Terms of Service
for accommodation in the Mr. & Mrs. President Apartments, Domplatz 32, 99084 Erfurt.
SCOPE
1. These terms and conditions apply to contracts for the rental of apartments for accommodation, as well as all other services and deliveries provided by the operator for the guest.
2. The subletting or re-letting of the apartments provided and their use for purposes other than accommodation require the prior written consent of the operator.
3. The guest's terms and conditions only apply if this has been agreed in advance.
CONCLUSION OF CONTRACT, PARTNER, LIABILITY; STATUTE OF LIMITATIONS
1. The contract is concluded when the operator accepts the guest's application. The operator is free to confirm the conclusion of the contract or the booking in writing. If the guest's request is sent via the operator's electronic reservation system, the guest will automatically receive a booking confirmation by email.
2. Contractual partners are the operator and the guest. If a third party has ordered for the guest, he is liable to the operator together with the guest as joint debtor for all obligations arising from the contract.
3. The operator is liable for his obligations under the contract. In the non-typical area, liability is limited to intent and gross negligence on the part of the operator.
4. The limitation period for all guest claims is 6 months.
5. This limitation of liability and short period of limitation also apply in favor of the operator in the event of a breach of obligations when initiating the contract and a positive breach of contract.
SERVICES, PRICES, PAYMENT, OFFSET
1. The operator is obliged to provide one or more apartments in the apartment category booked by the guest and to provide the agreed services.
2. The guest is obliged to pay the valid or agreed prices to the operator for the rental of the apartments and the other services used by him. This also applies to services and expenses incurred by the operator for third parties.
3. The agreed prices include the taxes and local duties applicable at the time the contract is concluded. Not included are local taxes, which are owed by the guest himself according to the respective municipal law, such as visitor's tax.
In the event of a change in the statutory sales tax or the introduction, change or abolition of local taxes on the service object after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
4. The prices can also be changed by the operator if the guest subsequently requests changes to the number of booked apartments, the service provided by the operator or the length of stay of the guests and the operator agrees to this.
5. Invoices from the operator without a due date are payable immediately, for long-term stays (bookings of 28 nights or more) at the latest 10 days after receipt of the invoice without deduction. The operator is entitled to make accrued claims due at any time and to demand immediate payment.
6. The operator is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The operator is also entitled, at its own discretion, to carry out a pre-authorization on the basis of the credit card data upon conclusion of the contract or thereafter and to block the invoice amount or a part thereof on the credit card until billing. The amount of the advance payment, the blocked amount and the payment dates can be agreed in writing in the contract.
7. In justified cases, e.g. the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled, even after the contract has been concluded up to the start of the stay, to require an advance payment or security deposit within the meaning of Section 6 above or an increase in the advance payment or security deposit agreed in the contract up to to demand the full agreed remuneration.
8. The guest can only offset or reduce a claim against a claim by the operator with an undisputed or legally binding claim.
WITHDRAWAL OF THE GUEST
(CANCELLATION, CANCELLATION, NO SHOW)
1. A withdrawal by the guest from the contract concluded with the operator requires the written consent of the operator. If this does not happen, the agreed price from the contract must be paid even if the guest does not use the contractual services. This does not apply in cases of delay in performance by the operator or in the impossibility of providing the service for which he is responsible.
2. If an appointment to withdraw from the contract has been agreed in writing between the operator and the guest, the guest can withdraw from the contract up to that point without triggering payment or damage claims by the operator. The guest's right of withdrawal expires if he does not exercise his right of withdrawal in writing to the operator by the agreed date, unless there is a case of the operator's default in performance or an impossibility of service provision for which he is responsible.
3. In the case of an apartment not used by the guest, the operator must offset the income from renting the apartment to other parties and the saved expenses.
