General terms and conditions Apartment Central
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1 AREA OF APPLICATION
These general business terms and conditions apply to contracts for the rental of apartments/ holiday homes for accommodation as well as all other services and deliveries of the provider rendered to the costumer in this context (Hotel Accommodation Contract). They do not apply to package tours in the sense of § 651a Germen Civol Code (BGB). The term “Hotel Accommodation Contract” encompasses an replaces the following terms: lodging-, guest-, accommodation-, hotel- or hotelroom-contract.
General business terms and conditions of the customer shall only apply if this has been expressly agreed in text form.
2 CONCLUSION THE CONTRACT, CONTRACT PARTIES
The provider and the customer are the parties to the contract. The contract is concluded by acceptance by the provider of the application made by the customer. If the booking is made via the provider’s own web page, the contract is concluded by clicking the button “ORDER WITH OBLIGATION TO PAY” confirming the reservation and the customer’s obligation to pay.
3 SERVICES, PRICES, PAYMENT, SET-OFF
The provider is obliged to keep the apartments/ holiday homes reserved by the customer available and to render the services agreed.
The customer is obliged to pay the provider’s prices that are agreed for or applicable to the provision of the apartments/ holiday homes for use and to other services used by the customer. This also applies to services ordered by the customer either directly or through the provider which are performed by third parties and paid for in advance by the provider.
The prices agreed are inclusive of the taxes and local taxes applicable at the time when the contract is concluded. They do not include local taxes such as local visitor’s tax [accommodation tax/ city tax] which the guest owes himself or herself under local community law. The prices shall be adjusted accordingly in the event of changes to the statutory value added tax or of the introduction, change or elimination of local taxes on the subject matter of the contract after the contract has been entered into. In the case of contracts with consumers, this only applies if the period of time elapsing between the date of conclusion of the contract and the date of performance of the contract is longer than four months.
If payment by invoice [Zahlung auf Rechnung] is agreed, payment shall be made within 14 (fourteen) days of receipt of the invoice without any deductions being made, unless otherwise agreed.
When the contract is entered into, the provider has the right to request a reasonable advance payment or security from the customer, for example in the form of a credit card guarantee including a pre-authorization. The amount of the advance payment and the payment dates can be agreed in the contract in text form. The provisions of statute shall apply in the event of late payment by the customer.
In justified cases, for example if the customer is in arrears in payment or if the scope of the contract is extended, the provider has the right to demand, even after the contract has been concluded up until the time when the residence commences, advance payment or security as set out in subsection 3.5 above or an increase in the amount of the advance payment or security agreed in the contract up to the full amount of the remuneration agreed.
Further, the provider has the right to request, at the beginning and during the course of the customer’s stay, a reasonable advance payment or security within the meaning of subsection 3.5 above for existing and future claims under the contract, insofar as no such payment or security has already been made or provided pursuant to subsection 3.5 and/or 3.6 above.
The customer may only offset or net out an undisputed claim or a claim established by final and absolute court decision against a claim of the provider.
The customer is in agreement with the invoice being sent to the customer by electronic transmission
Valid payment methods are Cash in Euro, EC Card/ girocard, Master Card, Visa Card and American Express.
4 REVOCATION/ TERMINATION (“CANCELLATION”) BY THE CUSTOMER/ NO USE OF THE PROVIDERS SERVICES (“NO SHOW”)
It is only possible for the customer to unilaterally dissolve the contract concluded with the provider if a revocation right has been explicitly agreed in the contract or if there is a statutory revocation right or termination right.
If the provider and the customer have agreed upon a deadline for revocation of the contract free of charge, the customer may revoke the contract up until that date without triggering any claims for payment or damages by the provider. The customer’s revocation right expires if the customer does not exercise this right vis-à-vis the provider in text form by the agreed deadline.
If no revocation right has been agreed or if it has already expired, and if there is no statutory right of revocation or termination either, then the provider retains its entitlement to the remuneration agreed although the service was not used. The provider shall offset income from otherwise letting the apartments/ holiday homes and saved expenditures. If the apartments/ holiday homes are not otherwise rented out, the provider can make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for accommodation. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.
Excluded from this rule are special offers made by the provider, in which already at the time of booking a cancellation/ termination is excluded or it was agreed in case of cancellation/ termination to pay the full invoice amount (100%).
In the event of non-arrival (No Show) of the customer without prior cancellation on the part of the customer, the provider is entitled to charge the full invoice amount (100%). The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
5 REVOCATION BY THE PROVIDER
If it has been agreed that the customer may revoke the contract free of charge within a certain period, then the provider has, for its part, the right to revoke the contract within this period if inquiries are made by other customers relating to the contractually reserved apartments/ holiday homes and if the customer does not waive its revocation right after a request is made by the provider and a reasonable time period set. This shall apply accordingly if the customer has been granted an option and if other inquiries are made and the customer is not prepared to make a firm booking after a request is made by the provider and a reasonable time period set.
The provider also has the right to revoke the contract if an advance payment or security agreed or required in accordance with subsection 3.5 and/or subsection 3.6 has not been paid after an appropriate period of grace set by the provider has expired.
Further, the provider has the right, for an objectively legitimate reason, to revoke the contract for extraordinary grounds, in particular in the event of
- force majeure or other circumstances for which the provider is not responsible, which render performance of the contract impossible;
- apartments or holiday homes being reserved by culpably providing material facts that are wrong or misleading or by failing to provide material facts; in this context the term material can mean the identity of the customer, the customer’s ability to pay or the purpose of the residence;
- the provider having reasonable grounds to assume that the use of the service can jeopardize the smooth running of the business, the safety or public reputation of the provider without this being attributable to the area of responsibility or organization of the provider;
- the purpose of or the reason for the stay being in violation of the law;
- a breach of subsection 1.2.
