GENERAL TERMS AND CONDITIONS OF BUSINESS FOR THE ACCOMMODATION AGREEMENT (DATE: October 2018)
1. SCOPE OF APPLICATION
The terms and conditions ("T&Cs") apply to agreements for the rented provision of apartments for accommodation ("accommodation agreement") and to all further services and supplies rendered for the guest by the sylc. apartment hotel ("accommodation company").
The present T&Cs shall apply exclusively. Deviating regulations shall require written form and shall be agreed in writing on the part of the accommodation company, even if contained in the guest's or the orderer's T&Cs (which are expressly contradicted at this point).
2. CONCLUSION OF AGREEMENT, CONTRACTING PARTIES, ORDERER'S LIABILITY, SUB- AND FURTHER RENTAL
The term "accommodation agreement" entails and replaces the following terms: hotel accommodation, guest accommodation, hotel and hotel room agreement. In this context, the way in which the agreement has come about is inconsiderable (making use of means of remote communication such as letters, faxes, telephone calls, e-mails, messages transmitted via mobile telephone services (SMS text messages), telemedia (contract in electronic business dealings) or in simultaneous physical presence of the guest or the orderer and a representative or vicarious agent of the accommodation company).
Offers by the accommodation company shall be subject to change without notice and non-binding until the agreement has been concluded. The accommodation agreement shall come about by acceptance of the guest's application by the accommodation company. The accommodation company shall be free to confirm the booking of the apartment in a textual form. If a booking confirmation is no longer possible for reasons of time, the accommodation agreement shall come about by provision of the apartment.
The contracting parties are the accommodation company and the guest. If a third party has ordered for the guest ("orderer"), the latter shall be responsible towards the accommodation company for all the obligations from the accommodation agreement as a joint and several debtor together with the guest to the extent that a matching declaration by the orderer is available to the accommodation company.
The conclusion of the accommodation agreement obligates the contracting parties to performance of the agreement, regardless of the term for which the agreement has been concluded.
Sub- and further rental of the apartment provided and its use for purposes other than accommodation shall require prior written consent from the accommodation company. § 540, subsection 1, sentence 2, German Civil Code, does not apply to the extent that the guest is not a consumer. The same shall apply to occupancy of the apartment with more than the booked number of persons. In such a case, the accommodation company shall be entitled to demand a matching adaptation of the price.
3. SERVICES, PRICES, PAYMENT, DEPOSIT, OFFSET, REDUCTION OF PRICE, RIGHT OF RETENTION
The accommodation company is obliged to provide the apartments booked by the guest or an equivalent replacement and to render the agreed services.
The guest is obliged to pay the accommodation company's prices valid or agreed for the provision of the apartment and the further services used by him. This shall also apply to the services arranged for by the guest and the accommodation company's expenditure to third parties.
The agreed prices shall include the statutory value added tax valid at the time in question and the cultural and tourism charges. If the statutory value added tax is changed or if local charges on the subject matter of the services are introduced, changed or done away with following the conclusion of the agreement, the prices shall be adapted accordingly. If the period between the conclusion and the performance of the agreement exceeds four months and if the price calculated for such services in general by the accommodation company increases, the latter can raise the contractually agreed price suitably, albeit by no more than 5%.
The prices can further be changed by the accommodation company if the guest subsequently requests changes to the number of apartments booked, the service by the accommodation company or the guests' term of accommodation and the accommodation company agrees to this.
The accommodation company's invoices without a maturity date shall be due for payment without deduction immediately after receipt of the invoice. In the event of an agreement that the payment is owed by a third party, the invoice shall be settled without delay following receipt, although the guest in question shall be personally liable for the payment. The accommodation company shall be entitled to make receivables due for payment at any time and to demand payment without delay. In arrears in payment, the accommodation company shall be entitled to demand the statutory default interest valid at the time in question (currently 9 percentage points above the base rate of interest at the time or for legal transactions in which a consumer is involved 5 percentage points above the base rate of interest at the time).The right to claim damages exceeding this shall remain expressly reserved.
The accommodation company shall be entitled to demand a suitable advance payment or deposit, for example in the form of a credit card guarantee, at conclusion of the agreement or thereafter. The amount of the advance payment or deposit and the payment dates can be agreed in a textual form in the agreement. The accommodation company shall be entitled to partial or total reservation of the claims to payment resulting from the agreement on the credit card stated by the guest or the orderer before the guest's arrival; this shall not result in a booking of the amount.
The guest can only offset or exercise a right of reduction of price or retention against a claim by the accommodation company with an undisputed or legally effective claim. The guest's right to sue for repayment of excess payments shall remain unaffected.
