GENERAL TERMS AND CONDITIONS
General Terms and Conditions for the Guest Accommodation Contract
Scope
1.1 These terms and conditions apply to contracts for the rental of guest rooms – hereinafter referred to only as “rooms” – for accommodation purposes as well as for all other services and deliveries provided by the guesthouse.
1.2 The subletting or re-letting of the rented rooms as well as their use for other than accommodation purposes requires the prior written consent of the guesthouse.
1.3 Terms and conditions of the customer shall only apply if this has been agreed upon in advance.
1.4 Non-smoking rooms
Our rooms in the pension “Alte Post” are strictly non-smoking rooms. Should guests nevertheless smoke in the room, we will charge the room guest 200,- Euro for cleaning costs (curtains, furniture, carpet etc.). If the room cannot be rented due to the strong smell of smoke despite cleaning afterwards, an additional night will be charged according to the hotel rate.
For smoking use the terrace on the front of the building.
Conclusion of contract, partners, liability; limitation period
2.1 The contract is concluded by the Pension accepting the Customer’s application. The Pension is free to confirm the room booking in writing.
2.2 The contractual partners are the guesthouse and the customer. If a third party has placed an order on behalf of the customer, he shall be liable to the guesthouse together with the customer as joint and several debtor for all obligations arising from the guest accommodation contract, provided that the guesthouse has a corresponding declaration from the third party.
2.3 The guesthouse is liable for its obligations from the contract. In the area not typical for the service, the liability is limited to intent and gross negligence of the guesthouse.
2.4 The limitation period for all claims of the customer is 6 months.
2.5 This limitation of liability and short period of limitation apply in favour of the Pension even in case of breach of obligations during the initiation of the contract and positive breach of contract.
Performance, prices, payments, offsetting
3.1 The guesthouse is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
3.2 The customer is obliged to pay the valid or agreed prices of the guesthouse for the room provision and the further services used by him. This also applies to services and expenses of the guesthouse to third parties arranged by the customer.
3.3 The agreed prices include the respective legal value added tax. If the period between the conclusion of the contract and the fulfilment of the contract exceeds 4 months and if the price generally charged by the Pension for such services increases, the Pension may raise the contractually agreed price appropriately, but not by more than 10%.
3.4 The prices can also be changed by the guesthouse, if the customer subsequently requests changes in the number of booked rooms, the guesthouse’s services or the length of stay of the guests and the guesthouse agrees to this.
3.5 Invoices of the guesthouse without due date are payable within 14 days from receipt of the invoice without deduction. The guesthouse has the right to make accrued claims due at any time and to demand immediate payment. In case of delay in payment, the Pension is entitled to charge interest at 4% above the respective discount rate of the Deutsche Bundesbank. The customer has the right to prove a lower damage, the guesthouse has the right to prove a higher damage.
3.6 The guesthouse is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or afterwards, taking into account the legal regulations for package tours. The amount of the advance payment and the dates of payment can be agreed in writing in the contract.
3.7 The customer can only offset or reduce a claim of the Pension with an undisputed or legally binding claim.
3.8. children up to 3 years of age stay free of charge when accompanied by an adult. This has to be stated with the reservation request.
Withdrawal of the customer (cancellation)
4.1 A withdrawal of the customer from the contract concluded with the pension requires the written consent of the pension. If this is not done, the agreed price from the contract is to be paid even if the customer does not make use of contractual services. This does not apply in cases of delay in performance by the guesthouse or an impossibility of performance for which the guesthouse is responsible.
4.2 In case of rooms not used by the customer, the guesthouse has to take into account the income from renting the rooms to another party as well as the saved expenses.
4.3 The guesthouse is free to charge a lump sum for the damages incurred and to be compensated by the customer. The customer is then obliged to pay the fixed cancellation fee.
The customer is at liberty to prove that no damage has been incurred or that the damage incurred by the guesthouse is less than the flat rate demanded.
Cancellation of the pension
5.1 If an agreed advance payment is not made even after a reasonable grace period set by the Pension with the threat of refusal has expired, the Pension is entitled to withdraw from the contract.
5.2 Furthermore, the guesthouse is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if force majeure or other circumstances beyond the guesthouse’s control make the fulfilment of the contract impossible; rooms under misleading or false statement of essential facts, e.g. in the person of the customer or the purpose; the guesthouse has justified reason to believe that the use of the guesthouse service can endanger the smooth business operations, the safety or the reputation of the guesthouse in the public, without this being attributable to the area of control or organization of the guesthouse; a violation of point 1 scope of application paragraph 2 exists.
5.3 The Pension must inform the customer immediately of the exercise of the right of withdrawal.
5.4 In the event of a justified withdrawal from the Pension, the customer shall not be entitled to compensation.
Provision, handover and return of rooms
6.1 The customer does not acquire any claim to the provision of specific rooms.
6.2 Booked rooms are available to the customer from 14.00 hours on the agreed day of arrival. The customer has no claim to earlier provision.
6.3 If the customer takes booked rooms only belatedly or gives up the use of the rooms before the end of the contract, he has to compensate the guesthouse for the damage as described under point 4 rescission of the customer.
6.4 On the agreed day of departure the rooms must be vacated and made available to the guesthouse by 10.00 a.m. at the latest. After this time, the guesthouse can charge 50% of the full accommodation price (list price) for the additional use of the room until 4 p.m., after 4 p.m. 100%. The customer is free to prove to the guesthouse that no damage or a considerably lower damage has been caused.
