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Terms and Conditions

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General terms and conditions of business

Apartment Hotel Berghaus Freiburg

The apartment owners in the Berghaus Freiburg property are hereinafter referred to as the apartment hotel.

Represented by the operator Berghaus Freiburg GmbH &. Co. KG

Management: Doris Müller & Achim Hombach

Stohren 23, 79244 Muenstertal

Germany

 

General Terms and Conditions for the Apartment Accommodation Agreement

The contract is concluded between the customer and the respective owner of the apartment (called apartment hotel). The owner is represented by Berghaus Freiburg GmbH & Co KG.

 

Scope

These terms and conditions apply to contracts for the rental of hotel rooms or apartments for lodging purposes as well as all other services and deliveries of the hotel for the customer.

2. The subletting and re-letting of the apartments provided as well as their use for purposes other than accommodation require the prior written consent of the operator.

3. The customer's terms and conditions shall only apply if this has been agreed in advance.

Conclusion of contract, partners, liability; limitation period

1. The contract comes into effect through the acceptance of the customer's application by the hotel. The apartment hotel is free to confirm the room booking in writing.

2. The contractual partners are the apartment hotel and the customer. If a third party has ordered for the customer, the customer is liable to Apartment Hotel together with the customer as joint and several debtor for all obligations arising from the accommodation contract, provided that Apartment Hotel has a corresponding declaration of the third party.

3. The apartment hotel is liable for its obligations under the contract. This liability is limited to deficiencies in performance which - except in the area typical of management - are due to intent or gross negligence on the part of the hotel. In all other respects, the Organiser is obliged to inform the Apartment Hotel in good time of the possibility of the occurrence of unusually large damage.

4 The period of limitation for all claims of the customer is 6 months. 

5 This limitation of liability and short period of limitation shall also apply in favour of Apartment Hotel in the event of a breach of obligations in the event of a contractual reminder and positive breach of contract.

 

Services, prices, payment, offsetting

1. The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.

2. The customer is obligated to pay the applicable or agreed prices of the hotel for the room and the other services used by him. This also applies to services and expenses of the hotel to third parties initiated by the customer.

3. The agreed prices include the respective statutory value added tax. If the period between the conclusion and the fulfillment of the contract exceeds 4 months and if the price generally charged by Apartment Hotel for such services increases, then the price can be increased by a reasonable amount, but not by more than 10%.

4. The prices can also be changed by the apartment hotel if the customer subsequently requests changes to the number of booked rooms, the services of the apartment hotel or the length of stay of the guests and the apartment hotel agrees to this.

5. Invoices of the hotel without a due date are payable within 21 days of receipt of the invoice without deduction. Apartment Hotel is entitled to make accrued claims due at any time and to demand immediate payment. In case of default of payment, Apartment Hotel is entitled to  charge interest at a rate of 5% above the respective base rate of the Deutsche Bundesbank. The customer reserves the right to provide evidence of a lower damage, and the hotel reserves the right to provide evidence of a higher damage.

6. The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the dates of payment can be agreed in writing in the contract.

7. The customer can only offset, reduce or assert a right of retention against a claim of the hotel with an undisputed or legally valid claim.

 

Withdrawal of the customer (cancellation, rescission)

1. The customer's withdrawal from the contract concluded with Apartment Hotel requires the written consent of Apartment Hotel. If this is not done, the agreed price from the contract is to be paid even if the customer does not make use of contractual services. This does not apply in cases of delay in performance on the part of the hotel or in the event of impossibility of performance for which the hotel is responsible.

2. Unless otherwise agreed, for a reservation of up to three rooms, a cancellation free of charge applies up to 14 days before the planned date of arrival, from 14 days 50% of the booked turnover is charged, from 7 days or in case of early departure 80% of the booked turnover is charged.