In the event of the transfer of an amount of money to the accommodation company being done by the guest from a foreign country, the guest shall bear the costs caused by the foreign transfer.
4. WITHDRAWAL BY THE GUEST (WITHDRAWAL OF ORDER, CANCELLATION) / NON-USE OF THE ACCOMMODATION COMPANY'S SERVICES (NO-SHOW)
Withdrawal from the agreement concluded with the accommodation company by the guest shall only be possible if a right of withdrawal has expressly been stipulated in the agreement, a statutory right of withdrawal exists or the accommodation company expressly agrees to cancellation of the agreement. The agreement of a right of withdrawal and all and any agreement to a cancellation of the agreement must be done in a textual form in each case.
If a right of withdrawal has not been agreed or has already expired and if no statutory right of withdrawal or termination exists and if the accommodation company does not agree to a cancellation of the agreement, the accommodation company shall retain the claim to the agreed remuneration despite non-use of the service. The accommodation company shall offset the income from other rented provision of the apartment and the saved expenditure. If the apartments are not further rented, the accommodation company shall be free to demand the remuneration agreed in the agreement and to state a lump-sum for the saved expenditure. However, the guest or orderer, as the case may be, shall be allowed to prove that the accommodation company has suffered no or less damage.
For bookings of up to 6 overnight stays per apartment, free-of-charge cancellation shall be possible up to 24 hours before the agreed use of the booked apartments and/or services ("arrival"). In the event of shorter-term cancellations or if the booked apartment and/or services are not used without a prior cancellation ("no-show"), the guest's or orderer's payment obligation shall be reduced to 90% of the first night. Curtailment of the agreed term of stay shall be possible free of charge up to 1 day before departure. In the event of shorter-term curtailments of the agreed term of stay, the guest's or orderer's payment obligation shall be reduced to 90% of one night.
For bookings of 7 - 14 overnight stays per apartment, free-of-charge cancellation shall be possible up to 2 days before arrival. In the event of shorter-term cancellations or no-show, the guest's or orderer's payment obligation shall be reduced to the first 3 nights. Curtailment of the agreed term of stay shall be possible free of charge up to 3 days before departure. In the event of shorter-term curtailments of the agreed term of stay, the guest's or orderer's payment obligation shall be reduced to the first 3 nights.
For bookings of 15 - 28 overnight stays per apartment, free-of-charge cancellation shall be possible up to 6 days before arrival. In the event of shorter-term cancellations or no-show, the guest's or orderer's payment obligation shall be reduced to the first 8 nights. Curtailment of the agreed term of stay shall be possible free of charge up to 8 days before departure. In the event of shorter-term curtailments of the agreed term of stay, the guest's or orderer's payment obligation shall be reduced to the first 8 nights.
For bookings of 29 and more overnight stays per apartment, free-of-charge cancellation shall be possible up to 10 days before arrival. In the event of shorter-term cancellations or no-show, the guest's or orderer's payment obligation shall be reduced to the first 14 nights. Curtailment of the agreed term of stay shall be possible free of charge up to 14 days before departure. In the event of shorter-term curtailments of the agreed term of stay, the guest's or orderer's payment obligation shall be reduced to the first 14 nights.
|Number of reduced overnight stays||Notification period in each case by 11 a.m. at the latest||In the event of non-compliance with the notification period, these cancellation fees shall apply:|
|Up to 6 nights||on the day before planned departure||90 % of 1 night|
|7 to 14 nights||3 days before planned departure||3 nights|
|15 to 28 nights||8 days before planned departure||8 nights|
|29 or more nights||14 days before planned departure||14 nights|
|Number of cancelled overnight stays||Notification period in each case by 3 pm. at the latest||In the event of non-compliance with the notification period, these cancellation fees shall apply:|
|Up to 6 nights||on the day before planned arrival||90 % of 1 night|
|7 to 14 nights||2 days before planned arrival||3 nights|
|15 to 28 nights||6 days before planned arrival||8 nights|
|29 or more nights||10 days before planned arrival||14 nights|
5. WITHDRAWAL/EXTRAORDINARY TERMINATION WITHOUT NOTICE BY THE ACCOMMODATION COMPANY
To the extent that a free-of-charge right of withdrawal by the guest within a certain period has been agreed in textual form, the accommodation company for its part shall be entitled to withdraw from the contract in this period if inquiries from other guests for the apartments booked contractually exist and the guest does not waive his right to withdrawal following an inquiry by the accommodation company.
If an advance payment or deposit agreed according to Section 3.6 is not made even after the expiry of a suitable period of grace set by the accommodation company, the accommodation company shall likewise be entitled to withdraw from the contract.
