Terms and Conditions
§1 Scope of Application
- These terms and conditions govern contracts for the rental of residential space for accommodation purposes (“Rooms/ Apartments”) as well as all other services and supplies rendered to the guest by Frenzi Penzi GmbH (“FP GmbH”), Dorfstr. 11, 16818 Netzeband as operator of seminar hotel ‘Der Kemper Hof’.
- These terms and conditions shall apply exclusively. The guest’s terms and conditions shall not apply, irrespective of their respective content, unless explicitly acknowledged by FP GmbH beforehand in text form.
§2 Conclusion of Contract, Partner, Statue of Limitations
- The accommodation contract shall be concluded upon acceptance of the guest’s booking by FP GmbH. FP GmbH accepts the booking by confirmation in text form, at the latest, however, by provision of the Rooms/Apartments.
- Contractual parties are FP GmbH and the guest. If a third party has booked for the guest, such third party shall be liable to FP GmbH together with the guest as joint debtor (Gesamtschuldner) for all obligations arising from the accommodation contract. In this case, such third party is the contractual party.
- Subletting of the Rooms/ Apartments as well as their use for purposes other than accommodation require the prior consent of FP GmbH in text form. The same shall apply for use of the Room/ Apartment by persons/ visitors exceeding the stipulated number of persons foreseen in the contract.
- All claims against FP GmbH shall become time-barred one year after commencement of the statutory limitation period. This does not apply to claims for damages and other claims if the latter are based on an intentional or grossly negligent breach of duty by FP GmbH.
§3 Services, prices, payment, ser-off claims
- FP GmbH is obliged to provide the Rooms/ Apartments booked by the guest or an equivalent replacement thereof, and to render the services agreed upon.
- The guest is obliged to pay the prices agreed upon or applicable for the provision of accommodation and for other services accepted by him and offered by FP GmbH. This shall also apply to services commissioned by the guest directly or via FP GmbH, which are provided by third parties and disbursed by FP GmbH.
- The agreed prices include the respectively applicable value added tax (“VAT”). Should the VAT rate applicable to the contractual services increase or decrease after conclusion of the contract, the prices will be adjusted accordingly.
- If the period between conclusion of the contract and fulfilment of the contract exceeds four months and if the price generally charged by FP GmbH for its respective services increases, FP GmbH is entitled to increase the contractually agreed price appropriately, but by no more than 10 %.
- FP GmbH may also adjust the applicable prices if the guest wishes to change the number of Rooms/ Apartments booked, the service provided by FP GmbH or the length of stay after booking, provided, however, that FP GmbH agrees to such changes. Changes must be made in text form.
- If the guest has the possibility to indicate special non-contractual requests during the booking process, these shall be considered as non-binding for FP GmbH. The guest has no claim that the Room/Apartment complies with these non-contractual special requests, unless explicitly confirmed by FP GmbH in text form.
- Payment by means of the selected payment method must be made on the date of arrival at the latest. The date of arrival is 5:00 p.m. of the booked day of arrival. FP GmbH is entitled to demand payment of accrued claims at any time and to demand immediate payment. In the event of default in payment, FP GmbH shall be entitled to demand the applicable statutory default interest as defined in section 288 German Civil Code (BGB). FP GmbH reserves the right to claim damages exceeding the amount of such statutory default interest.
- 3 EUR will be charged for each reminder of payment upon the guest’s default of payment. The guest may prove that such costs did not occur or did not occur in the requested amount.
- FP GmbH is entitled to request an appropriate advance payment or security deposit upon conclusion of the accommodation contract or thereafter. The amount of the advance payment or security deposit and the payment dates may be agreed in writing in the contract. In this case, FP GmbH is entitled to obtain fulfilment of claims from the security deposit in the event that the guest does not comply with payment dates, e.g. by collecting the agreed remuneration by credit card.
- The guest may only set-off a claim by FP GmbH with a claim which is undisputed or decided with final, res judicata effect.
§4 Smoking Ban, Pets, Inclusion of Visitors
- The Rooms/ Apartments of FP GmbH are non-smoking apartments. Therefore, smoking is not allowed in the Rooms/ Apartments. This restriction includes e-cigarettes. In case of violation, FP GmbH is entitled to terminate the contract without notice. In addition, FP GmbH may, at its reasonable discretion, conduct a special final cleaning in case of a nicotine smell in the Room/ Apartment. The costs for such cleaning amount to at least 250 EUR and shall be borne by the guest. FP GmbH reserves the right to charge any costs incurred in connection with the triggering of the fire alarm device through violation of the smoking ban to the guest.
