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General Terms and Conditions

General Terms and Conditions - Beate Zimmermann, temporary private landlord

  1. SCOPE OF APPLICATION

These General Terms and Conditions, hereinafter referred to as GTC, apply to all contracts for the rental                                           for guest rooms for accommodation concluded between Beate Zimmermann (service provider) and third parties (guest/customer), as well as to all other services and deliveries provided by the aforementioned private landlady.

The customer's general terms and conditions shall only apply if this has been expressly agreed in text form in advance.

2. BOOKING

  1. With the booking the guest concludes an accommodation contract. If the booked guest room is available, the guest will receive a booking confirmation. This confirmation constitutes an accommodation contract between the service provider and the guest.
  2. Offers made by the service provider with regard to available guest rooms are subject to change and non-binding. The service provider is free to refuse the conclusion of an accommodation contract at its own discretion.
  3. If the guest books a specific room or rooftop studio in an offered property, the guest has no claim to utilisation of the accommodation service in a specific room/rooftop studio. The service provider reserves the right to impose industry-standard restrictions such as minimum stays, booking guarantees or deposits for specific travel dates.

3. CANCELLATION DEADLINES/CANCELLATION BY THE CUSTOMER/NON-UTILISATION OF SERVICES (NO SHOW)

  1. A guaranteed booking shall only exist upon payment by the guest to the service provider. There is no statutory right of cancellation or termination and if the service provider does not agree to a cancellation of the contract, the service provider retains the right to the agreed remuneration despite non-utilisation of the service (no-show). The service provider shall offset the income from renting the rooms to other parties and the expenses saved. If the rooms are not let to other parties, the service provider may make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for the overnight stay.
  2. If the booking is made on the day of arrival, the guest must make the payment for the stay in accordance with §5 immediately, usually within one hour.

4. PRICES FOR OVERNIGHT STAYS & OTHER PRICES

The prices stated by the service provider at the time the contract is concluded shall apply. Valid and stated prices are gross and include all statutory taxes, fees and charges. Local taxes owed by the guest, such as visitor's tax, are not included.

5. TERMS OF PAYMENT & INVOICE

  1. The price for the accommodation service booked by the guest must always be paid in advance by the guest.
  2. Accepted means of payment are MasterCard, Visa, American Express, Sofortüberweisung/Klarna, Paypal or regular bank transfer. The guest must pay for their guest room in cash at the latest at check-in.
  3. The service provider reserves the right to debit the deposited payment methods with amounts for additional services used or violations of the general terms and conditions. The guest expressly authorises the service provider to do so.
  4. A booking is accompanied by the guest's agreement that the guest will receive his invoice digitally by e-mail and not in paper form.

6. POSSIBLE USES OF BOOKED GUEST ROOMS

  1. A booked guest room is available to the guest for the period specified in the booking.
  2. The keys, parking passes and/or key cards provided by the service provider must be left with the service provider, a third party named by the service provider or at the storage location in the flat designated by the service provider by means of signage and/or a message on the day of departure. A fee of €75.00 shall be charged for the loss of a key, a key card or a parking permit and for failure to return these items. The service provider is also entitled to charge the guest further compensation for the resulting damage if the damage exceeds 75.00€. This also includes the replacement of the affected locking system if this is necessary for security reasons. The guest has the option of proving that the service provider has suffered less damage or no damage at all.
  3. A later departure (late check-out) can be agreed between the service provider and the guest on request and subject to availability. If the service provider does not agree to the late check-out, the service provider shall be entitled to charge the guest €30.00 for each hour or part thereof. In the event of a delay in departure of more than 3 hours after the originally agreed check-out without the consent of the service provider, the guest shall owe compensation for any further damage incurred in addition to the full accommodation price for the following night. The guest has the option of proving that the service provider has incurred less damage or no damage at all.
  4. The guest cannot derive a contractual claim to a late check-out.
  5. An earlier arrival (early check-in) can be agreed between the service provider and the guest on request and subject to availability. The guest cannot derive a contractual claim to early check-in

7. TRANSFER, SUBLETTING, USE

  1. The subletting or subletting of the booked guest rooms is prohibited. This includes in particular the subletting of room allotments or guest rooms to third parties at prices higher than those stated by the service provider.
  2. Likewise, the assignment or sale of claims against the service provider is not permitted. In such cases, the service provider shall be entitled to cancel the booking, in particular if the guest has provided false information about the type of booking or payment to third parties when making the assignment/sale.
  3. The use of the service provider's guest rooms for purposes other than accommodation is expressly prohibited. In particular, this includes any commercial or illegal use. The use of the guest rooms for photography or video recording is also prohibited without explicit consent. In the event of use for reasons other than accommodation, the service provider reserves the right to cancel the booking without refund and to vacate the rented property.

