The following text was translated using a translation tool. We apologize for any translation errors.
1 Scope of application:
1.1.
These terms and conditions apply to contracts for the rental of apartments
1.2.
Guests’ terms and conditions shall only apply if this has been agreed in writing in advance.
1.3.
The written form shall also apply if correspondence is sent by email. The other contracting party must provide its name, telephone number and full address.
2 Conclusion of contract, partners, liability, statute of limitations:
2.1.
The contract is concluded when the landlord (Anna Schöning, hereinafter referred to as the landlord) accepts the guest’s enquiry/application. The conclusion of the contract obliges the contracting parties to fulfill the contract, regardless of the duration of the contract. The contract cannot be terminated unilaterally. The landlord is entitled to request the room booking in writing. A written confirmation of acceptance of the contract and consideration of these GTCs shall then be issued.
2.2.
The contractual partners are the landlord and the guest. If a third party has ordered on behalf of the guest, he shall be liable together with the guest as joint and several debtor for all obligations arising from the contract.
3 Services, price, payment, offsetting,
3.1.
The landlord is obliged to keep the rooms booked by the guest available and to provide the agreed services.
3.2.
The guest is obliged to pay the agreed prices for the provision of the room and the other services used by him. The price at the time the contract is concluded shall be decisive.
3.3
The agreed prices include the respective statutory value added tax. Other taxes such as guest tax, tourism or cultural promotion tax (so-called “bed tax”) or similar are not included in the price. These taxes must be paid by the guest in addition to the accommodation price.
3.4
The landlord is entitled to change the price if the guest subsequently wishes to change the number of rooms booked or the length of stay of the guests and the landlord agrees to this.
3.5.
The landlord is entitled to demand an appropriate advance payment or the full rental amount upon conclusion of the contract. The amount of the advance payment and the date of payment must be agreed in writing. The agreed sum must be transferred to the landlord’s account by the agreed date. Otherwise there is no entitlement to fulfillment.
3.6
Reservations of function rooms (recreation room or similar) are only available to the guest at the agreed time. Use of the function rooms beyond the agreed period requires the consent of the landlord.
3.7.
The guest shall be liable for the careful treatment of the facility and shall indemnify the landlord against all third-party claims arising from the provision of the facility.
4 Withdrawal by the customer (cancelation/cancellation)
4.1.
Withdrawal by the guest from the contract concluded with the landlord requires the landlord’s written consent. If this is not given, the agreed price from the contract must be paid even if the guest does not make use of the contractual service.
4.2
If a date for withdrawal from the contract has been agreed in writing between the landlord and the guest, the guest may withdraw from the contract up to that date without triggering payment or compensation claims by the landlord. The guest’s right of withdrawal expires if he does not exercise his right of withdrawal in writing to the landlord by the agreed date, unless there is a case of delay in performance on the part of the landlord or an impossibility of performance for which the landlord is responsible.
4.3.
If the guest does not make use of the rooms provided, the landlord shall offset the income from renting the rooms to other parties as well as saved expenses.
If a guest does not accept contractual services that he had ordered and reserved in advance, he remains obliged to pay the agreed price as follows:
Cancellation up to 31 days before arrival: free of charge
Cancellation 30 to 21 days before arrival: 15% of the agreed accommodation price
Cancellation 20 to 14 days before arrival: 30% of the agreed accommodation price
Cancellation 13 to 4 days before arrival: 40% of the agreed accommodation price
Cancellation 3 to 2 days before arrival: 60% of the agreed accommodation price
Cancellation less than 2 days before arrival: 80% of the agreed accommodation price
In case of no-show: 100% of the agreed accommodation price
5. rescission lessor
5.1.
If an agreed advance payment is not made even after a reasonable deadline set by the landlord has expired, the landlord may withdraw from the contract.
5.2.
The Lessor is entitled to withdraw from the contract extraordinarily for objectively justified reasons if
5.2.1.
Force majeure or other circumstances for which the Lessor is not responsible make it impossible to fulfill the contract.
5.2.2.
Rooms are booked under misleading or false statements of material facts, e.g. concerning the person of the guest or the purpose.
5.2.3.
the Landlord has reasonable grounds to believe that the use of the service may jeopardize the smooth operation, safety or public reputation of the building.
5.2.4.
there is a delay in payment (see P. 8.2.) and the Landlord has justified doubts as to whether the previous invoices will be paid.
5.3.
the landlord must inform the guest of the exercise of the right of withdrawal immediately, if possible in writing.
5.4
In the event of justified withdrawal by the landlord, the guest shall not be entitled to compensation.
5.5.
The landlord may provide the contractual partner or the guests with adequate substitute accommodation (of the same quality) if this is reasonable for the contractual partner, especially if the deviation is minor and objectively justified.
5.6
An objective justification is given, for example, if the room
has become unusable, guests already accommodated extend their stay, there is an overbooking or other important operational measures necessitate this step.
5.7 Any additional expenses for the replacement accommodation shall be borne by the landlord.
6. provision and return of rooms
6.1
The guest is not entitled to the provision of specific rooms, unless this has been agreed. The Landlord shall generally endeavor to provide rooms in accordance with requirements. If this is not possible, the landlord is obliged to procure an appropriate, equivalent replacement
6.2
The rooms can be taken over from 15:00. Earlier arrivals must be agreed in advance by telephone.
6.3
The rooms must be vacated by 11.00 a.m. on the agreed departure date. Late vacating must be agreed in advance. Otherwise 50% of the list price or the proven damage to the guesthouse must be paid.
6.4
Smoking is strictly prohibited in the entire house. If this rule is violated, a cleaning fee of Euro 100.00 plus VAT will be charged per day of use.
6.5.
Additional guests and parties are not permitted. The statutory rest periods must be observed.
6.6.
Photo shoots and video shoots in the apartments and in the house, as well as the publication of recordings made there, are not permitted unless this has been expressly agreed in writing in advance. (Any additional costs are to be borne).
7 Liability
7.1.
The landlord accepts no liability for theft from the generally accessible rooms. Liability can only be assumed in the room if proof of gross negligence is provided by the landlord. No liability is accepted for valuables, jewelry, cash, etc.. The guest is responsible for providing proof.
7.2
Should disruptions or defects in the services occur, the landlord will endeavor to remedy the situation immediately upon becoming aware of them. The guest is obliged to help remedy the fault and minimize any possible damage.
8 Legal modalities
8.1
Invoices are due immediately upon receipt and without deduction of discount.
8.2
If payment is delayed by more than 30 days, the landlord is entitled to charge interest on arrears at a rate of 5% above the discount rate of the European Central Bank.
9. final provisions
9.1.
Amendments or additions to the contract, the acceptance of the application, or these terms and conditions for rental accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.
9.2
The place of performance and payment is Wurzner Str. 10, 04315 Leipzig, Germany
9.3
German law shall apply
9.4
Should individual provisions of the General Terms and Conditions for Rental Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply
9.5.
A copy of the General Terms and Conditions will be sent to the guest on request and is part of the homepage www.zeitraum10.de.
Leipzig, March 04, 2020
