1. SCOPE & CONTRACTING PARTIES
1.1 These General Terms and Conditions, hereinafter referred to as GTC, apply to all contracts for the rental of apartments and accommodations for lodging concluded with Marco Illbruck (hereinafter referred to as CASA MI), as well as to all additional services and deliveries provided by CASA MI.
1.2 The contracting party of the guest in Italy is CASA MI.
1.3 The customer’s general terms and conditions shall only apply if expressly agreed in writing in advance.
2. RESERVATIONS/BOOKINGS
2.1 By making a reservation/booking, the guest offers to conclude an accommodation contract. If the booked apartment is available, the guest will receive a reservation/booking confirmation from CASA MI. Upon receipt of this confirmation, an accommodation contract is concluded between CASA MI and the guest.
2.2 Offers from CASA MI regarding available apartments are non-binding and subject to change. CASA MI reserves the right to refuse the conclusion of an accommodation contract at its sole discretion.
2.3 If the guest books only a category of accommodation, they are not entitled to a specific apartment/unit. CASA MI reserves the right to impose industry-standard restrictions, such as minimum stays, booking guarantees, or deposits for specific travel dates.
3. CANCELLATION PERIODS/GUEST WITHDRAWAL/NON-USE OF SERVICES (NO SHOW)
3.1 A reservation is only guaranteed once the guest has made the payment to CASA MI. The guest may cancel this reservation free of charge in accordance with the specified cancellation terms and deadlines by providing the corresponding reservation number. If no right of withdrawal has been agreed upon or if it has already expired (free cancellation period has lapsed), and CASA MI does not consent to a contract cancellation, CASA MI retains the right to the agreed compensation, even in the event of non-use of the service (no-show) or late cancellation. CASA MI shall offset the revenue from alternative rentals as well as any saved expenses. If the rooms are not otherwise rented, CASA MI may charge a flat-rate deduction for saved expenses. In such cases, the customer is obliged to pay 90% of the contractually agreed price for the accommodation. The customer is entitled to prove that the claimed amount has not been incurred or is lower than requested. Additionally, in the case of guaranteed multi-night reservations, if the guest does not show up, all subsequent nights from the first night onwards will be canceled, and the guest shall have no entitlement to the remaining nights.
3.2 For reservations made on the day of arrival, the guest must make the payment for the stay according to section 5 immediately, usually within one hour.
4. ACCOMMODATION PRICES & OTHER CHARGES
4.1 The prices valid at the time of contract conclusion, as stated by CASA MI, shall apply. The applicable and listed prices include all statutory taxes, fees, and charges. Any local taxes owed by the guest, such as tourist taxes, are not included.
5. PAYMENT TERMS & INVOICE
5.1 The price for the accommodation booked by the guest must always be paid in advance by the guest.
5.2 The guest is not entitled to offset any claims unless the offset relates to an undisputed or legally established claim.
5.3 Accepted payment methods include MasterCard, Visa, American Express, Sofort/Klarna, PayPal, or regular bank transfer.
Cash payments are not accepted.
5.4 CASA MI reserves the right to charge the provided payment methods for any additional services used or violations of the General Terms and Conditions. The guest expressly authorizes CASA MI to do so.
5.5 By making a reservation, the guest agrees to receive their invoice via download or email.
6. USAGE OF RESERVED APARTMENTS
6.1 A reserved apartment is available to the guest for the period specified in the booking.
6.2 The keys, parking permits, and/or key cards provided by CASA MI must be returned to CASA MI, a third party designated by CASA MI, or placed at the designated location in the apartment as indicated by signage and/or notification from CASA MI on the departure day. In case of loss of a key, key card, or parking permit, or failure to return these items, a fee of €200.00 will be charged. Furthermore, CASA MI reserves the right to claim additional compensation if the damage exceeds €2,000.00, including the replacement of the affected locking system if required for security reasons. The guest has the right to prove that CASA MI has incurred lesser or no damage.
6.3 A later departure (Late Check-out) can be arranged upon request and subject to availability between CASA MI and the guest. If CASA MI agrees to a Late Check-out, CASA MI is entitled to charge €10.00 per additional hour started for the use of the apartment. If no agreement is made, CASA MI may charge €30.00 per additional hour started. If the departure exceeds 3 hours beyond the originally agreed check-out time, the full overnight rate of the apartment will be charged if CASA MI has consented. If no consent has been given, the guest shall be liable for the full overnight rate as well as for any further damages incurred. The guest has the right to prove that CASA MI has incurred lesser or no damage.