8. LIABILITY OF THE SERVICE PROVIDER

  1. The service provider shall be liable for damages for which he/she is responsible. The service provider shall also be liable for other damages resulting from an intentional or grossly negligent breach of duty by the service provider. In the event of simple negligence, the service provider shall only be liable, limited to the foreseeable damage typical of the contract, if an obligation is breached, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the guest may rely (cardinal obligation). A breach of duty by the service provider is equivalent to a breach of duty by its legal representatives, employees or vicarious agents. Further claims for damages - unless otherwise regulated in these General Terms and Conditions - are excluded.
  2. In the event of disruptions or defects in the services of the service provider, the service provider shall endeavour to remedy the situation upon immediate complaint by the guest or upon knowledge thereof. The guest shall also be obliged to make reasonable efforts to remedy the disruption or defect and to minimise any resulting damage. In addition, the guest is obliged to inform the service provider immediately of the possibility of high damages.
  3. The service provider shall be liable for items brought into the hotel in accordance with the statutory provisions. Any claim by the guest shall lapse if he does not notify the service provider immediately after becoming aware of the loss, destruction or damage, with the exception that late notification shall have no effect on the clarification of the facts. A separate written agreement with the service provider is required in the event of the contribution of funds, valuables or other valuables with a value of more than €800.00 or in the case of other items with a value of more than €3,500.00. Otherwise, the service provider shall not be liable for the loss, destruction or damage of these means or objects.
  4. No safekeeping agreement is concluded if a car parking space is made available to the guest by the service provider for a fee or free of charge. This does not result in any monitoring obligation for the service provider. In the event of loss, theft or damage to motor vehicles parked or manoeuvred on the property and/or the parking space provided, the service provider shall only be liable in the event of intent or gross negligence. The guest is obliged to report any damage immediately. Obvious damage must be reported before leaving the car park. The service provider shall not be liable for damage caused solely by other guests or other third parties.
  5. Any claims against the service provider shall generally become time-barred within one year of the start of the statutory limitation period. This shall not apply to claims for damages or other claims arising from injury to life, limb or health and/or due to grossly negligent or wilful breach of duty by the service provider or in the event of breach of a cardinal obligation.

    6. The service provider accepts no liability for lost property. Excluded from this is liability due to wilful or grossly   negligent breaches of duty by the service provider. Lost property will only be returned on request and against payment of an additional handling fee of €15.00. The service provider undertakes to store lost property for a period of six months. After this period, they will be disposed of.

9. CLAIMS

  1. In order to secure all claims of the service provider against the guest resulting from the accommodation contract, the service provider is entitled to collect the following security deposits from the guest prior to the provision of guest rooms
  2. A deposit of €150.00 for stays of less than three months.
  3. In the event of a stay of less than three months, the service provider is entitled to make the deposit/security deposit by pre-authorising the means of payment in settlement of the security deposit. If the guest does not pay the deposit/security deposit, he shall not be entitled to stay in the guest room. If the service provider has left the guest room to the guest despite this, the service provider shall be entitled to terminate the accommodation contract without notice if the deposit is not paid within a reasonable grace period to be set. 4.
  4. The service provider is obliged to settle the deposit within one month after termination of the accommodation contract.

10. CUSTOMER DATA

  1. The service provider is obliged to collect and record the guest's e-mail address and telephone number to ensure communication. Similarly, the service provider is authorised to request and save or copy a valid identification document at check-in. For domestic guests this is an identity card or passport, for foreign guests always a passport. In addition, by making a booking, the guest undertakes to complete and sign a registration form provided by the service provider prior to arrival. This registration form is used for the legally required data collection in accordance with §29 and §30 of the Federal Registration Act.
  2. If the identity of a guest cannot be clarified beyond doubt due to missing or incorrect documents, the service provider shall be entitled to cancel the booking.
  3. In order to avoid fraudulent and defective bookings, the service provider uses software solutions that determine a "fraud prevention score" for each guest using the data requested from the guest (e-mail address, telephone number, credit card details, address) in order to recognise fraudulent bookings. The service provider reserves the right to cancel a booking marked accordingly by the system.