3. If a date for withdrawal from the contract has been agreed in writing between Apartment Hotel and the customer, the customer can withdraw from the contract until that date without triggering payment or damage compensation claims by Apartment Hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing vis-à-vis Apartment Hotel by the agreed date, unless there is a case of delay in performance by Apartment Hotel or an impossibility of performance for which Apartment Hotel is responsible.

4. If more than four rooms are reserved, cancellation must be arranged individually

 

Cancellation of the apartment hotel

1. If the customer's right to withdraw from the contract has been agreed in writing within a certain period, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his or her right to withdraw upon inquiry by the hotel.

2. If an agreed advance payment is not made even after a reasonable grace period set by the hotel with the threat of rejection has expired, the hotel is also entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if force majeure or other circumstances for which Apartment Hotel is not responsible make it impossible to fulfill the contract;

- Rooms are booked under misleading or false statement of essential facts, e.g. in the person of the customer or the purpose;

- The hotel has reasonable cause to believe that the use of the hotel services may jeopardize the smooth business operations, the safety or the reputation of the hotel in public without this being attributable to the hotel's sphere of control or organization.

4. Apartment Hotel has informed the customer immediately of the exercise of the right of withdrawal.

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

 

Room provision, handover, return

1. The customer does not acquire a claim to the provision of specific rooms.

2. Booked rooms are available to the customer from 15:00 o'clock on the agreed day of arrival.

3. On the agreed day of departure, the rooms of the apartment hotel must be vacated and made available no later than 11.00 a.m. Thereafter, Apartment Hotel may charge 50% of the full accommodation price (list price) for the additional use of the room until 6.00 p.m. in addition to the damage incurred by it, and 100% from 6.00 p.m. onwards. The customer is at liberty to prove to Apartment Hotel that it has not incurred any damage or that the damage is significantly lower.

 

Liability of the apartment hotel

1. The apartment-hotel is liable for the diligence of a prudent businessman. However, in areas not typical of the service, this liability is limited to deficiencies in performance, damages, consequential damages or disturbances that are attributable to intent or gross negligence on the part of Apartment Hotel. Should disruptions or defects in the services of the hotel occur, the hotel will provide remedy upon knowledge of such or upon immediate notification of the customer. The customer is obliged to do what is reasonable for him in order to remedy the disturbance and to keep damage as low as possible.

2. Apartment Hotel is liable to the customer for objects brought in according to the statutory provisions, namely up to one hundred times the accommodation price for one day, but not exceeding the amount of € 3,500.00; for value, money and valuables, the amount of € 800.00 replaces € 3,500.00. Apartment Hotel recommends making use of the possibility to store valuables in the apartment safe.
The liability claims expire if the customer does not notify Apartment Hotel immediately (§703 BGB).

3. The statutory provisions shall apply to the unlimited liability of the hotel.

4. If the customer is provided with a parking space in the garage or on an apartment hotel parking lot, even against payment, this does not constitute a safekeeping contract. Apartment Hotel l is not liable for loss of or damage to motor vehicles parked or shunted on the apartment hotel property and their contents, except in the case of intent or gross negligence. This also applies to vicarious agents of the hotel.

5. Wake-up orders are carried out by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.

6. Messages, mails and consignments of goods for the guests are treated with care. The apartment hotel will take care of delivery, storage and - if desired - forwarding of the same for a fee. Claims for damages, except for gross negligence or intent, are excluded.

7. Use of the WIFI connection is at your own risk. By using the apartment hotel's WIFI connection, the user declares that he/she does not infringe the rights of others (e.g. copyrights, etc.).

 

Final provisions

1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions for the accommodation in the apartment hotel should be made in writing. Unilateral changes or additions by the customers are invalid.

2. Place of performance and payment is the registered office of the hotel.

3. Exclusive place of jurisdiction - also for disputes concerning cheques and bills of exchange - is the registered office of the hotel. If a contractual partner fulfills the requirements of § 38 Paragraph 1 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.

4. German laws shall apply.

Should individual provisions of these General Terms and Conditions for the accommodation of the hotel be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects the statutory provisions shall apply.