Terms & Conditions
GENERAL TERMS AND CONDITIONS
Elite Global Services (acting through Marc Franz, sole proprietor in the process of incorporation)
As of: February 11, 2026
Definitions: "Text form" means, for example, email, messenger (e.g., WhatsApp), or other readable electronic communication. "Business days" are Monday through Friday, excluding public holidays at the registered office of EGS.
1. Provider / Contractual Partner / Contact
(1) The contractual partner for all services is:
Marc Franz – sole proprietor in the process of incorporation
trading under the name "Elite Global Services" ("EGS")
Marktplatz 6, 74343 Sachsenheim, Germany
Email: info@elite-global-service.com
Phone: +49 176 643 92543
WhatsApp: +49 176 643 92543
(2) These General Terms and Conditions apply to all offers, services, and contracts between EGS and the customer.
2. Scope of application / Target group (B2B only) / Defense clause
(1) These General Terms and Conditions apply exclusively to entrepreneurs within the meaning of § 14 BGB (or an equivalent standard at the customer's place of business), i.e., for contracts within the scope of a commercial or self-employed professional activity.
(2) Consumers are not contractual partners. Consumer orders are only accepted after express separate agreement in writing.
(3) Deviating, conflicting, or supplementary terms and conditions of the customer shall not become part of the contract unless EGS expressly agrees to their validity in writing.
(4) Business confirmation: By concluding the contract, the customer confirms that they are acting as a business and are commissioning the service exclusively for business purposes. EGS is entitled to request suitable proof (e.g., company details, VAT ID number, extract from the commercial register) and to reject orders until clarification has been provided.
3. Subject matter of the service / agency role (no landlord status)
(1) EGS exclusively provides services for the brokerage, organization, and coordination of accommodation for the customer (in particular for traveling employees, subcontractors, and project teams). EGS is not the owner, operator, landlord, or accommodation provider of the accommodation brokered.
(2) EGS acts exclusively as an agent/intermediary between the customer (or the users designated by the customer) and the respective accommodation provider (e.g., landlord, operator, hotel, aparthotel, serviced apartment provider). EGS is responsible in particular for procuring offers, organizing the booking/reservation, and coordinating check-in/check-out and communication—but not for providing accommodation as such.
(3) The accommodation, rental, or usage contract for the accommodation is concluded exclusively between the customer (or the user designated by the customer) and the accommodation provider. Rights and obligations arising from this contract (e.g., rights in the event of defects, house rules, deposits, cancellation conditions, compensation) exist exclusively between the customer/user and the accommodation provider, unless expressly agreed otherwise in writing.
(4) EGS does not guarantee the performance of the accommodation provider (e.g., availability, facilities, condition, utilities). In this respect, EGS is only liable for its own breaches of duty within the scope of its agency and organizational services in accordance with Section 12 (Liability).
(5) Any payments, deposits, or other fees may be made either directly to the accommodation provider or to EGS for forwarding as part of a payment processing service, depending on the agreement. Regardless of the payment processing, the accommodation provider remains the sole provider of the accommodation.
(6) EGS is entitled to use third parties and subcontractors to provide services (e.g., accommodation providers, administrators, service providers), but remains responsible for the proper provision of agency and organizational services in accordance with these GTC.
4. Offer / Conclusion of contract / Booking approval / Booking confirmation (agency)
(1) Customer inquiries (contact form, email, telephone, messenger) are non-binding and do not constitute an offer in the legal sense.
(2) EGS will prepare an offer in text form (email is sufficient) based on the customer's specifications. Unless expressly stated otherwise, each offer is limited in time and subject to availability and price confirmation by the respective accommodation provider.
(3) A contract for agency and organizational services provided by EGS is concluded by:
a) written acceptance of the offer by the customer (email is sufficient) or
b) the signing of an order form/contract document or
c) payment of an agreed deposit/advance payment after acceptance of the offer.
EGS is entitled to make the conclusion of an agency contract dependent on an advance payment.
(4) Binding booking confirmation: The customer shall name a contact person with decision-making authority. Reservations/booking orders are only considered approved once this contact person has confirmed the booking in writing and – if required according to the offer/contract – the full amounts have been received in accordance with Section 7 (in particular rent/deposit, security deposit/collateral, service fee and, if applicable, transitory items).
