1. AREA OF APPLICATION
These General Business Terms and Conditions apply to contracts on the provision for rental use of apartments or hotel rooms for lodging (hereinafter: “Apartment” or “Apartments”) and conference, banquet and event rooms for the holding of events such as banquets, seminars, conferences, etc. (hereinafter: "Event Room" or “Event Rooms”) and to all other services and supplies provided to the customer (hereinafter: “Contract”) by hood house GmbH (hereinafter: “Apartment Provider”). They do not apply to package travel within the meaning of section 651a German Civil Code (BGB). The terms “Contract” encompasses and replaces the following terms: guest accommodation, hotel accommodation, hotel room, lodging and event contract.
The subletting or re-letting of the Apartments provided for use and the use thereof for any purposes other than those of lodging is subject to the prior consent of the Apartment Provider in text form, whereby the right to terminate pursuant to section 540 (1) sentence 2 of the German Civil Code (BGB) is excluded.
General business terms and conditions of the customer shall only be applicable if this has been explicitly agreed in text form.
2. CONCLUDING THE CONTRACT, CONTRACT PARTIES
Contractual parties to the contract are the Apartment Provider and the customer. The Contract is concluded by acceptance by the Apartment Provider of the application made by the customer. If the booking is made via the Apartment Provider’s own web page, the contract is concluded by clicking the button “Verbindlich buchen” confirming the reservation and the customer’s obligation to pay.
3. SERVICES, PRICES, PAYMENT, OFF-SET
The Apartment Provider is obliged to provide an Apartment of the apartment category or the Event Room reserved by the customer and to render the services agreed.
The customer is obliged to pay the Apartment Provider’s prices that are agreed for or applicable to the provision of the Apartment or Event Room for use and to other services used by the customer. This also applies to services ordered by the customer either directly or through the Apartment Provider which are performed by third parties and paid for in advance by the Apartment Provider.
The prices agreed are inclusive of the taxes and local taxes applicable at the time when the contract is concluded. They do not include local taxes such as local visitor’s tax [“Kurtaxe”] which the customer owes himself or herself under local community law. The prices shall be adjusted accordingly in the event of changes to the statutory value added tax or of the introduction, change or elimination of local taxes on the subject matter of the contract after the contract has been entered into. In the case of contracts with consumers, this only applies if the period of time elapsing between the date of conclusion of the contract and the date of performance of the contract is longer than four months.
If payment by invoice [“Zahlung auf Rechnung”] is agreed, payment shall be made within ten days of receipt of the invoice without any deductions being made, unless otherwise agreed.
When the contract is entered into, the Apartment Provider has the right to request a reasonable advance payment or security from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in the contract in text form. The provisions of statute shall apply in the event of late payment by the customer.
In justified cases, for example if the customer is in arrears in payment or if the scope of the contract is extended, the Apartment Provider has the right to demand, even after the contract has been concluded up until the time when the residence commences, advance payment or security as set out in subsection 3.5 above or an increase in the amount of the advance payment or security agreed in the contract up to the full amount of the remuneration agreed.
Further, the Apartment Provider has the right to request, at the beginning and during the course of the customer’s stay, a reasonable advance payment or security within the meaning of subsection 3.5 above for existing and future claims under the contract, insofar as no such payment or security has already been made or provided pursuant to subsection 3.5 and/or 3.6 above.
The customer may only offset or net out an undisputed claim or a claim established by final and absolute court decision against a claim of the Apartment Provider.
The customer is in agreement with the invoice being sent to the customer by electronic transmission.
4. REVOCATION/ TERMINATION (“CANCELLATION”) BY THE CUSTOMER/ NO USE OF THE APARTMENT PROVIDER´S SERVICES (“NO SHOW”)
It is only possible for the customer to unilaterally dissolve the contract concluded with the Apartment Provider if a revocation right has been explicitly agreed in the contract or if there is a statutory revocation right or termination right.
If the Apartment Provider and the customer have agreed upon a deadline for revocation of the contract free of charge, the customer may revoke the contract up until that date without triggering any claims for payment or damages by the Apartment Provider. The customer’s revocation right expires if the customer does not exercise this right vis-à-vis the Apartment Provider in text form by the agreed deadline.
If no revocation right has been agreed or if it has already expired, and if there is no statutory right of revocation or termination either, then the Apartment Provider retains its entitlement to the remuneration agreed although the service was not used. The Apartment Provider shall offset income from otherwise letting the Apartment or the Event Room and saved expenditures. If the Apartment or the Event Room is not otherwise let, the Apartment Provider can apply a flat rate for the saved expenditures. In this case the customer is obliged to pay 90% of the contractually-agreed price for overnight accommodation with or without breakfast and for package deals with third- party services. The customer is at liberty to demonstrate that the above claim did not arise or not in the amount claimed.
5. REVOCATION BY THE APARTMENT PROVIDER
If it has been agreed that the customer may revoke the contract free of charge within a certain period, then the Apartment Provider has, for its part, the right to revoke the contract within this period if inquiries are made by other customers relating to the contractually reserved Apartment or Event Room and if the customer does not waive its revocation right after a request is made by the Apartment Provider and a reasonable time period set. This shall apply accordingly if the customer has been granted an option and if other inquiries are made and the customer is not prepared to make a firm booking after a request is made by the Apartment Provider and a reasonable time period set.
The Apartment Provider also has the right to revoke the contract if an advance payment or security agreed or required in accordance with subsection 3.5 and/or
subsection 3.6 has not been paid after an appropriate period of grace set by the Apartment Provider has expired.
