General Terms and Conditions for the Boardinghouse Accommodation Contract for Weender Landstraße 49 GmbH
I. Scope of application
These terms and conditions apply to contracts for the rental of living space for accommodation (hereinafter referred to as flats) as well as all other services and deliveries provided to the customer by Weender Landstraße 49 GmbH (hereinafter referred to as “Boardinghouse”). The term “Boardinghouse Accommodation Agreement” includes and replaces the following terms: Accommodation contract, guest accommodation contract, boarding house contract, boarding house apartment contract.
Subletting or re-letting of the provided flats as well as their use for other than accommodation purposes require the prior consent of the boardinghouse in text form.
The customer’s general terms and conditions of business shall only apply if this has been expressly agreed in text form in advance.
Customers within the meaning of these terms and conditions are both consumers and entrepreneurs within the meaning of §§13,14BGB.
II. Conclusion of contract, contracting parties; limitation period
The contract is concluded by the Boardinghouse’s acceptance of the customer’s application. If the boardinghouse makes a binding offer to the customer, the contract comes into effect through the customer’s acceptance of the offer. The flat booking shall be confirmed in text form.
Contractual partners are the boardinghouse and the customer. If a third party has ordered for the customer, the customer is liable to the boardinghouse together with the third party as joint and several debtors for all obligations arising from the boardinghouse accommodation contract, insofar as the boardinghouse has a corresponding declaration from the third party.
All claims of the customer or the third party against the boardinghouse are in principle time-barred after one year from the beginning of the knowledge-dependent regular limitation period within the meaning of § 199 Paragraph 1BGB.
However, claims for damages against the boardinghouse shall become time-barred depending on knowledge at the latest in 3 years, and independent of knowledge at the latest in 10 years from the breach of duty. These reductions in the statute of limitations do not apply to claims based on intent or gross negligence on the part of the Boardinghouse – including its vicarious agents.
In the case of negligently caused damage from injury to life, body or health. In the case of negligently caused damage to property and financial loss, the shortened limitation periods do not apply in the event of a breach of an essential contractual obligation. Material contractual obligations are those whose fulfilment characterises the contract and on which the customer may rely.
III. Services, Prices, Payments, Offsetting
The Boardinghouse is obliged to keep the flats booked by the customer ready and to render the agreed services.
The customer is obliged to pay the applicable or agreed prices of the Boardinghouse for the provision of the flat and the other services used by him/her. This also applies to services and expenses of the Boardinghouse to third parties arranged by the customer. The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Not included are local taxes which are owed by the guest according to the respective local law, such as visitor’s tax. In the event of a change in the statutory value-added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion and fulfilment of the contract exceeds 4 months.
The Boardinghouse may make its consent to a subsequent reduction requested by the customer in the number of flats booked, the service of the Boardinghouse or the customer’s length of stay dependent on the price for the flats or for the other services of the Boardinghouse increasing.
Invoices of the Boardinghouse without a due date are payable without deduction within 10 calendar days of receipt of the invoice. The boardinghouse is entitled to call in accrued claims at any time and demand immediate payment. In the event of default in payment, the boardinghouse is entitled to demand the respectively applicable statutory default interest of currently 9 percentage points or, in the case of legal transactions involving a consumer, 5 percentage points above the base interest rate. In addition, in the event of default the boardinghouse may claim a fee of EUR 5.00 per reminder. The boardinghouse reserves the right to prove and assert higher damages.
The boardinghouse is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in text form in the contract.
In justified cases, e.g. in the event of payment delays on the part of the customer or expansion of the scope of the contract, the boardinghouse is entitled to demand an advance payment or security deposit within the meaning of the above-mentioned section 5 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration even after conclusion of the contract.
The customer has the option of settling the invoices issued by the Boardinghouse by means of bank transfer, Paypal, credit card or on site in cash. Should the means of payment used by the client be issued in a name other than the client’s name, the boardinghouse will only debit the means of payment upon presentation of a corresponding power of attorney.
The first invoice is due on the day of arrival. The Boardinghouse may make the issue of the flat keys dependent on whether the invoice has been settled at the time of arrival.
The customer can only offset an undisputed or legally binding claim against a claim of the Boardinghouse.
IV. Withdrawal of the customer (cancellation) / non-utilisation of the services of the Boardinghouse (No Show)
Withdrawal by the customer from the contract concluded with the boardinghouse is only possible if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the boardinghouse expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract should be made in text form in each case.
Insofar as a date for withdrawal from the contract free of charge has been agreed between the boardinghouse and the customer (option), the customer may withdraw from the contract until then without triggering claims for payment or damages on the part of the boardinghouse. The customer’s right of withdrawal expires if he/she does not exercise his/her right of withdrawal vis-à-vis the Boardinghouse in text form or the online booking administration by the agreed date.
If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the boardinghouse does not agree to a cancellation of the contract, the boardinghouse retains the claim to the agreed remuneration despite non-utilisation of the service. The boarding house shall credit the income from renting the flats to other parties as well as the saved expenses. If the flats are not let to other parties, the boardinghouse may make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least90 % of the contractually agreed price for overnight accommodation with or without breakfast as well as for package arrangements with third-party services, 70 % for half-board and60 % for full-board arrangements. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed.
