General terms and conditions of Guesthouse Management GmbH
1. Validity of these conditions
1.1 These general terms and conditions apply to the entire business relationship
including the future between the customer (hereinafter: tenant) and The Guesthouse Management GmbH (hereinafter: TGM for short). This covers the service apartment contract and all services provided in connection with the execution of these contracts in or on all
buildings and areas belonging to The Guesthouse Management GmbH in each case.
1.2 The tenant's general terms and conditions do not apply. You will
contradicted.
2. Conclusion of contract
2.1 Offers from TGM are subject to change and non-binding until the contract is concluded.
2.2 The contract is concluded as soon as the apartment: 1-room, 2-room and penthouse (hereinafter collectively: apartment)) is booked by acceptance by the tenant. If a booking cannot be made due to time constraints, the contract is concluded with the provision of the apartment. The conclusion of the contract obliges the contracting parties to fulfill the contract, regardless of the duration for which the contract has been concluded. If the booking tenant is not also the user, the booking tenant and the user of TGM are jointly and severally liable for the obligations arising from the booking.
2.3 If there is more than 4 months between the conclusion of the contract and the provision of services, the landlord can increase the contractually agreed monthly rent accordingly, but by a maximum of 10%.
2.4 The price (see 5) must be paid monthly in advance, received no later than the 3rd working day of a month, free of charge to the TGM account, or the amount will be paid via direct debit, alternatively via a digital payment method.
2.5 TGM is free to confirm a booking in writing. Cancellations and comparable declarations are only effective if they are made in writing.
2.6 If the tenant is an entrepreneur, only the written booking confirmation from TGM is decisive for the content of bookings, unless the tenant immediately objects in writing. This applies in particular to orders and agreements made orally or by telephone. In any case, a notification to TGM is no longer immediate if it has not been received within seven days.
2.7 For group bookings (5 units/apartments or more), the organizer is obliged to send TGM a list of participants no later than 14 days before arrival.
2.8 The provision of §545 BGB, according to which the rental agreement is extended for an indefinite period unless the landlord declares his will contrary to the extension of the rental agreement after the end of the rental period, does not apply.
3. Delivery and departure
3.1 Living spaces may only be used by the tenant for residential purposes. If the tenant uses the living spaces for commercial purposes or other purposes outside the residential purpose, this constitutes use contrary to the contract, which entitles the landlord to terminate the apartment without notice if the tenant continues to use it after the warning.
3.2 Booked apartments are available to the tenant from 15:00 on the day of arrival. Unless a later arrival time has been expressly agreed, TGM reserves the right to allocate booked apartments to others after 18:00 unless a sufficient guarantee (advance payment, valid credit card with coverage of the expected total costs, down payment) has not been provided or provided in advance.
3.3 There is no right to provide certain apartments or premises. If certain apartments are confirmed in the booking confirmation but they are not available, TGM can provide an equivalent replacement in the house. Further claims by the tenant are excluded.
3.4 Sublet or re-let the apartments is excluded. The occupancy of the apartments by more than the booked number of persons requires the prior written consent of TGM
3.5 The tenant is obliged to identify himself upon arrival, to deposit a corresponding security deposit (valid credit card with coverage in the amount of the expected total cost of the stay, deposit payment or similar) with the property management company. The tenant is also required to fill out and sign the police registration form in full with his personal details by arrival.
3.6 The tenant is aware that as soon as the period of residence exceeds a period of 2 months, he is legally obliged to register with the registration authority within one week. The tenant also expressly undertakes to register with the landlady. In the event of a breach of this obligation or in the event of any other conduct that prevents a prescribed registration, the landlord is entitled to terminate the contract extraordinarily and without notice.
3.7 If, upon departure of the tenant or return of the rental property, damage is discovered which has been demonstrably caused by culpable conduct on the part of the tenant, TGM is entitled to charge the tenant's credit card as security in the amount of the expected repair costs. After the repair work has been carried out, TGM will immediately bill the tenant for the actual repair costs incurred.
3.8 Cosmetic repairs must be carried out by the tenant if the appearance and condition of the rental property require this objectively or taking into account the rental purpose.
3.9 TGM is entitled to request security in the form of a credit card guarantee, a down payment or the like upon conclusion of the contract. The amount of the advance payment and the payment date can be contractually agreed in writing.
3.10 Pets may only be brought with the prior approval of TGM and for a fee.
3.11 Departure must take place no later than 11:00 a.m. on the day of departure; by this time, the apartment must be vacated. If used by 12:00 on the day of departure, TGM can calculate the daily rate (accommodation price/list price) and after 12:00 with the full accommodation price. The tenant undertakes to pay this additional fee.
