General Terms and Conditions (AGB)
for the holiday apartments of Seeträume Ferienappartements am Bodensee UG (limited liability)
Seeträume Ferienappartements am Bodensee UG (limited liability)
Klostergasse 7
78462 Konstanz
christian.pontes-lang@seetraeume.com
Phone +49(0)175 9181281
www.seetraeume.com
HRB 711489 Register Court Freiburg i.Br.
Managing Director Christian Pontes-Lang
- hereinafter referred to as the "BHB" accommodation facility-
The terms and conditions can be viewed on the Internet at www.seetraeume.com. Upon request, these will also be sent to the guest.
1. Scope of application
1.1 The following general terms and conditions apply to contracts for the rental of holiday apartments, for accommodation and conferences as well as all other services and deliveries of the AF provided for the guest.
1.2 Deviating provisions shall only apply if they have been individually agreed between the AF and the guest.
2. conclusion of the contract
2.1 The accommodation contract is concluded when the guest submits an application (booking request for a holiday apartment) verbally, in writing, by telephone or by e-mail, which is accepted by the AF. Acceptance is made by written confirmation in text form of the booking of the holiday flat.
2.2 If the room booking is made for the guest by a third party, the guest shall be liable to the AF together with the guest as joint debtor for all obligations from the contract if the AF has a corresponding declaration from the third party.
2.3 The subletting and re-letting of the rented apartments and their use for purposes other than accommodation shall require the prior written consent of the AF.
3. prices and services
3.1 The AF is obliged to keep the apartments booked by the guest ready in accordance with these General Terms and Conditions and to provide the agreed services.
3.2 The guest is obligated to pay the prices of the AF that apply or were agreed upon for the provision of the apartment and the additional services used by the guest. This shall also apply to the AF's services and expenses to third parties caused by the guest or the customer.
3.3 The agreed prices include the respective statutory value-added tax.
3.4 The prices can be changed by the AF if the guest subsequently requests changes to the number of booked rooms, the number of persons, the services provided by the AF or the length of stay and the AF agrees to this.
3.5 The AF's invoices shall be payable immediately upon receipt without deduction. The default shall commence if the guest does not make payment within 7 days of the due date and receipt of an invoice; this shall only apply to a guest who is a consumer if these consequences have been specifically pointed out in the invoice. In the event of default in payment, the hotel shall be entitled to charge consumers default interest at a rate of 5 percentage points above the base rate. In business transactions, the default interest rate shall be 9% above the base rate. The BHB reserves the right to claim higher damages. The AF can charge a reminder fee of EUR 5.00 for each reminder after the occurrence of default.
3.6 AF shall be entitled to demand an appropriate advance payment/provision of security in the amount of 20% of the agreed price upon conclusion of the contract or upon request. BHB shall also be entitled to issue invoices at any time during the guest's stay at the BHB by issuing an interim invoice, which shall be due for payment immediately.
3.7 The guest may only offset or reduce a claim of the AF against a claim of the AF if the claim is undisputed or has been legally established.
4. services not used, cancellation, withdrawal of the guest
4.1 The AF shall grant the guest the right of withdrawal at any time. The following provisions apply: In the event that the guest withdraws from the booking, the AF shall be entitled to appropriate compensation. The AF shall have the option of asserting a flat-rate cancellation fee against the guest instead of a specifically calculated compensation. The cancellation flat rate shall be: from 4 weeks before the start of the contract 20% of the agreed price from 2 weeks before the start of the contract 50% of the agreed price from 1 week before the start of the contract 80% of the agreed price In the event of non-attendance without notification 100% of the agreed price The guest shall be entitled to prove that the AF has suffered no damage or that the damage suffered by the AF is lower than the compensation flat rate demanded.
4.2 The claim to compensation from AF shall not apply if AF grants the guest an option in the contract in which the guest can withdraw from the contract within a certain period without legal consequences. Decisive for the timeliness of the declaration of withdrawal is its receipt by BHB. The guest must declare the withdrawal in text form.
5. rescission of the AF
5.1 If an advance payment or provision of security agreed in accordance with Section 3.6 is not made within a period set for this purpose, BHB shall also be entitled to withdraw from the contract.
5.2 A right to withdraw from the contract for an important reason shall not be affected by this. In particular, this shall apply if - force majeure or other circumstances for which the AF is not responsible make it impossible to fulfill the contract; - apartments are booked with misleading or false information of essential facts, e.g. regarding the guest's person or purpose; - the AF has justified reason to assume that the use of the AF's services can endanger the smooth business operations, safety or the reputation of the AF in the public, without this affecting the domination or management of the AF. an unauthorized subletting or re-letting in accordance with Section 2.3 exists; - a case of Section 6.3 exists; - the AF learns of circumstances that the financial circumstances of the guest have deteriorated significantly after conclusion of the contract, in particular if the guest does not settle AF's due claims or does not provide sufficient security and therefore payment claims of the AF appear to be at risk;
5.3 AF shall immediately inform the guest in writing of the exercise of the right of withdrawal.
5.4 In the above-mentioned cases of withdrawal, the guest shall not be entitled to compensation.
6 Arrival and departure
6.1 The guest does not acquire a claim to the provision of certain apartments unless the AF has confirmed the provision of certain apartments in writing.