(5) Booking confirmation/no pre-financing: EGS is not obliged to pre-finance accommodation costs from its own funds. Unless expressly agreed otherwise in writing, accommodation is only considered to be bindingly booked or confirmed once (i) the accommodation provider has accepted/confirmed the booking and (ii) the necessary payments have been made in full. Until this point, availability and price are not guaranteed; Subletting, price changes, or rejection by the accommodation provider are possible.
(6) Role/contractual partner: EGS acts exclusively as an agent/coordinator (see section 3). The accommodation, rental, or usage contract for the accommodation is concluded exclusively between the customer (or the named user) and the accommodation provider. EGS is not liable for any accommodation services as such.
(7) Communication/Declarations: The customer shall ensure that all information relevant to the booking is complete and correct. Declarations, approvals, and instructions from the named contact person shall be deemed binding. Changes after approval may incur additional costs (see Sections 6 and 11).
5. Customer's obligations to cooperate / user behavior
(1) The customer shall provide all information necessary for the service in a complete and truthful manner (in particular, number of persons, period, requirements, billing data).
(2) The customer shall ensure that all users comply with the house rules, rules of use, and legal requirements at the location.
(3) Breaches of duty by users shall be deemed breaches of duty by the customer. The customer shall indemnify EGS against any claims by third parties, insofar as the cause lies within the area of responsibility of the customer/user.
6. Prices / Scope of Services / Transitional Items / Additional Costs (Agency Services)
(1) Remuneration System: Depending on the offer/contract, EGS's remuneration consists of (i) an agency/service fee and/or (ii) a recurring management/support fee, as well as any other services expressly specified in the offer. Accommodation costs (e.g., rent/lodging, ancillary costs, deposits) are generally costs incurred by the customer vis-à-vis the respective accommodation provider and are treated as transitory items, insofar as EGS processes payments.
(2) Price basis: All prices, calculations, and availability are based on the information provided by the customer (in particular, period, number of persons, standards, budget, location, arrival/check-in details). Changes to these parameters by the customer may lead to price and service adjustments. In this case, EGS is entitled to prepare an adjusted offer.
(3) Offer/price commitment: Unless otherwise stated, offers are limited in time and subject to availability at the accommodation provider. EGS does not guarantee that an offer price will remain available until the binding booking confirmation. If the accommodation provider changes prices/availability or the property is otherwise occupied, EGS is entitled to submit an updated offer.
(4) "All-inclusive" information: Statements such as "all-inclusive" or "fixed price" refer exclusively to the items expressly mentioned in the offer/contract. Items not expressly mentioned are not included, even if they could typically be incurred for accommodation.
(5) Pass-through items/recharging: If EGS accepts payments from the customer in individual cases and forwards them to accommodation providers, EGS acts exclusively as a payment processor within the scope of its agency services. The customer remains liable to the accommodation provider for the accommodation costs. EGS is entitled to pass on or charge the customer all pass-through items and fees/claims charged by the accommodation provider (including retrospectively) at the actual amount.
(6) Additional costs (not exhaustive): In addition to the agreed remuneration and accommodation costs, the following costs in particular may be incurred and must be borne by the customer, unless they are expressly stated as included in the offer:
a) Special cleaning, final cleaning surcharges, additional linen/towel changes,
b) Damage, loss, or damage to inventory, loss of keys, replacement of locking systems,
c) Costs due to overcrowding, violation of house rules/rules of use, complaints from third parties,
d) Contractual penalties/fees charged by the accommodation provider (e.g., smoking fee, pet fee, noise fee),
e) Additional payments/additional consumption (e.g., electricity/heating/water/waste), if charged by the accommodation provider,
f) Fees for late arrival/departure (late check-in/check-out), administrative/service fees charged by the accommodation provider,
g) Relocation/transfer costs due to circumstances caused by the customer/user (e.g., misconduct, non-payment, false information),
h) Bank, transfer, currency conversion, and payment service provider fees.
(7) Subsequent claims: Claims by the accommodation provider may also arise after check-in or check-out (e.g., damage assessment, utility bills, special cleaning). The customer shall bear these claims unless EGS is responsible for them. EGS is entitled to pass on such claims to the customer upon presentation of the accommodation provider's invoice/receipt/statement.
