General terms and conditions / accommodation contract
for FeWo Chen - Neuhausen / Spree
As of October 15, 2019 (The German version is original and used)
- hereinafter referred to as "apartment system" -
1.1 The following general terms and conditions apply to contracts for the rental rental of apartments and rooms, accommodation and conferences, as well as all other services and deliveries of the apartment system for the guest.
1.2 Deviating regulations are only valid if they have been individually agreed between the apartment system and the guest.
Conclusion of the contract
2.1 Accommodation contract is concluded when the guest submits an application (booking) that is accepted by the apartment system. Acceptance takes place through confirmation of the booking.
The booking is confirmed in writing or by email.
2.2 If the booking is made by a third party for the guest, he is liable to the apartment facility together with the guest as joint and several debtor for all obligations arising from the accommodation contract, provided the apartment facility has a corresponding declaration from the third party.
2.3 The subletting and subletting of the rented rooms / apartments and their use for purposes other than accommodation require the prior written consent of the apartment system.
Prices and services
3.1 The apartment system is obliged to keep the rooms / apartments booked by the guest available in accordance with these general terms and conditions and to provide the agreed services.
3.2 The guest is obliged to pay the prices of the apartment system that apply or have been agreed upon for the provision of rooms and the other services used. This also applies to services and expenses of the apartment system towards third parties arranged by the guest or the customer.
3.3 The agreed prices include the respective statutory value added tax.
3.4 The prices can be changed by the apartment if the guest subsequently wishes to change the number of rooms / apartments booked, the service of the apartment or the length of stay of the guests, and the apartment agrees.
3.5 Invoices of the apartment system are payable immediately after receipt without deduction.
The delay begins if the guest does not make payment within 7 days after the due date and receipt of an invoice; this applies to a guest who is a consumer only if these consequences have been specifically indicated in the invoice. In the event of late payment, the apartment system is entitled to charge late payment interest to consumers at a rate of 5% above the base rate. In business transactions, the default interest rate is 8% above the base rate. The apartment system reserves the right to claim higher damages. For each reminder after the default occurs, the apartment system can charge a reminder fee of EUR 5.
3.6 The apartment complex is entitled to request a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and its due date can be agreed in writing in the contract. The apartment is also entitled to call in any accrued claims at any time during the guest's stay in the apartment by issuing an interim invoice and to demand immediate payment.
3.7 The guest can only offset or reduce an undisputed or legally established claim against a claim of the apartment.
Services not used, cancellation, resignation of the guest
4.1 The apartment system grants the guest the right to withdraw at any time. The following provisions apply:
- If the guest withdraws from the booking, the apartment complex is entitled to reasonable compensation.
- The apartment complex has the option to claim a cancellation fee from the guest instead of a specifically calculated compensation. The cancellation fee is 90% of the contractually agreed price for overnight stays without meals if it has not been canceled up to 30 days before arrival. Cancellations up to 31 days before arrival can be canceled free of charge. The guest is free to prove that the apartment system is not damaged or that the apartment system damage is lower than the required compensation flat rate.
- If the apartment system specifically calculates the compensation, the amount of the compensation is max. the amount of the contractually agreed price for the service to be provided by the apartment, minus the value of the expenses saved by the apartment and what the apartment acquires through other uses of the services.
4.2 The above regulations on compensation apply accordingly if the guest does not make use of the booked room / apartment or the booked services without informing the apartment system in good time.
4.3 The right to compensation does not apply if the apartment has given the guest an option in the contract to withdraw from the contract within a certain period without further legal consequences, the apartment has no right to compensation. Decisive for the timeliness of the cancellation declaration is its receipt at the apartment system. The guest must declare the withdrawal in writing.
Cancellation of the hotel
5.1 If the guest in the accommodation contract has been granted a free right of withdrawal in accordance with section 4.1, the apartment system is also entitled to withdraw from the contract within the agreed period.
5.2 If an advance payment or security deposit agreed in accordance with Section 3.6 is not made within a period set for this purpose, the apartment system is also entitled to withdraw from the contract.
