- General terms and conditions
- The contract shall be concluded by the confirmation of the order by the apartement lessor with the customer (uniform designation for orderer, organizer, guest, etc.). Only these terms and conditions shall be part of the contract; any terms and conditions of the customer shall not be recognized; they shall apply to all services of Appartementhaus, in particular to the provision of apartments and other premises of Appartementhaus (hereinafter referred to comprehensively as: provision of services). If a third party has ordered for a customer, it shall be liable to Appartementhaus together with the customer as joint and several debtors. Appartementhaus may demand a reasonable advance payment from the customer and/or the third party. Subletting or reletting requires the written consent of the lessor.
- The prices are determined according to the price list valid at the time of the service provision. If fixed prices are stated in the order confirmation and if there are more than 4 months between the conclusion of the contract and the provision of the service, the lessor is entitled to make price changes. If a minimum turnover has been agreed and this is not reached, 60% of the difference can be demanded as lost profit, unless the customer proves a lower or the lessor a higher lost profit. Should the statutory VAT change during the term of the contract, the prices will be adjusted according to the VAT rate applicable during the period of stay.
- The contracting party does not acquire any claim to the provision of certain rooms or premises. If agreed rooms are not available, Appartementhaus shall endeavor to provide equivalent substitutes in other properties. The contracting party may have to accept a reasonable waiting period for this purpose.
- In case of concluded accommodation contracts, in which the customer can unilaterally declare the withdrawal from the contract (reservations), the right of withdrawal expires - also for the customer who is a tour operator - if the withdrawal was not declared in writing to the lessor within the period stated in the reservation.
- If no deadline is specified, the withdrawal can be declared (received in writing) no later than 12 weeks before the start of the service provision.
Booked rooms are available to the customer from 15.00. They must be vacated no later than 12:00 on the day of departure. Unless otherwise agreed, room bookings are on a guaranteed basis and are held for arrival after 18:00. In case of late cancellation or no-show, 100% of the room rate will be charged unless otherwise agreed.
- If the room reservation is tied to an event outside the landlord's business operations for the customer, then the customer may not invoke a lapse of the basis of the contract vis-à-vis the hotel if this event (e.g. trade fair) does not take place and remains obligated to pay within the scope of the agreement made. Excluded from this are cases of force majeure, i.e. that Appartementhaus may not offer the booked service on its part due to legal regulations.
- A non-binding option expressly designated as such must be exercised or returned in a binding manner no later than 42 calendar days prior to the arrival date. Exercised options are treated as firm reservations. Without timely binding exercise of the option, the apartment house is entitled to assign the reserved service to another party.
- Invoices that are not due according to the calendar are payable within ten days of the invoice date without deduction; default occurs upon receipt of the first reminder. From the date of default, the invoice shall bear interest at a rate of 8% above the base interest rate or reference interest rate of the European Central Bank, unless the lessor proves a higher or the customer proves a lower damage caused by default. A reminder fee of € 5.00 is owed for each reminder after default has occurred. The contracting party may set off counterclaims against Appartementhaus only to the extent that its claims are undisputed or have been finally determined by a court of law. Default in payment of even one invoice shall entitle Appartementhaus to discontinue all further and future services for the customer in all operations or to make them dependent on an advance payment in the amount of 100%. Appartementhaus shall decide on this without notice. In case of a total reservation of more than 9 overnight staysthe landlord reserves the right to demand an advance payment in the amount of 50 % of the ordered services, if the customer has his place of residence or business abroad, in the amount of 100 % of the ordered services. This amount is due 30 calendar days before arrival.
- Cancellation deadlines may differ for room bookings. Separate agreements are specified in the admission contract.
- Objects or materials left in generally accessible rooms of the apartment house and in the technical facilities of the same shall not be deemed to have been brought in if they have not been expressly taken into custody by a person authorized to do so. In the rooms, liability shall extend only to those objects and materials that were brought in by the person entitled under the accommodation contract. The Appartementhaus' liability for objects and materials brought into the room is limited to a maximum of € 3,000, except in cases of intent or gross negligence.
- In the publicly accessible areas of the house, the consumption of brought food and beverages is prohibited.
Retained items of the customer will be forwarded only at the request, risk and expense of the customer. The items will be kept for six months. A reasonable fee will be charged for this. After that, if there is a recognizable value, the things will be handed over to the local lost and found office. Any liability of the apartment house is excluded.
- Pets are not accepted.