4. The operator is free to charge a lump sum for the damage incurred and to be compensated by the guest. The guest is then obliged, depending on the contractually agreed length of stay, to make the following payments as lump sum compensation:
Short-term stays (1 to 28 nights):
in case of cancellation up to 7 days before arrival: none (free of charge)
in case of cancellation 6 to 1 day before arrival: 30% of the total accommodation price
in case of cancellation from 1 day before arrival: 100% of the total accommodation price
Long-term stays (from 29 nights):
in case of cancellation up to 14 days before arrival: none (free of charge)
in case of cancellation 13 to 7 days before arrival: 30% of the total accommodation price
in case of cancellation from 6 days before arrival: 100% of the total accommodation price
The guest is free to prove that no damage has occurred or that the damage incurred by the operator is lower than the flat rate required.
WITHDRAWAL OF THE OPERATOR
1. If the guest's right of withdrawal has been agreed in writing within a certain period of time, the operator is entitled to withdraw from the contract during this period if there are inquiries from other guests about the contractually booked apartments and the guest asks the operator about his right to withdraw not waived.
2. If an agreed advance payment is not made even after a reasonable period of grace set by the operator has expired with the threat of rejection, the operator is also entitled to withdraw from the contract.
3. Furthermore, the operator is entitled to extraordinarily withdraw from the contract for a materially justifiable reason, for example if force majeure or other circumstances for which the operator is not responsible make it impossible to fulfill the contract. This also applies if apartments are booked with misleading or false information about essential facts, e.g. about the person of the guest or the purpose, or if the operator has reasonable grounds to assume that the use of the accommodation service will affect the smooth operation of the business, security or reputation of the operator in public without this being attributable to the operator's area of control or organization.
4. The operator must immediately inform the guest of the exercise of the right of withdrawal.
5. If the operator withdraws with justification, the guest is not entitled to compensation.
DELIVERY OF APARTMENTS, DELIVERY AND RETURN
1. The guest does not acquire the right to be provided specific apartments. The wishes of the guest are always taken into account as best as possible.
2. Booked apartments are available to the guest from 3 p.m. on the agreed day of arrival. The customer has no right to earlier availability.
3. On the agreed day of departure, the rooms must be vacated and made available to the operator by 12 noon at the latest. After that, the operator can charge 50% of the full accommodation price (list price) for the additional use of the room up to 6 p.m. and 90% after 6 p.m. The guest is free to prove to the operator that no damage or a significantly lower damage was incurred.
OPERATOR LIABILITY
1. The operator is liable in the non-typical area, but limited to performance defects, damage, consequential damage or disruptions that are due to intent or gross negligence on the part of the operator. Should disruptions or defects in the services of the operator occur, the operator will endeavor to remedy the situation if the guest becomes aware of it or if the guest complains immediately. The guest is obliged to do what is reasonable for him to remedy the disruption and to minimize possible damage.
2. The operator is liable to the guest for items brought in according to the statutory provisions, which is up to a hundred times the room rate, a maximum of EUR 3,500, and for money, securities and valuables or valuables up to EUR 800. Money, securities and valuables or valuables can be up to be kept in the room safe up to a maximum value of EUR 3,500. The operator recommends making use of this option. The liability claims expire if the guest does not notify the operator immediately after gaining knowledge of loss, destruction or damage (§ 703 BGB).
3. The statutory provisions apply to the unlimited liability of the operator.
4. If the guest is provided with a parking space in a car park, even for a fee, this does not result in a safekeeping contract. The operator is not liable in the event of loss or damage to motor vehicles parked or maneuvered on the parking space and their contents, except in the case of intent or gross negligence. This also applies to vicarious agents of the operator.
5. Messages, post and consignments for the guests are treated with care. The operator takes over the delivery, storage and - on request - for a fee the forwarding of the same claims for damages, except for gross negligence or intent, are excluded.
FINAL PROVISIONS
1. Changes or additions to the contract, the acceptance of applications or these terms and conditions should be made in writing. Unilateral changes or additions by the guest are invalid.
2. Place of performance and payment is the seat of the operator.
3. Place of jurisdiction is Berlin. If a contractual partner meets the requirements of § 38 paragraph 1 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the seat of the operator.
4. German law applies. The application of the UN sales law and the conflict of laws is excluded.
5. Should individual provisions of these General Terms and Conditions be or become invalid or void, this will render them ineffective
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