Revocation by the provider that is justified does not give the customer the right to claim damages. If, in the event of revocation under subsection 5.2 or 5.3 above, the provider has a claim for damages against the customer, the provider can claim this as a flat rate. In this case, subsection 4.3 shall apply accordingly.
6 PROVIDING, HAND-OVER AND RETURN OF THE APARTMENTS/ HOLIDAY HOMES
The customer does not acquire a right to the provision of specific apartment/ holiday home unless this has been explicitly agreed in text form.
The reserved apartments/ holiday homes shall be available for use by the customer with effect from 03:00 p.m. on the agreed date of arrival. The customer has no right to earlier availability.
The apartments/ holiday homes shall be vacated and available for use by the provider by 11:00 a.m. at the latest on the agreed departure date. After this time, the provider may charge a flat rate of 40,- EUR (for studios) or 60,- EUR (for apartments) for the late vacating of the apartment/ holiday home for its use exceeding the contract until 12:00 a.m., after 3:00 p.m. 100% of the accommodation price for the following night will be charged. The customer is at liberty to demonstrate that the provider did not acquire a claim for compensation for use or acquired a significantly lower claim
7 LIABILITY OF THE PROVIDER
The provider is liable for damage which it is accountable for resulting from injury to life, body or health. It is further liable for other damage which is based on an intentional or grossly-negligent breach of duty of the provider or on an intentional or negligent breach of duties of the provider typical of the type of contract [vertragstypischen Pflichten]. Duties typical of the type of contract are those duties which enable the proper execution of the contract altogether and which the customer relies on being performed and is able to rely on being performed. A breach of duty of a statutory representative or person engaged in performance of an obligation of the provider [Erfüllungsgehilfe] is equivalent to a breach of duty of the provider. More far-reaching claims for damages are excluded unless otherwise provided for in this Section 7. If there should be any disruptions or deficiencies in the services of the provider, the provider shall endeavor to remedy this when it has knowledge thereof or upon a complaint being made without undue delay by the customer. The customer is obliged to contribute what it can be reasonably expected to contribute in order to remedy the disruption and minimize possible damage.
The provider is liable to the customer in accordance with the provisions of statute for items brought with the customer. If the customer wishes to bring with him or her money, securities or valuables valued at over Euro 800 or other property items valued at over Euro 3.500 a separate safekeeping agreement must be entered into with the provider.
If the customer is provided with a parking space in the provider’s parking space or in the undergroud parking garage, even if this is for payment, a custody contract is not concluded as a result. If cars parked or driven on the provider’s property or the contents thereof are lost or damaged, the provider is only liable in accordance with sentences 1 to 4 of subsection 7.1 above.
Messages for customers are treated with care. After prior agreement with the customer, the provider can accept, store and – if desired – dispatch for a charge mail and consignments of goods. In this connection the provider is only liable in accordance with sentences 1 to 4 of subsection 7.1 above
8 ADDITIONAL PROVISIONS
The resale/rental and/or the subcontracting of booked rooms is prohibited. The subletting of rooms and/ or room allotments to third parties at higher prices than the actual room prices requires the express consent of the operator. An assignment or sale of the claim against the operator is not permitted. In these cases the operator is entitled to cancel the booking, especially if the customer has given untrue information about the type of booking and payment to the third party during the assignment/sale/transfer. Use of the apartment/ vacation home for any purpose other than accommodation is expressly prohibited.
All our buildings are non-smoking areas. It is therefore prohibited to smoke in the public areas as well as in the guest rooms. In the event of a violation, the operator has the right to demand compensation from the customer for the cleaning costs to be incurred separately, as well as for the resulting non-rentability of a lump sum in the amount of 200, - EUR.
In case of non-observance of our fire protection guideline, the customer shall be fully liable for the costs incurred by the fire department as well as by the operator due to the triggering of a false alarm. This also applies in the event of the deliberate triggering of an evacuation alarm or sabotage of the fire alarm system.
Pets of any kind are not allowed in the entire building. Should the customer contravene this regulation and nevertheless place a pet in the premises provided to him, the operator is entitled to demand compensation for the separately incurred cleaning costs as well as for the resulting non-rentability of a lump sum in the amount of 100,- EUR.
In the public areas, the consumption of food and beverages brought along is prohibited. Beverages provided by the Operator (both for a fee and free of charge) may be consumed in the lobby.
A voucher purchased from the operator can only be redeemed for the operator's own services. If there are remaining credits after payment with the voucher, they remain and can be used for further payments with the Operator. The validity of the voucher is 3 years from the date of issue. Vouchers cannot be returned, they are not resalable or transferable and are not redeemable for cash. Vouchers cannot be used as part of online payments. The purchaser of the voucher is responsible for providing the correct data (especially e-mail address) to which the voucher and the invoice should be sent.
9 FINAL PROVISIONS
Alterations and supplements to the contract, to acceptance of the application and to these General Business Terms and Conditions shall be made in text form. Unilateral changes or supplements are ineffective
If the customer is a merchant or public law legal entity, the exclusive place of jurisdiction is Leipzig. The provider can, however, at its election, also bring legal action against the customer at the place of the customer’s registered office. This also applies to customers not covered by sentence 1 above if they do not have their registered office or place of residence in an EU member state.
German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
In compliance with its statutory obligation the provider points out that the European Union has set up an online platform for the extrajudicial resolution of consumer disputes (“ODR platform”): http://ec.europa.eu/consumers/odr/ . The provider however does not participate in dispute resolution proceedings before consumer arbitration boards.