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General Terms and Conditions
General Terms and Conditions - Beate Zimmermann,
temporary private landlord
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.
- 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.
- 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.
- 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)
- 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.
- 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
- The price for the accommodation service booked by the guest
must always be paid in advance by the guest.
- 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.
- 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.
- 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
- A booked guest room is available to the guest for the
period specified in the booking.
- 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.
- 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.
- The guest cannot derive a contractual claim to a late
check-out.
- 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
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- A deposit of €150.00 for stays of less than three months.
- 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.
- The service provider is obliged to settle the deposit
within one month after termination of the accommodation
contract.
- 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.
- 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.
- 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
- 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:
- a) Force majeure or other circumstances for which the
service provider is not responsible make it impossible to
fulfil the contract.
- 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.
- 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.
- d) The purpose or reason for the stay is unlawful or serves
the purpose of residential prostitution.
- e) In the event of resale or subletting and/or subletting
(see §7).
- The service provider must inform the guest immediately of
the exercise of the right of cancellation.
- The guest shall not be entitled to compensation in the
event of justified cancellation by the service provider.
- 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.
- 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.
- 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.
- 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
- 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.
- 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).
- 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
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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,
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Furthermore, the service provider reserves the right to
block the guest's internet connection in the event of legal
violations.
- The data protection regulations can be viewed at:
www.em-last-minute-guestrooms.de
- 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.
- Place of fulfilment and payment is the registered office of
the accommodation provider.
- 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.
- 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.
- 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.
- The accommodation provider is neither willing nor obliged
to participate in a dispute resolution procedure before a
consumer arbitration board.