General Terms and Conditions
These General Terms and Conditions shall apply to contractshosts concerning the rental of apartments in the hosts located at Alte Spinnerei 2a in Kolbermoor, Germany, rendered by the hosts operator, Gudrun and Peter Brickwede for the guests in this context. Gudrun and Peter Brickwede shall be referred to as “hosts” in the following.
Provisions deviating from those set forth herein, even if included in the guest’s or orderer’s General Terms and Conditions, shall not apply unless approved of in writing by the hosts.
2 Conclusion of Contract
The contract (contract for accommodation) shall come into being through the confirmation by the hosts of the booking made by the guest. It shall be at the discretion of the hosts to confirm the booking in writing.
The hosts and the guest represent the contracting parties. Should a third party have booked on behalf of the guest, this orderer shall be liable towards the hosts together with the guest as a joint debtor for all liabilities arising from the contract provided that the hosts disposes of a corresponding declaration by the orderer. Irrespective of the aforementioned, each orderer shall be obliged to pass all information relevant for the booking, including but not limited to these General Terms and Conditions of the hosts, to the guest.
Rental of the apartments shall occur for accommodation purposes. The sublease of the apartments as well as their use for other than accommodation purposes shall require prior consent of the hosts.
3 Term of Lease and Services
The term of lease for the apartments of the hosts shall be a minimum of 1 day and a maximum of 6 months.
The hosts shall be responsible to hold ready the apartment booked by the guest in accordance with these General Terms and Conditions and the service description on the website (https://www.boardinghaus-kolbermoor.de).
4 Day of Arrival and Departure
The booked apartment shall be available to the guest from 3:00 pm on the agreed day of arrival. The guest shall not be entitled to an earlier availability.
The check-in of the guest shall be completed on the agreed day of arrival via a terminal located in the entrance area of the house; the same shall apply to the check-out on the agreed day of departure.
On the agreed day of departure, the apartment shall be vacated and made available to the hosts by 11:00 am. In case of late vacation and return of the apartment, the guest shall be liable to pay 50% of the accommodation price (list price) as a compensation fee to the hosts for the occupation of the apartment beyond the contract. Should the occupation of the apartment beyond the contract extend to later than 6:00 pm on the agreed day of departure, the guest shall be liable to pay 90% of the accommodation price as a compensation fee, and in case of use of the apartment the full accommodation price to the hosts. Contractual entitlements of the guest shall not be established hereby. The hosts shall reserve the right to proof a higher loss. In such case it shall be at the discretion of the guest to proof that the hosts did not suffer any or a considerably lower loss.
The apartment shall be returned on the agreed day of departure in a cleared and clean-swept state. Otherwise the guest shall be responsible to cover the actual costs incurred and established for the cleaning required therefor. It shall be at the discretion of the guest to establish proof that the aforementioned claim did not occur or not at the amount stipulated.
5 Prices, Payments
The guest shall be liable to pay the prices agreed for the rental of the apartment and the additional services booked by the guest. Subject to a deviating contractual agreement of the contracting parties, the prices (list prices) of the hosts valid at the time of the conclusion of the contract, or, in case of a subsequent extension of the contract, the prices valid at the respective time of the extension of the contract or the booking shall be agreed.
The list prices are published on the website of https://www.boardinghaus-kolbermoor.de. The agreed prices include the statutory VAT applicable at the time of the conclusion of the contract. Should the statutory VAT on the agreed services change after the conclusion of the contract, the prices shall be adapted accordingly; for contracts with consumers, this shall only apply if the period between the conclusion of the contract and the agreed day of arrival exceeds four months. List prices shall be exclusive of local fees that are to be covered by the guest themselves according to municipal law (e.g. visitor’s tax).
The hosts shall be entitled to charge the guest an appropriate advance payment or deposit no higher than the expected total price for the stay upon or after the conclusion of the contract.
Unless the guest does not have to pay the agreed price for the apartment in advance upon or after the conclusion of the contract, the price for the apartment shall be paid in monthly installments starting from the agreed day of arrival no later than on the third workday of the month for each month in advance.
Should the guest request an extension of the contract, the hosts shall be entitled to charge an advance payment no higher than the expected total price for the extended period upon or after the agreement on the extension of the contract. For the agreement on the extension of the contract, the provisions set forth in section 2 shall apply accordingly.
