Applicability of agreement
- These General Terms and Conditions apply to contracts covering the hire, lease of rooms for lodging, as well as all other services and supplies delivered by the pension ARTE | P | 73 hereinafter called “pension”, and the “client” which means the person for whom the pension has agreed to provide the services in accordance with these terms.
- The subletting or sublease of the room/s, as well as the usage to other as for accommodation purposes require an approval in writing by the pension.
- Variant terms and conditions supplied by the client are only adapted, if they are agreed upon.
Conclusion of a contract, partner, liability, limitation of claim
- The contract comes into existence with the confirmation of the booking transmitted through email by the pension.
- The contractual partners are the client and the pension. If a reservation through a third party has been performed, this party and the client are liable for all obligations resulting from the accommodation contract as joint debtors, provided that the pension received a corresponding statement by the third party.
- The pension is responsible for its obligations stated in the contract. Within the non-typical sector of services the liability is limited to intent and gross negligence.
- The period of limitation for all claims of the client totals up to six months.
- These limitations of liabilities and period of limitation are valid in favour of the pension, even if a violation of a contract during the initiation, or a default in performance of contract has occurred.
Benefits, prices, payment, netting
- The pension is obligated to keep the booked rooms and to perform the services agreed upon.
- The client is bound to pay all applicable or contracted duties for the lease and the services booked or utilised. This applies also to services arranged by the client for third parties.
- The prices agreed upon include the currently valid VAT. If the time period in between the contract and its fulfilment exceeds four month a possible moderate rise in the pension prices can be added to the contracted price at the maximum rate of 10%.
- Prices are subject to change, if the client wishes to alter the amount of rooms booked, the duration of stay, or the services to be supplied. The approval of the pension to these alterations is mandatory.
- Invoices without a stated due date are to be paid within ten days upon receipt without deduction. The pension is entitled to accumulate receivables at any time and demand immediate payment. In case of delayed payments the pension is entitled to charge a default interest amounting to 4% above the current discount rate of the Deutsche Bundesbank (German Federal Bank). The client is entitled to prove if only a smaller damage has occurred, the pension is entitled to attest a higher one.
- With the completion of a contract the pension is entitled to demand a fair upfront payment or a deposit of a security according to the legal regulations for package tours (Pauschalreisen) in Germany. The amount of prepayment, as well as the term of payment shall be fixed within the contract accordingly.
- The client can only count up or lessen the outstanding money with an undisputable or legally valid claim against the pension.
Cancellation/withdrawal of a contract, reversal
- The cancellation of the contract requires the approval of the pension in writing. If the approval does not take place, the amount due according to the contract has to be paid in full, even when the contractual fixed services are not utilized. These conditions do not apply in case the pension defaults with the performance and services, or in case of an impossibility of performance caused by the pension.
- If a date of cancellation has been fixed contractually, the client may cancel the contract within the period agreed upon, and without causing any demand of damages by the pension. The right of withdrawal expires, if the client fails to deliver a corresponding statement before the due date stated in the contract. These conditions do not apply in case the pension defaults with the performance and services, or in case of an impossible performance caused by the pension.
- Given a client does not occupy rooms he booked, revenues of a re-let a room and expenditures saved are being reimbursed to the clients account by the pension.
- The pension may generalize damages occurred, which are to be compensated by the client. The client is bound to pay 50% of the amount fixed within the contract if the cancellation occurs up to five days before the date of arrival at the pension, 80% up to three days, and 90 % on the contracted date of arrival at the pension respectively. The client is entitled to prove if no damage has occurred, or that the damages are smaller than the generalized claim of the pension.
Cancellation by the pension
- If the right to withdraw within a fixed period has been agreed in writing, the client and the pension can withdraw from the contract within aforesaid period. Given the pension intents to withdraw from the contract, it is committed to contact the client and to ask if he wants to waive his right of withdrawal and go ahead with the contract as agreed, or to cancel the contract.
- The pension has the right to withdraw from a contract if a prepayment as requested has not being paid even after a grace period has been granted to the client.
- Furthermore the pension has the right to withdraw from the contract in following cases:
- When the performance or prompt performance of its obligations is prevented or affected by reason of force majeure. Force Majeure means any event which the pension or the supplier of the service could not, even with all due care, foresee or avoid such as war or threat of war, riots, civil strife, terrorist activity, industrial action, natural or nuclear disaster, fire, adverse weather conditions, closure of airports or ports, technical problems with transport, governmental action and all other similar events.
- If the client uses misleading or false data referring to the guest and/or the purpose of stay.
- If the pension has substantiated reasons to believe that the utilization of the services will lead to a disturbance within the business, or for reasons of security, or for reasons damaging the reputation of the pension in public
- If a breach “Applicability of agreement, paragraph No. 2″ is present.
- The pension is obligated to inform the client of its exertion to withdraw from the contract without delay.
- In case of a justified withdrawal of the contract by the pension the client is not entitled to claim any damages arising hereby.
Provision of rooms, -delivery, and return
- The client does not acquire a right to obtain a certain room.
- Booked rooms will be available for the client from 15.00h on the day of arrival. The client does not have a right to have the room to his disposal at an earlier hour.
- Upon the day of departure the rooms are to be cleared at 11.00h. Damages occurring due to later check-out can be charged by the pension with 50% of the list-price up to 1800h , from 18.00h up the surplus charge will be 100% of the list-price. The client is entitled to prove if no damage has occurred, or that the damages are smaller than the claim of the pension.
Liabilities of the pension
- The liabilities of the pension to the client is the obligation to exercise diligence like an established merchant, for the carefully execution of the bookings, the correctness of the service specifications, as well as the duly performance of the services. In case of interruptions or shortcomings of the services supplied by the pension, the pension will take remedial action upon notification or rebuke of the client. The client is obliged to contribute reasonable efforts to remedy the interruptions or shortcomings, and to minimize a possible damage.
- For items brought into the pension, the pension will be liable according to the provisions of the law.
- For unconditional liabilities of the pension the provisions of law apply.
- Changes or supplements of the contract, the acceptance proposal, or the pensions General Terms and Conditions as stated herein shall be executed in writing. Unilateral changes or supplements of the client are invalid.
- Place of fulfilment ad payment is the registered office of the pension.
- Exclusive place of jurisdiction is Bremen, Germany. This applies also to disputes about cheques and bills. If a contracting party complies with §38, passage 2 ZPO (civil process order) and does not possess a place of jurisdiction within Germany, the place of jurisdiction will be Bremen, Germany.
- German law applies
- Should a provision of this General Terms and Conditions be invalid or become invalid or should this agreement contain an omission, then the legal effect of the other provision shall not thereby be affected. Instead of the invalid provision a valid provision is deemed to have been agreed upon which comes closest to what the parties intended; the same applies in the case of an omission. Apart from that legal provisions apply.