- The hotel is liable for the diligence of a prudent businessman. If disruptions or defects occur in the Appartementhaus' services, the Appartementhaus shall endeavor to remedy the same upon the customer's immediate complaint. Irrespective of Sec. 11 and §§ 701 et seq. BGB (German Civil Code), Appartementhaus shall only be liable in the event of intent or gross negligence on the part of the company's legal representatives or executive employees. Safekeeping requires express agreement. Offsetting, reduction or retention are only permissible for the customer in the case of undisputed or legally established counterclaims. Any
Apart from §§ 701 ff. BGB (German Civil Code) - is limited to the amount of the agreed rental price. The limitation period for all claims of the customer is 6 months, calculated from the termination of the contract. This limitation of liability and short period of limitation shall also apply in favor of Appartementhaus in case of breach of obligations during the initiation of the contract, positive breach of contract and tortious acts.
- If the business operations or the safety of the apartment house or their guests are endangered by a contractual partner, the apartment house may withdraw from the contract. This shall also apply in the event of force majeure and other unforeseeable, extraordinary and non-culpable circumstances if this makes the performance of the lessor impossible, unreasonable or of no interest to the contractual partner.
- If, in the context of rentals, the organizer is a political, religious or ideological group, the effectiveness of the contract also requires the approval of the management. If the organizer conceals from the lessor that he represents a political, religious or ideological group, the contract shall be void in abeyance. If the management's approval is not granted even afterwards, the contract shall be invalid and the apartment house shall be entitled to refuse performance. In this case, the organizer is obligated to reimburse all expenses incurred by the lessor in reliance on the validity of the contract.
- If it was contractually agreed that the customer may withdraw from the contract within a certain period of time, Appartementhaus shall be entitled for its part to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the lessor.
If an agreed advance payment or security deposit is not made even after a reasonable grace period has expired, Appartementhaus shall also be entitled to withdraw from the contract.
Furthermore, Appartementhaus shall be entitled to withdraw from the contract extraordinarily for factually justified reasons, for example if
- force majeure or other circumstances beyond the control of the lessor make it impossible to fulfill the contract;
- rooms and rooms culpably under misleading or false information of facts essential to the contract, e.g. about the person of the customer or the purpose of the
stay, can be booked;
- the Appartementhaus has reasonable grounds to assume that the use of the service will jeopardize the smooth operation of the business, the safety or the security of the customer.
may jeopardize the reputation of the hotel in public without this being attributable to the hotel's sphere of control or organization;
- the purpose or occasion of the stay is unlawful; in case of justified withdrawal by the apartment house, the customer shall not be entitled to any compensation.
- a) The customer shall be liable to the hotel for any damage or loss occurring during the term of the contract, unless the damage is the responsibility of the hotel or was caused by a third party and the third party actually pays compensation, which must be proven by the customer in each case.
- b) The hotel may demand that the customer provide adequate security (e.g. advance payments, insurance, deposits).
- The Apartment House's contractual liability for defects existing at the time of conclusion of the contract that did not occur as a result of a circumstance for which the Apartment House is responsible is excluded.
- The contracting party is obliged to report any defects without delay, at the latest upon departure. Claims of the contracting party shall be asserted against the hotel within one month after the contractually agreed termination of the provision of services. After expiry of the deadline, the contracting party may only assert claims if he was prevented from complying with the deadline through no fault of his own. Claims of the contracting party shall become statute-barred after six months. The limitation period shall commence on the calendar day on which the performance of the service was to be terminated under the contract. If the contracting party has asserted claims with the hotel, the limitation period shall be suspended until the calendar day on which the hotel rejects the claims in writing.
- For booked services or rooms rented through a hosting agreement, the agreed fee must be paid even if the booking is later canceled by the customer or the customer does not appear (§ 552 BGB). The saved expenses of the landlord amount to 10 % for overnight stays. For the provision of other services, i.e. booked services other than those mentioned in sentence 2, in particular rent (room rent, equipment rent, provision costs, etc.), the time of cancellation shall determine the amount of the claim to reasonable remuneration. This results from the confirmation of the order by Appartementhaus as well as the appendix (item II 2.) of these terms and conditions; saved expenses in the other provision of services are thus compensated. The customer reserves the right to prove higher damages.
- The place of performance and payment for both parties is Heidelberg. German law shall apply. The place of jurisdiction - also for disputes regarding checks and bills of exchange - in commercial transactions is the location of the hotel.