6.5 If the guesthouse does not make booked rooms available to the customer for reasons for which it is responsible, the guesthouse is entitled to assign the customer another, comparable accommodation in another house. In this case, the guesthouse shall only bear the possible additional costs between the agreed accommodation price and the actual room price of the alternative accommodation. If the customer refuses the accommodation in another house, his claims expire. Further claims of the customer are excluded.
7. further rooms in the building
7.1 Entering the breakfast room is only permitted for the purpose of taking breakfast and settling the bill or after prior consultation with the operator.
7.2 Entering the other rooms, especially the heating, office, kitchen and utility rooms is not permitted. In case of violation the operator of the Pension “Alte Post” reserves the right to expel the customer from the house.
Liability of the pension
8.1 The pension is liable for the diligence of a prudent businessman. This liability is, however, limited in the area not typical for the Pension to deficiencies in performance, damages, consequential damages or disturbances that are due to intent or gross negligence on the part of the Pension. Should disruptions or deficiencies in the services of the guesthouse occur, the guesthouse will endeavour to remedy the situation as soon as it becomes aware of this or upon immediate notification of the customer. The customer is obliged to make a reasonable contribution to remedy the disruption and to keep possible damage to a minimum.
8.2 The guesthouse is liable to the customer according to the legal regulations for things brought in, which is up to hundred times the room price, at the most € 1.000,-. The liability claims expire if the customer does not report the loss, destruction or damage to the guesthouse immediately after becoming aware of it (§703 BGB).
8.3 For the unlimited liability of the guesthouse the legal regulations apply.
8.4 If the customer is provided with a parking space on a parking lot, even against payment, this does not constitute a safekeeping contract. The guesthouse is not liable for loss of or damage to motor vehicles parked or manoeuvred on the guesthouse property and their contents, except in cases of intent or gross negligence. This also applies to vicarious agents of the guesthouse.
8.5 Wake-up orders are carried out by the Pension with the greatest care. Claims for damages, except for gross negligence or intent, are excluded.
Use of the internet access
9.1 The pension “Alte Post” has a legally secure internet access. It can be used by entering the network key (SSID) “Pension Alte Post”. The entry of a further code is required. Our staff will provide you with this code on request. The user agreement is automatically accepted with the login.
9.2 Use is limited to the duration of your presence at the “Alte Post” pension. The operator of the “Alte Post” guesthouse cannot guarantee the actual availability of Internet access. No specific transmission speed and/or complete transmission is guaranteed, these depend in particular on the network load of the Internet backbone, on the transmission speed of the selected Internet page and on the number of users at the respective hotspot.
9.3 The data traffic between the customer’s terminal device and the hotspot is transmitted in encrypted form; thus the data cannot be viewed by third parties. For security reasons, Internet access via hotspot will be automatically disconnected after 24 hours (Session Time Out). In the event of inactivity, disconnection may occur after only minutes for security reasons. Inactivity occurs when there is no communication between the end device and the hotspot. This means that the access release expires after a certain time. In this case, however, access can be reactivated via the initial page.
9.4 By providing the access, the “Alte Post” pension does not assume any obligations. It is used in accordance with the technical possibilities. In particular, the user has no right to use the Internet via the “Alte Post Pension” access in any particular way or for any particular period of time.
9.5 The use of the hotspot by the user takes place on his responsibility and at his risk. The user is responsible for checking the suitability of the terminal device used by the user for the WLAN connection. Liability for data loss is expressly excluded.
9.6 Herewith any liability, especially for warranty and compensation, is excluded. In particular, no liability is assumed for the contents of websites called up or downloaded files. Furthermore, no liability is assumed for any virus infection caused by using the access “Pension Alte Post”. The user expressly acknowledges that “Pension Alte Post” only provides access to the Internet, but does not include any virus protection or firewall.
9.7 The IP and MAC address of each terminal device will be stored for the duration of the guest’s stay in the “Alte Post” guesthouse. Afterwards it will be irrevocably deleted.
9.8. the call of sides with illegal contents and the spreading of illegal or legally protected contents are forbidden. It is expressly forbidden to the user in particular to use “Pension Alte Post” to download or otherwise distribute copyright-protected content.
9.9 The transfer of the Wlan code to third parties is prohibited. Any misuse of the access “Pension Alte Post”, in particular a use that is disadvantageous for third parties or the pension “Alte Post” right
9.10. In the event of a breach of the terms and conditions of use or if there is a suspicion of a breach, the use of the “Pension Alte Post” access can be blocked at any time without giving reasons.
Final votes
10.1 Amendments or supplements to the contract, the acceptance of the application or these Terms and Conditions for Guest Accommodation shall be made in writing. Unilateral changes or additions by the customer are invalid.
10.2 Place of performance and payment is the seat of the guesthouse.
10.3 Exclusive place of jurisdiction – also for cheque and bill of exchange disputes – is in commercial transactions the seat of the guesthouse. If a contractual partner fulfils the requirements of §38 paragraph 1 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the Pension’s registered office.
10.4 German law shall apply.
10.5 Should individual provisions of these General Terms and Conditions for Guest Accommodation be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects the statutory provisions shall apply.
Status 01.07.2019