6.4 The guest has no contractual right to a Late Check-out.
6.5 An early arrival (Early Check-in) can be arranged upon request and subject to availability between CASA MI and the guest. If CASA MI agrees to an Early Check-in, CASA MI is entitled to charge €10.00 per additional hour started for the use of the apartment. The guest has no contractual right to an Early Check-in.
7. SUBLETTING, RESALE, USAGE
7.1 The subletting or transfer of the booked apartment is prohibited. This particularly includes the resale of apartments or apartment contingents to third parties at prices higher than those indicated by CASA MI. Likewise, the assignment or sale of claims against CASA MI is not permitted.
In such cases, CASA MI is entitled to cancel the reservation, particularly if the guest has provided false information regarding the type of booking or payment when assigning/selling to third parties.
7.2 The use of CASA MI apartments for purposes other than accommodation is expressly prohibited. This includes, in particular, any commercial or illegal use. The use of apartments for photo or video shoots is also prohibited without explicit consent.
CASA MI reserves the right to cancel the reservation without refunds and vacate the property if the apartment is used for any purpose other than accommodation.
8. LIABILITY OF CASA MI
8.1 CASA MI is liable without limitation for damages caused by injury to life, body, or health for which it is responsible. CASA MI is also liable for other damages caused by intentional or grossly negligent breaches of duty by CASA MI. In cases of simple negligence, CASA MI is only liable for foreseeable damages typical for the contract if a fundamental duty (cardinal duty) is violated, which enables the proper execution of the contract and on which the guest can rely. A breach of duty by CASA MI is equivalent to a breach by its legal representatives, employees, or agents. Further claims for damages—unless otherwise regulated in these General Terms and Conditions—are excluded.
8.2 In the event of disruptions or defects in CASA MI’s services, CASA MI will endeavor to remedy the situation upon the guest’s immediate complaint or upon becoming aware of the issue. The guest is also obligated to contribute reasonably to resolving the disruption or defect and minimizing any resulting damage. Furthermore, the guest is required to notify CASA MI immediately of any potential high damages.
8.3 CASA MI is liable for items brought into the accommodation according to legal provisions. Any guest claim shall be void if they do not report the loss, destruction, or damage to CASA MI immediately upon becoming aware of it, except in cases where a delay does not affect the clarification of the matter. If money, valuables, or other valuable items exceeding €800.00 in value, or other belongings exceeding €3,500.00 in value, are brought in, a separate written agreement with CASA MI is required. Otherwise, CASA MI is not liable for the loss, destruction, or damage to such items.
8.4 No safekeeping contract is established when CASA MI provides the guest with a parking space, either free of charge or for a fee. CASA MI assumes no monitoring obligation, and CASA MI is only liable for loss, theft, or damage to vehicles parked or maneuvered on the property or in the provided parking space in cases of intent or gross negligence. The guest is required to report any damage immediately. Obvious damages must be reported before leaving the parking space. CASA MI is not liable for damages solely caused by other guests or third parties.
8.5 Any claims against CASA MI generally expire within one year from the statutory limitation period. This does not apply to claims for damages or other claims arising from injury to life, body, or health and/or due to gross negligence or intentional breaches of duty by CASA MI or in the event of a breach of a cardinal duty.
8.6 CASA MI assumes no liability for lost property. Exceptions apply only in cases of intentional or grossly negligent breaches of duty by CASA MI. Lost property will only be returned upon request, for a fee, and with an additional handling charge of €15.00. CASA MI is obliged to store lost property for a period of six months. After this period, disposal will take place.
9. DEPOSIT
9.1 To secure all claims of CASA MI against the guest resulting from the accommodation contract, CASA MI is entitled to collect the following security deposits from the guest before providing the apartment:
9.2 For stays of less than three months, a deposit of €250.00.
9.3 For stays between three and six months, a deposit equal to one month’s accommodation price.
9.4 In cases of stays of less than three months, CASA MI is entitled to obtain the security deposit via pre-authorization of the payment method. If the guest does not provide the deposit, they are not entitled to stay in the apartment. If CASA MI has granted access despite this, CASA MI is entitled to terminate the accommodation contract without notice if the deposit is not provided within a reasonable grace period.
9.5 CASA MI is obliged to settle the deposit within one month after the end of the accommodation contract.
10. CUSTOMER DATA
10.1 CASA MI collects and records guests’ email addresses and phone numbers to ensure communication. CASA MI is also entitled to request a valid identification document digitally at check-in. For domestic guests, this must be an identity card or passport, while for foreign guests, a passport is always required.