Further, the accommodation company shall be entitled to withdraw from the contract for an objectively justified reason, for example if
The accommodation company shall be entitled to extraordinary termination for good and sufficient reason, in particular if
The accommodation company shall inform the guest of the exercising of the right of withdrawal/termination without delay.
Withdrawal and termination shall require written form. In the event of justified withdrawal by the accommodation company, no claim to damages shall originate for the guest.
6. PROVISION, HAND-OVER AND RETURN OF THE APARTMENT, LOSS OF KEY CARD, EXCESSIVE MESS, DAMAGE, PETS, BAN ON SMOKING
The guest shall acquire no claim to the provision of specific apartments or general furnishing features of the apartments to the extent that this has not been expressly agreed.
Booked apartments shall be at the guest's disposal from 3 p.m. on the agreed date of arrival. The guest shall have no claim to earlier provision. Upon arrival, the guest shall be obliged to fill in and to sign the police registration documents with his personal data.
On the agreed date of departure, the apartments shall be cleared and provided to the accommodation company by 11 a.m. at the latest. After this, the accommodation company can charge 50% of the price for lodging (list price) for the damage incurred by it for the additional use of the apartment until 4 p.m., 100% after 4 p.m.. The guest or the orderer, as the case may be, shall be free to prove that the accommodation company has incurred no or less damages.
If a key card which has been handed over is lost or not returned upon departure, a fee of 40.00 Euros shall be charged for this.
If the degree of mess in a cleared apartment is above the degree generally to be designated as normal, the accommodation company shall be entitled to settle a matching lump-sum for cleaning as extra costs. The guest shall be liable for the damage to the accommodation amenities caused by him, his accompaniers, his visitors or vicarious agents according to § 278, German Civil Code, and for additional cleaning costs incurred by failure to comply with the non-smoking directives.
Extension of the stay over and above the period agreed in the accommodation agreement shall only be possible following prior agreement with the accommodation company in good time. A claim to an extension of the agreement shall not exist as a matter of principle.
Damage in the accommodation company occurring during the stay shall be notified by the guest without delay. A damage report shall be produced by the accommodation company. If damage is established in the apartment after the guest's departure and the latter has failed to report it, the accommodation company reserves the right to charge the credit card which has been stated with collateral to a suitable amount.
Pets may only be brought in following prior written consent on the part of the accommodation company and at a charge.
Smoking is not permitted in the booked apartments and on the accommodation company's premises as a matter of principle. If the guest breaches the ban on smoking, he shall be obliged to indemnify the damage incurred by this to the accommodation company. In each case of a breach, a contract penalty to the amount of 200.00 Euros shall be due for payment.
7. LIABILITY OF THE ACCOMMODATION COMPANY, PRECLUSIVE PERIOD, BARRING
The guest's claims to damages, regardless of the nature (contractual or statutory) have been ruled out subject to the following regulations:
The accommodation company shall be liable according to the statutory provisions for all damage from an injury to life, limb or health and in the event of assumption of a guarantee and for defects which have been withheld maliciously. The accommodation company shall only be liable for all other damage not covered by the above regulation and caused by slightly negligent conduct by the accommodation company, its statutory representatives or vicarious agents if this damage is to be ascribed to a breach of an essential contractual duty, fulfilment of which only makes proper performance of the contract possible and in compliance with which the guest may regularly trust (cardinal or core duties). In such cases, the liability has been limited to the foreseeable damage typical for the contract. A breach of a duty by the accommodation company shall be equated to a breach of duty by its statutory representatives or vicarious agents. The exclusions and limitations of liability under this Section 7 shall however also apply to the accommodation company's liability for its executive organs, employees and vicarious agents and also to the personal liability of the accommodation company's executive organs, employees and vicarious agents.
If disturbances or defects occur in the accommodation company's services, the company shall endeavour to ensure rectification upon obtaining knowledge or in the event of a complaint by the guest without undue delay. The guest undertakes to contribute what can reasonably be expected of him in order to remedy disturbances and to keep possible damage slight.
The guest is obliged to notify all and any defects to the accommodation company without delay, albeit no later than departure. The guest's claims are to be made against the accommodation company in a textual form within one month of the end of the rendering of the services provided for in the agreement. After the expiry of this period, the guest can only make claims if he can prove that he has been prevented from complying with the period through no fault of his own. The guest's claims to damages on account of slightly negligent breaches of duties on the part of the accommodation company according to Section 7.1 have been ruled out if they are not made judicially by the accommodation company or its insurance company within 3 months of rejection of the claims.
