Apartments in Paffenhofen
General Terms & Conditions of Business ZÄHLWERK Pfaffenhofen (from IGP Immobilien GmbH)
a) These Terms and Conditions of Business apply to contracts for the rental of rooms for accommodation purposes and to all other services and deliveries provided to the customer by the hotel.
b) Subletting of the rooms provided or their use for purposes other than accommodation requires the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 of the BGB (German Civil Code) is waived insofar as the customer is not a consumer.
c) The customer’s own terms and conditions shall apply only if agreed in writing beforehand.
2. Conclusion of a contract, contractual partners, statute of limitations
a) The contract is concluded when the hotel accepts the customer’s request for rooms. It is up to the hotel whether or not to confirm the room booking in writing.
b) The contractual partners are the hotel and the customer. If a third party has reserved a room on behalf of the customer, that third party shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the accommodation contract.
c) All claims against the hotel are generally subject to a limitation period of one year from the beginning of the statutory limitation period. Claims for compensation become time-barred after five years, subject to knowledge of the claim concerned. The reduction of the statute of limitations period shall not apply to claims based on a wilful or grossly negligent breach of duty by the hotel.
3. Services, prices, payment, set-off
a) The hotel is obliged to keep the rooms booked by the customer at the ready and to provide the agreed services.
b) The customer is obliged to pay in advance the hotel’s applicable or agreed prices for the room and the services used by the customer. This also applies to any expenses for hotel services the customer arranges for third parties.
c) The agreed prices include the currently valid statutory value added tax. If the rate of value added tax changes on the date of performance of the service, the prices agreed in each case shall change accordingly, and the hotel is entitled to subsequently charge the increase in value added tax. If the period between conclusion and fulfilment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price accordingly, but by no more than 5%.
d) The hotel may furthermore adjust the prices if the customer subsequently requests changes to the number of rooms booked, the hotel’s services or the length of stay of the guests, and the hotel agrees to such changes.
e) Hotel invoices without a due date are payable immediately upon receipt without discount. The hotel is entitled to declare at any time its accrued receivables to be due and to demand immediate payment. In the event of default on payment, the hotel is entitled to demand the respectively applicable statutory default interest in the amount of 8% currently or, in the case of legal transactions in which a consumer is involved, in the amount of 5% above the base interest rate. The hotel reserves the right to prove higher damages.
f) The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
g) The customer may only offset, retain or reduce a payment owed to the hotel in the case of an undisputed or legally valid claim.
4. Cancellation by the customer, non-use of hotel services (no-show)
a) The customer requires the hotel’s written consent to cancel the contract. If no written consent is granted, the price agreed in the contract must be paid even if the customer does not make use of the contractual services. This shall not apply in the event of a breach by the hotel of its obligation to take the customer’s rights and legal and other interests into consideration when the customer as a result can no longer be reasonably expected to adhere to the contract, or if the customer has any other legal or contractual right of cancellation.
b) If the hotel and the customer have agreed in writing on a deadline for cancelling the contract, the customer may cancel the contract up to that date without incurring payment or compensation claims by the hotel. The customer’s right of cancellation expires if he does not exercise this right by informing the hotel in writing by the agreed date, unless it is a case of cancellation by the customer pursuant to Section 4. a) sentence 3.
c) In the case of rooms not used by the customer, the hotel shall offset the income from renting the rooms to other parties as well as the expenses saved.
d) The hotel is entitled to demand the contractually agreed payment and to make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight accommodation with or without breakfast.
e) Unless otherwise agreed, cancellations are possible free of charge up to 21 days before arrival.
f) When booking online, the customer has the one-time right to cancel or change the booking within 24 hours free of charge.
g) The customer is at liberty to prove that the above-mentioned claim did not arise, or did not arise in the amount claimed.