10.2 If a guest's identity cannot be clearly verified due to missing or incorrect documents, CASA MI is entitled to cancel the booking.
10.3 CASA MI uses fraud prevention software to identify fraudulent bookings based on the guest's provided data (email address, phone number, credit card details, address). CASA MI reserves the right to cancel any booking flagged by the system as potentially fraudulent.
10.4 Fraud Protection To prevent fraudulent and harmful bookings, CASA MI utilizes software solutions that analyze guest-provided data (email address, phone number, credit card details, address) to generate a "Fraud Prevention Score" for each guest, identifying potential fraudulent bookings. CASA MI reserves the right to cancel any booking flagged by the system accordingly.
11. TERMINATION OF THE ACCOMMODATION AGREEMENT
11.1 CASA MI reserves the right to terminate an accommodation agreement for just cause. Just cause particularly exists when:
a) Force majeure or other circumstances beyond CASA MI’s control make it impossible to fulfill the contract;
b) CASA MI has reasonable grounds to believe that the accommodation service could jeopardize its smooth business operations, security, public image, or reputation, without being attributable to CASA MI’s sphere of influence;
c) Bookings have been made with misleading or false information or the omission of essential facts, such as the guest's identity, financial ability, or purpose of stay;
d) The purpose or occasion of the stay is unlawful or related to prostitution;
e) In cases of resale, subletting, or further brokerage of the apartment (see Section 7).
CASA MI will inform the guest immediately of the exercise of the termination right.
11.2 The guest is not entitled to compensation in the event of justified termination by CASA MI.
11.3 If the termination by CASA MI is due to a circumstance attributable to the guest or one of the above-mentioned reasons, CASA MI reserves the right to cancel or refuse any future bookings, even if they have already been confirmed by CASA MI.
12. VOUCHERS
12.1 Vouchers purchased from CASA MI can only be redeemed for CASA MI services. If there is a remaining balance after payment with the voucher, it remains valid for future bookings.
12.2 Vouchers cannot be returned, resold, transferred, or redeemed for cash, either in full or in part.
12.3 The purchaser of the voucher is responsible for providing the correct details (especially the email address) to which the voucher and invoice should be sent.
13. NON-SMOKING POLICY AND SAFETY DEVICES
13.1 All CASA MI apartments are non-smoking accommodations. Smoking is strictly prohibited in the apartments and common areas, including the use of e-cigarettes, shishas, tobacco heaters, and similar devices.
13.2 Smoking on balconies and/or terraces is only permitted if designated accordingly and with the apartment door closed.
13.3 In case of violation, CASA MI has the right to claim compensation for additional cleaning costs, including potential lost revenue due to the apartment becoming unsuitable for rental, amounting to at least €250.00. CASA MI may claim higher damages if proven. The guest has the right to prove that CASA MI has incurred lower or no damage.
13.4 Tampering with or blocking emergency exits, fire extinguishers, or the fire/house alarm is prohibited. Violations will result in a penalty fee of €150.
This also applies to tampering with or deactivating security and decibel sensors within the apartment.
13.5 CASA MI is entitled to terminate an active booking with immediate effect and evict guests from the premises if violations of Sections 13.1 and 13.4 are detected. No refund or partial reimbursement will be granted. The guest has the right to prove that CASA MI has incurred lower or no damage.
13.6 CASA MI properties may be equipped with networked smoke detectors directly connected to the fire department or security service. The guest is fully liable for intentionally or negligently triggering the fire alarm (e.g., by violating the smoking ban) and must bear the full cost, at a minimum covering actual expenses (e.g., fire department or security service deployment costs).
14. PROHIBITION OF PARTIES AND GATHERINGS
14.1 Noise must be avoided in the booked apartment, shared-use areas, and surrounding premises. Nighttime quiet hours are from 10:00 PM to 6:00 AM, unless otherwise specified in the house rules.
14.2 Hosting parties and gatherings in CASA MI apartments and common areas is strictly prohibited.
14.3 In case of violation, CASA MI has the right to claim compensation for additional cleaning costs, including potential lost revenue due to the apartment becoming unsuitable for rental, amounting to €500.00. Further claims for damages are not affected. The guest has the right to prove that CASA MI has incurred lower or no damage.
14.4 CASA MI apartments may be equipped with decibel measurement sensors. These sensors do not record voices or conversations but detect excessive noise levels. Common areas such as hallways and other shared spaces may also have decibel measurement sensors and active 24/7 video surveillance stored in a cloud environment.
