General Terms and Conditions of Guest Accommodation (GTC)
1. Scope
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1.1 These terms and conditions apply to contracts for the rental of apartments for accommodation and the rental of event rooms for conferences, seminars, congresses, banquets, etc., as well as all other services and deliveries provided to the customer by Apartmenthaus Pelikan, hereinafter referred to as the Apartmenthaus. ​
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1.2 The subletting or further rental of the provided rooms or event rooms, as well as the use of the rooms for purposes other than accommodation, require the prior written consent of the Apartmenthaus. ​
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1.3 The customer's terms and conditions only apply if previously agreed in writing.
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2. Conclusion of contract, partners, liability, limitation period
2.1 The contract is concluded upon acceptance of the customer's application by the apartment building. The apartment building is free to confirm the booking in writing.
2.2 The contracting parties are the apartment building and the customer. If a third party has booked on behalf of the customer, they are jointly and severally liable to the Apartmenthaus for all obligations arising from the apartment building accommodation contract, provided that the Apartmenthaus has received a corresponding declaration from the third party.
2.3 All claims against the Apartmenthaus generally expire one year from the start of the regular limitation period of Section 199 (1) of the German Civil Code (BGB), which is dependent on knowledge. Claims for damages expire in five years, regardless of knowledge. The shortened limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the Apartmenthaus.
2.4 This limitation of liability and short limitation period also apply to the Apartmenthaus in the event of a breach of obligations during the initiation of the contract and a positive breach of contract.
3. Services, prices, payment, offsetting
3.1 The Apartmenthaus is obligated to keep the apartments booked by the customer available and to provide the agreed services.
3.2 The customer is obligated to pay the applicable or agreed prices of the Apartmenthaus for the provision of the room and any additional services used by the customer. This also applies to services and expenses incurred by the Apartmenthaus for third parties at the customer's request.
3.3 The agreed prices include the applicable statutory VAT. If the VAT rate increases on the day the service is provided, the agreed prices will be adjusted accordingly. The Apartmenthaus is entitled to subsequently charge VAT. If the period between conclusion of the contract and fulfillment of the contract exceeds four months and the price generally charged by the Apartmenthaus for such services increases, the Apartmenthaus may increase the contractually agreed price appropriately, but by no more than 10%.
3.4 The Apartmenthaus may also change prices if the customer subsequently requests changes to the number of rooms booked, the services provided by the Apartmenthaus, or the length of stay of guests, and the Apartmenthaus agrees to this.
3.5 Apartmenthaus invoices without a due date are payable without deduction within 10 days of receipt of the invoice. The Apartmenthaus is entitled to declare accrued amounts due at any time and demand immediate payment. In the event of late payment, the Apartmenthaus is entitled to charge interest at a current rate of 8%, or 5% above the base interest rate of the European Central Bank for legal transactions involving a consumer. The customer reserves the right to prove lower damages, while the Apartmenthaus reserves the right to prove higher damages. For each reminder issued after the due date, the customer must reimburse reminder fees of €5. All other costs incurred in connection with debt collection are borne by the customer.
3.6 The Apartmenthaus is entitled, upon conclusion of the contract or thereafter, to request an appropriate advance payment or security deposit, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract.
3.7 Furthermore, the Apartmenthaus is entitled, at the beginning and during the stay, to request an appropriate advance payment or security deposit from the customer within the meaning of No. 6 above for existing and future claims arising from the Apartmenthaus accommodation contract, provided that such payment has not already been made in accordance with No. 6 above.
3.8 The customer may only offset or reduce a claim against the Apartmenthaus with an undisputed or legally binding claim.
4. Customer withdrawal
4.1 Any withdrawal by the customer from the contract concluded with the Apartmenthaus requires the written consent of the Apartmenthaus. If this consent is not obtained, the agreed price under the contract must be paid even if the customer does not use the contractual services (compensation). This does not apply in cases of default by the Apartmenthaus or an impossibility of providing the service for reasons attributable to the Apartmenthaus.
