I. Scope of application

1. These terms and conditions shall apply to contracts for the rental of flats for accommodation, as well as all other services and deliveries provided to the customer by Haus Burgenheimat.

2. The subletting or re-letting of the flats provided and their use for purposes other than accommodation require the prior written consent of the Boardinghouse, whereby
§ Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.

3. the customer's general terms and conditions shall only apply if this has been expressly agreed in writing in advance.

4. in addition, the additional conditions agreed upon conclusion of the contract shall apply in each case.

II. Conclusion of Contract, Contracting Parties; Statute of Limitations

1. The contract is concluded by Haus Burgenheimat's acceptance of the customer's application. Haus Burgenheimat is free to confirm the booking in writing.

The contracting parties are Haus Burgenheimat and the guest. If a third party has placed an order on behalf of the guest, he or she shall be liable to Haus Burgenheimat together with the guest as joint and several debtors for all obligations arising from the guest accommodation contract, provided Haus Burgenheimat has received a corresponding declaration from the third party.

3. All claims against Haus Burgenheimat shall become statute-barred after one year from the beginning of the statutory limitation period; claims for damages shall become statute-barred after five years, irrespective of knowledge, unless they are based on injury to life, limb, health or freedom. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by Haus Burgenheimat. 

III. Services, Prices, Payment, Offsetting

1. Haus Burgenheimat is obliged to keep the flats booked by the guest ready and to provide the agreed services.

The guest is obliged to pay the applicable or agreed prices of Haus Burgenheimat for the use of the flats and the other services used by the guest. This also applies to services and expenses of Haus Burgenheimat to third parties arranged by the guest. The agreed prices include the respective statutory value added tax.

3. Haus Burgenheimat may make its consent to a subsequent reduction requested by the guest in the number of flats booked, in the services provided by Haus Burgenheimat or in the length of the guest's stay conditional upon an increase in the price for the flats and/or for the other services provided by the hotel.

4. Invoices of Haus Burgenheimat without a due date are payable without deduction within 10 days of receipt of the invoice. Haus Burgenheimat may demand immediate payment of due receivables from the customer at any time. In the event of default in payment, Haus Burgenheimat shall be entitled to charge the statutory default interest currently applicable at 8% or, in the case of legal transactions involving a consumer, at 5% above the base interest rate. Haus Burgenheimat reserves the right to prove higher damages.

5. Haus Burgenheimat is entitled to demand a reasonable advance payment or security deposit in the form of a credit card guarantee, a down payment or similar upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract. The statutory provisions shall remain unaffected in the case of advance payments or security deposits for package tours.

6. in justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, Haus Burgenheimat shall be entitled, even after conclusion of the contract until the start of the stay, to demand a security deposit within the meaning of no. 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

7. Furthermore, Haus Burgenheimat is entitled to demand a reasonable advance payment or security deposit in the sense of No. 5 above from the guest at the beginning and during the stay for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with No. 5 and/or 6 above.

8. The guest may only offset or reduce a claim of Haus Burgenheimat with an undisputed or legally binding claim.

9. In the event of an official inflation rate of more than 3%, Haus Burgenheimat reserves the right to adjust the prices accordingly, provided that there are more than 6 months between the booking date and the arrival date. If the period from the booking date to the arrival date and the length of stay exceeds 6 months, Haus Burgenheimat may adjust the price per day for the current stay accordingly. 

IV. Turnover tax treatment / rental period

1. the contracting parties agree that the requirements pursuant to section 12 subsection 2 no. 11 as well as section 4 no. 12 sentence 2 of the Value Added Tax Act are met and that only accommodation contracts within the meaning of this Act are concluded.

2. the landlord points out that the rooms made available are in no case made available on a permanent basis and thus never for a habitual residence within the meaning of §§ 8 and 9 AO.

The guest acknowledges this and assures that he/she does not intend, request or carry out any such use. If the Guest enters into this Agreement for use by anyone other than themselves, the Guest/Contractual Partner shall ensure that the user(s) of the Apartment(s) are made aware of this requirement, respect it and take appropriate action.

4. the landlord has the right to request appropriate proof of the tenant's domicile and usual place of residence and to file it with the reservation documents.

5. The contracting parties agree to endeavour to take appropriate measures in accordance with the current legal situation and knowledge in order to ensure compliance with the above rental conditions.

6. In the event that the current or future legal situation gives rise to tax facts which deviate from the current facts, the contracting parties agree already now to cooperate and provide mutual support in order to clarify and possibly correct these facts.

7. damages and/or recourse arising from the correction of these facts are excluded. 

V. Rücktritt des Kunden (i. e. Abbestellung, Stornierung) /

Non-utilisation of the services of the Boardinghouse

1. Cancellation by the guest of the contract concluded with Haus Burgenheimat requires the consent of Haus Burgenheimat in text form. If this is not given, the agreed price from the contract is to be paid even if the customer does not make use of contractual services.