(8) Evidence/receipts: Upon request, EGS shall provide the customer with appropriate evidence of third-party/accommodation provider costs that have been passed on (e.g., invoice, statement, photo documentation), insofar as EGS receives these from the accommodation provider. EGS is not obliged to obtain documents that are not available to the accommodation provider or that the accommodation provider does not release.
(9) Taxes/currency: Unless otherwise agreed, remuneration from EGS is net plus any applicable sales tax. Accommodation providers may levy locally varying taxes/duties (e.g., city tax), which are additional and must be borne by the customer. Payments shall be made in the currency specified in the offer; any conversion or transfer fees shall be borne by the customer.
7. Terms of payment / Due date / Booking confirmation / Default
(1) Unless otherwise specified in the offer/contract, invoices are due within 7 calendar days of the invoice date without deduction.
(2) Advance payment / deposit / reservation logic: EGS is not obliged to pre-finance payments to accommodation providers from its own funds. EGS is entitled to demand a deposit, advance payment and/or security deposit for the mediation and organization of accommodation. Unless expressly agreed otherwise in writing, a reservation/booking shall only be bindingly coordinated or confirmed once all necessary amounts (in particular rent/deposit, security deposit, service fee, and any other transitory items) have been received in full by EGS.
(3) Default of payment: In the event of default of payment, the statutory default interest rates for business transactions shall apply. EGS is entitled to charge reminder and processing fees and to withhold services until outstanding claims have been settled in full. Reservations/bookings that have already been coordinated may expire or be canceled in the event of non-payment; any costs incurred as a result shall be borne by the customer.
(4) Payment processing (collection/forwarding): Insofar as EGS accepts payments from the customer in individual cases and forwards them to accommodation providers, this is done exclusively as a payment processor/collection agent within the scope of the agency service. The customer remains liable to the accommodation provider for the accommodation costs. Subsequent claims by the accommodation provider (e.g., cancellation/no-show costs, damages, special cleaning, contractual penalties, additional payments) shall be borne in full by the customer.
(5) Reimbursement of expenses/charges: If EGS is charged by the accommodation provider or if EGS advances amounts in individual cases (e.g., because the accommodation provider makes a debit or deadlines require this), the customer must reimburse EGS for these amounts immediately as reimbursement of expenses. EGS is entitled to offset such amounts against advance payments, deposits/securities or other credits of the customer and/or to invoice them separately; payment term: 3 calendar days from the invoice date.
(6) Offsetting/retention: The customer shall only be entitled to offset and retain claims that are undisputed or have been legally established.
8. Deposit / Security Deposit / Offsetting
(1) If provided for in the offer/contract or requested by the accommodation provider, the customer must pay a deposit or security deposit. The amount and due date are specified in the offer/contract or the accommodation provider's terms and conditions.
(2) EGS is exclusively an agent/coordinator and not a landlord/accommodation provider. Deposits/security deposits serve in particular to secure claims of the accommodation provider (e.g., damage, loss of keys, special cleaning, contractual penalties, additional payments) and, if agreed, also to secure outstanding claims of EGS (e.g., service fee, processing costs, reimbursement of expenses).
(3) Payment method: Depending on the transaction, the deposit can be paid (a) directly to the accommodation provider or (b) to EGS as the payment processor for forwarding. Regardless of the payment method, the customer remains responsible for ensuring that deposits are paid on time. EGS is not obliged to advance deposits from its own funds.
(4) Repayment: The deposit will only be refunded to the extent and at the time that the accommodation provider releases or refunds the deposit and EGS has actually received the corresponding amounts. EGS is not obliged to make any refunds as long as and to the extent that the accommodation provider asserts justified counterclaims or settlements/final checks are pending.
(5) Offsetting/retention: EGS is entitled to retain or offset deposits/securities in whole or in part if (i) the accommodation provider has justified claims against the customer and EGS is held liable for these, or (ii) EGS has justified claims against the customer (e.g., service fee, reimbursement of expenses, processing or transaction costs). Further claims remain unaffected.
(6) Deadline: If EGS receives the deposit back from the accommodation provider and there are no justified counterclaims, the payment will generally be made to the customer within 10 business days after receipt of payment by EGS.
9. Rules of use / house rules / prohibitions
(1) Accommodation is intended exclusively for professional/quiet use.