Further, the Apartment Provider has the right, for an objectively legitimate reason, to revoke the contract for extraordinary grounds, in particular in the event of
- force majeure or other circumstances for which the Apartment Provider is not responsible, which render performance of the contract impossible;
- Apartments/ the Event Room and spaces being reserved by culpably providing material facts that are wrong or misleading or by failing to provide material facts; in this context the term material can mean the identity of the customer, the customer’s ability to pay or the purpose of the residence;
- the Apartment Provider having reasonable grounds to assume that the use of the service can jeopardize the smooth running of the business, the safety or public reputation of the Apartment Provider without this being attributable to the area of responsibility or organization of the Apartment Provider;
- the purpose of or the reason for the stay being in violation of the law;
- a breach of subsection 1.2.
Revocation by the Apartment Provider that is justified does not give the customer the right to claim damages. If, in the event of revocation under subsection 5.2 or 5.3 above, the Apartment Provider has a claim for damages against the customer, the Apartment Provider can claim this as a flat rate. In this case, subsection 4.3 shall apply accordingly.
6. MAKING THE APARTMENT AVAILABLE, HANDOVER AND RETURN
The customer does not acquire a right to the provision of a specific Apartment unless this has been explicitly agreed in text form.
The reserved Apartment shall be available for use by the customer with effect from 03:00 PM (15:00) on the agreed date of arrival. The customer has no right to earlier availability.
The Apartments shall be vacated and available for use by the Apartment Provider by 11:00 AM (11:00) at the latest on the agreed departure date. After this time, as the Apartment was vacated late, the Apartment Provider has the right to charge for the Apartment use exceeding that which was contractually agreed in an amount of 50% of the full accommodation price up until 04:00 PM ( 1 6 : 0 0 ) and in an amount of 100% after 04:00 PM (16:00) (price as per price list). This does not give rise to contractual rights of the customer. The customer is at liberty to demonstrate that the Apartment Provider did not acquire a claim for compensation for use or acquired a significantly lower claim.
7. NO SMOKING, PETS
The apartment provider operates exclusively non-smoking Apartments and Event rooms. There are non-smoking signs located in all Apartments and areas of the Apartment or Event Rooms, also on every homepage of the Apartment Provider. A penalty of Euro 250 has to be paid directly. The guest has to leave the Apartment immediately. The guest has no right for getting back any paid money.
Pets may be brought only with the prior written consent of the Apartment Provider and against payment.
8. LIABILITY OF THE APARTMENT PROVIDER
The Apartment Provider is liable for damage which it is accountable for resulting from injury to life, body or health. It is further liable for other damage which is based on an intentional or grossly-negligent breach of duty of the Apartment Provider or on an intentional or negligent breach of duties of the Apartment Provider typical of the type of contract [“vertragstypischen Pflichten”]. Duties typical of the type of contract are those duties which enable the proper execution of the contract altogether and which the customer relies on being performed and is able to rely on being performed. A breach of duty of a statutory representative or person engaged in performance of an obligation of the Apartment Provider [“Erfüllungsgehilfe”] is equivalent to a breach of duty of the Apartment Provider. More far-reaching claims for damages are excluded unless otherwise provided for in this Section 8. If there should be any disruptions or deficiencies in the services of the Apartment Provider, the Apartment Provider shall endeavor to remedy this when it has knowledge thereof or upon a complaint being made without undue delay by the customer. The customer is obliged to contribute what it can be reasonably expected to contribute in order to remedy the disruption and minimize possible damage.
The Apartment Provider is liable to the customer in accordance with the provisions of statute for items brought with the customer. The Apartment Provider recommends the use of the Apartment safe. If the customer wishes to bring with him or her money, securities or valuables valued at over Euro 800 or other property items valued at over Euro 3.500 a separate safekeeping agreement must be entered into with the Apartment Provider.
If the customer is provided with a parking space in the Apartment Provider´s garage or in the Apartment Provider´s parking lot, even if this is for payment, a custody contract is not concluded as a result. If cars parked or driven on the Apartment Provider´s premises or the contents thereof are lost or damaged, the Apartment Provider is only liable in accordance with sentences 1 to 4 of subsection 8.1 above.
Wake-up calls are made with great care by the Apartment Provider. Messages for customers are treated with care. After prior agreement with the customer, the Apartment Provider can accept, store and – if desired – dispatch for a charge mail and consignments of goods. In this connection the Apartment Provider is only liable in accordance with sentences 1 to 4 of subsection 8.1 above.
9. OPTIONALE BOOKABLE SERVICES
As far as the apartment provider offers breakfast as an optionally bookable service, the customer is not authorized to eat or prepare his own food brought into the breakfast room or even offer it to other customers. Exceptions to this rule are foods or dietary supplements specially designed for the customer, which the customer must consume as part of a diet, food intolerance or allergy. Consumption of these foods and dietary supplements must be agreed in advance with the Apartment Provider. It is not allowed to take food and drinks from the breakfast restaurant.
10. FINAL PROVISIONS
Alterations and supplements to the contract, to acceptance of the application and to these General Business Terms and Conditions shall be made in text form.
Unilateral changes or supplements are ineffective.
If the customer is a merchant or public law legal entity, the courts of 22525 Hamburg have exclusive jurisdiction and venue. The Apartment Provider can, however,
at its election, also bring legal action against the customer at the place of the customer’s registered office. This also applies to customers not covered by sentence
1 above if they do not have their registered office or place of residence in an EU member state.
German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
In compliance with its statutory obligation the Apartment Provider points out that the European Union has set up an online platform for the extrajudicial resolution
of consumer disputes (“ODR platform”): http://ec.europa.eu/consumers/odr/. The Apartment Provider does not, however, participate in dispute resolution proceedings
held before consumer dispute resolution bodies.