- The keeping of animals in the Rooms/ Apartments of the FP GmbH is allowed against a surcharge, but needs to be confirmed by FP GmbH in text form.
- The Guest is obligated to use the Room/ Apartment only within the scope of the contractually agreed framework, in particular, only by the persons foreseen therein. Any overnight stays of visitors shall require the prior consent of FP GmbH in text-form. In the event of violation, FP GmbH shall be entitled to invoice the Guest a lump sum surcharge of EUR 50.00 per night and visitor as well as to terminate the contract with immediate effect.
§5 Provision, Handover And Return
- The guest is not entitled to the provision of specific Rooms/ Apartments.
- Booked Rooms/ Apartments will be available to the guest from 5:00 p.m. of the agreed arrival day.
- On the agreed day of departure, the Room/ Apartment must be vacated and returned to FP GmbH by no later than 10:00 a.m. Nothing in the above shall be construed as to granting any contractual claims to the guest. The guest is at liberty to prove that FP GmbH has suffered no or less damage. FP GmbH is at liberty to claim higher damages.
- The Rooms/ Apartments must be returned in the condition in which they were handed over to the guest. The guest must remove all his personal belongings from the Rooms/ Apartments and dispose of any garbage and any food he has brought with him. In the event of violation, FP GmbH shall be entitled to invoice the guest a special cleaning fee of EUR 25.00.
- The Apartments of FP GmbH may be booked for a maximum period of 182 consecutive days.
§6 Cancellation by the Guest or Non-use Of Services (No Show)
- If the guest cancels the trip or does not appear on the day of arrival, FP GmbH is entitled to use the booked Room/ Apartment for other purposes.
- The guest may only withdraw from the contract concluded with FP GmbH if (i) a right of withdrawal has been expressly agreed upon in the contract, (ii) a statutory right of withdrawal applies or (iii) FP GmbH expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a contract cancellation require text form in each case.
- The following cancellation conditions apply to the guest: Up until 8 weeks before arrival we charge 30% of the booking amount. In between 8 and 2 weeks before arrival we charge 50% of the booking amount. From 13 days before arrival until arrival date we charge 80% of the booking amount. We will do out utmost to resell the respective rooms/services. If we do so, the corresponding cancellation fees will be waived.
- The date of arrival is 5:00 p.m. of the booked day of arrival. In case of early departure of the guest after check-in, a refund of the agreed remuneration is excluded for all booked services.
- If a right of withdrawal has expired, and there is no statutory right of withdrawal or termination, and if FP GmbH does not agree to a cancellation of the contract, FP GmbH reserves the right to the agreed remuneration despite the guest’s non-use of the service. For unused Rooms/ Apartments, which FP GmbH has been able to rent out otherwise, the income from the other rental as well as the saved expenses shall be taken into account.
- If the Rooms/ Apartments are not rented out otherwise, FP GmbH is free to deduct the saved expenses at a flat rate. In this case, the guest is obliged to pay 90 % of the contractually agreed remuneration for the rental of the Rooms/ Apartments. However, the guest may prove that FP GmbH has suffered no or less damage.
§7 Withdrawal of FP GmbH
- If it has been agreed that the guest can withdraw from the contract free of charge within a certain period of time, FP GmbH is entitled to withdraw from the contract during this period if there are inquiries from other customers about the booked Rooms/ Apartments, and the guest does not waive his right to withdraw from the contract upon request by FP GmbH within a reasonable period of time.
- If an advance payment or security deposit agreed upon in accordance with § 3 section 9 is not made within a reasonable grace period set by FP GmbH, FP GmbH shall be entitled to withdraw from the contract.
- FP GmbH is also entitled to withdraw from the contract for objective reasons, for example if
- force majeure or other circumstances beyond the control of FP GmbH make it impossible to fulfil the contract;
- the Room/ Apartment has been booked under misleading or false statements of facts that are essential for the conclusion of the contract, such as facts relating to the guest or the purpose of contract;
- FP GmbH has reasonable grounds to believe that the use of the booked Rooms/ Apartments may adversely affect domestic tranquillity, security interests or the public reputation of FP GmbH, without this being attributable to the sphere of control or organization of FP GmbH.
- FP GmbH shall inform the guest of the exercise of the right of withdrawal/cancellation without undue delay.
- The guest is not entitled to claim damages if FP GmbH rightfully withdraws from the contract.
