1.1. The terms and conditions apply to contracts for the leasing of guest rooms for accommodation as well as all additional services and deliveries of the guesthouse (hotel accommodation contract) provided to the customer in this context. The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, pension, hotel room contract.
1.2 The subletting or re-letting of the provided rooms as well as their use for purposes other than accommodation require the prior written consent of the Pension in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived.
1.3 General terms and conditions of the customer only apply if this has been expressly confirmed in writing to Pension Karina.
1.4 Pension Karina expressly points out that for the purpose of security, video surveillance of the entire guesthouse and grounds can be carried out.
2 CONTRACTUAL, PARTNER, PERIOD
2.1 Contracting parties are the pension and the customer. The contract is concluded by the acceptance of the customer’s application by the pension, also verbally. The guesthouse is free to confirm the room reservation in text form. If a third party has ordered for the customer, he is jointly liable to the guesthouse together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided the pension has received a corresponding declaration from the third party.
2.2 All claims under the contract, including claims for damages against the pension, shall expire in principle one year from the date of departure, as far as they are not based on an injury to life, body, health or liberty, unless they are intentional or gross negligent breach of duty of the pension.
3 SERVICES, PRICES, PAYMENT, SET-UP
3.1 The pension is obliged to keep the rooms reserved by the customer available and to provide the agreed services.
3.1.1 All arrangement tenders subject to possibly current partial changes or adjustments.
3.2 The customer is obliged to accept and pay the agreed or valid prices of the guesthouse for the room transfer and the other services used. This also applies to services commissioned by the customer directly or via the Pension, which are provided by third parties and are provided by the Pension.
3.3 The agreed prices include the taxes and local charges applicable at the time the contract was concluded. Not included are local taxes, which are owed by the guest according to the local law, such as visitor’s tax or tourism tax. In the event of a change in the statutory sales tax or the new introduction, modification or abolishment of local taxes on the subject matter after 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 Pension may make its consent to a subsequent reduction of the number of booked rooms, the pension or the length of stay of the client requested by the customer depending on the price of the room and / or the other services of the Pension increased. If the pension can not otherwise sell the released rooms, then compensation for damages minus savings is payable.
3.5 Invoices of the Pension without a due date are payable within 10 days of receipt of the invoice without deduction. The pension can demand the immediate payment of due claims from the customer at any time. In the event of late payment, the Pension shall be entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, in the amount of 5% above the base interest rate. The pension reserves the proof of a higher damage.
3.6 The Pension is entitled to demand a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, from the Customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract. For prepayments or security for package tours, the statutory provisions remain unaffected.
3.7 In justified cases, for example, customer’s arrears or extension of the scope of the contract, the pension is entitled, even after conclusion of the contract and before the start of the stay, an advance payment or security deposit in accordance with section 3.6 above or an increase in the advance payment or security deposit agreed in the contract to claim the full agreed remuneration.
3.8 The Pension is further entitled, at the beginning of the stay, to demand payment of the contract amount as security in the sense of Section 3.6 above for existing and future claims under the contract, as far as such is not already in accordance with Section 3.6 and / or Paragraph 3.7.
3.9 The customer can only set off or offset against a claim of the pension with an uncontested or legally enforceable claim.
4 CANCELLATION OF THE CUSTOMER (CANCELLATION, CANCELLATION) / NO CLAIM OF THE SERVICES OF THE PENSION (NO SHOW)
4.1 A resignation of the customer from the contract concluded with the guest house is only possible if a right of withdrawal in the contract was expressly agreed upon, another statutory right of withdrawal exists or if the pension expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the agreement to cancel the contract must be made in writing.
4.2 Insofar as an appointment for a free withdrawal from the contract has been agreed between the guesthouse and the customer, the customer may by then withdraw from the contract without triggering any payment or damage claims of the pension. The customer’s right of withdrawal expires if he does not exercise his right to withdraw from the pension by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if the Pension does not agree in writing to canceling the contract, the Pension retains the claim to the agreed remuneration despite non-utilization of the benefit. The pension has to count the saved expenses. The pension flat-rate the deduction for expenses saved. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim has not arisen or not in the required amount.