3.12 An extension of the stay beyond the period agreed in the serviced apartment contract is only possible after prior timely consultation with the property management. This agreement should be made at least before the end of the period of stay and requires written confirmation from TGM. The written confirmation is considered an extension of the contract within the meaning of the serviced apartment contract. In principle, there is no right to an extension.
3.13 Photography and filming for commercial purposes are prohibited throughout the property.
3.14 The tenant is obliged to maintain private liability insurance during the contract period.
4. Cancellation
4.1 Reservations are binding for contract partners. The tenant's payment obligation under the TGM subscription contract is not reduced by the actual expenses saved by TGM, but in accordance with these conditions.
4.2 The following conditions apply to individual bookings; unless otherwise confirmed in writing: Reservations up to 6 nights can be cancelled free of charge up to 14 days before the date of arrival. If the cancellation is made from the 14th day before arrival, there is a cancellation fee of 70% of the costs for the entire booking period. If the cancellation is made 48 hours before arrival, there is a cancellation fee of 90% of the costs for the entire booking period. Reservations of 14 to 29 nights can be cancelled free of charge up to 21 days before the date of arrival. If the cancellation is made from the 20th day before arrival, there is a cancellation fee of 90% of the costs for the entire booking period. Reservations of 30 nights or more can be cancelled free of charge up to 45 days before the date of arrival. If the cancellation is made from the 44th day before arrival, there is a cancellation fee of 90% of the costs for the first month of booking (30 nights).
4.3 The following conditions apply to group bookings (> 5 apartments) or reservations for trade fair and special periods, unless otherwise agreed in the contract: A booking can be cancelled free of charge up to 60 days before arrival. In the event of a cancellation from 59 days before arrival, the tenant's payment obligation amounts to 90% of the costs for the entire booking period. Regulation is subject to provision 4.4.
4.4 Where possible, TGM will endeavour to allocate unused apartments elsewhere. If TGM is able to provide cancelled services to third parties within the agreed period of time, the contractual partner's compensation is reduced by the amount paid by these third parties for the cancelled service, but up to a maximum of the amount of compensation forfeited. The booker is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
5. Prices/Payments/Set-off/Assignment
5.1 The prices are individual and can be calculated differently on a daily basis. All prices include VAT (7%). If a price was promised in the booking confirmation or in the serviced apartment contract, this is decisive. If the booking was made more than 8 months ago, TGM can adjust the price stated there accordingly, but by a maximum of 6%.
5.2 When making bookings, TGM may require an advance payment or security deposit from the tenant.
5.3 After receipt of the invoice, TGM invoices are payable without deduction within 10 days at the latest, but absolutely before the start of the rental period.
5.4 The tenant is only entitled to offset if the counterclaim on which he bases his right is undisputed or if this claim has been legally established. The same applies to the assertion of retention rights. The tenant's claims and rights against TGM may only be assigned to third parties with the written consent of the tenant.
6. Termination
6.1 TGM may cancel for important reasons. There is an important reason in particular if - advance payments in accordance with Section 5.2 are not made by the agreed date (unless the date is specified at the latest 30 days before arrival); - the tenant does not fully comply with his agreed, time-limited payment obligations - Force majeure, strike, operational disruptions through no fault of TGM's fault make it impossible to fulfill the contract; - TGM has reasonable cause to believe that the overnight stay is smooth loose business that may jeopardize the safety or reputation of TGM in public without this being attributable to TGM's sphere of control or organization; - There has been an unauthorized sub-letting or sub-letting of the leased premises.
6.2 TGM shall immediately inform the tenant in writing of the exercise of the right of termination. In the above-mentioned cases of termination, the contractual partner is not entitled to compensation. TGM's claims for damages and expenses remain unaffected.
7. Liability
7.1 Items left behind by the tenant in TGM's premises will only be sent back at the tenant's request, risk and expense. TGM undertakes to store such items for 4 weeks. After this point, the objects, if there is an obvious value, will be handed over to the local lost property office. In all other cases, these will be handed over to the finder upon receipt.
7.2 Insofar as the tenant is provided with a parking space in the underground car park (also for a fee), this does not result in a custody contract. TGM is not liable if vehicles parked or shunted in the underground car park are lost or damaged. There is no monitoring obligation on the part of TGM. Any damage must be reported to TGM immediately. Section 8.6 applies accordingly.