5. Cancellation by the hotel
a) If the customer’s right to cancel the contract free of charge within a certain period of time has been agreed in writing, the hotel is likewise entitled to cancel the contract during that period if there are inquiries from other guests regarding the contractually booked rooms and, upon inquiry by the hotel, the customer does not waive his right to withdraw.
b) If an agreed advance payment or the advance payment requested in accordance with Sections 3. e) and/or f) above is not made on time, the hotel is also entitled to cancel the contract.
c) Furthermore, the hotel is entitled to extraordinary cancellation of the contract for objectively justified reasons, for example if:
▪ force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
▪ apartments are booked under misleading or false statements of material facts, e.g. as regards the customer himself or the purpose of the booking;
▪ the hotel has reasonable cause to believe that the use of the accommodation services may jeopardise the smooth running of the business or the security or public reputation of the hotel, without this being the fault of the ownership or management of the hotel.
▪ there is a breach of Section 1. b) above.
d) The hotel must inform the customer immediately of its exercise of the right of cancellation.
e) In the event of justified cancellation by the hotel, the customer shall not be entitled to claim damages.
6. Provision, handover and return of hotel rooms
a) The customer has no right to being provided with specific rooms.
b) Booked apartments are available to the customer from 2:00 p.m. on the agreed day of arrival. The customer has no right to occupy the rooms before this time.
c) On the agreed day of departure, the apartments must be vacated and made available to the hotel by 11:00 a.m. at the latest. After that time, the hotel may charge 50% of the full accommodation price (daily rate) for the apartment’s use beyond the contractual period until 3:00 p.m. as a result of delayed vacating of the apartment, and 100% thereafter. This shall not form the basis for any contractual claims by the customer. The customer is at liberty to prove that the hotel has no claim to a fee for usage, or a significantly lower claim.
7. Liability by the hotel
a) The hotel shall be liable for fulfilling its obligations under the contract with due commercial diligence. Customer claims for damages are excluded, with the exception of damage resulting from injury to life, body or health if the hotel is responsible for a breach of duty, and other damages attributable to a wilful or grossly negligent breach of duty by the hotel. A breach of duty on the part of the hotel is equivalent to that of a legal representative or vicarious agent. Should there be any disruptions or deficiencies in the hotel’s services, the hotel shall endeavour to remedy the situation as soon as it becomes aware of it or upon the customer’s immediate complaint. The customer is obliged to do whatever can be reasonably expected to help remedy the disruption and to keep possible damage to a minimum.
b) The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to a maximum of one hundred times the room rate, but not exceeding €3,500, and for money and valuables up to €800. The liability claims expire if the customer does not notify the hotel immediately upon becoming aware of loss, destruction or damage (§ 703 BGB [German Civil Code]).
c) If a parking space is made available to the customer, even for a fee, this does not constitute a safekeeping contract. The hotel shall not be liable for loss of or damage to motor vehicles and bicycles parked on the property or their contents, except in cases of wilful intent or gross negligence. The above paragraph a) sentences 2 to 4 shall apply accordingly.
d) Messages, mail and goods received on behalf of customers will be treated with due care. The hotel does not however undertake to deliver, store or forward the same. The above paragraph a) sentences 2 to 4 shall apply accordingly. Receiving such items for the customer does not constitute a safekeeping order.
e) No liability is assumed for lost property. Such property will only be returned to the customer on request and against payment. The hotel undertakes to store lost goods for 3 months.
8. Final provisions
a) Any amendments or supplements to this contract, and these General Terms and Conditions for accommodation must be made in writing. This also applies to the cancellation of this written form clause. Unilateral amendments or additions by the customer are invalid.
b) The place of performance and payment is the registered office of the hotel.
c) The exclusive place of jurisdiction, including for disputes concerning cheques and bills of exchange, is the registered office of the hotel. Insofar as a contractual partner fulfils the requirements of § 38 Para. 1 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall likewise be the hotel’s registered office.
d) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws process.
e) Should any provisions of these General Terms & Conditions for accommodation be invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.