AGB
I. Scope
1. These terms and conditions apply to contracts for the rental of the apartment Deli106 for accommodation, as well as all other services and deliveries of accommodation facilities provided to the customer by the landlord.
2. Subletting or further letting of the provided apartment or room, as well as its use for purposes other than accommodation, requires the prior written consent of the landlord.
3. The customer's terms and conditions only apply if this has been agreed upon beforehand.
II. Conclusion of contract, contracting parties; statute of limitations
1. The contract is concluded by the acceptance of the customer's application by the landlord and only becomes binding upon receipt of a booking confirmation from the landlord to the customer in text form (by simple email, by fax).
2. Upon receipt, the customer must check the goods within 24 hours; later complaints cannot be accepted.
3. The contracting parties are the landlord and the customer (guest) and, if applicable, a third party if the third party is booking on behalf of the customer. The third party is jointly and severally liable to the landlord, together with the customer, for all obligations arising from the accommodation contract.
4. All claims against the landlord – with the exception of claims arising from tort – shall become time-barred six months after termination of the contractual relationship.
III. Services, Prices, Payment, Offsetting
1. The landlord is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obligated to pay the landlord the applicable or agreed-upon prices for the room rental and any additional services used. This also applies to services and expenses incurred by the landlord on behalf of the customer and paid to third parties.
3. If the period between the conclusion of the contract and its fulfillment exceeds 4 months and the price generally charged by the landlord for such services increases, the landlord may raise the contractually agreed price appropriately, but by no more than 10%.
4. The prices may also be changed by the landlord if the customer subsequently requests changes to the number of persons in the booked rooms, the landlord's services, or the length of stay of the guests, and the landlord agrees to this.
5. The customer pays a deposit of 25% upon booking confirmation and the full invoice amount (in cash or by bank transfer) no later than upon arrival. The landlord is entitled to demand immediate payment of any outstanding amounts at any time. In case of late payment, the landlord is entitled to charge interest at a rate of 5% above the respective base interest rate according to Section 1 of the Discount Rate Transition Act or the corresponding successor interest rate of the European Central Bank. The customer reserves the right to prove a lower loss, and the landlord reserves the right to prove a higher loss. For necessary reminders, the landlord charges a reminder fee of €2.50 to cover additional expenses and postage.
6. The landlord is entitled, upon conclusion of the contract or thereafter, to demand a reasonable advance payment or security deposit, taking into account the legal provisions, particularly in the case of payments via invoices and bookings from abroad. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract.
7. The customer may only offset or reduce a claim against the landlord with an undisputed or legally enforceable claim.
IV. Customer's withdrawal (cancellation, cancellation)
1. Cancellation of the contract concluded with the landlord by the customer requires written form and the landlord's consent. If such consent is not given, the agreed price under the contract is payable even if the customer does not make use of the contractual services. This does not apply in cases of default by the landlord or if performance becomes impossible due to circumstances for which the landlord is responsible.
2. If a deadline for cancellation of the contract has been agreed upon in writing between the landlord and the customer, the customer may cancel the contract up to that deadline without triggering any payment or damage claims from the landlord. The customer's right of cancellation expires if they do not exercise their right to cancel in writing to the landlord by the agreed deadline, unless the landlord is in default of performance or performance is impossible due to circumstances for which the landlord is responsible.
3. If the customer cancels a confirmed booking, they are obligated to pay 50% of the contractually agreed price for the booked accommodation as compensation if there are 14 days or more between the cancellation date and the arrival date, and 90% if there are fewer than 15 days. In the event of a no-show or cancellation on the arrival date or after the start of the rental period, 100% of the rental price is due. Cancellation fees are only charged for the room rate itself (not additional services) and only if the cancelled rooms cannot be resold. It is at the landlord's discretion to reduce or waive the claim for damages. The customer has the option to prove to the landlord that no damage was incurred or that the actual damage was significantly less than the agreed flat rate.
4. It is recommended to check whether you have travel cancellation insurance when booking rooms.
V. Withdrawal by the landlord
1. In the event of a justified cancellation by the landlord, the customer is not entitled to compensation.
2. If a right of withdrawal for the customer has been agreed in writing within a certain period, the landlord is entitled to withdraw from the contract within this period if inquiries from other customers for the contractually booked rooms are received and the customer does not waive his right of withdrawal upon inquiry from the landlord.