(2) The following are prohibited in particular:
a) Subletting/passing on keys without consent,
b) Overcrowding (more people than agreed),
c) Parties, events, significant noise, disturbance of third parties,
d) illegal activities, possession/use/trade of illegal substances,
e) animals/pets and smoking indoors, unless expressly permitted.
(3) In the event of violations, EGS may – depending on the severity – charge additional costs, refuse replacement accommodation, and/or terminate the contract without notice. The customer shall bear any claims made by the accommodation provider.
10. Defects / Malfunctions / Support (Coordination as Mediator)
(1) The customer or user must report defects, malfunctions, or deviations relating to the accommodation (e.g., defects, missing equipment, cleanliness, heating/hot water/Wi-Fi, noise, key problems) in writing immediately after discovery and, as far as possible, document them with suitable evidence (photo/video, time, brief description).
(2) EGS provides exclusively agency and organizational services. EGS is not the service provider for the accommodation. Rights in respect of defects and claims arising from the accommodation/rental/usage contract (e.g., reduction, substitute performance, compensation, termination) must therefore always be asserted against the respective accommodation provider.
(3) EGS supports the customer/user within the scope of its agency services by coordinating communication with the accommodation provider and striving for a pragmatic solution (e.g., organizing repairs, exchanging keys, coordinating appointments, clarifying invoices). A specific outcome (e.g., specific repair deadline, replacement accommodation, price reduction) is not owed unless expressly agreed in writing.
(4) The customer/user is obliged to take reasonable measures to mitigate damages and, if necessary, to allow the accommodation provider or EGS access/appointments to remedy the defect. Delays or additional costs resulting from a lack of cooperation shall be borne by the customer.
(5) Replacement accommodation shall only be owed if this is expressly agreed in the offer/contract. If EGS arranges alternative accommodation as a gesture of goodwill or due to organizational possibilities, this may result in price and service deviations; any additional costs shall be borne by the customer, unless EGS is responsible for the cause.
(6) Emergencies that could cause significant damage or safety risks (e.g., gas odor, water damage, fire, acute electrical hazard) must also be reported immediately to the local emergency/service centers and the accommodation provider. EGS can provide support in coordinating this, but does not replace emergency services.
11. Cancellation / Rebooking / No-Show / Early Termination (Agency – No Pre-Financing)
(1) Cancellations, partial cancellations, shortening of the rental period, rebookings, and changes to essential booking parameters (e.g., date, location, property, number of persons) must be made in writing and become effective at the time they are received by EGS (decisive: receipt by EGS).
(2) EGS is exclusively an agent/coordinator (see Section 3) and not a landlord/accommodation provider. The cancellation, no-show, change, and payment conditions of the respective accommodation provider apply to the accommodation. The customer shall bear all costs, fees, and claims of the accommodation provider arising from this.
(3) No pre-financing: EGS is not obliged to advance payments (e.g. rent, deposit, fees) from its own funds. Unless expressly agreed otherwise in writing, EGS will only make reservations/bookings binding once the necessary amounts (in particular rent/down payment/deposit/service fee) have been received in full by EGS from the customer.
(4) Payment processing via EGS: Insofar as EGS processes payments to the accommodation provider in individual cases (e.g., for simplified billing), this is done exclusively as a payment processor/collection agent. The customer remains liable to the accommodation provider for the accommodation costs. Debits/collections by the accommodation provider (including retroactive charges, e.g., cancellation, no-show, damage, or special cleaning costs) shall be borne in full by the customer.
(5) If, in individual cases, EGS nevertheless advances amounts to the accommodation provider or EGS is charged by the accommodation provider, the customer shall reimburse EGS for these amounts immediately as reimbursement of expenses. EGS is entitled to offset such amounts against (i) advance payments made, (ii) deposits/securities, or (iii) other credits of the customer and/or to invoice the customer; payment term: 3 calendar days from the invoice date.
(6) In addition to the accommodation provider's claims, the customer shall owe EGS a service fee for agency and organizational services as follows (per booking/property concerned), unless otherwise specified in the offer/contract:
a) Cancellation/change up to 21 days before check-in: EUR 250
b) Cancellation/change 20 to 8 days before check-in: 10% of the total price of the booking/period concerned, minimum EUR 250
c) Cancellation/change 7 to 3 days before check-in: 25% of the total price of the booking/period concerned, minimum EUR 500
d) Cancellation/change less than 72 hours before check-in or no-show: 35% of the total price of the booking/period concerned, minimum EUR 750.