Insofar as the Boardinghouse calculates the compensation specifically, the amount of compensation shall amount to a maximum of the contractually agreed price for the service to be provided by the Boardinghouse less the value of the expenses saved by the Boardinghouse as well as what the Boardinghouse acquires through other uses of the Boardinghouse services.
The above provisions on compensation apply accordingly if the guest does not make use of the booked flat or the booked services without giving notice in good time (no show).
V. Cancellation by the Boardinghouse
Insofar as the customer’s right to withdraw free of charge within a certain period of time has been agreed in writing, the boarding house is also entitled for its part to withdraw from the contract free of charge within this period of time if there are enquiries from other customers about the contractually booked flat and the customer does not waive his right to withdraw within 2 weeks upon enquiry by the boarding house. If the customer does not respond within this period, the boarding house is entitled to withdraw.
If an agreed advance payment or security deposit or one demanded in accordance with III. no. 5 is not made even after expiry of a reasonable period of grace set by the boardinghouse, the boardinghouse is also entitled to withdraw from the contract.
Furthermore, the Boardinghouse is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if:
- force majeure or other circumstances for which the Boardinghouse is not responsible make it impossible to fulfil the contract;
- flats are culpably booked with misleading or false information or concealment of essential facts (e.g. in the person of the customer, the solvency or the purpose of the stay);
- the Boardinghouse has justified cause to assume that the utilisation of the Boardinghouse service may endanger the smooth business operation, the security or the reputation of the Boardinghouse in public, without this being attributable to the Boardinghouse’s sphere of control or organisation;
- there is a breach of I. Clause 2 exists.
In the event of justified withdrawal by the Boardinghouse, the customer has no claim to compensation.
VI. Apartment provision, handover and return
The customer does not acquire a claim to the provision of certain flats unless this has been expressly agreed.
Booked flats are available to the customer at the earliest from 2.00 p.m. on the agreed day of arrival. The customer has no claim to earlier availability.
If the customer agrees an earlier arrival or a later departure with the boardinghouse, the boardinghouse is entitled to charge a flat rate of € 25 for each of these services.
On the agreed day of departure, the flats must be vacated and made available to the boarding house by 11.00 a.m. at the latest. Thereafter, in the event of late vacating of the flat, the Boardinghouse may charge 50% of the currently valid daily rate for its use in excess of the contract until 6.00 p.m., and 100% from 6.00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the Boardinghouse has not incurred any claim to a usage fee or that the claim is significantly lower. Furthermore, the Boardinghouse reserves the right to prove and assert higher damages.
VII. Liability of the Boardinghouse
In the event of damage caused, the boardinghouse is liable in accordance with the statutory provisions in the case of intent and gross negligence – including that of its vicarious agents. The same applies in the case of negligently caused damage from injury to life, body or health. In the case of negligently caused damage to property and financial loss, the Boardinghouse and its vicarious agents shall only be liable in the event of a breach of an essential contractual obligation, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations are those whose fulfilment characterises the contract and on which the customer may rely. Should disruptions or deficiencies occur in the services of the Boardinghouse, the Boardinghouse will endeavour to provide remedy upon knowledge or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to him/her in order to remedy the disruption and to keep any possible damage to a minimum, as well as to inform the boarding house immediately of all disruptions or damage.
The Boardinghouse is liable to the customer for items brought in in accordance with the statutory provisions of §§ 701 ff. BGB at most up to the amount of EUR 3,500.00. For money, securities and valuables the amount of EUR 800.00 shall replace EUR 3,500.00.
If the guest wishes to bring in money, securities and valuables with a value of more than EUR 800.00 or other items with a value of more than EUR 3,500.00, this requires a separate storage agreement with the boarding house. For further liability of the Boardinghouse the aforementioned regulation of VII.clause 1 applies.
Insofar as a parking space in the boardinghouse garage or in a boardinghouse car park is also made available to the customer against payment, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the boardinghouse property and their contents, the boardinghouse is only liable in accordance with VII.clause 1.
Messages, mail and consignments of goods for the customers will be handled with the utmost care. The boarding house shall undertake the delivery and storage (in each case in the boarding house) as well as – on request – the forwarding of the same against payment. Item 1 above applies accordingly.
In the event of excessive soiling of the flat, the Boardinghouse is entitled to demand an increased cleaning fee. This also applies to disregard of the smoking ban in the entire building. The Boardinghouse is entitled to charge the guest causing the damage 500 EUR per case of damage.
VIIII. Final Provisions
Amendments or supplements to the contract, the acceptance of application or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements by the customer are invalid.
Place of performance and payment is Göttingen.
The exclusive place of jurisdiction – also for disputes concerning cheques and bills of exchange – in commercial transactions shall be Göttingen. If a contractual partner fulfils the prerequisite of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the Boardinghouse, Göttingen.
German law shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
Should individual provisions of these general terms and conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.