§8 Loss or Damage of Guest Possessions
For belongings brought in by the guest FP GmbH is liable according to the statutory provisions. FP GmbH recommends use of the safe centrally available at the building. If the guest wishes to bring in money, securities or valuables with a combined value of more than 800 EUR or other items with a combined value of more than 3,500 EUR, this requires a separate storage agreement to be concluded with FP GmbH.
§9 Technical Equipment and Connections
- Use of the guest’s own electrical devices using the Room’s/ Apartment’s electricity network is at the guest’s own risk. Any malfunctions or damage to the Room’s/ Apartment’s technical equipment caused by the use of these devices shall be at the guest’s expense, insofar as FP GmbH is not responsible for such malfunction or damage.
- The guest is prohibited from illegally sharing files via the Internet connection provided by FP GmbH. This includes any upload or download of copyrighted data in any form. The guest is liable for all damages caused to FP GmbH and/or the rights holder by the violation/infringement of rights.
§10 Access of FP GmbH GmbH
FP GmbH is entitled to enter the rented Room/ Apartment for daily cleaning and / or final cleaning, change of laundry and after consultation with the guest to carry out repairs, to read electricity and water meters and to view the rented Room/ Apartment as part of the follow-up rental of the Room/ Apartment. In case of imminent danger, FP GmbH is also entitled to enter the Room/ Apartment without the guest’s consent.
§11 Duty of Care Obligations of the Guest, Liability of the Guest
- The guest is obligated to treat the Room/ Apartment and the inventory belonging thereto as well as the community facilities with due care and diligence and to prevent damage. In particular, the guest shall avoid excessive soiling, properly dispose of waste regularly and guarantee a minimum degree of order so that the agreed cleaning can be performed readily and the Room/ Apartment can be maintained in a clean and hygenic defect-free condition within the framework of these standard cleaning measures. FP GmbH shall be entitled to invoice the guest in the full amount for the costs of any increased cleaning expenses to invoice the guest in the full amount for the costs of any increased cleaning expensed due to substantially excessive soiling or disorder. Insofar as the guest fails to meet the afore-mentioned obligations also after a formal warning in text-form, FP GmbH shall be entitled to terminate the lodging contract with immediate effect.
- The guest is liable for all damage to the building or inventory caused by himself or by visitors, employees or other third parties from his sphere of influence. Furthermore, the guest is also liable for all other damages and expenses incurred by FP GmbH due to improper use of the rental object or items brought in. This also includes costs incurred by FP GmbH due to the negligent activation of fire alarm systems (smoke detectors) (in particular costs of a chargeable fire brigade deployment).
- FP GmbH is entitled to settle costs for the repair of damage to the Room/ Apartment or its inventory caused by negligence of the guest or any co-guests or visitors from the security deposit provided by the guest in accordance with § 3 section 9. FP GmbH will determine the costs for remedying the damage beforehand by obtaining a cost estimate from a contractor adequately qualified for the repair in question.
- The guest is obliged to make a reasonable contribution to rectifying the damage and keeping any possible damage to a minimum.
- The “guest instructions” handed to the guest at check-in and also displayed in the rooms must be respected. They contain a specific warning that the premises of ‘Der Kemper Hof’ include active farm facilities. Stables with live animals, equestrian facilities, technical facilities and water areas pose particular risks. The guests will pay special attention to this in their own interest; Children should always be supervised.
§12 Liability of FP GmbH
- FP GmbH shall be liable for damages caused by it resulting from injury to life, physical integrity or health as well as for other damages which are based on an intentional or grossly negligent breach of duty by FP GmbH or on an intentional or negligent breach of contract-typical duties of FP GmbH. A breach of duty by FP GmbH is equivalent to that of a legal representative or vicarious agent (Erfüllungsgehilfe). Further claims for damages are excluded, unless otherwise stipulated in this § 12.
- As far as the guest is provided with a parking space on an in-house parking garage, this does not constitute a contract regarding safekeeping, regardless of the applicability of fees. FP GmbH shall only be liable for loss of or damage to motor vehicles and bicycles or their inventory parked or maneuvered on the property in accordance with the provisions of the above section 1.
§13 Concluding Provisions, House Rules
- The contract is concluded in the English language.
- Amendments or additions to the contract, the acceptance of the FP GmbHs’ contractual offer, or to these terms and conditions for the rental of Rooms/ Apartments shall be made in writing. Unilateral changes or additions by the guest are void.
- Place of performance and payment is the registered office of FP GmbH. Exclusive place of jurisdiction – also for cheque and exchange disputes – is the registered office of FP GmbH, provided that the guest is a businessman (Kaufmann) in the sense of the German Commercial Code (HGB). If a contractual party meets the requirements of section 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of FP GmbH.