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Terms and conditions

General Terms and Conditions hood house GmbH

GENERAL TERMS AND CONDITIONS OF BUSINESS FOR THE ACCOMMODATION AGREEMENT (as of Feb 2021)

1. SCOPE OF APPLICATION

1.1

The terms and conditions ("T&Cs") apply to agreements for the rented provision of apartments for accommodation ("accommodation agreement") and to all further services and supplies rendered for the guest by the hood house ("accommodation company").

1.2

The present T&Cs shall apply exclusively. Deviating regulations shall require written form and shall be agreed in writing on the part of the accommodation company, even if contained in the guest's or the orderer's T&Cs (which are expressly contradicted at this point).

2. CONCLUSION OF AGREEMENT, CONTRACTING PARTIES, ORDERER'S LIABILITY, SUB- AND FURTHER RENTAL

2.1

The term "accommodation agreement" entails and replaces the following terms: hotel accommodation, guest accommodation, hotel and hotel room agreement. In this context, the way in which the agreement has come about is inconsiderable (making use of means of remote communication such as letters, faxes, telephone calls, e-mails, messages transmitted via mobile telephone services (SMS text messages), telemedia (contract in electronic business dealings) or in simultaneous physical presence of the guest or the orderer and a representative or vicarious agent of the accommodation company).

2.2

Offers by the accommodation company shall be subject to change without notice and non-binding until the agreement has been concluded. The accommodation agreement shall come about by acceptance of the guest's application by the accommodation company. The accommodation company shall be free to confirm the booking of the apartment in a textual form. If a booking confirmation is no longer possible for reasons of time, the accommodation agreement shall come about by provision of the apartment.

2.3

The contracting parties are the accommodation company and the guest. If a third party has ordered for the guest ("orderer"), the latter shall be responsible towards the accommodation company for all the obligations from the accommodation agreement as a joint and several debtor together with the guest to the extent that a matching declaration by the orderer is available to the accommodation company.

2.4

The conclusion of the accommodation agreement obligates the contracting parties to performance of the agreement, regardless of the term for which the agreement has been concluded.

2.5

Sub- and further rental of the apartment provided and its use for purposes other than accommodation shall require prior written consent from the accommodation company. § 540, subsection 1, sentence 2, German Civil Code, does not apply to the extent that the guest is not a consumer. The same shall apply to occupancy of the apartment with more than the booked number of persons. In such a case, the accommodation company shall be entitled to demand a matching adaptation of the price.

3. SERVICES, PRICES, PAYMENT, DEPOSIT, OFFSET, REDUCTION OF PRICE, RIGHT OF RETENTION

3.1

The accommodation company is obliged to provide the apartments booked by the guest or an equivalent replacement and to render the agreed services.

3.2

The guest is obliged to pay the accommodation company's prices valid or agreed for the provision of the apartment and the further services used by him. This shall also apply to the services arranged for by the guest and the accommodation company's expenditure to third parties.

3.3

The agreed prices shall include the statutory value added tax valid at the time in question and the cultural and tourism charges. If the statutory value added tax is changed or if local charges on the subject matter of the services are introduced, changed or done away with following the conclusion of the agreement, the prices shall be adapted accordingly. If the period between the conclusion and the performance of the agreement exceeds four months and if the price calculated for such services in general by the accommodation company increases, the latter can raise the contractually agreed price suitably, albeit by no more than 5%.

3.4

The prices can further be changed by the accommodation company if the guest subsequently requests changes to the number of apartments booked, the service by the accommodation company or the guests' term of accommodation and the accommodation company agrees to this.

3.5

The accommodation company's invoices without a maturity date shall be due for payment without deduction immediately after receipt of the invoice. In the event of an agreement that the payment is owed by a third party, the invoice shall be settled without delay following receipt, although the guest in question shall be personally liable for the payment. The accommodation company shall be entitled to make receivables due for payment at any time and to demand payment without delay. In arrears in payment, the accommodation company shall be entitled to demand the statutory default interest valid at the time in question (currently 9 percentage points above the base rate of interest at the time or for legal transactions in which a consumer is involved 5 percentage points above the base rate of interest at the time).The right to claim damages exceeding this shall remain expressly reserved.