Insofar as the guest wishes to take in cash, securities and valuables with a value of more than 800.00 Euros or other objects with a value of more than 3,500.00 Euros, this shall require a separate storage agreement with the accommodation company. If the guest and all and any accompaniers wish to leave the apartment, the guest shall be obliged to lock cash, securities and other valuables as well as laptops, tablets, Smartphones and other valuables with a value of up to 600.00 Euros, which he does not intend to take with him when leaving the apartment, in the apartment safe or not to leave the aforementioned objects in the apartment when he leaves it, if they have a value of more than 600.00 Euros or are not suited for placing in the apartment safe, but to take them with him and to deposit them at the accommodation company's reception for the duration of his absence. If the guest does not fulfil this obligation, he cannot object that the loss has not been caused by him alone in the event of a loss of the aforementioned objects.
The accommodation company shall be liable towards the guest for objects brought in according to the statutory provisions. In the event of damage or loss, the liability has been limited up to one hundred times the price of the apartment per day, albeit no more than 3,500.00 Euros. The amount of 800.00 Euros shall replace that of 3,500.00 Euros in the event of cash, precious objects and valuables. Objects or materials which the guest leaves in generally accessible rooms of the accommodation company, also in technical amenities and event rooms, shall only be deemed brought in if they are expressly taken into custody by an employee of the accommodation company. What the guest entitled from the agreement has brought in shall be deemed brought into the apartments. A liability of the accommodation company for objects which have not been brought in has been ruled out.
The claims from liability shall expire if the guest does not notify the accommodation company of loss, destruction or damage without delay after obtaining knowledge (§ 703, sentence 1, German Civil Code). This shall not apply of the objects have been taken into custody by the accommodation company or if the loss, destruction or damage has been caused by the accommodation company or its employees or vicarious agents.
To the extent that a parking space in the accommodation garage or on the accommodation parking space is provided to the guest, no custody agreement shall originate as a result. If vehicles parked or moved on the accommodation property and their contents are lost or damaged, the accommodation company shall only be liable according to the provisions of Section 7.1 above. The accommodation company shall have no monitoring obligation.
Messages, post and deliveries for the guests shall be treated with care. The accommodation company assumes service, custody and - if required - forwarding of the same at a charge, the aforementioned regulations shall apply accordingly. No custody agreement shall originate as a result.
The guest shall be liable for all damage which he himself, his employees or his visitors have culpably caused in the accommodation company or to the inventory.
No liability is assumed for lost property. It shall be forwarded at a charge following an inquiry by the guest and at the latter's risk and expense. The accommodation company engages to archiving for 6 months. After this period, the objects shall be passed on to the local lost property office to the extent that a recognisable value exists.
To the extent that the accommodation company procures outside services, technical or other amenities from third parties for the guest, it shall act on the guest's behalf and for his account. The guest shall be liable for gentle treatment and proper return of the objects and shall indemnify the accommodation company against all third parties' claims from the provision of the objects.
All claims against the accommodation company shall be barred by limitation within one year from the statutory start of barring as a matter of principle. This shall not apply to claims to damages and other claims to the extent that the latter are based on a deliberate or grossly negligent breach of duties by the accommodation company.
8. GUEST'S LIABILITY
The guest is obliged to treat the premises and furnishings gently. Notwithstanding further claims, the guest shall be liable for
The aforementioned list serves clarification and is not final and absolute. Claims by the accommodation company exceeding this may exist.
9. VIDEO MONITORING
Individual areas of our house are video monitored and marked accordingly. The guest always has the possibility of obtaining information about the nature and the scope and duration of the storage of the video recordings and the purposes for which they have been produced upon inquiry at the reception or the hotel management.
10. FINAL PROVISIONS
Amendments and addenda to the accommodation agreement, the application acceptance or the general T&Cs shall require textual form. This shall also apply to a cancellation of this requirement of textual form. Unilateral amendments or addenda by the guest or orderer shall be ineffective.
Place of performance and payment is the accommodating company's registered office.
10.3 German law shall prevail. Application of UN purchase law and the law of collisions has been ruled out.
The exclusive place of jurisdiction - also for disputes concerned with cheques and bills - shall be the accommodating company's registered office in commercial dealings. To the extent that one contracting party does not have a general place of jurisdiction in Germany, the accommodating company's registered office shall be deemed the place of jurisdiction.
If individual provisions of these General Terms and Conditions or of the accommodation agreement are or become ineffective or null and void, the validity of the remaining provisions shall not be affected. In such a case, the contracting parties undertake to replace the ineffective or null and void provision by an effective provision matching the commercial purpose of the ineffective or null and void provision. The same shall apply accordingly in the event of a loophole in a regulation in these General Terms and Conditions or of the accommodation agreement. Apart from this, the statutory provisions shall apply.