GENERAL TERMS AND CONDITIONS ZÄHLWERK APARTMENTS

1. Scope of application

a) These terms and conditions apply to contracts for the rental of rooms for lodging purposes as well as to all other services and deliveries provided by the hotel for the customer.

b) The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer.

c) The customer’s terms and conditions shall only apply if this has been agreed in writing in advance.

2. Conclusion of contract, contract partner; limitation period

a) The contract is concluded upon acceptance of the customer’s application by the hotel. The hotel is at liberty to confirm the room reservation in writing.

b) The contractual partners are the hotel and the customer. If a third party has booked on behalf of the customer, it 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 shall generally become time-barred one year after the commencement of the statutory limitation period. Claims for damages shall become time-barred after five years, irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

3. Services, Prices, Payment, Offsetting

a) The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

b) The customer is obliged to pay in advance the applicable or agreed prices of the hotel for the room rental and the services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer.

c) The agreed prices include the applicable statutory value-added tax. If the VAT rate changes on the day the service is provided, the agreed prices shall change accordingly; the hotel is entitled to charge the VAT increase subsequently. If the period between conclusion and fulfillment 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 appropriately, but by no more than 5%.

d) The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel’s services or the duration of the guests’ stay and the hotel agrees to this.

e) Hotel invoices without a due date are payable immediately upon receipt of the invoice without deduction. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions in which the consumer is involved, 5% above the base interest rate. The hotel reserves the right to provide evidence of 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 may be agreed in writing in the contract.

g) The customer may only offset, retain or reduce a claim of the hotel with an undisputed or legally binding claim.

4. Withdrawal by the customer (cancellation), non-utilization of the hotel’s services (no-show)

a) Withdrawal by the customer from the contract concluded with the hotel requires the hotel’s written consent. If this is not done, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This shall not apply in the event of a breach of the hotel’s obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is otherwise entitled to a statutory or contractual right of withdrawal.

b) If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of rescission shall expire if he does not exercise his right of rescission in writing vis-à-vis the hotel by the agreed date, unless a case of rescission by the customer pursuant to clause 4. a) sentence 3 exists.

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 at liberty to demand the contractually agreed remuneration 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 accommodation with or without breakfast.

e) Unless otherwise agreed, free cancelations are possible up to 21 days before arrival.

f) In the case of an online booking, the customer has the right to cancel or change the booking free of charge once within 24 hours.

g) The customer is free to prove that the above-mentioned claim has not arisen or has not arisen in the amount claimed.

5. Withdrawal of the hotel

a) Insofar as the customer’s right to withdraw from the contract free of charge within a certain period has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other guests regarding the contractually reserved rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel.

b) If an agreed advance payment or an advance payment requested in accordance with section 3 e) and/or f) above is not made in due time, the hotel is also entitled to withdraw from the contract.

c) Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if

▪ force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract

▪ apartments are booked with misleading or false information regarding material facts, e.g. the identity of the customer or the purpose of the booking

▪ the hotel has justified cause to believe that the use of the accommodation services may jeopardize the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization

▪ there is a breach of the above clause 1. b)

d) The hotel must inform the customer of the exercise of the right of withdrawal without delay.

e) In the event of justified withdrawal by the hotel, the customer shall not be entitled to claim damages.

6. Room provision, handover and return

a) The customer is not entitled to the provision of specific rooms.

b) Booked apartments are available to the customer from 14:00 on the agreed day of arrival. The customer is not entitled to earlier availability.

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. Thereafter, the hotel may charge 50% of the full accommodation price (current daily rate) for the delayed vacating of the apartment until 3:00 p.m., and 100% thereafter. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee.

7. Liability of the hotel

a) The hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty and other damages based on an intentional or grossly intentional breach of duty by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Should disruptions or deficiencies in the hotel’s services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.

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 one hundred times the room rate, up to a maximum of € 3,500.00, and for money and valuables up to € 800.00. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB).

c) If the customer is provided with a parking space, even for a fee, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles and bicycles parked or maneuvered on the property and their contents, except in cases of intent or gross negligence. Paragraph a) sentences 2 to 4 above apply accordingly.

d) Messages, mail and consignments of goods for customers shall be handled with care. The hotel shall not be responsible for the delivery, storage or forwarding of the same. Paragraph a) sentences 2 to 4 above shall apply accordingly. A safekeeping agreement shall not be concluded.

e) No liability is assumed for lost property. They will only be returned on request for a fee. The hotel undertakes to keep them for 3 months.

8th Covid update

In cities and districts with a stable seven-day incidence below 100, hotels throughout Germany are currently allowed to open for tourist purposes for all national and international guests. A negative corona test must be presented on arrival; PCR test, rapid test or self-test under supervision; in Bavaria the test must be a maximum of 24 hours old. In Bavaria, the test regulation applies to both business travelers and vacation guests. Fully vaccinated persons, convalescents and children up to their sixth birthday are exempt from the testing requirement; proof must be provided. The corresponding proof or test can also be sent to the hotel in advance by e-mail on the day of arrival: home@zaehlwerk-apartments.de.

9. Final provision

a) Amendments and supplements to the contract or these General Terms and Conditions for Accommodation must be made in writing. This also applies to the revocation 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 – also for disputes concerning checks and bills of exchange – is the hotel’s registered office. If a contractual partner fulfills the requirements of § 38 paragraph 1 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall also be the registered office of the hotel.

d) German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

e) Should individual provisions of these General Terms and Conditions for Accommodation 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.