Invoices of the hosts without a payment date shall be due for payment within one week after receipt of invoice.
The acceptance and selection of credit cards shall be at the discretion of the hosts in each individual case upon presentation of a credit card. This shall also apply if the hosts indicates general acceptance of credit cards, for example on the website or a posted notice.
Credit cards and other forms of payment are otherwise accepted only on account of performance. Should the guest default on fulfilling a payment request by the hosts, the hosts shall be entitled to declare immediate maturity of all claims against the guest, including deferred or credited claims. In case of default of payment, the hosts shall be entitled to charge the applicable statutory interest for default. The hosts reserves the right to proof a higher loss. Each reminder after occurrence of default may collect reminder charges in the amount of EUR 5.00.
The guest may offset claims by the hosts only against those counter claims which are undisputed or have been validated by due legal process or may execute a right of retention.
All claims of the guest against the hosts shall become time-barred within one year from the commencement of the statutory period of limitation. Commencement of the period of limitation shall be defined in accordance with Section 199 Sub-section 1 of the BGB (German Civil Code). The reduction of the limitation period shall not apply to claims arising from a deliberate or grossly negligent breach of duty by the hosts, a legal representative of the hosts, or a vicarious agent of the hosts, neither to damage from injury to life, body, or health if the hosts is responsible for the breach of duty, and neither to damage arising from a deliberate or negligent breach of contract-typical duties of the hosts, a legal representative of the hosts, or a vicarious agent of the hosts. Duties typical for the contract shall be such duties necessary for the proper performance of the contract and which the customer can normally trust and expect to be complied with.
6 Guest Right of Withdrawal
The guest shall be entitled to withdraw from the contract entered with the hosts free of charge until no later than four weeks before the agreed day of arrival. The deadline shall be considered observed if the declaration of withdrawal is received by the hosts in due time (in writing or by e-mail to firstname.lastname@example.org).
After expiration of the period of withdrawal according to the section above, a withdrawal by the guest from the contract entered into with the hosts shall require the consent of the hosts unless otherwise explicitly agreed. Should the hosts not consent to the withdrawal by the guest, the guest shall be liable to pay the agreed price notwithstanding that the guest shall not make use of the contracted services. This shall not apply if, after due consideration of the interests of both parties, the guest cannot reasonably be expected to adhere to the contract or the guest is otherwise entitled to any other legal or contractual right of withdrawal. Should the guest hereafter be liable to pay the agreed price and should the guest not make use of the apartment, the hosts shall have to offset the earnings from a possible alternative renting of the apartment as well as the saved expenses against the price to be paid by the guest. Should the apartment not be rented to another guest, the saved expenses of the hosts shall be compounded with 10% of the agreed price, i.e. the guest shall have to pay 90% of the agreed price in any such case. It shall be at the discretion of the guest to establish proof that the aforementioned claim did not occur or not at the amount stipulated.
Any advance payment and deposit by the guest in accordance with section 5 shall be refunded to the guest within two weeks after receipt of the declaration of withdrawal. In case of a withdrawal less than four weeks before the agreed day of arrival, this shall apply only insofar as the advance payment or deposit exceeds the guest’s liability to pay.
After a declaration of withdrawal by the guest, the hosts shall be entitled to rent the booked apartment to another guest.
7 hosts Right of Withdrawal and Notice
As long as the guest is entitled to cancel the contract free of charge according to section 6, the hosts shall be entitled to withdraw from the contract if other guests requested the apartment booked by contract and the guest does not waive their right to withdraw from the contract free of charge upon inquiry by the hosts specifying an adequate deadline.
Should a guest fail to pay an agreed or claimed advance payment or deposit according to section 5 even within an adequate period of grace granted by the hosts, the hosts shall be entitled to withdraw from the contract.
Further the hosts shall be entitled to withdraw from the contract or exercise extraordinary termination of the contract for good cause. This shall apply including but not limited to if
In case of the withdrawal or the extraordinary termination by the hosts being justifiable, the guest shall not be entitled to damages.