14.5 CASA MI is entitled to terminate an active booking with immediate effect and evict guests from the premises if violations of Sections 14.1 and 14.2 are detected. No refund or partial reimbursement will be granted. The guest has the right to prove that CASA MI has incurred lower or no damage. CASA MI reserves the right to engage third-party services, such as security companies, to enforce house rules. Any costs incurred due to third-party intervention will be charged to the guest.
15. DAMAGE OR UNAUTHORIZED REMOVAL OF INVENTORY
15.1 If damages occur during the stay that exceed normal contractual use or if inventory is removed from the unit without authorization, CASA MI is entitled to claim compensation. This includes the costs incurred for damage repair, potential lost revenue due to the inability to rent the apartment, legal prosecution costs, and an additional processing fee of €50. The guest has the right to prove that CASA MI has incurred lesser or no damage.
16. PETS
16.1 Bringing pets into apartments and common areas is not permitted. Exceptions apply to guide dogs, hearing dogs, and other comparable service dogs, which may be brought in at any time free of charge upon presentation of valid documentation. The relevant proof must be submitted to CASA MI independently before check-in.
16.2 CASA MI may grant additional exceptions at its discretion, but the guest has no entitlement to such exceptions. If an unauthorized pet is found in the unit, a flat-rate special cleaning fee of €150.00 will be charged. CASA MI is entitled to immediately terminate an active booking and evict guests from the premises if violations of this rule occur. In such cases, there is no right to a refund or partial reimbursement. The guest has the right to prove that CASA MI has incurred lesser or no damage.
17. MAINTENANCE
17.1 By booking an apartment with CASA MI, the guest agrees to treat the provided apartment, as well as the common areas, facilities, and installations, with care, ensuring sufficient ventilation and heating and avoiding excessive soiling. If excessive soiling beyond normal use occurs during or after the guest’s stay, CASA MI reserves the right to charge an additional cleaning fee of at least €50.00 (depending on the condition of the unit). The guest has the right to prove that CASA MI has incurred lesser or no damage.
17.2 The guest is also required to check the apartment’s furnishings for completeness and functionality upon arrival and to report any defects or complaints to CASA MI immediately.
17.3 The guest is liable for any damages caused to the provided apartment, its furnishings, or common areas and installations due to contractual breaches, whether caused by themselves or their visitors, provided they are not due to normal wear and tear. Any damages to the apartment must be reported to CASA MI immediately.
17.4 For bookings exceeding seven nights, CASA MI is entitled to conduct weekly interim cleanings. The guest is required to grant access to CASA MI’s appointed service provider or staff for this purpose.
18. INTERNET USAGE
18.1 CASA MI provides internet access to the guest within the existing technical and operational possibilities. Disruptions due to force majeure, maintenance, or similar circumstances cannot be ruled out.
18.2 The guest must not misuse the internet connection. Misuse includes, but is not limited to, downloading and distributing copyrighted content via peer-to-peer sharing platforms, illegal streaming services, and accessing, uploading, or transmitting criminally relevant content (especially under §§ 130, 130a, 131, and 184 of the German Criminal Code). The guest is required to respect third-party copyright, patent, name, trademark, and personal rights. The guest shall indemnify CASA MI upon first request against any claims and damages by third parties, including legal defense costs, arising from unlawful use of the internet connection by the guest or third parties with the guest’s knowledge. This includes claims related to copyright, patent, name, trademark, and personal rights violations as well as data protection breaches.
18.3 The guest is prohibited from sharing CASA MI’s internet access credentials with third parties or publishing them. In the event of a violation, the guest is liable for all damages resulting from unauthorized sharing.
18.4 CASA MI reserves the right to block the guest’s internet access in case of legal violations.
19. DATA PROTECTION
19.1 The privacy policy can be viewed at casami.com/datenschutz.
20. FINAL PROVISIONS
20.1 Changes, additions, and the cancellation of the accommodation contract, booking confirmation, or these General Terms and Conditions must be made in text form. This also applies to the waiver of the text form requirement itself. Unilateral changes or additions by the guest are invalid.
20.2 The place of performance and payment is the location of the accommodation business.
20.3 The exclusive place of jurisdiction in commercial transactions is the location of the accommodation business. If a contractual partner meets the requirements of § 38 para. 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the location of the accommodation business.
20.4 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules is excluded.
20.5 If any provision of this contract is or becomes invalid or void, the validity of the remaining provisions shall not be affected. Instead of the invalid/void provision, the parties shall agree on a provision that comes as close as possible to the intended purpose of the invalid/void provision. This also applies to any contractual gaps.
20.6 The accommodation provider is neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.