3.6

The accommodation company shall be entitled to demand a suitable advance payment or deposit, for example in the form of a credit card guarantee, at conclusion of the agreement or thereafter. The amount of the advance payment or deposit and the payment dates can be agreed in a textual form in the agreement. The accommodation company shall be entitled to partial or total reservation of the claims to payment resulting from the agreement on the credit card stated by the guest or the orderer before the guest's arrival; this shall not result in a booking of the amount.

3.7

The guest can only offset or exercise a right of reduction of price or retention against a claim by the accommodation company with an undisputed or legally effective claim. The guest's right to sue for repayment of excess payments shall remain unaffected.

3.8

In the event of the transfer of an amount of money to the accommodation company being done by the guest from a foreign country, the guest shall bear the costs caused by the foreign transfer.

4. WITHDRAWAL BY THE GUEST (WITHDRAWAL OF ORDER, CANCELLATION) / NON-USE OF THE ACCOMMODATION COMPANY'S SERVICES (NO-SHOW)

4.1

A withdrawal of the guest from the contract concluded with the accommodation establishment is only possible if a right of withdrawal has been expressly agreed in the contract, if there is a legal right of withdrawal or if the accommodation establishment expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to the cancellation of the contract must be made in text form.

4.2

If a right of withdrawal has not been agreed or has already expired, there is no legal right of withdrawal or termination and the accommodation establishment does not agree to a cancellation of the contract, the accommodation company retains the right to the agreed remuneration despite not using the service. The accommodation company must offset the income from other rentals of the rooms/apartments as well as the saved expenses. If the apartments are not rented out elsewhere, the

accommodation company is free to demand the contractually agreed remuneration and to flat-rate the deduction for saved expenses. However, the guest or customer is allowed to prove that no or lesser damage has been caused to the accommodation establishment.

4.3

For reservations of up to 9 nights per room/apartment, a free cancellation is possible until 3 p.m. of the presentation of the agreed use of the booked rooms/apartments and/or services ("Arrival"). In the case of short-term cancellations or if the booked apartments and/or services are not used without prior cancellation ("Non-arrival") the payment obligation of the guest or customer is reduced to 90% of the first night.

For reservations of 10-30 nights per room/apartment, a free cancellation is possible up to 6 days before the agreed use of the booked rooms/apartments and/or services. In case of short-term cancellations or no-show, the payment obligation of the guest or customer is reduced to the first 8 nights.

For reservations of 31 nights per room/apartment, a free cancellation is possible up to 10 days before arrival of the agreed use of the booked rooms/apartments and/or services. In case of short-term cancellations or no-show, the payment obligation of the guest or customer is reduced to the first 14 nights.

Length of stay | Notification period no later than 3 p.m. | in the event of non-compliance with the notification period, these cancellation fees shall apply

Up to 9 nights | Up to 1 day before arrival | 90% of the booked price of the 1st night

10-30 nights | Up to 6 day before arrival | 100% of the booked price of the 8th night

From 31 nights | Up to 10 day before arrival | 100% of the booked price of the first 14 nights

For reservations of up to 9 nights per room/apartment, a shortening of the contractually agreed length of stay up to 1 day before departure is possible free of charge. In the case of short-term reductions in the contractually agreed length of stay, the payment obligation of the guest or customer is reduced to 90% of the last night. For reservations of 10-30 nights per room/apartment, a shortening of the contractually agreed length of stay up to 8 days before departure is possible free of charge. In the case of short-term reductions in the contractually agreed length of stay, the payment obligation of the guest or customer is reduced to the last 8 nights. For reservations of 31 nights per room/apartment, a shortening of the contractually agreed length of stay up to 14 days before departure is possible free of charge. In the case of short-term reductions in the contractually agreed length of stay, the payment obligation of the guest or customer is reduced to the last 14 nights.