11. TERMINATION OF THE ACCOMMODATION CONTRACT

  1. The service provider reserves the right and is entitled to terminate an accommodation contract for good cause. In particular, good cause shall be deemed to exist if:
  2. a) Force majeure or other circumstances for which the service provider is not responsible make it impossible to fulfil the contract.
  3. b) The service provider has justified cause to believe that the use of the accommodation service may jeopardise either the smooth running of the business, security or the public image of the service provider and its establishment, without this being attributable to the service provider's sphere of control or organisation.
  4. c) Bookings are culpably made with misleading or false information or concealment of material facts; material facts may include, but are not limited to, the identity of the guest, the ability to pay or the purpose of the stay.
  5. d) The purpose or reason for the stay is unlawful or serves the purpose of residential prostitution.
  6. e) In the event of resale or subletting and/or subletting (see §7).
  7. The service provider must inform the guest immediately of the exercise of the right of cancellation.
  8. The guest shall not be entitled to compensation in the event of justified cancellation by the service provider.
  9. If the service provider terminates the contract due to a circumstance for which the guest is responsible or for a reason in accordance with clause 1 above, the service provider shall also be entitled to cancel or refuse future bookings by the guest, even if these have already been confirmed by the service provider.

12. VOUCHERS

  1. A voucher purchased from the service provider can only be redeemed for services provided by the service provider. If there are any remaining credit balances when paying with the voucher, these remain and can be used for further bookings. Vouchers cannot be returned, are not resaleable or transferable and cannot be redeemed in whole or in part for cash. The purchaser of the voucher is responsible for providing the correct details (in particular e-mail address) to which the voucher and invoice are to be sent.

13. SMOKING BAN

  1. All guest rooms of the service provider are non-smoking rooms. Smoking in the guest rooms and the entire surrounding property as well as in communal areas of the service provider is strictly prohibited. This also applies to e-cigarettes, shishas, tobacco heaters and similar devices. Smoking on balconies and/or terraces is only permitted if they are appropriately labelled and the door to the guest room is closed.
  2. In the event of non-compliance, the service provider has the right to demand compensation from the guest for the separately necessary cleaning costs, including any loss of revenue from a subletting of the guest room that cannot reasonably be expected as a result of the incident, in the amount of at least EUR 200.00. This compensation amount is nevertheless to be set higher if the service provider can prove that the damage was higher. The guest shall be entitled to prove that the service provider has suffered less damage or no damage at all.

14. SAFETY EQUIPMENT & ESCAPE ROUTES

  1. Manipulating or blocking emergency exits, fire extinguishers or the fire/house alarm is prohibited. Violations may result in a fine of €150. This also applies to tampering with or switching off security sensors and decibel meters as well as routers to maintain an internet connection within the guest rooms.
  2. The guest is fully liable for the intentional or negligent triggering of smoke detectors or a fire alarm system (e.g. due to the violation of the smoking ban), but at least in the amount of the actual costs incurred (e.g. fire brigade or security service deployment costs).
  3. The service provider is entitled to cancel an active booking with immediate effect and to expel guests from the hotel if it becomes aware of violations under points 1 and 2. There is no entitlement to a refund or partial refund in such cases. The guest is entitled to prove that the service provider has suffered less damage or no damage at all.

15. BAN ON PARTIES AND GATHERINGS

  1. Noise in the booked guest room, the communal areas and the surrounding area must be avoided. Quiet hours must be observed from 10 p.m. to 8 a.m. ("quiet hours") unless other times are specified in the house rules. Parties and gatherings are strictly prohibited in the service provider's guest rooms and communal areas.
  2. In the event of an offence, the service provider has the right to demand compensation from the guest for the separately necessary cleaning costs, including any loss of revenue from an unreasonable re-letting of the guest flat due to the incident, in the amount of EUR 500.00. The right to further compensation is not affected by this. The guest shall be entitled to prove that the service provider has suffered less damage or no damage at all.
  3. Decibel measurement sensors may be installed in the service provider's guest rooms. These sensors do not record voices or conversations, but are used to detect excessive volume. In common areas of the service provider, corridors or other common areas, sensors for decibel measurement can also be installed, as well as active video surveillance, which records 24/7 and stores it in a cloud environment.
  4. The service provider is entitled to cancel an active booking with immediate effect and to expel guests from the hotel if it becomes aware of violations under points 1 and 2. There is no entitlement to a refund or partial refund in such cases. The guest is entitled to prove that the service provider has suffered less damage or no damage at all. The service provider reserves the right to utilise the services of a third party, such as a security service, to enforce the house rules. Any costs incurred by the intervention of a third party shall be passed on to the guest.

