General terms and conditions
Insofar as the "Guest House" is referred to in the following, it is "12-Zimmerfrei.de GmbH".
(1) These terms and conditions apply to contracts for the rental of flats for accommodation, as well as all other services and deliveries provided to the customer by the guesthouse.
2) Subletting or re-letting of the rented flat as well as its use for purposes other than accommodation require the prior written consent of the guesthouse operator, whereby § 540 para. 1 sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
3. the customer's terms and conditions shall not apply.
(1) The contract is concluded by the acceptance of the customer's application by the guesthouse. The guesthouse operator is free to confirm the flat booking in writing.
(2) The contracting parties are the Hostel and the customer. If a third party has placed an order on behalf of the customer, he/she shall be liable to the Hostel together with the customer as joint and several debtors for all obligations arising from the accommodation contract, provided that the Hostel has received a corresponding declaration from the third party.
3. all claims against the guesthouse are generally subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB (German Civil Code). Claims for damages shall become statute-barred after five years irrespective of knowledge. The shortening of the statute of limitations does not apply to claims based on an intentional or grossly negligent breach of duty by the Hostel.
The guest house is obliged to keep the flats booked by the customer ready and to provide the agreed services.
The customer is obliged to pay the prices of the guesthouse applicable or agreed for the letting of the flat and the other services used by the customer. This also applies to services and expenses of the guesthouse to third parties arranged by the customer. Invoice amounts are always payable in advance directly after the booking process via Paypal or credit card (Mastercard / Visa). Payment on site by EC or cash is not possible.
The agreed prices include the respective statutory value added tax unless otherwise stated.
The agreed prices are fixed prices. However, the prices may also be changed by the guest house if the customer subsequently requests changes to the number of flats booked, the services of the guest house or the length of stay of the guests and the guest house agrees to this.
The invoice will be sent to the guest online shortly after the booking process. The invoice amount is payable without deduction. The Guest House is entitled to call in accrued claims at any time and to demand immediate payment. In the event of late payment, the Hostel shall be entitled to charge the statutory interest on arrears currently applicable at a rate of 8% or, in the case of legal transactions involving a consumer, at a rate of 5% above the base interest rate. The guesthouse reserves the right to prove higher damages.
6. the customer may only offset or reduce a claim of the guesthouse with an undisputed or legally binding claim.
(1) Cancellation by the customer of the contract concluded with the guesthouse requires the written consent of the guesthouse. If this is not given, the agreed price from the contract shall also be payable if the customer does not make use of contractual services. This shall not apply in the event of a breach of the guesthouse's obligation to show consideration for the rights, legal assets and interests of the customer if the customer can no longer reasonably be expected to adhere to the contract as a result or is entitled to any other statutory or contractual right of withdrawal.
(2) If a date for withdrawal from the contract free of charge has been agreed in writing between the Hostel and the customer, the customer may withdraw from the contract up to that date without triggering payment or damage compensation claims on the part of the Hostel. The customer's right to withdraw from the contract expires if he/she does not exercise his/her right to withdraw from the contract in writing to the Hostel by the agreed date, unless a case of withdrawal by the customer according to number 1 sentence 3 exists.
3. in the case of flats not used by the customer, the guesthouse shall credit the income from renting the flat to other parties as well as the saved expenses.
The guesthouse is free to demand the contractually agreed remuneration and to make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 50% of the contractually agreed net overnight price in the event of cancellation from 7 days before the date of arrival or 80% from 3 days before the date of arrival.
(1) If the customer's right to withdraw from the contract free of charge within a certain period of time has been agreed in writing, the Hostel shall be entitled to withdraw from the contract within this period of time if there are requests from other customers for the contractually booked flats and the customer does not waive his/her right to withdraw from the contract upon inquiry by the Hostel. If the customer's right to withdraw from the contract free of charge within a certain period of time has been agreed in writing, the Hostel shall be entitled to withdraw from the contract within this period of time if other customers enquire about the contractually booked flats and the customer does not waive his/her right to withdraw from the contract upon enquiry by the Hostel.
2. missing advance payments entitle the guesthouse to withdraw from the contract after setting a reasonable grace period.
