Terms and Conditions
für die Beherbergung in den Suites MITTE Apartments Eisenach,
Kleine Löbergasse 2, 99817 Eisenach
1.1 These terms and conditions apply to contracts for the letting of apartments for the purpose of accommodation, as well as to any other services and provisions rendered for the guests by the landlord.
1.2 Subletting or re-letting of the rented apartments and their usage for any other purpose as for accommodation requires advance written approval by the landlord.
1.3 The guest’s general terms and conditions shall only apply if this has been explicitly agreed in advance.
2. CONCLUSION OF THE CONTRACT, CONTRACTUAL PARTNERS, LIABILITY, LIMITATION
2.1 The contract is concluded with the landlord’s acceptance of the guest’s request. The landlord is free to confirm the conclusion of the contract or the booking in writing. If the guest’s request is submitted through the landlord’s electronic reservation system, the guest will automatically receive a booking confirmation by e-mail.
2.2 The landlord and the guest are the contractual partners. If a third party has made the reservation for the guest, they and the guest are liable towards the landlord as joint debtors for all obligations under the contract.
2.3 The landlord is liable for his obligations under the contract. Outside the area of the typical provision of services, liability is limited to intent and gross negligence on the part of the landlord.
2.4 The limitation period for all claims on the part of the guest is 6 months.
2.5 This limitation of liability and short period of limitation apply in favor of the landlord even in case of a breach of obligations during the contract negotiations and a positive violation of a contractual duty.
3. Services, prices, payment, offsetting
3.1 The landlord is obligated to hold one or more apartments in the apartment category booked by the guest and to provide the agreed services.
3.2 The guest is obligated to pay to the landlord the applicable or agreed prices for the lease of the apartment(s) and the services used. This also applies to services effected by the guest and to expenses for third-party services on the part of the landlord.
3.3 The agreed prices include taxes and local charges applicable at the time of the conclusion of the contract. Local fees, which are owed by the guest according to local law, such as the visitor’s tax, are not included.
In the event of a change in the statutory sales tax or a new introduction, modification or abolition of local charges with regard to the subject of the agreement after the conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between the conclusion of the contract and the performance of the contract exceeds four months.
3.4 The prices can also be changed by the landlord, if the guest subsequently wishes to change the number of booked apartments, the services to be provided by the landlord or the length of stay of the guests and the landlord agrees to these changes.
3.5 The landlord’s invoices without a due date are payable immediately. In the case of long-term stays (bookings of 28 nights or more) invoices are payable no later than 10 days after receipt of the invoice without deductions. The landlord has the right to declare accrued claims due at any time and to demand immediate payment.
3.6 The landlord is entitled to request a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The landlord also has the right, at the conclusion of the contract or thereafter and at his own discretion, to carry out a pre-authorization on the basis of credit card data and to block the invoice amount or a part thereof on the credit card until settlement. The amount of the advance payment, the blocked amount and the payment dates can be agreed in writing in the contract.
3.7 In justified cases, such as payment arrears on the part of the customer or an extension of the scope of the contract, the landlord has the right, even after conclusion of the contract and until the time the guests begin their stay at the apartment, to request an advance payment or a security deposit in terms of the previous paragraph
3.6 or an increase of the advance payment or security deposit that was already agreed in the contract up to the full amount of the agreed payment.
3.8 The guest can only set off or reduce a claim from the landlord with an undisputed or legally enforceable claim of his own.
4. WITHDRAWAL ON THE PART OF THE GUEST
(CANCELLATION, REVERSAL) / NON-APPEARANCE (NO SHOW) / NON-UTILIZATION OF SERVICES
4.1 A withdrawal of the guest from the contract concluded with the landlord requires written approval from the landlord. If the approval is denied, the contractually agreed price must be paid even if the guest does not utilize the contractually agreed services. This does not apply in cases of a delayed provision of service on the part of the landlord or in case of the provision of services being impossible for reasons the landlord is responsible for.
4.2 If a deadline for the withdrawal from the contract has been agreed between the landlord and the guest in writing, the guest may withdraw from the contract up to this date without causing payment or damage claims on the part of the landlord. The guest’s right of withdrawal shall expire if he does not exercise his right to withdraw from the contract in writing vis-à-vis the landlord by the agreed date, unless there is a case of default on the part of the landlord or in case of the provision of services being impossible for reasons the landlord is responsible for.
4.3 In case of a guest not using an apartment, the landlord must set off revenues from letting the apartment to other guests and expenses saved against his claims.