6.2 Booked apartments are available to the guest from 15:00 hours on the agreed day of arrival. The guest has no claim to earlier provision.
6.3 Booked apartments shall be used by the guest by 24:00 hours of the agreed arrival day at the latest. Unless a later arrival time has been expressly agreed, the Hotel shall have the right to allocate booked rooms otherwise after 24:00 hours without the Guest being able to derive any claims for compensation from this. In this respect, the Hotel has a right of withdrawal.
6.4 On the agreed departure day, the rooms shall be vacated and made available to the AF no later than 10:00 a.m. After this time, the AF may charge the daily room rate for the additional use of the apartment until 3:00 p.m. in addition to the damage incurred by the AF. The guest shall be free to prove to the AF that no damage or significantly lower damage has been incurred by the AF.
7. liability
7.1 BHB is liable in cases of intent or gross negligence according to the statutory provisions. In cases of slight negligence, BHB shall be liable exclusively for injury to life, body or health or for the violation of essential contractual obligations. However, the claim for damages for the slightly negligent violation of essential contractual obligations shall be limited to the foreseeable damage typical for this type of contract unless liability is assumed for injury to life, body or health. The organizer is liable to the same extent for the fault of vicarious agents and representatives.
7.2 The provision of the above paragraph (7.1) extends to damages in addition to the service, damages in lieu of the service and claims for compensation for futile expenditure, regardless of the legal grounds, including liability for defects, delay or impossibility.
7.3 Insofar as the guest is provided with a car or bicycle parking space, the AF shall not have a monitoring obligation unless this has been individually agreed in writing in a safekeeping contract.
7.4 Wake-up orders shall not be executed by the AF.
7.5 Messages, mail and consignments of goods for the guests shall only be accepted after prior notification of the guest for a previously agreed fee.
7.6 The limitation of the guest's claims shall be governed by the statutory provisions.
8. Use of Internet (WLAN)
By accepting the access codes for wireless Internet (W-Lan), the guest accepts the general guidelines of the DTV for the use of the Internet:
8.1 Permission for the shared use of a WLAN: The Owner shall operate an internet access via WLAN in its accommodating establishment (BHB). He shall permit the guest to share WLAN access to the Internet for the duration of his stay at the AF. This shared use is a service provided by the AF and can be revoked at any time. The guest shall not have the right to allow third parties to use the WLAN. The owner does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. He is entitled at any time to completely, partially or temporarily suspend the operation of the WLAN, to admit further users and to restrict or exclude the guest's access completely, partially or temporarily. In particular, the Owner reserves the right to block access to certain pages or services via the WLAN at its own discretion and at any time (e.g. pages glorifying violence, pornographic or chargeable pages).
8.2 Access data: Access is granted by entering user name and password. The access data (user name and password) are for the personal use of the guest only and may not be passed on to third parties under any circumstances. The guest undertakes to keep his access data secret. The owner has the right to change access codes at any time.
8.3 Dangers of WLAN use, limitation of liability: The guest is advised that the WLAN only allows access to the Internet, virus protection and firewall are not available. The data traffic generated by using the WLAN is not encrypted. The data may therefore be viewed by third parties. The owner expressly points out that there is a risk that malicious software (e.g. viruses, Trojans, worms, etc.) may reach the end device when using the WLAN. The use of the WLAN is at the guest's own risk and at his own risk. The AF shall not assume any liability for damage to the guest's PC resulting from the use of the Internet access unless the damage was caused by the AF intentionally or through gross negligence.
8.4 Responsibility and indemnification from claims: The guest is solely responsible for the data transmitted via the WLAN, the chargeable services used and the legal transactions carried out. If the guest visits chargeable Internet pages or enters into liabilities, the resulting costs are to be borne by the guest. The guest is obliged to comply with the applicable law when using the WLAN.
He will in particular:
- use the WLAN neither to retrieve nor to disseminate immoral or illegal content
- not to illegally reproduce, disseminate or make accessible any goods protected by copyright
- observe the applicable youth protection regulations
- do not send or distribute any harassing, defamatory or threatening contents
- do not use the WLAN to send mass messages (spam) and/or other forms of illegal advertising.
The guest shall indemnify the owner of the AF from all damages and claims of third parties that are based on an illegal use of the WLAN by the guest and/or on a violation of this agreement; this shall also extend to costs and expenses associated with the use of or defense against such use. If the guest recognizes or must recognize that such a violation of rights and/or such a violation exists or threatens to exist, the guest shall inform the owner of the AF of this circumstance.
9. Final provisions
The law of the Federal Republic of Germany shall apply.
Konstanz 5/2016
