1.1 These Terms and Conditions govern contracts for the rental use of board rooms for accommodation and all services provided in this context for the customer other services and supplies of the board (board recording contract). The term "Pension Accommodation Contract" comprises and replaces the following terms: lodging, rooms, pension and post-board room contract.
1.2 The subletting or re-letting of the rooms and their use for purposes other than accommodation require the prior approval of the board in writing, § 540 paragraph 1 sentence 2 BGB is waived if the customer is not a consumer.
1.3 Terms and conditions of the customer shall only apply if this has been explicitly agreed.
2 CONCLUSION OF CONTRACT, PARTIES, STATUTE OF LIMITATIONS
2.1 Contractors are pension and the customer. The contract is concluded by the acceptance of the request of the customer into existence by the board. The board is free to confirm the room reservation in writing.
2.2 All claims against the pension shall lapse one year from the statutory limitation period. This does not apply to claims for damages and other claims, where the latter is based on an intentional or grossly negligent breach of duty of the board.
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The board is obliged to have the booked rooms and to provide the agreed services.
3.2 The customer is obligated to pay the agreed or applicable for rooms provided and used by him in other services used Rates Pension. This also applies to the customer commissioned directly or through the pension benefits that are provided by third parties and incurred by the board.
3.3 The agreed prices include applicable at the time the contract taxes and local charges. It does not include local taxes, which are payable by the guest after the relevant municipal law, such as tax. When changing the legal sales tax or the introduction, modification or abolition of local taxes on the subject of performance after the contract prices will be adjusted accordingly. In contracts with consumers this applies only if the period between conclusion and fulfillment of the contract exceeds four months.
3.4 The board may make its consent to the customer's later reduction in the number of rooms booked, the performance of the board, or the length of the customer depends on that increases the price of the rooms and / or for the other services of the pension.
3.5 Invoices of the board without a due date are within ten days from receipt of the invoice without deduction. The board may demand immediate payment of due receivables at any time by the customer. In default of payment the legal regulations apply. The board is entitled to prove a higher damage.
3.6 The board is entitled to demand when the contract by the customer a reasonable advance payment or security, for example in the form of a credit card guarantee. The amount of the advance payment and payment dates may be agreed in the contract in writing. With advance payments or security deposits for package tours, the statutory provisions shall remain unaffected. In default of payment the legal regulations apply.
3.7 In justified cases, for example, payment arrears of customers or expand the scope of the contract, the board is entitled, even after conclusion until the beginning of the stay in advance or security deposit within the meaning of the above paragraph 3.6 or an increase of in the contract advance payment or security to the full agreed compensation demand.
3.8 The board is also entitled to the commencement and during the customer's stay a reasonable advance payment or security deposit within the meaning of the above paragraph 3.6 to demand for existing and future claims arising from the contract, insofar as such has not been according to the above paragraph 3.6 and / or point 3.7 been done.
3.9 The customer may only offset undisputed or legally binding claim against a claim of the pension or charge.
4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION, ANNULMENT) / FAILURE TO USE THE BOARD (NO SHOW)
4.1 Cancellation by the customer of the contract concluded with the board is possible only if a right of withdrawal in the contract expressly agreed, another statutory right of withdrawal or if the board of the avoidance of the contract expressly agreed. The agreement of a right of withdrawal and the eventual consent to a contract cancellation should be made in each case in writing.
4.2 If between the board and the customer a date for a cost-free cancellation agreed by the contract, the customer may rescind the contract, without incurring payment or damage claims the pension. The resignation of the customer expires if he does not exercise his cancellation right opposite the guest house by the agreed date.
4.3 If a right of withdrawal is not agreed or already extinct, there is also no statutory rescission or termination right and wrong to the pension contract is canceled, the board retains the right to the agreed remuneration, despite not using the service. The board must credit the income from renting the rooms and the expenses saved. If the rooms are not otherwise rented, the board can flat-rate deduction for saved expenses. The customer is obliged in this case, at least 90% of the contractually agreed rate for lodging with or without breakfast and for package tours with third-party services, to pay 70% for half and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim is not justified or not in the amount claimed.