16. DAMAGE OR UNAUTHORISED REMOVAL OF INVENTORY

  1. Should damage occur during the accommodation beyond the contractual use, or if inventory is removed from the unit without authorisation, the service provider is entitled to compensation, which includes in particular the expenses for remedying the damage, including any loss of turnover resulting from the inability to rent out the guest room, legal costs plus a processing fee of €50 for such a case of damage. The guest has the option of proving that the service provider has suffered less damage or no damage at all.

17. PETS

  1. Pets are not permitted in guest rooms and common areas. Exceptions are guide dogs, deaf dogs and other comparable service dogs. These may be brought along free of charge and at any time upon presentation of proof. The corresponding proof must be presented to the service provider before check-in.
  2. The service provider is authorised to make further exceptions to the aforementioned principle. The guest has no claim to this. If a pet stays in a guest room without authorisation, the service provider shall charge a flat rate of EUR 150.00 for a special cleaning fee. The service provider is entitled to cancel an active booking with immediate effect and to expel guests from the hotel in the event of violations of point 1. There is no entitlement to a refund or partial refund in such cases. The guest has the option of proving that the service provider has suffered less damage or no damage at all.

18. MAINTENANCE

  1. By booking a guest room of the service provider, the guest undertakes to treat the guest room provided as well as rooms, facilities and equipment intended for communal use with care and attention, to ensure adequate ventilation and heating and to avoid gross soiling. If there is soiling that goes beyond normal use during the guest's stay or even after the guest's departure, the service provider has the right to charge the guest an additional cleaning fee of at least EUR 50.00 (depending on the condition of the guest room). The guest is entitled to prove that the service provider has incurred less or no damage,
  2. Furthermore, the guest undertakes to check the furnishings of the guest room for completeness and suitability for use upon occupancy and to notify the service provider immediately of any defects and complaints.
  3. The guest is liable for all damage to the guest room provided to him, the furnishings and the rooms, facilities and equipment intended for common use, which he or his visitors have culpably caused through use contrary to the contract and which are not attributable to normal wear and tear. The guest must notify the service provider immediately of any damage to the guest room provided.
  4. For bookings of more than 7 nights, the service provider is authorised to carry out weekly intermediate cleanings. The guest is obliged to grant the service provider, a service provider commissioned by the service provider or employees of the service provider access to the guest room for this purpose.

19. INTERNET USE

  1. The guest shall be provided with internet access by the service provider within the scope of the existing technical and operational possibilities. Disruptions, for example due to force majeure or maintenance work or similar, cannot be ruled out.
  2. The guest may not misuse the internet connection. Misuse is deemed to have occurred in the following cases in particular: Downloading and distribution of copyrighted content via peer-to-peer sharing platforms, illegal streaming offers as well as the posting, retrieval or transmission of criminally relevant content (in particular §§ 130, 130a, 131 and 184 StGB). The guest is obliged to respect the copyright, patent, name, labelling and personal rights of third parties during use. The guest shall indemnify the service provider upon first request against all claims and claims for damages by third parties as well as against the costs of legal defence in a reasonable amount which have been caused by illegal use of the Internet connection provided by the guest or by third parties with the knowledge of the guest. This indemnification claim includes in particular claims arising from the infringement of copyright, patent, name, labelling and personal rights as well as violations of data protection law.
  3. The guest is prohibited from passing on the access data for the service provider's Internet connection to third parties. This also applies to the publication of any access data. In the event of non-compliance, the guest shall be liable to the service provider for all damages caused by the disclosure of the access data.
  4. Furthermore, the service provider reserves the right to block the guest's internet connection in the event of legal violations.

20. DATA PROTECTION

  1. The data protection regulations can be viewed at: www.em-last-minute-guestrooms.de

21. FINAL PROVISIONS

  1. Amendments and additions as well as the cancellation of the accommodation contract, the acceptance of the application or these General Terms and Conditions must be made in writing. This also applies to the cancellation of this written form clause. Unilateral amendments or additions by the guest are invalid.
  2. Place of fulfilment and payment is the registered office of the accommodation provider.
  3. The exclusive place of jurisdiction for commercial transactions shall be the registered office of the accommodation provider. If a contracting party fulfils the requirements of Section 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the accommodation provider.
  1. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
  1. Should a provision of this contract be or become invalid, void or voidable, the validity of the remaining provisions shall not be affected. In place of the invalid/void provision, the parties shall agree on a provision that comes closest to the intended purpose of the invalid/void provision. This also applies to the fulfilment of any contractual loopholes.
  2. The accommodation provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.