste Disposal: We recycle! Please separate waste into general waste, glass, paper and packaging. Containers are available at the waste disposal site.

Smoking: Smoking is not permitted anywhere inside The Base. Please use the outdoor facilities only, such as the courtyard or the rooftop terrace. For apartments with balcony, it’s ok to smote outside on the balcony.

Smoke detectors: Please do not touch, turn off or stick anything on the smoke detectors. The false alarm caused by this will trigger a fire department call-out, which will be billed to you in full. The minimum fee is 2.500 EUR (yes – two thousand five hundred Euros – that’s not a typo!). In addition, tampering with smoke detectors is a criminal offense.

Night rest: This must always be observed between 10 pm and 6 am.

Pets: Pets of any kind are not permitted at theBASE.

Bikes: Please park your bike in the bike room only. Bikes and scooters are forbidden in hallways and apartments.

Catalog of Fees

The customer is liable to pay the following fees for the relevant damage/replacement service. The list below is non-exhaustive and serves as guidance. All damages caused by the resident and any other costs incurred are invoiced to the resident according to regulation. If actual costs are higher than listed above, they will be charged in full.

theBASE is entitled to use both any security deposit and the payment method provided by the resident to cover damages or costs incurred.

Service Fees

Reminder Charges - 5,00 EUR
Chargeback - 25,00 EUR
Written confirmation of Rent Paid for Landlord - 25,00 EUR.
Deposit Return to non-EU accounts - 100,00 EUR. Unjustified triggering of the Fire Alarm (intentional or accidental) - Minimum 2.500,00 EUR.
Manipulation or deactivation of smoke detector - 250,00 EUR.
Opening of Apartment Door outside of opening hours - 80,00 EUR.
Keycard loss or damage - 10,00 EUR.
Lose or damage of garage access card - 50,00 EUR.
Mailbox key loss or damage - 25,00 EUR.

Handover Issues.

Late Departure - See T&Cs (Siehe AGB).
Additional cleaning for overly dirty or messy room (check-out cleaning) - 100,00 EUR.
Additional cleaning for overly dirty or messy room (refresh cleaning) - 50,00 EUR.
Smoking – additional cleaning fee - 150,00 EUR.
Garbage left in room - 50,00 EUR.

Damages in the Apartment.

Apartment Door - Minimum 800,00 EUR.
Door Lock - Minimum 300,00 EUR.
Damaged or dirty wall (each) - Minimum 200,00 EUR.
Damage to floor - Minimum 400,00 EUR.
Built in furniture (e.g. bed, wardrobe, kitchen cabinets, under sink storage) - Minimum 400,00 EUR.
Mattress 140 cm - 300,00 EUR.
Mattress 160 cm - 350,00 EUR.
Mattress 180 cm - 400,00 EUR.
Mattress Protector - 30,00 EUR.
Duvet - 40,00 EUR.
Pillow - 15,00 EUR.
Bed Linen Set - 60,00 EUR.
Towel, small or large - 10,00 EUR.
Kitchen towel - 5,00 EUR.
Full length mirror - 70,00 EUR.
Bed Lamp - 100,00 EUR.
Small shelf - 30,00 EUR.
Picture Frames - 10,00 EUR.
Clothes hanger (each) - 4,00 EUR.
Curtain (each) - 250,00 EUR.
Table - 250,00 EUR.
Chair - 250,00 EUR.
Coffee Table - 50,00 EUR.
Armchair - 400,00 EUR.
Pouf - 200,00 EUR.
Table lamp - 70,00 EUR.
Seating cube with storage - 200,00 EUR.
Smart-TV - 650,00 EUR.
Microwave - 300,00 EUR.
Dishwasher - 550,00 EUR.
Stove - 300,00 EUR.
Fridge - 500,00 EUR.
Electric kettle - 35,00 EUR.
Pan or pot (each) - 30,00 EUR.
Salad bowl - 15,00 EUR.
Kitchen utensils (e.g. knives, can opener…, each) - Minimum 8,00 EUR.
Cutting board - 8,00 EUR.
Measuring cup - 8,00 EUR.
Sieve - 15,00 EUR.
Coaster - 3,00 EUR.
Plate or bowl - 6,00 EUR.
Glass or cup - 5,00 EUR.
Cutlery (each) - 2,00 EUR.
Box for kitchen inventory - 20,00 EUR.
Garbage can - 30,00 EUR.
Bathroom items (TP holder, towel hook, toilet seat…) - Minimum 50,00 EUR.
Toilet Brush - 10,00 EUR.
Rainshower - Minimum 250,00 EUR.
Hairdryer - 100,00 EUR.
Bathroom Mirror - 70,00 EUR.
Balcony Table - 200,00 EUR.
Balcony Chair - 150,00 EUR.