Length of stay | Notification period no later than 11 a.m. | in the event of non-compliance with the notification period, these cancellation fees shall apply

Up to 9 nights | Up to 1 day before arrival | 90% of the booked price of the 1st night

10-30 nights | Up to 6 day before arrival | 100% of the booked price of the 8th night

From 31 nights | Up to 10 day before arrival | 100% of the booked price of the first 14 nights

5. WITHDRAWAL/EXTRAORDINARY TERMINATION WITHOUT NOTICE BY THE ACCOMMODATION COMPANY

5.1

To the extent that a free-of-charge right of withdrawal by the guest within a certain period has been agreed in textual form, the accommodation company for its part shall be entitled to withdraw from the contract in this period if inquiries from other guests for the apartments booked contractually exist and the guest does not waive his right to withdrawal following an inquiry by the accommodation company.

5.2

If an advance payment or security deposit agreed in accordance with clause 3.6 is also If a reasonable grace period set by the accommodation establishment does not pass, the accommodation establishment is also entitled to withdraw from the contract.

5.3

Further, the accommodation company shall be entitled to withdraw from the contract for an objectively justified reason, for example if

  • force majeure or other circumstances for which the accommodation company is not answerable make performance of the agreement impossible.

The accommodation company shall be entitled to extraordinary termination for good and sufficient reason, in particular if

  • apartments are booked with misleading or false essential facts, e.g. concerning the guest's identity or the purpose.
  • the accommodation company has justified cause to assume that the use of the accommodation service can jeopardise the smooth business operation, the accommodation company's safety or reputation in the public without this being ascribed to the accommodation company's sphere of sovereignty and organisation,
  • a breach of Section 2.5 above exists.

5.4

The accommodation company shall inform the guest of the exercising of the right of withdrawal/termination without delay.

5.5

Withdrawal and termination shall require written form. In the event of justified withdrawal by the accommodation company, no claim to damages shall originate for the guest.

6. ROOM/APARTMENT DEPLOYMENT, -PRESENTATION AND BACKGROUND, LOSS KEY CARD, SUMMARY, DAMAGE, PETS, SMOKING BAN

6.1

The guest does not acquire any right to the provision of certain rooms/apartments or general features of the rooms/apartments, unless expressly agreed.

6.2

Booked rooms/apartments are available to guests from 3 p.m. on the agreed day of arrival. The guest is not entitled to previous deployment. Upon arrival, the guest is obliged to complete and sign the police registration certificate in full with his personal details.

6.3

On the agreed day of departure, the rooms/apartments must be made available to the accommodation establishment vacated by 12:00 at the latest. Thereafter, the accommodation company may charge 50% of the accommodation price (list price) for the additional use of the apartment until 16:00, in addition to the damage caused to it, and 100% from 16:00. The guest or purchaser is free to prove that no or lesser damage has been caused to the accommodation establishment.

6.4

If a key card is lost or not handed in on departure, this will be charged at a fee of 40.00 euros.

6.5

If the degree of contamination of a vacated room/apartment is above the generally to be described as normal, the accommodation company is entitled to charge a corresponding cleaning fee as an extra cost.

The guest is liable for the damage caused to the accommodation facilities by him, his companions, his visit or vicarious agents in accordance with Section 278 of the German Civil Code (BGB) and for additional cleaning costs incurred as a result of non-compliance with the non-smoking regulations.

6.6

An extension of the stay beyond the period agreed in the accommodation contract is only possible after timely prior agreement with the accommodation establishment. In principle, there is no entitlement to a contract extension.

6.7

Damages incurred during the stay in the accommodation establishment must be notified by the guest immediately. A damage report is prepared on the part of the accommodation establishment. If damage is found in the room/apartment after the guest's departure that the guest has failed to report, the accommodation company reserves the right to charge the credit card provided with a reasonable amount of security.