5 WITHDRAWAL OF THE BOARD
5.1 if agreed that the customer can withdraw within a specified period free from the contract, the board is entitled for its part in this period, to withdraw from the contract if there are inquiries from other customers regarding the contractually reserved rooms and upon inquiry the board with adequate deadline on his right of rescission does not waive.
5.2 If an under Section 3.6 and / or Section not done 3.7 agreed or demanded advance payment or security even after a set by the board reasonable extension, the board is also entitled to withdraw from the contract.
5.3 In addition, the board is entitled to withdraw exceptionally justifiable reasons from the contract, in particular if
- Make force majeure or other not to be taken by the Pension circumstances the performance of the contract impossible;
- Rooms and spaces are booked culpably using misleading or false representation or concealment of material facts; much can be the identity of the customer, the ability to pay or the purpose of residence;
- The board has reasonable grounds to believe that the use of the service the smooth operation, the safety or the reputation of the board in public
can endanger, without this being attributable to the management or organization of the board;
- The purpose or the cause of the stay is illegal;
- A breach of the above-mentioned Paragraph 1.2 is present.
5.4 The authorized withdrawal of the pension does not establish the customer's claim for damages.
6 ROOM AVAILABILITY, DELIVERY AND RETURN
6.1 The customer has no right to be provided specific rooms insofar as this is not expressly agreed.
6.2 Reserved rooms are available to the customer from 15:00 pm on the agreed day of arrival. The customer has no right to earlier availability.
6.3 on the agreed departure guestrooms at Pension are vacated by 12:00 at the latest to provide. Thereafter, the board due to the delayed vacating of the room for the contractual-border use until 18:00 50% of the full accommodation rate (list price) into account, from 18:00 90%. Contractual claims of the customer are not justified hereby. The customer is at liberty to prove that the board incurred no or much lesser claim to use.
7 LIABILITY OF BOARD
7.1 The board shall be liable for her damages from injury to life, limb or health. Furthermore, it is liable for other damages based on intentional or grossly negligent breach of the board or on a deliberate or negligent breach of typical contractual obligations of the board. A breach of duty of the board is a statutory representative or vicarious agent. Any other compensation claims are not otherwise regulated in this Clause 7, excluded. Should disruptions or defects in the performance of the board occur, the board will endeavor with knowledge or on immediate complaint of the customer, to take remedial action. The customer is obligated to contribute reasonable to eliminate the disruption and to keep any possible damage.
7.2 for property brought the pension liable to the customer in accordance with statutory provisions. If the host money, securities and valuables with a value of more than 800 euro or other things with a value of more than 3,500 euros wishes to introduce, this requires a separate storage agreement with the board.
7.3 If the customer is a parking space on the board parking, even if a fee is provided, this does not constitute a safekeeping agreement. For loss of or damage to the Pension reason parked or motor vehicles and their contents, the board is liable only in accordance with paragraph 7.1, Clauses 1 to 4. FIG.
7.4 Messages, mail and merchandise deliveries for guests are handled with care. The board will deliver and storage. The pension is only liable in accordance with paragraph 7.1, Clauses 1 to 4. FIG.
8 HOUSE RULES
the house rules are part of the general terms and is "house rules" attached. Any violation of the rules of the house Pension is entitled to terminate the contract without notice board recording. For services not taken up achievements cancellation fees according to the above-mentioned are Cancellation policy due.
9 FINAL PROVISIONS
9.1 Changes and additions to the contract, the acceptance of these General Terms and Conditions should be made in writing. Unilateral changes or additions by the customer are invalid.
9.2 Performance and payment and exclusive jurisdiction - also for check and exchange disputes - for commercial transactions is the seat of the board. Insofar as a contracting party fulfills the requirements of § 38 paragraph has 2 ZPO and has no general jurisdiction in Germany, the courts at the seat of the board.
9.3 German law applies. The application of the CISG and the conflict of laws is excluded.
9.4 If any provision of these terms and conditions be invalid or void, so the validity of the remaining provisions shall not be affected. In addition, the statutory provisions apply.