5 CANCELLATION OF THE PENSION
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the Pension is entitled to withdraw from the contract in this period if there are inquiries from other customers about the rooms booked in the contract and the customer, upon request of the Pension with reasonable deadline not waived its right to resign.
5.2 If an advance payment or security agreed or demanded in accordance with clause 3.6 and / or clause 3.7 is not made even after expiry of a reasonable period of grace set by the guesthouse, the guesthouse shall also be entitled to withdraw from the contract, but the customer remains liable for damages.
5.3 Furthermore, the pension is entitled to extraordinary rescission of the contract for a materially justified reason, in particular if force majeure or other circumstances for which the pension is not responsible render the fulfillment of the contract impossible; Rooms or rooms are culpably booked under misleading or false information or concealment of material facts (the identity of the customer, the solvency or the purpose of residence may be essential); the pension has reasonable cause to believe that the use of the service may jeopardize the smooth running of the business, the security or the reputation of the pension in public without this being attributable to the sphere of control or organization of the pension; the purpose or occasion of the stay is unlawful or there is a violation of 1.2 above.
5.4 The justified resignation of the pension does not constitute a claim of the customer for damages. The demands of the pension from the closed contract are due to culpable termination by the pension nevertheless by the customer.
5.5 The guesthouse can also have its services provided by third parties in expressly individual exceptional cases. It has to ensure that the offered replacement service is at least equivalent and has to keep the customer free of any additional costs.
6 ROOM PROVISION, DELIVERY AND RETURN
6.1 The customer acquires no claim to the provision of certain rooms, as far as this was not expressly confirmed in writing and by name.
6.2 Booked rooms are available to the customer from 18:00 on the agreed arrival day. The customer has no claim to earlier provision, unless another regulation is expressly agreed or an earlier date may be possible and is granted.
6.3 On the agreed departure day, the rooms of the guest house must be vacated by 10:00 at the latest. Thereafter, the pension may charge 50% of the full price of the lodging (list price) until 6:00 pm due to the delayed eviction of the room for its contractually agreed use, 90% from 18:00. Contractual claims of the customer are not justified by this. He is free to prove that the pension no user fee has arisen.
7 LIABILITY OF THE PENSION
7.1 The Pension is liable for any damages caused by injury to life, limb or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty of the Pension or on an intentional or negligent breach of contractual obligations of the Pension. A breach of duty of the pension is equal to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in this clause 7. Should faults or deficiencies occur in the services of the guesthouse, the guesthouse will make every effort to remedy the situation, if the customer knows or is promptly notified. The customer is obliged to contribute to what is reasonable to remedy the incident and to minimize any possible damage.
7.2 The Pension is liable to the customer in accordance with the statutory provisions for goods brought in. The pension recommends the use of the pension or room safe. If the guest wishes to contribute money, securities and valuables worth more than € 800, this requires a separate written retention agreement with the Pension.
7.3 Insofar as the customer is provided with a parking space on the pension parking lot, even for a fee, no custody agreement will be concluded. In the event of loss or damage to motor vehicles and their contents parked or parked on the property, the Pension is liable only in accordance with section 7.1, sentences 1 to 4 above.
7.4 Wake-up calls are executed by the guest house with the utmost care. Messages, mail and merchandise for guests are treated with care. The pension takes over the delivery, storage and – on request – against payment the forwarding of the same. The pension is liable only in accordance with the preceding section 7.1, sentences 1 to 4.
7.5 The Pension provides its energy and W-LAN infrastructure to the customer on a loan basis within the framework of the contract, eg: T. for an additional fee with extended services and order. It makes every effort to keep this ready for operation at a high technical level. A possibly temporarily technical problem is not a reduction reason.
8 FINAL PROVISIONS
8.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions must be made in text form. Unilateral changes or additions by the customer are ineffective.
8.2 Place of fulfillment and payment as well as exclusive place of jurisdiction – also for check and bill of exchange disputes – is the seat of Pension Karina, Schwerin.
If a contractual partner fulfills the requirements of § 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the pension.
8.3 German law applies. The application of the UN sales law 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. Incidentally, the statutory provisions apply.
Updated: January 1, 2012