6.8

Pets can only be brought with you with prior written consent from the accommodation establishment and against calculation.

6.9

Smoking is not permitted in the booked apartments and on the accommodation company's premises as a matter of principle. If the guest breaches the ban on smoking, he shall be obliged to indemnify the damage incurred by this to the accommodation company. In each case of a breach, a contract penalty to the amount of 150.00 Euros shall be due for payment.

7. LIABILITY OF THE ACCOMMODATION COMPANY, PRECLUSIVE PERIOD, BARRING

7.1

The guest's claims to damages, regardless of the nature (contractual or statutory) have been ruled out subject to the following regulations:

The accommodation company shall be liable according to the statutory provisions for all damage from an injury to life, limb or health and in the event of assumption of a guarantee and for defects which have been withheld maliciously. The accommodation company shall only be liable for all other damage not covered by the above regulation and caused by slightly negligent conduct by the accommodation company, its statutory representatives or vicarious agents if this damage is to be ascribed to a breach of an essential contractual duty, fulfilment of which only makes proper performance of the contract possible and in compliance with which the guest may regularly trust (cardinal or core duties). In such cases, the liability has been limited to the foreseeable damage typical for the contract. A breach of a duty by the accommodation company shall be equated to a breach of duty by its statutory representatives or vicarious agents. The exclusions and limitations of liability under this Section 7 shall however also apply to the accommodation company's liability for its executive organs, employees and vicarious agents and also to the personal liability of the accommodation company's executive organs, employees and vicarious agents.

7.2

If disturbances or defects occur in the accommodation company's services, the company shall endeavour to ensure rectification upon obtaining knowledge or in the event of a complaint by the guest without undue delay. The guest undertakes to contribute what can reasonably be expected of him in order to remedy disturbances and to keep possible damage slight.

7.3

The guest is obliged to notify all and any defects to the accommodation company without delay, albeit no later than departure. The guest's claims are to be made against the accommodation company in a textual form within one month of the end of the rendering of the services provided for in the agreement. After the expiry of this period, the guest can only make claims if he can prove that he has been prevented from complying with the period through no fault of his own. The guest's claims to damages on account of slightly negligent breaches of duties on the part of the accommodation company according to Section 7.1 have been ruled out if they are not made judicially by the accommodation company or its insurance company within 3 months of rejection of the claims.

7.4

Insofar as the guest wishes to take in cash, securities and valuables with a value of more than 800.00 Euros or other objects with a value of more than 3,500.00 Euros, this shall require a separate storage agreement with the accommodation company. If the guest and all and any accompaniers wish to leave the apartment, the guest shall be obliged to lock cash, securities and other valuables as well as laptops, tablets, Smartphones and other valuables with a value of up to 600.00 Euros, which he does not intend to take with him when leaving the apartment, in the apartment safe or not to leave the aforementioned objects in the apartment when he leaves it, if they have a value of more than 600.00 Euros or are not suited for placing in the apartment safe, but to take them with him and to deposit them at the accommodation company's reception for the duration of his absence. If the guest does not fulfil this obligation, he cannot object that the loss has not been caused by him alone in the event of a loss of the aforementioned objects.

7.5

The accommodation company shall be liable towards the guest for objects brought in according to the statutory provisions. In the event of damage or loss, the liability has been limited up to one hundred times the price of the apartment per day, albeit no more than 3,500.00 Euros. The amount of 800.00 Euros shall replace that of 3,500.00 Euros in the event of cash, precious objects and valuables. Objects or materials which the guest leaves in generally accessible rooms of the accommodation company, also in technical amenities and event rooms, shall only be deemed brought in if they are expressly taken into custody by an employee of the accommodation company. What the guest entitled from the agreement has brought in shall be deemed brought into the apartments. A liability of the accommodation company for objects which have not been brought in has been ruled out.

7.6

The claims from liability shall expire if the guest does not notify the accommodation company of loss, destruction or damage without delay after obtaining knowledge (§ 703, sentence 1, German Civil Code). This shall not apply of the objects have been taken into custody by the accommodation company or if the loss, destruction or damage has been caused by the accommodation company or its employees or vicarious agents.