4.4 The landlord is free to lump-sum the damage he has incurred which has to be compensated by the guest. Depending on the contractually agreed duration of the stay, the guest is then obligated, to make the following payments as lump sum compensation for damages:
in case of a withdrawal up to 30 days before the planned day of arrival: 35% of the total lodging price,
in case of a withdrawal between 30 and 10 days before the planned day of arrival: 50% of the total lodging price,
in case of a withdrawal 10 days or less before the planned day of arrival: 100% of the total lodging price.
The guest is free to prove that no damage has occurred or that the damage suffered by the landlord is lower than the required lump sum price.
5. WITHDRAWAL ON THE PART OF THE LANDLORD
5.1 If a right of withdrawal on the part of the guest within a certain time period has been agreed in writing, the landlord is for his part during this period also entitled to withdraw from the contract, if requests from other guests for the apartments booked under the contract are at hand and the guest does not, upon request from the landlord, renounces his right to withdraw.
5.2 If an agreed advance payment is not made even after expiry of a reasonable period of grace set by the landlord under pain of refusal, the landlord shall also have the right to withdraw from the contract.
5.3 The landlord is furthermore entitled to withdraw from the contract for an objectively justified reason, for example, if force majeure or other circumstances for which the landlord is not responsible make fulfillment of the contract impossible. This also applies if apartments are booked based on a misleading or false statement of essential facts, such as regarding the person of the guest or the purpose, or if the landlord has reasonable cause to believe that the use of the accommodation service may jeopardize unimpeded business operations or jeopardize the security or reputation of the landlord in public without this having to be attributed to the responsibility or organizational domain of the landlord.
5.4 The landlord must immediately notify the guest of his exercising his right of withdrawal.
5.5 In case of a legitimate withdrawal by the landlord, there will be no right to compensation for damages on the part of the guest.
6. PROVISION OF APARTMENTS, HANDOVER AND RETURN
6.1 The customer does not obtain a right for the provision of specific rooms, unless this has been explicitly agreed upon.
6.2 Booked apartments are available to the guest after 3.00 pm on the agreed arrival day. The customer has no right to earlier availability.
6.3 On the agreed departure day, the rooms must be vacated by 11.00 am, at the latest. After that and in addition to the damage he may have incurred because of this, the landlord may charge 50% of the full accommodation price (list price) for the additional use of the room until 6.00 pm and 90% after 6.00 pm. The guest is free to prove to the landlord that the landlord has sustained no or significantly lower damage.
7. LANDLORD’S LIABILITY
7.1 The landlord is liable outside the area of the typical provision of services, but limited to performance deficiencies, damage, consequential damage or disruption, which can be attributed to intent or gross negligence on the part of the landlord. Should disruptions or deficiencies occur in the services of the landlord, the landlord will, immediately after taking note of this or after immediate notification by the guest, make every effort to remedy the situation. The guest is obligated to make a reasonable contribution to remedy the disturbance and to minimize possible damage.
7.2 For objects brought by the guest, the landlord is liable towards the guest according to the legal provisions, this means up to a hundred times the rent price for the apartment, but not more than 3,500 Euros, as well as money, securities and valuables or precious objects up to a value of 800 Euros. Money, securities and valuables or precious objects can be stored in the room safe up to a maximum value of 3,500 Euros. The landlord recommends making use of this possibility. The liability claims expire if the guest does not notify the landlord immediately after learning of the loss, destruction or damage (§ 703 BGB, German Civil Code).
7.3 Statutory provisions apply for the unlimited liability of the landlord.
7.4 Insofar as the guest is provided with a parking space in a parking lot, even for a fee, no safekeeping agreement is concluded. The landlord is not liable for loss or damage with regard to vehicles, and their contents, parked or moving on the parking space, except in cases of intent or gross negligence on the part of the landlord. This also applies to vicarious agents of the landlord.
7.5 Messages, mail and deliveries of goods for guests will be treated with care. The landlord will carry out the delivery, storage and – upon request – the forwarding of the same for a fee. Claims for damages, except in cases of gross negligence or intent, are excluded.
8. FINAL PROVISIONS
8.1 Changes and additions to the contract, the acceptance of the request or of these General Terms and Conditions should be made in written form. Unilateral changes or additions on the part of the guest are ineffective.
8.2 The place of fulfillment and payment as well as the exclusive place of jurisdiction is Eisenach. If a party to the contract fulfills the requirements of § 38 (2) ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the landlord.
8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.
8.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. Apart from that, statutory provisions apply.
8.5 The English version of this document is a translation of the German original for information purposes only. In case of a discrepancy and for legal purposes, the German original will prevail.