2. the following cancellation conditions apply:
a) Short-term stays (1 - 30 days):
- Cancellation up to 14 days before arrival: free of charge
- Cancellation 13 - 4 days before arrival: 80 % of the total accommodation price
- Cancellation from 3 days before arrival : 100 % of the total accommodation price

b) Long-term stays (30 days or more):
- Cancellation up to 30 days before arrival: free of charge
- Cancellation 29 to 10 days before arrival: 50 % of the total accommodation price
- Cancellation 9 - 5 days before arrival: 80 % of the total accommodation price
- Cancellation from 4 days before arrival : 100 % of the total accommodation price

c) Group bookings (from 4 flats):
- Cancellation up to 30 days before arrival: free of charge
- Cancellation 29 to 10 days before arrival: 50 % of the total accommodation price
- Cancellation 9 - 5 days before arrival: 80 % of the total accommodation price
- Cancellation from 4 days before arrival : 100 % of the total accommodation price 

3. In the case of rooms and flats not used by the customer, the boardinghouse shall offset the income from renting these rooms and flats to other parties as well as the saved expenses. If the rooms and flats are not let to other parties, the boardinghouse may demand the contractually agreed remuneration and make a flat-rate deduction for saved expenses of the boardinghouse. In this case the customer is obliged to pay at least

90% of the contractually agreed price for overnight stays with or without breakfast and

70% for half-board arrangements. The customer is at liberty to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.

4. separate cancellation conditions apply for single or group overnight stays during trade fairs & events. Cancellation free of charge is possible up to 12 weeks before arrival, after that 100% of the total amount will be charged. 

VI Withdrawal of the Boardinghouse

1. Insofar as the customer's right to withdraw free of charge within a certain period of time has been agreed in writing, the boardinghouse is entitled for its part to withdraw from the contract during this period if there are enquiries from other customers about the contractually booked rooms and the customer does not waive his right to withdraw upon enquiry by the boardinghouse.

2. If an agreed advance payment or security deposit or one demanded in accordance with Item III Clauses 5 and/or 6 is not made even after expiry of a reasonable grace period set by the Boardinghouse, the Boardinghouse is also entitled to withdraw from the contract.

3. If an agreed advance payment or an advance payment demanded above in accordance with clause III no. 6 is not made even after expiry of a reasonable period of grace set by the boardinghouse, the boardinghouse is also entitled to withdraw from the contract.

4. furthermore, the boardinghouse is entitled to withdraw from the contract extraordinarily for an objectively justified reason, for example if

- force majeure or other circumstances for which the Boardinghouse is not responsible make it impossible to fulfil the contract;

- Flats are booked under misleading or false statements of material facts, e.g. about the person of the customer or the purpose of his stay;

- the boardinghouse has reasonable cause to believe that the use of the boardinghouse service may jeopardise the smooth operation of the business, the safety or the reputation of the boardinghouse in public without this being attributable to the boardinghouse's sphere of control or organisation;

- the purpose or reason for the stay is unlawful;

- there is a breach of the above-mentioned clause I no. 2.

5. In the event of justified withdrawal by the Boardinghouse, the customer shall not be entitled to compensation.

VII.Provision, handover and return of the flats

1. The customer does not acquire a claim to the provision of specific flats, unless this has been expressly agreed in text form.

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, flats must be vacated and made available to the boarding house by 11.00 a.m. at the latest. Thereafter, the boarding house may charge 50% of the full accommodation price (list price) due to the late vacating of the room for its use in excess of the contract until 6.00 p.m., and 100% from 6.00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the Boardinghouse has not incurred any claim to a usage fee or that the claim is significantly lower.

4. The tenant is obliged to handle the rented property with care and consideration. The Boardinghouse reserves the right to claim damages for defects caused by the tenant. This generally concerns the condition of the furniture provided, water and fire damage caused in the rented flat and the effects thereof, damage caused by keeping animals as well as general damage caused negligently or intentionally.

have occurred and go beyond normal wear and tear. 

VIII. Liability of the Boardinghouse

The Boardinghouse is liable for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages from injury to life, body or health if the boardinghouse is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the boardinghouse and damages based on an intentional or negligent breach of duties typical for the contract by the boardinghouse. A breach of duty on the part of the Boardinghouse

is equal to that of a legal representative or vicarious agent. Should disruptions or deficiencies occur in the services of the Boardinghouse, the Boardinghouse will endeavour to remedy the situation if it becomes aware of them or if the customer complains about them without delay. The customer is obliged to contribute what is reasonable for him/her in order to remedy the disruption and to keep any possible damage to a minimum.

2. The Boardinghouse is liable to the customer for items brought in in accordance with the statutory provisions, i.e. up to one hundred times the room price, up to a maximum of € 3,500, and for money, securities and valuables up to € 800. Money, securities and valuables can be stored in the Boardinghouse or flat safe up to a maximum value of € 10,226. The Boardinghouse recommends making use of this possibility.

Insofar as a parking space is made available to the customer in the boardinghouse garage or in a boardinghouse car park, even for a fee, this does not constitute a safekeeping contract. In the event of loss of or damage to motor vehicles parked or manoeuvred on the boardinghouse property and their contents, the boardinghouse is not liable, except in the case of intent or gross negligence. Number 1, sentences 2 to 4 above apply accordingly.

4. messages, mail and consignments of goods for the guests are handled with care.

The boarding house shall undertake the delivery, safekeeping and - on request - forwarding of the same against payment. Number 1 sentences 2 to 4 above shall apply accordingly.

IX. Final provisions

1. Amendments or supplements to the contract, the acceptance of the application or these terms and conditions for boarding house accommodation shall be made in writing. Unilateral amendments or supplements by the customer are invalid.

2. The place of performance and payment is the registered office of the Boardinghouse.

3. The exclusive place of jurisdiction - also for cheque and bill of exchange disputes - in commercial transactions is the registered office of the boardinghouse. Insofar as 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 social seat of the boardinghouse.

4. 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 Boardinghouse Accommodation 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.