1. Scope
1.1. These terms and conditions apply to contracts for the rental of guest rooms and apartments - hereinafter referred to as "rooms" - for accommodation as well as for all other services and deliveries provided by the guesthouse.
1.2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the guesthouse.
1.3. The customer's terms and conditions only apply if this has been agreed in advance.
1.4. Non smoking room
Our rooms in the Pension Zeitlos are strictly non-smoking rooms. Should guests nevertheless smoke in the room, we will share the cleaning costs (curtains, furniture, carpets, etc.) with the room guest with 80 euros. If the room cannot be rented because of the strong smell of smoke, despite cleaning, an additional night will be charged according to the hotel rate
2. Conclusion of contract, partners, liability; statute of limitations
2.1. The contract is concluded when the guesthouse accepts the customer's application. The pension is free to confirm the room booking in writing.
2.2. Contractual partners are the hotel and the customer. If a third party has ordered for the customer, he is liable to the guesthouse together with the customer as joint debtor for all obligations arising from the guest accommodation contract, provided that the guesthouse has a corresponding declaration from the third party.
2.3. The pension is liable for its obligations under the contract. In the non-typical area, liability is limited to intent and gross negligence on the part of the guesthouse.
2.4. The limitation period for all customer claims is 6 months.
2.5. This limitation of liability and short limitation period apply in favor of the guesthouse even in the event of a breach of obligations when initiating the contract and a positive breach of contract.
3. Service, prices, payments, offsetting
3.1. The guesthouse is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2. The customer is obliged to pay the applicable or agreed prices of the guesthouse for the rooms provided and for other services used. This also applies to services and expenses of the pension to third parties caused by the customer.
3.3. The agreed prices include the respective statutory VAT. If the period between the conclusion of the contract and the fulfillment of the contract exceeds 4 months and if the price generally charged by the guesthouse for such services increases, then this can increase the contractually agreed price appropriately, but by no more than 10%.
3.4. The guesthouse can also change the prices if the customer subsequently requests changes to the number of booked rooms, the guesthouse's performance or the length of stay of the guests and the guesthouse agrees to this.
3.5. Pension invoices without a due date are payable within 7 days of receipt of the invoice without deduction. The pension is entitled to make accrued claims due at any time and to demand immediate payment. In the event of late payment, the pension is entitled to charge interest at a rate of 4% above the respective discount rate of the Deutsche Bundesbank. The customer reserves the right to prove a lower damage, the Pension reserves the right to prove a higher damage.
3.6. The guesthouse is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
3.7. The customer can only offset or reduce a claim against the pension with an undisputed or legally binding claim.
4. Withdrawal by the customer (cancellation, cancellation)
4.1. A cancellation by the customer of the contract concluded with the pension requires the written consent of the pension. If this does not happen, the agreed price from the contract must be paid even if the customer does not use the contractual services. This does not apply in cases of delay in performance by the pension or in the impossibility of providing the service for which it is responsible.
4.2. In the case of rooms not used by the customer, the pension must offset the income from renting the room to other parties and the saved expenses.
4.3. The guesthouse is free to flat-rate the damage incurred and to be compensated by the customer. The customer is then obliged to pay the following rates of the contractually agreed price for overnight stays:
up to 31 days before departure: 10% of the travel price
from the 30th to the 21st day before departure: 20% of the travel price
from the 20th to the 12th day before departure: 30% of the travel price
from the 11th to the 3rd day before departure: 70% of the travel price
from the 3rd day before the start of the trip and in the event of no-show: 90% of the travel price
but at least € 20 per person
The customer is free to prove that no damage has occurred or that the damage caused to the guesthouse is lower than the flat rate required.
5. Withdrawal from pension
5.1. If an agreed advance payment is not made even after a reasonable period of grace set by the pension has expired with the threat of rejection, the pension is entitled to withdraw from the contract.
5.2. Furthermore, the pension is entitled to withdraw from the contract for a materially justifiable reason, for example if force majeure or other circumstances for which the pension is not responsible make it impossible to fulfill the contract;
Zimmer with misleading or false statements of material facts, e.g. B. in the person of the customer or the purpose;
the pension has justified reason to assume that the use of the pension benefit can jeopardize the smooth running of business, the security or the reputation of the pension in public, without this being attributable to the area of control or organization of the pension;
there is a violation of point 1, scope, paragraph 2.
5.3. The pension has to inform the customer immediately about the exercise of the right of withdrawal.
5.4. In the case of a justified cancellation of the pension, the customer is not entitled to compensation.
6. Room availability, handover and return
6.1. The customer does not acquire the right to be provided specific rooms.
6.2. Booked rooms are available to the customer from 3 p.m. on the agreed day of arrival. The customer has no right to earlier availability.
6.3. If the customer takes up booked rooms late or gives up the use before the contract expires, he has to compensate the guesthouse for the damage incurred as described under point 4 withdrawal by the customer.
6.4. On the agreed day of departure, the guesthouse's rooms must be vacated by 11:00 a.m. at the latest. After that, the guesthouse can charge 50% of the full accommodation price (list price) for the additional use of the room up to 4 p.m. and 100% after 4 p.m. The customer is free to prove to the pension that no or a significantly lower damage has occurred.
6.5. If the guesthouse does not make booked rooms available to the customer for reasons for which it is responsible, the guesthouse is entitled to assign the customer to another, comparable accommodation in another house. The guesthouse only bears any additional costs between the agreed accommodation price and the actual room price of the alternative accommodation. If the customer refuses accommodation in another house, his claims expire. Further claims by the customer are excluded.
7. Pension liability
7.1. The pension is liable for the diligence of a prudent businessman. In the non-typical area, however, this liability is limited to performance deficiencies, damage, consequential damage or disruptions that are attributable to intent or gross negligence on the part of the guesthouse. Should disruptions or defects in the services of the guesthouse occur, the guesthouse will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
7.2. The guesthouse is liable to the customer for items brought in according to the statutory provisions, which is up to a hundred times the room price, at most € 1,000.00. Liability claims expire if the customer does not report the loss, destruction or damage to the pension immediately after gaining knowledge of it (§703 BGB).
7.3. The statutory provisions apply to the unlimited liability of the pension.
7.4. If the customer is provided with a parking space in the garage or carport or in a parking lot, even for a fee, this does not result in a custody agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the pension property and their contents, the pension is not liable, except in the case of intent or gross negligence. This also applies to vicarious agents of the pension.
7.5. Wake-up calls are carried out by the pension with the greatest care. Claims for damages, except due to gross negligence or intent, are excluded.
7.6. Messages, post and consignments for the guests are treated with care. The pension takes over the delivery, storage and - on request - the forwarding of the same for a fee. Claims for damages, except due to gross negligence or intent, are excluded.
8. Final Provisions
8.1. Changes or additions to the contract, the acceptance of applications or these terms and conditions for guest accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
8.2. Place of fulfillment and payment is the domicile of the pension.
8.3. The exclusive place of jurisdiction - also for disputes over checks and bills of exchange - is the registered office of the pension in commercial transactions. If a contractual partner meets the requirements of §38 paragraph 1 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the seat of the pension.
8.4. German law applies.
8.5. Should individual provisions of these general terms and conditions for guest accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.