5.3 A right of withdrawal from the contract for an important reason is not affected. There is especially if
- Force majeure or other circumstances for which the apartment system is not responsible make it impossible to fulfill the contract;
- Rooms / apartments with misleading or false information about essential facts, e.g. B. regarding the person of the guest or the purpose;
- the apartment complex has reasonable grounds to believe that the use of the services can jeopardize the smooth running of the business, the security or the reputation of the apartment in public, without this being attributed to the domain or organizational area of the apartment is;
- there is an unauthorized subletting or subletting in accordance with Section 2.3;
- there is a case of Clause 6.3;
- The apartment system becomes aware of circumstances that the guest's financial situation has deteriorated significantly after the contract was concluded, especially if the guest does not settle due claims of the apartment system or does not offer sufficient security and therefore payment claims of the apartment system appear to be at risk;
- the guest applies for the opening of insolvency proceedings, has given an affidavit under § 807 of the Code of Civil Procedure, has initiated an extrajudicial procedure for debt settlement or has stopped making payments;
- insolvency proceedings are opened against the property of the guest or the opening of the guest is refused due to lack of assets or for other reasons.
5.4 The apartment complex must immediately inform the guest in writing of the exercise of the right of withdrawal.
5.5 In the aforementioned cases of withdrawal, the guest is not entitled to compensation.
Arrival and departure
6.1 The guest is not entitled to the provision of certain rooms / apartments, unless the apartment has confirmed the provision of certain rooms / apartments.
6.2 Booked rooms / apartments are available to the guest from 3:00 p.m. on the agreed arrival date. The guest is not entitled to earlier provision.
6.3 Booked rooms / apartments are to be used by the guest no later than 6:00 p.m. on the agreed arrival date. Unless a later arrival time has been expressly agreed, the apartment system has the right to otherwise allocate booked rooms / apartments after 7:00 p.m., without the guest being able to derive compensation claims from this. The apartment system has a right of withdrawal.
6.4 On the agreed day of departure, the rooms / apartments of the apartment must be vacated and made available by 10:00 a.m. at the latest. After that, the apartment system can invoice 50% of the daily room price for the additional use of the room / holiday apartments until 4:00 p.m., from 4:00 p.m. 100% of the full valid accommodation price. The guest is free to prove to the apartment system that no or significantly less damage has occurred.
6.5 Rooms / apartments are to be handed over swept clean on the day of departure. Kitchens must be left in a neat and clean condition. Dishes and electrical appliances must be treated with care. If there is no handover in a swept-clean condition, the apartment system is entitled to invoice the cleaning effort retrospectively. For this, an hourly rate of € 25.00 is charged.
7.1 The apartment system is liable in cases of intent or gross negligence in accordance with the statutory provisions. The apartment system is only liable for slight negligence due to injury to life, limb or health or due to the violation of essential contractual obligations. The claim for damages for the slightly negligent violation of essential contractual obligations is, however, limited to the contract-typical, foreseeable damage, unless there is liability for injury to life, limb or health. The organizer is liable to the same extent for the fault of vicarious agents and representatives.
7.2 The regulation of the previous paragraph (8.1) extends to compensation in addition to the performance, the compensation instead of the performance and the claim for compensation due to futile expenses, for whatever legal reason, including liability for defects, delay or impossibility.
7.3 If the guest is provided with a parking space, there is no obligation to monitor the apartment system, unless this has been agreed individually in writing in a storage contract.
7.4 Wake-up orders are carried out by the apartment system with the greatest care. Claims for damages, except for gross negligence or intent, are excluded.
7.5 Messages, mail and consignments for guests are handled with care. The apartment system takes care of delivery, storage and - on request - forwarding for a fee, as well as on request for lost property. Claims for damages, except for gross negligence or intent, are excluded. The apartment complex is entitled to hand over the aforementioned items to the local lost property office after a one-month storage period at the latest, charging a reasonable fee.
7.6 The limitation of the claims of the guest takes place according to the legal regulations.
The law of the Federal Republic of Germany.