- Deviating agreements or ancillary agreements must be in writing to be effective. Should individual provisions of the contract - including these terms and conditions - be invalid, this shall not affect the validity of the remaining provisions. The parties shall immediately replace the invalid provisions with valid provisions that come as close as possible to the meaning of the invalid provisions.
- The installation of decorative material or the like as well as the use of areas outside the rented rooms, e.g. for exhibition purposes, require the written consent of the apartment house and may be made dependent on the payment of an additional fee. These and other items brought in by the customers must comply with the local fire police and other regulations. If they are not collected immediately, but at the latest within 12 hours after the end of the event, they will be stored, for which an appropriate remuneration, at least equal to the rental costs for the room used, will be owed by the customer. Trash left behind by the customer may be disposed of at the customer's expense.
The use of smoke machines, sparklers, glitter or confetti cannons is prohibited in the entire building as well as in the outdoor area. In the event of a violation, the tenant is liable. Cleaning or compensation costs may be additionally charged to the tenant.
The organizer shall be liable for damages to the furnishings or inventory caused by guests, visitors, employees, other third parties from his area or himself during assembly or disassembly, as well as during the stay, for which the Appartementhaus is not responsible. The organizer is recommended to take out insurance for damages for which the Appartementhaus is not responsible.
- The customer must obtain any official permits required for an event in good time and at its own expense. He is responsible for compliance with public law requirements and other regulations. Charges payable to third parties for the event, in particular GEMA fees, entertainment tax, curfew reductions, etc., shall be paid directly to the creditor.
- If Appartementhaus procures technical or other equipment from third parties for the customer, it shall act on the customer's authority and for the customer's account; the customer shall be liable for the careful handling and proper return of the equipment and shall indemnify Appartementhaus against all claims of third parties arising from the transfer.
- The customer undertakes to inform the hotel immediately and without being requested to do so, but no later than upon conclusion of the contract, that the provision of services, whether due to their political, religious or other character, is likely to cause public interest or to affect the interests of the hotel. Newspaper advertisements, other advertising measures and publications that have a reference to the apartment house and/or that contain, for example, invitations to job interviews or sales events, generally require written consent. If the customer violates this duty of disclosure or if a publication is made without such consent, Appartementhaus shall have the right to cancel the event. In this case, Item 4 of the General Terms and Conditions (payment of rent and reasonable compensation) and the Annex to these Terms and Conditions shall apply accordingly.
- The publication of the name of the apartment house in which the event takes place is only permitted insofar as a representative agrees in writing. Excluded from this is the publication of the name for the purpose of indicating the location of the event and any directions, provided that it is not a publication in media accessible to an unlimited number of persons and provided that the name is not particularly emphasized compared to the rest of the text.
Additional terms and conditions for groups - unless otherwise contractually agreed, the following provisions apply:
- Groups in the sense of these GTC are travel groups with a minimum number of booked 10 people, there is joint arrival and departure. Only one total invoice will be issued and given to the tour guide. For a group with less than 10 people, the prices for individual travelers apply. There is no right to grant group prices; based on individual agreement, group prices can be granted depending on availability and demand.
- Reservations must be confirmed in writing: series groups are confirmed with the signature of the contract. Point groups are confirmed 42 calendar days before the arrival of the respective group. The final list of names of the members of the respective group must be communicated to the apartment house 10 calendar days before arrival.
3.the apartment house sends the organizer a reservation confirmation with the essential components of the recorded reservation and information about the check-in as well as the terms of payment.
- Quantity and cancellation
- a) Series groups: The advance payment amounts to the amount corresponding to the accommodation costs of an average stay. This amount is due after confirming the booking and will be charged to the last stay of the series.
- b) Point groups: Reservations are binding for the apartment house only after a deposit of 50% has been paid after the booking has been confirmed, if the organizer has his place of residence or business abroad, after a deposit of 100% and after the booking has been confirmed. This deposit will be retained by the apartment house in case of cancellation, if the cancellation is made within 42 calendar days before the arrival of the group. In the case of cancellations for groups, point I.8. of these GTC otherwise applies accordingly.
- Invoicing for punctual groups: Invoices are payable in Euros four calendar days prior to the group's arrival by bank transfer or by covered bank check, or in cash upon the group's arrival, unless otherwise agreed.
- All costs in addition to the usual contractual services, unless otherwise specified in the contract, are to be paid by each participant upon departure. In case of non-payment by the individual participants, the organizer is liable.
The Berggasthof Königstuhl GmbH & Co. KG is generally not willing and obliged to participate in dispute resolution proceedings of a consumer arbitration board.