3. If an agreed advance payment is not made even after the expiry of a reasonable grace period set by the landlord with a threat of rejection, the landlord is also entitled to withdraw from the contract.
4. Furthermore, the landlord is entitled to terminate the contract without notice for objectively justified reasons, for example, if: - (force majeure or other circumstances beyond the landlord's control make performance of the contract impossible;) - (rooms are booked under misleading or false pretenses regarding essential facts, e.g., concerning the identity of the customer or the purpose of the stay;) - (the landlord has reasonable grounds to believe that the use of the accommodation may jeopardize the smooth operation of the business, the safety of the landlord, or the landlord's public image, without this being attributable to the landlord's sphere of control or organization;) - (there is a breach of the scope of application, paragraph 2 above.)
VI. Room preparation, handover and return
1. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier access. Arrivals are generally possible between 3:00 p.m. and 8:00 p.m. Earlier arrivals are possible by prior arrangement, provided the room has already been vacated by the previous guest. Should the customer arrive before 3:00 p.m., it is possible, upon request, to store their luggage until the room is ready. In this case, the liability provisions in section VII, paragraph 2 apply accordingly. The landlord reserves the right to refuse to store luggage until the room is ready. Arrivals after 8:00 p.m. are possible but must be reported to the landlord in advance and may require prepayment. If the customer is unable to access the room due to late arrival, they are still obligated to pay the costs; see customer cancellation, section 3.3.
2. On the agreed departure day, the rooms and room keys must be made available to the landlord no later than 11:00 a.m. After this time, the landlord may charge 50% of the full room rate (list price) for the additional use of the room until 6:00 p.m., and 100% thereafter, in addition to any other damages incurred. The customer is free to prove to the landlord that no damage or significantly less damage was incurred.
VII. Liability of the landlord/the customer
1. The landlord is liable for his obligations under the contract with the due diligence of a prudent businessperson. Liability in pre-contractual or ancillary matters (i.e., not typical of the services provided) is limited to intent and gross negligence on the part of the landlord. Should disruptions or defects occur in the landlord's services, the landlord will endeavor to remedy the situation upon becoming aware of it or upon receiving immediate notification from the customer. The customer is obligated to contribute what is reasonable to remedy the disruption and minimize any potential damage.
2. The landlord is liable to the customer for items brought onto the premises in accordance with statutory provisions, up to one hundred times the room rate, but not exceeding €3,500, and for money and valuables up to €800. Liability claims expire if the customer does not notify the landlord immediately upon becoming aware of any loss, destruction, or damage (§ 703 BGB). The landlord's unlimited liability is governed by statutory provisions.
3. The provision of a parking space to the customer does not constitute a safekeeping agreement. The lessor is not liable for loss of or damage to motor vehicles parked or moved in the parking space, or to their contents. This also applies to the lessor's agents.
4. Messages, mail, and packages for guests will be handled with care. The landlord will deliver, store, and—upon request and for a fee—forward them. Claims for damages are excluded, except in cases of gross negligence or intent.
5. The landlord is not liable for items left behind or lost; found items will be kept safe and sent on for a fee; the landlord assumes no liability.
6. If the customer or any of their companions damage the apartment's property, they are liable unless the landlord is also at fault or can be proven to be at fault. The customer is also liable for the loss of the keys. Smoking is prohibited in the rooms; violations may result in claims for damages due to odor pollution up to three times the room rate.
7. We would like to point out that when using our Wi-Fi access, we comply with legal data retention requirements.
VIII. Final Provisions
1. Customer personal data is collected only within the framework of legal regulations. It will only be made accessible to third parties to the extent necessary for the execution of the contract.
2. Amendments or additions to the contract, the acceptance of the application, or these terms and conditions for accommodation must be made in writing. Unilateral amendments or additions by the customer are invalid.
3. The place of performance and payment is the landlord's registered office.
4. The exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – is, in commercial transactions, the landlord's place of business. If a contracting party meets the requirements of Section 38 Paragraph 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction within Germany, the landlord's place of business shall be deemed the place of jurisdiction.
5. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws rules is excluded.
6. Should individual provisions of these General Terms and Conditions for Accommodation be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. Otherwise, the statutory provisions shall apply.
Leipzig, 4.8.2024