In case of withdrawal or extraordinary termination by the hosts under section 7, the hosts shall be entitled to claim from the guest the payment of the agreed price provided the guest is responsible for the reason of termination, except for the reason that the construction company is unable to finish the construction of the apartment. In any such case the earnings from a possible alternative renting of the apartment as well as the saved expenses shall be offset against the price to be paid by the guest. Should the apartment not be rented to another guest, the saved expenses of the hosts shall be compounded with 10% of the agreed price, i.e. the guest shall have to pay 90% of the agreed price in any such case. It shall be at the discretion of the guest to establish proof that the aforementioned claim did not occur or not at the amount stipulated.
8 Guest Liability
The guest shall be liable to handle the rented apartment including the furniture and equipment located therein, further common spaces and facilities of the hosts with due care and consideration.
The guest shall be liable for any damage incurred to the hosts by themselves, their guests, or other persons under their responsibility. This shall apply including but not limited to damage to the apartment and its furniture and equipment, removal of furniture and equipment, as well as to damage to the common areas of the hosts.
In case of nonobservance of the fire protection regulations, which are made available to the guest upon the guest app and visible in the apartment, the guest shall be liable for all costs arising from triggering a false alarm.
All guests of the hosts shall have access to a combined washing/drying machine within their apartment for common use at no extra charge. The guest shall be liable to handle the washing machine with due care in case of use and observe the regulations for use according to the posted notice. The guest shall be liable for any damage arising from the improper use of the appliances. This includes but is not limited to damage to the appliances and pertaining repair costs as well as consequential damage due to leaking water.
The locking system shall be operated by an electronic key with a transponder. In case of loss of a key, a fee of EUR 50.00 shall be payable. For an opening service, the guest shall cover the actual costs incurred and documented, but at least an amount of EUR 100.00.
Should faults or disruptions of the services of the hosts occur, the guest shall have to give prompt notice of the defect upon detection as for the hosts to be in the position to eliminate the faults or disruptions as required. Should the guest neglect to notify the hosts of a fault, no entitlement to a reduction of the agreed price shall occur. The guest shall be obligated to a reasonable contribution to eliminating the disruption and keeping damage to a possible minimum.
9 hosts Liability
The hosts shall undertake to fulfil its contractual obligations with the due care of a prudent businessman. Claims for damages by the guest shall be excluded. Excluded hereof are
Duties typical for the contract shall be such duties necessary for the proper performance of the contract and which the customer can normally trust and expect to be complied with. Any breach of duty by a legal representative or vicarious agent of the hosts shall be deemed equal to a breach of duty by the hosts.
In the event of loss or damage to motor vehicles parked or maneuvered in the underground garage and their content, the hosts shall be liable only in accordance with aforesaid section 9 sentences 2 to 4.
There is no special service for handling messages, mail, and consignments for guests. The guest can use the in-house mailboxes with their official postal address and apartment no. during his stay. The guest shall have to effect a change of address order with delivery services to the new place of residence; the hosts shall not forward any messages, mail, or consignments to a new address.
10 Contract Penalty, Special Remarks
All apartments as well as common spaces of the hosts are non-smoking areas. Smoking is prohibited within all of the apartments. For each case of violation, the guest shall be liable to pay a lump-sum contract penalty in the amount of EUR 250.00 to the hosts. The hosts reserves the right to enforce higher cleaning and renovating charges; in any such case the contract penalty shall be offset against the costs incurred. In such case it shall be at the discretion of the guest to proof that no or a lower loss incurred. Violation shall furthermore constitute an event of use contrary to contract, which may entitle the hosts to extraordinary termination of contract.
Animals are generally not permitted in the apartments. Animals may only be brought by the guest by way of exception after prior consent of the hosts and against payment of an extra fee. There shall be no entitlement to the consent of the hosts.
Lost property shall be forwarded to the guest only upon request and against reimbursement of the costs incurred thereby. In any other event the hosts shall keep such property for a period of six months.
The guest understands and acknowledges that video surveillance may be installed in the common areas of the building. This shall not constitute any entitlement for the guest.
11 Final Provisions
Adaptations or amendments to the contract or these General Terms and Conditions shall be made in writing. Unilateral adaptations or amendments through the guest shall be rendered invalid.
Place of fulfillment and payment as well as the exclusive place of jurisdiction in business transactions shall be the head office of the hosts (Kolbermoor, Germany).