7.7

To the extent that a parking space in the accommodation garage or on the accommodation parking space is provided to the guest, no custody agreement shall originate as a result. If vehicles parked or moved on the accommodation property and their contents are lost or damaged, the accommodation company shall only be liable according to the provisions of Section 7.1 above. The accommodation company shall have no monitoring obligation.

7.8

Messages, post and deliveries for the guests shall be treated with care. The accommodation company assumes service, custody and - if required - forwarding of the same at a charge, the aforementioned regulations shall apply accordingly. No custody agreement shall originate as a result.

7.9

The guest shall be liable for all damage which he himself, his employees or his visitors have culpably caused in the accommodation company or to the inventory.

7.10

No liability is assumed for lost property. It shall be forwarded at a charge following an inquiry by the guest and at the latter's risk and expense. The accommodation company engages to archiving for 6 months. After this period, the objects shall be passed on to the local lost property office to the extent that a recognisable value exists.

7.11

To the extent that the accommodation company procures outside services, technical or other amenities from third parties for the guest, it shall act on the guest's behalf and for his account. The guest shall be liable for gentle treatment and proper return of the objects and shall indemnify the accommodation company against all third parties' claims from the provision of the objects.

7.12

All claims against the accommodation company shall be barred by limitation within one year from the statutory start of barring as a matter of principle. This shall not apply to claims to damages and other claims to the extent that the latter are based on a deliberate or grossly negligent breach of duties by the accommodation company.

8. GUEST'S LIABILITY

The guest is obliged to treat the premises and furnishings gently. Notwithstanding further claims, the guest shall be liable for

  • malicious damage to or destruction of furnishings;
  • damage caused by overflowing baths or sinks;
  • damage caused by triggering the fire alarm, in particular by stoves, toasters, microwaves etc. left unattended, by leaving pots, pans, water boilers etc. on hotplates which have been left on, by unpermitted smoking, open fire, joss sticks, candles, smoke rituals etc., by ironing on the carpet or unsupervised children.

The aforementioned list serves clarification and is not final and absolute. Claims by the accommodation company exceeding this may exist.

9. VIDEO MONITORING

Individual areas of our house are video monitored and marked accordingly. The guest always has the possibility of obtaining information about the nature and the scope and duration of the storage of the video recordings and the purposes for which they have been produced upon inquiry at the reception or the hotel management.

10. EU-ARBITRATION-BOARD

In accordance with the legal obligation, the accommodation company points out that the European Commission has set up an online dispute resolution platform ("OS platform"): https://www.ec.europa.eu/consumers/odr. However, the accommodation establishment does not participate in dispute resolution proceedings before consumer arbitration bodies.

10. FINAL PROVISIONS

10.1

Amendments and addenda to the accommodation agreement, the application acceptance or the general T&Cs shall require textual form. This shall also apply to a cancellation of this requirement of textual form. Unilateral amendments or addenda by the guest or orderer shall be ineffective.

10.2

Place of performance and payment is the accommodating company's registered office.

10.3

German law shall prevail. Application of UN purchase law and the law of collisions has been ruled out.

10.4

The exclusive place of jurisdiction - also for disputes concerned with cheques and bills - shall be the accommodating company's registered office in commercial dealings. To the extent that one contracting party does not have a general place of jurisdiction in Germany, the accommodating company's registered office shall be deemed the place of jurisdiction.

10.5

If individual provisions of these General Terms and Conditions or of the accommodation agreement are or become ineffective or null and void, the validity of the remaining provisions shall not be affected. In such a case, the contracting parties undertake to replace the ineffective or null and void provision by an effective provision matching the commercial purpose of the ineffective or null and void provision. The same shall apply accordingly in the event of a loophole in a regulation in these General Terms and Conditions or of the accommodation agreement. Apart from this, the statutory provisions shall apply.

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