1.
Scope
1.1. These terms and conditions apply to contracts for the rent of guest rooms for accomodation, as well as all other services provided to the customer, Pension "ABC".
They can be replaced by conditions negotiated on a case-by-case basis.
These terms and conditions are available to every customer and guest in the guesthouse or on the website of the pension.
2.
Contract
2.1. The accommodation contract is concluded when the provision of a room by the guest has been reserved by phone, e-mail, Internet or fax and confirmed by us.
Confirmation by the Pension "ABC" can also be made by phone, e-mail, fax or on request also by letter.
An accommodation contract has also been concluded by conclusive behavior, especially if a room is ordered and provided and for reasons of time an explicit commitment is not possible.
2.2. Contractual partners are the boarding house "ABC" and the guest.
If an orderer acts on behalf of or for guests registered by him, he shall be liable for the liabilities thereby established and all obligations arising from the contract for the taking up of a contract.
3.
Services, prices, payment
3.1. The guesthouse "ABC" is obliged to keep the rooms booked by the guest or customer available and to provide the agreed services.
Reservations from the car park in the yard are only available to the customer in the case of prior approval by the guesthouse and only limitedly over the agreed time.
3.2. The total amount of the bill is always to be paid on the day of arrival (cash, credit or debit cards accepted).
3.3. If the guest defaults on his payment, Pension "ABC" can cancel the accommodation agreement with immediate effect. The assertion of further damages, in particular the failure of other rental, remains the pension reserved.
Pension "ABC" makes use of its landlord's lien for arrears and can temporarily prevent the removal of belongings and luggage by self-help until clarification is obtained
3.4. Only for permanent guests is billing possible.
Invoices of Pension "ABC" without a due date are payable without deduction within 10 days of the invoice date. In the event of late payment, the Pension is entitled to charge interest at the rate of 5% above the respective key interest rate (main refinancing rate) of the European Central Bank.
3.5. If the period between the conclusion of the contract and the performance of the contract exceeds four months and the price charged by ABC for such services generally increases, the latter may increase the contractually agreed price appropriately, but not by more than 10%.
The agreed prices include the respective statutory value added tax.
This is currently 7%. Changes in value added tax are at the guest's expense or expense.
3.6. Pension "ABC" is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates are agreed in writing.
4.
Cancellation and cancellation conditions
4.1. A cancellation must in principle be made in writing (by e-mail, letter, fax).
For cancellations made less than 7 days before the date of arrival, the pension reserves 100%
of the total invoice amount.
The customer is free to prove that no damage has occurred or that the damage incurred to the pension is lower than the required lump sum.
4.2. Insofar as an appointment to withdraw from the contract has been agreed in writing between the guesthouse "ABC" and the guest, the guest 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 contract in writing to the pension by the agreed date.
4.3. If a right of withdrawal of the customer within a certain period has been agreed in writing, the Pension "ABC" in this period for their part entitled to rescind the contract, even if the customer has not waived its right to withdraw.
If an agreed advance payment is not made on the agreed date, Pension "ABC" is also entitled to withdraw from the contract.
4.4 Pension "ABC" is also entitled to withdraw from the contract for a materially justified reason, for example if
- force majeure or other circumstances for which the Pension is not responsible make fulfillment of the contract impossible,
- rooms are booked under misleading or false statements of material facts, eg in the person of the customer or the purpose,
- the pension has justified cause to believe that the use of the accommodation service may jeopardize the smooth running of the business, the security or the reputation of the pension in public.
In case of justified resignation of the pension "ABC" no claim of the customer for compensation for damages arises.
4.5. Pension "ABC" has to inform the customer of the exercise of the right of withdrawal without delay in the way of communication practiced with the customer.
5. Room preparation, handover and return
5.1. The customer acquires, unless otherwise agreed, no claim to the provision of certain rooms.
5.2. Check in: The rooms are available from 2 pm. In the case of an earlier arrival, the luggage can usually be stored. If the room is already ready to move in, it can be occupied earlier.
For better disposition, please inform the guesthouse about the approximate time of arrival.
If there are any delays, the pension should also be informed in time by telephone.
Otherwise, in the interest of minimizing damage, it is entitled to release the room from 6 pm onwards and in the following days for further reservations.
Arrival and departure are at the reservation as a day, so it counts the number of nights.
5.3. Check out: On the agreed day of departure, the rooms must be vacated no later than 11:00 am. Luggage may be stored free of charge.
If the transfer takes place after noon for reasons beyond the control of the guesthouse, 50% of the room rate will be charged without breakfast, after 18.00 hours 100%.
6. Liability
6.1 The guest is liable to the guesthouse "ABC" for the damage caused by him or his guests.
6.2 The guesthouse "ABC" is not liable to the guest or the contractual partner if the provision of services is rendered impossible due to force majeure. In these cases, the guesthouse endeavors to obtain other services of equivalent value.
6.3 It is the guest's responsibility to insure brought objects against theft or damage or destruction. Liability of the Pension "ABC" in case of loss, theft, damage or destruction is excluded.
6.4 Should faults or deficiencies occur in the services of the Pension, the Pension will make every effort to remedy this with knowledge or immediate notification of the Customer. The guest, for his part, is obliged to do his utmost to remedy the disturbance and minimize possible damage.
Liability claims expire if the customer does not make a complaint immediately after gaining knowledge of the loss, destruction or damage to the pension.
6.5. Wake-up calls, messages, mail and goods for guests are not part of the service range of the pension "ABC".
If these services are taken over by agreement in exceptional cases, they must be executed with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
7. Conditions for the use of Wi-Fi Internet access
Agreement
• The use takes place by logging into our WLAN. The following user agreement is accepted.
• The use is free of charge and limited to the duration of the presence in the area of the pension ABC. Pension ABC can not guarantee the actual availability of the internet access. The code may not be disclosed to third parties. The code expires after a certain time has elapsed. In this case, however, a new code can be requested. Information is available at the reception.
• By issuing the code Pension ABC assumes no obligations. The use is made according to the technical possibilities. In particular, the user has no right to use the Internet Guest-LAN in any particular way or for a certain period of time.
• This excludes any liability, in particular for warranty and compensation (with the exception of intent and bodily injury). In particular, no liability is assumed for the content of accessed websites or downloaded files. Furthermore, no liability is accepted for any virus attack by using the Internet Guest LAN. The user expressly acknowledges that the Internet Guest LAN only allows access to the Internet, but does not contain any antivirus or firewall.
• The use of illegal content pages and the distribution of unlawful or legally protected content is prohibited.
• The user is expressly prohibited from using the Internet Guest LAN for downloading or any other distribution of copyrighted content.
• Any improper use of the Internet Guest LAN, in particular any use that may entail adverse legal consequences for third parties or Pension ABC, is prohibited.
• Should the guesthouse ABC be exposed to third-party claims for any reason by the use of the internet guest-LAN by the user, the user is obligated to indemnify the guesthouse ABC in this respect.
• In the event of a breach of the Terms of Use or suspected violations, the use of the Internet Guest LAN may be blocked at any time without giving reasons. Liability for data loss is expressly excluded.
If the guest logs into the WLAN of PENSION ABC, he agrees to the above agreement.
8. Final provisions
8.1. Place of performance and place of payment as well as place of jurisdiction is the registered office of Pension ABC: Berlin.
8.2. Should individual provisions of these General Terms and Conditions for the accommodation contract and accommodation in the guest house be or become invalid or void, this shall not affect the validity of the remaining provisions.
In addition, the statutory provisions apply.
Berlin, March 01, 2010