7.3 Notwithstanding the provisions in sections 7.1 to 7.2, TGM's liability for damage of any kind (contractual or tort) is excluded. This exclusion does not apply - to damage caused intentionally or grossly negligently by the LI; - in cases of slight negligence for damage resulting from injury to life, body or health, and — subject to the provisions in Sections 8.5 and 8.6 — to damage based on a breach of essential contractual obligations by TGM. Significant contractual obligations are all obligations whose fulfilment makes the proper execution of the contract possible in the first place.
7.4 In cases of negligent breach of essential contractual obligations, TGM's liability — with the exception of damage to life, limb or health — is limited to the damage typical of the contract and foreseeable for TGM upon conclusion of the contract or the breach of duty. In this respect, TGM's liability for damages that are exclusively attributable to the tenant's area of risk is excluded.
7.5 The above liability exclusions and limitations in sections 7.1 to 7.4 also apply to TGM's liability for its organs, employees and vicarious agents of TGM.
7.6 The above exclusions and limitations of liability do not apply to claims under the Product Liability Act, insofar as liability is mandatory thereafter.
7.7 If negligent or intentional misconduct on the part of the tenant causes a fault or fire alarm with resulting damage to TGM (including fire service, room damage, etc.), the tenant is obliged to pay a lump sum compensation of 3,000.00€. The compensation is to be set higher or lower if TGM proves higher damage or if the tenant proves that less damage or no damage has occurred at all.
7.8 If the tenant has locked himself out of the rented rooms, the door will be opened by an emergency key service commissioned by the landlord. For this assignment, the tenant is charged a flat fee of 100€ including VAT. If a key is lost, the tenant is generally liable and bears all resulting costs. A flat fee of 130€ including VAT will be charged. Any additional costs, in particular for the replacement of locks or the entire locking system, will also be charged to the tenant if he is responsible for the loss.
8. Garage use
8.1 The guarding and storage of the vehicle with its contents and load is not part of the contract; the rental of the motor vehicle is at the renter's own risk.
8.2 In addition to these parking conditions, the general road traffic regulations apply to the use of parking spaces and behavior in the park area.
8.3 The following are prohibited by the police: - The use of fire and smoking - the loading of operating materials, their containers and all other flammable substances and objects - letting the engine run without driving - honking unnecessarily and causing restful noises of all kinds
8.4 Traffic signs and signs in the park area must be observed
8.5 You may only drive at walking pace in the park area.
8.6 The vehicle must be parked in the rented parking space in such a way that unhindered parking is possible at any time in the neighboring parking spaces. If this provision is not complied with, TGM can put the vehicle in the necessary position at the renter's expense and risk.
8.7 It is prohibited to repair or clean the vehicle on the parking lot, roadways or ramps, or to fill in or drain cooling water, operating fluids or oils.
8.8 Any contamination of the park area and its entry and departure must be avoided and otherwise removed immediately.
8.9 The park must be used carefully and properly. The tenant is liable for all damage caused by him. Such damage must be reported to TGM immediately.
8.10 TGM reserves the right to supplement and change these recruitment conditions at any time.
8.11 The garage key must be handed over to TGM immediately after the end of the contract.
8.12 Damaged or lost keys can be purchased from TGM at a price of EUR 55.00 plus statutory value added tax.
9. Place of Fulfilment, Jurisdiction, Applicable Law
9.1 The place of fulfilment and payment is the headquarters of TGM in Düsseldorf.
9.2 In commercial transactions, i.e. if the tenant is a merchant, legal entity under public law or a special fund under public law, the exclusive place of jurisdiction — including for check and bill of exchange disputes — is the registered office of TGM in Düsseldorf. This also applies in the event that the tenant, as a non-merchant, meets the requirement of Section 38 (2) of the Code of Civil Procedure and has no general place of jurisdiction in Germany, transfers his place of residence or habitual place of residence from the Federal Republic of Germany after conclusion of the contract or his place of residence or habitual place of residence is unknown to TGM at the time the action is brought.
9.3 Only German law applies to the exclusion of the UN sales law.
9.4 Additional oral or written agreements have not been made. Amendments or additions must be made in writing in order to be legally effective; the same applies to the waiver of the written form requirement.
9.5 Should individual provisions of the contract, including the terms and conditions, be invalid, this shall not affect the effectiveness of the remaining provisions. The parties will immediately replace the ineffective provisions with effective provisions that come as close as possible to the intended purpose and their economic significance.
9. Place of Fulfilment, Jurisdiction, Applicable Law
TGM is entitled to process and store the data received about the tenant in connection with the business relationship — even if this comes from third parties — in accordance with the Federal Data Protection Act and to have it processed and stored by third parties commissioned by TGM.