The service fee is due immediately upon receipt of the cancellation/change by EGS and is payable regardless of whether the accommodation provider refunds any amounts or whether accommodation costs have already been paid. EGS is entitled to offset the service fee against advance payments, deposits/security deposits, or other credits.
(7) The customer is entitled to prove that EGS incurred lower costs or suffered less damage as a result of the cancellation/change. Conversely, EGS is entitled to prove that higher expenses or higher damages were incurred.
(8) Rebookings/changes will be coordinated by EGS where possible, but do not constitute a claim to availability, price level, or goodwill on the part of the accommodation provider. Rebookings can be treated as (1) a cancellation of the original booking and (2) a new booking; in this case, the provisions of this section apply accordingly.
(9) Refunds: A claim for a refund exists only to the extent that the accommodation provider actually refunds amounts. Refunded amounts will be paid to the customer as soon as EGS has received the refund, after deduction of (1) justified claims by the accommodation provider, (2) the service fee owed in accordance with paragraph (6), and (3) verifiable processing/transaction costs.
(10) Termination due to breach of duty: If the booking/occupancy is terminated or refused by the accommodation provider due to a breach for which the customer/user is responsible (e.g., overbooking, significant disturbance, illegal activities, non-payment), the customer shall bear all costs incurred as a result. In this case, there shall be no entitlement to a refund; any further claims by the accommodation provider shall be borne by the customer.
12. Liability (agency services)
(1) EGS shall be liable without limitation in cases of intent and gross negligence, as well as for damages resulting from injury to life, limb, or health. Mandatory liability under mandatory statutory provisions shall remain unaffected.
(2) In cases of simple negligence, EGS shall only be liable – regardless of the legal basis – for breaches of essential contractual obligations (cardinal obligations) arising from the agency and organization contract. In this case, liability shall be limited to foreseeable damage typical for this type of contract.
(3) EGS provides agency and organization services exclusively (see Section 3). EGS is therefore not liable for services, breaches of duty, service disruptions, or quality defects of the respective accommodation provider (e.g., availability, amenities, condition of the accommodation, utilities, interruptions, overbookings, terminations, cancellations, house rules, deposit or damage claims by the accommodation provider), insofar as EGS is not responsible for these.
(4) Information, photos, descriptions, equipment details, rules, and price and availability details are regularly provided by the accommodation provider or third parties. EGS does not guarantee this information. EGS is only liable if EGS can be proven to have culpably provided its own incorrect information or has not corrected it despite positive knowledge of significant inaccuracies.
(5) Insofar as EGS accepts payments (e.g., rent, deposit) as part of a payment processing service and forwards them to the accommodation provider, EGS shall only be liable for the proper processing and forwarding of such payments. EGS is not liable for the accommodation provider's performance of the contract or for the accommodation provider's proper handling of payments/deposits, provided that EGS has forwarded them properly.
(6) EGS's liability for indirect damages, consequential damages, and financial losses such as lost profits, loss of production, business interruption, contractual penalties, or other indirect damages is excluded to the extent permitted by law.
(7) The customer is obliged to take reasonable measures to mitigate damages and to assist EGS in clarifying the facts (e.g., immediate notification, provision of evidence/photos).
13. Force majeure
(1) Events of force majeure (e.g., natural disasters, war, strikes, official measures, failures of critical infrastructure) release the parties from their performance obligations for the duration and scope of the effects.
(2) Services already rendered shall be remunerated; further claims shall not exist, to the extent permitted by law.
14. Confidentiality / References
(1) Both parties shall treat all information from the cooperation that is not publicly known as confidential.
(2) EGS may only use the customer as a reference (name/logo/project description) after express approval in writing.
15. Data protection
The current privacy policy on the EGS website applies. Personal data will be processed in accordance with the applicable data protection regulations.
16. Final provisions / Choice of law / Place of jurisdiction
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods, to the extent permitted.
(2) The place of jurisdiction for all disputes arising from or in connection with the contract is – to the extent permitted – the registered office of EGS (Sachsenheim).
(3) The customer is only entitled to set-off and retention rights with undisputed or legally established claims.
(4) Amendments and supplements must be made in writing, unless a stricter form is required by law.
(5) Should any provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a valid provision shall be deemed to have been agreed which comes closest to the economic purpose.