4.2 If a date for withdrawal from the contract has been agreed in writing between the Apartmenthaus and the customer, the customer may withdraw from the contract up to that date without triggering any payment or damage claims by the Apartmenthaus. The customer's right of withdrawal expires if they do not exercise their right of withdrawal in writing to the Apartmenthaus by the agreed date, unless the Apartmenthaus is in default of performance or the Apartmenthaus is unable to provide the service for reasons attributable to the Apartmenthaus.
4.3 For apartments not used by the customer, the Apartmenthaus must credit the income from renting the rooms to other parties as well as the saved expenses.
4.4 The Apartmenthaus is free to charge a flat rate for any damages incurred and to be reimbursed by the customer. The customer is then obligated to pay 75% of the total price in the event of a cancellation within 7 days of arrival and 50% of the total price within 14 days of arrival. In the event of a no-show, the guest will be charged the full price of the booking. The customer is free to provide evidence that no damage was incurred or that the damage incurred by the Apartmenthaus is less than the flat rate requested.
5. Withdrawal of the Apartmenthaus
5.1 If the customer's right of withdrawal within a certain period has been agreed in writing, the Apartmenthaus is entitled to withdraw from the contract during this period if other customers request the contractually booked rooms and the customer does not waive their right of withdrawal upon request from the Apartmenthaus. This applies accordingly if an option is granted.
5.2 If an agreed advance payment is not made even after the expiration of a reasonable grace period set by the Apartmenthaus with a threat of rejection, the Apartmenthaus is also entitled to withdraw from the contract.
5.3 Furthermore, the Apartmenthaus is entitled to withdraw from the contract for good cause for objectively justified reasons, for example, if force majeure or other circumstances beyond the Apartmenthaus's control make fulfillment of the contract impossible; if services are booked under misleading or false information regarding essential facts, e.g., regarding the customer's identity or the purpose; the Apartmenthaus has reasonable grounds to believe that the use of the service could jeopardize the smooth operation, security, or public reputation of the Apartmenthaus, without this being attributable to the Apartmenthaus's sphere of control or organization; a violation of the scope of application, paragraph 2 above, has occurred.
5.4 The Apartmenthaus must immediately notify the customer of the exercise of the right of withdrawal.
5.5 The Apartmenthaus may prohibit or cancel unauthorized interviews, sales events, and similar events.
5.6 In the event of a justified withdrawal by the Apartmenthaus or the cancellation of an unauthorized event in accordance with No. 5 above, the customer shall not be entitled to compensation.
6. Provision of the Apartmenthaus
6.1 The customer does not acquire any right to the provision of specific rooms or event spaces.
6.2 Booked apartments are available to the customer from 3:00 PM on the agreed arrival date. The customer has no right to earlier availability.
6.3 On the agreed departure date, the rooms must be vacated and made available to the apartment building by 10:00 AM at the latest. After this time, the Apartmenthaus may charge 50% of the full accommodation price (list price) for the additional use of the room until 12:00 PM, and 100% from 3:00 PM, in addition to any damages incurred. This does not constitute grounds for contractual claims by the customer. The customer is free to prove to the apartment building that no damage or significantly lower damages were incurred.
7. Liability of the Apartmenthaus
7.1 The Apartmenthaus is liable for its obligations under the accommodation contract with the due care of a prudent businessman. Customer claims for damages are excluded.
7.2 If a parking space is provided to the customer, even for a fee, this does not constitute a safekeeping contract. The Apartmenthaus is not liable for the loss or damage of motor vehicles parked or maneuvered on the property and their contents. This also applies to vicarious agents of the Apartmenthaus.
7.3 Any items left behind will only be returned upon request, at the customer's risk, and at their expense. The Apartmenthaus will retain the items for three months; after that, if they have any identifiable value, they will be handed over to the local lost property office. If there is no identifiable value, the Apartmenthaus reserves the right to destroy them after this period.
8. Final provisions
8.1 Changes or additions to the contract, the acceptance of the application, or these Terms and Conditions must be made in writing. Unilateral changes or additions by the customer are invalid.
8.2 The place of performance and payment is the registered office of the Apartmenthaus.
8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules is excluded.
8.4 Should individual provisions of these Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.