Furthermore, the guesthouse is entitled to withdraw from the contract extraordinarily for an objectively justified reason, for example
- if force majeure or other circumstances for which the guesthouse is not responsible make it impossible to fulfil the contract;
- flats are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose;
- the guesthouse has reasonable grounds to believe that the use of the guesthouse's services may jeopardise the smooth running of the business, the security or the public reputation of the guesthouse without this being attributable to the guesthouse's sphere of control or organisation; there is a breach of clause I no. 2 above.
4. in the event of a justified cancellation by the guesthouse, the customer shall not be entitled to compensation.
1. the client does not acquire any entitlement to the provision of specific flats.
2. booked flats are available to the customer from 3.00 p.m. on the agreed day of arrival. The customer has no right to earlier availability.
On the agreed day of departure, the flats must be vacated and made available to the guest house by 11.00 a.m. at the latest. Thereafter, the guesthouse may charge 50% of the full accommodation price (list price) due to the delayed vacating of the flat for its use in excess of the contract until 1 p.m., and 100% from 6 p.m. onwards. Contractual claims of the customer are not justified by this. The customer shall be at liberty to prove that the guesthouse has not incurred any or a significantly lower claim to a usage fee.
The flats are all non-smoking flats. If guests nevertheless smoke in the flats and the guest house is unable to rent out the flat the next day due to a strong smell of smoke, the person responsible will be charged a sum of €250.00.
1. the booking/reservation of a flat via the homepage www.12-Zimmerfrei.de is a concluded guest accommodation contract. If the flat is not used, cancellation costs will be incurred if the flat cannot be resold. In this case, the price paid for the flat will not be refunded.
2. the pictures exhibited are pictures of the corresponding numbered flat. The guest house will make every effort to provide the corresponding flat for the booked period. In individual cases, an alternative flat of equal / higher quality will be made available. The customer has no right to a specific flat.
Additional requests entered via the comment will be made possible by the guesthouse according to availability. However, the customer has no legal claim to these.
4. should the customer's flat category no longer be available due to a double booking via the homepage, the guesthouse will endeavour to provide the customer with an adequate flat.
The guesthouse is 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 arising from injury to life, body or health if the guesthouse is responsible for the breach of duty, other damages resulting from an intentional or grossly negligent breach of duty, or damages arising from an intentional or grossly negligent breach of duty.
The Guest House shall not be liable for any damage caused by a breach of duty on the part of the Guest House or for any damage caused by an intentional or negligent breach of typical contractual duties on the part of the Guest House. A breach of duty on the part of the Hostel shall be deemed equivalent to a breach of duty on the part of a legal representative or vicarious agent. In the event of disruptions or deficiencies in the services of the Hostel, the Hostel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to him/her in order to remedy the disruption and to minimise any possible damage.
(2) The Hostel shall be liable to the customer for items brought into the accommodation in accordance with the statutory provisions, i.e. up to one hundred times the price of the accommodation, up to a maximum of € 3,500, and for money, securities and valuables up to € 800. The liability claims shall lapse unless the customer notifies the Hostel immediately after becoming aware of the loss, destruction or damage (Section 703 of the German Civil Code). For further liability of the Hostel, the above number 1 sentences 2 to 4 shall apply accordingly.
Insofar as a parking space is made available to the customer in the guest house garage or in a guest house car park, this does not constitute a custody agreement. The Hostel shall not be liable for the loss of or damage to motor vehicles parked or manoeuvred on the premises of the Hostel or their contents, except in cases of intent or gross negligence. Number 1 sentences 2 to 4 above shall apply accordingly.
4. wake-up calls or similar are not accepted. The guest must organise the receipt of messages, mail and consignments on his or her own responsibility. A personal mailbox is available to the guest. The guesthouse will not accept forwarded items. Items left behind by the customer will only be forwarded at the customer's request, risk and expense.
(1) Amendments or supplements to the contract, the acceptance of the application or these terms and conditions for admission to the guesthouse shall be made in writing. Unilateral changes or additions by the customer are invalid.
The place of performance and payment is the registered office of the guesthouse (27404 Heeslingen).
The exclusive place of jurisdiction - also for disputes regarding cheques and bills of exchange - is the registered office of 12-Zimmerfrei.de GmbH. If a contractual partner fulfils the prerequisite of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of 12-Zimmerfrei.de GmbH.
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.
(5) Should individual provisions of these General Terms and Conditions for Accommodation in the Guest House 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.