Insofar as a contractual partner fulfils the prerequisites set forth in Section 38 Sub-section 2 of the ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the head office of the hosts.
The law of the Federal Republic of Germany shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods and the conflict of laws shall be excluded.
Should individual provisions of these General Terms and Conditions be or become invalid or void, the effectiveness of all other provisions shall remain unchanged. Legal regulations shall apply otherwise.
The guest shall be liable to exercise due diligence. This shall include, without being limited to, the adherence to special traffic rules put up in the underground garage. Instructions of the staff of the hosts or the property management aimed at ensuring safety or concerning the domestic authority are to be followed at all times. Road traffic regulations (StVO) shall apply accordingly otherwise.
Solely passenger vehicles that are officially registered, covered by liability insurance, and roadworthy shall be permitted to park in the underground garage.
Vehicles may only be parked within the marked parking spaces. The hosts shall be entitled to move vehicles parked in a faulty manner by means of appropriate measures at the guest’s expense. In such event, the hosts may charge a lump-sum fee; it shall be at the discretion of the guest to proof that the costs did not occur or are considerably lower than the lump-sum fee. Should the guest use more than one parking space, the hosts shall further be entitled to charge the full price for the number of parking spaces actually occupied according to the price list.
Each guest is recommended to securely lock the vehicle when leaving it and not to leave any articles of value inside the vehicle.
3 Safety and Regulatory Provisions
The maximum allowed speed within the underground garage is limited to walking pace (6 km/h). Road traffic regulations (StVO) shall apply otherwise.
Prohibited in the underground garage are:
The underground garage shall only be accessed for the purpose of parking, loading and unloading, or collecting a vehicle. 4 hosts Liability The hosts shall not accept custody or other duty of care for the vehicles or other items brought into the underground garage by the guest; the hosts shall not provide surveillance or safekeeping. The hosts shall not accept liability for damage caused by other guests or other third parties. This shall include, without being limited to, damage, demolition, or theft of parked vehicles or of movable/installed items from inside the vehicles or of items fixed on or to the vehicles. The guest understands and acknowledges that the underground garage is available to all users and guests of the object located at Alte Spinnerei 2a. The use of the underground garage is at the guest’s own risk.
The hosts liability is otherwise determined in accordance with section 9 sentences 2 to 4 of the General Terms and Conditions of the hosts. The guest shall be liable to report possible damage to their vehicle to the hosts promptly.
5 Guest Liability
The guest shall be liable for any damage incurred to the hosts by themselves, their visitors, or other persons under their responsibility or for culpably caused damage to third parties. They shall be liable to report to the hosts all damage occurring within their responsibility promptly and prior to leaving the underground garage.
Further, the guest shall be liable for culpably caused contamination of or damage to the underground garage and the rented parking space.
6 Right of Retention, Lien, Removal of Vehicle
The hosts shall be entitled to a right of retention and a statutory lien on the vehicle parked by the guest based on the claims arising from the contract entered into with the guest.
After expiration of the agreed rental period, the hosts shall be entitled to have the vehicle removed from the underground garage at the guest’s expense provided that the guest and/or vehicle owner was informed in writing with fixing a period of time of no less than two weeks without result.The hosts shall be entitled to remuneration according to the price list until removal of the vehicle.
The hosts shall furthermore be entitled to remove and/or dispose of vehicles without official registration provided that the guest/vehicle owner was previously threatened with this procedure and did not satisfy the request for removing the vehicle within a reasonable period of time determined by the hosts. Such threat and request shall be deemed irrelevant if the guest/vehicle owner could not be determined despite undertaking reasonable measures. The guest/vehicle owner shall be entitled to possible proceeds from the disposal reduced by costs incurred and reduced by the amount payable for the parking space according to the price list until removal of the vehicle.
Also in the event of exigent circumstances, the hosts shall be entitled to remove the vehicle of the guest from the parking space or the underground garage.
7 Underground Garage Release
In case of technical breakdown, a service hotline is provided for the guests. Should it become necessary for suppliers of the hosts to come to the premises by reason of the guest’s personal negligence, the guest shall cover the actual costs incurred and documented, but at least an amount of EUR 100.00.
8 General Terms and Conditions
The General Terms and Conditions of the hosts shall apply. They are accessible on the website of https://www.boardinghaus-kolbermoor.de.