General Terms and Conditions - Pension Krone Freiberg

Please note the following general information, which is an integral part of the accommodation contract.

GENERAL INFORMATION IN BRIEF:

Equipment: All rooms are equipped with shower, toilet and TV.

Departure time: On the day of departure, the rooms are available to guests until 10 a.m. A late check-out can be arranged at an additional cost.

Terms of payment: advance payment or on-site payment by arrangement (cash, credit card, Apple pay, etc.).

The accommodation contract is concluded with the written booking confirmation.

All changes to the contract must be in writing.

Arrival time: 3 p.m. – 6 p.m. Late check-in can be arranged. An unannounced Late-Check-In can be billed with up to 20 €.

Smoking is not permitted inside the house.

Cancellations without penalty are possible within a period of 5 calendar days before the start of the agreed first night. After this period, a cancellation fee of 80% of the total room rate booked will be charged.

The use of private electronic devices (with the exception of electric toothbrushes or chargers for consumer electronics) is not permitted.

The place of jurisdiction is the seat of the pension as agreed.

I. Scope

These terms and conditions apply to contracts for the rental of guest rooms for accommodation as well as all other services and deliveries of the guest house provided for the customer in this context (pension accommodation contract). The term „pension contract“ includes and replaces the following terms: accommodation contract, guest accommodation contract, boarding house contract.
The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 paragraph 1 sentence 2 BGB is waived if the customer is not a consumer.
The customer’s general terms and conditions only apply if this has been expressly agreed in writing beforehand.

II. CONCLUSION OF CONTRACT, PARTNERS, STATUTE OF LIMITATIONS

The contract is concluded when the guesthouse accepts the customer’s application. The pension is free to confirm the room booking in text form.
Contractual partners are the hotel and the customer. If a third party has ordered for the customer, he is liable to the pension together with the customer as joint debtor for all obligations arising from the pension accommodation contract, provided that the pension has a corresponding declaration from the third party.
All claims against the pension expire one year after the start of the statutory limitation period. Claims for damages become statute-barred after five years, regardless of knowledge, insofar as they are not based on injury to life, limb, health or freedom. These claims for damages become statute-barred in ten years, regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the pension.

III. SERVICES, PRICES, PAYMENT, OFFSET

The guesthouse is obliged to keep the rooms booked by the customer available and to provide the agreed services.
The customer is obliged to pay the agreed or applicable prices of the guesthouse for the rooms provided and for other services used. This also applies to services and expenses of the pension to third parties arranged by the customer. The agreed prices include the respective statutory sales tax.
The guest house can make its consent to a subsequent reduction in the number of booked rooms, the guest house’s service or the length of stay of the customer dependent on the price for the room and/or other guest house services being increased.
Pension invoices without a due date are payable within 10 days of receipt of the invoice without deduction. The pension can demand the immediate payment of due claims from the customer at any time. In the event of late payment, the pension is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, of 5% above the base rate. The board reserves the right to prove a higher damage.
The pension is entitled to demand a reasonable advance payment or security in the form of a credit card guarantee, a down payment or similar from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
In justified cases, e.g. payment arrears by the customer or extension of the scope of the contract, the guesthouse is entitled to demand an advance payment or security deposit in the sense of No. 5 above or an increase in the contractual ag agreed advance payment or security up to the full agreed remuneration.
The guesthouse is also entitled to demand a reasonable advance payment or security deposit within the meaning of No. 5 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such has not already been provided in accordance with Nos. 5 and/or 6 above became.
The customer can only offset or offset against a claim of the pension with an undisputed or legally binding claim.
The prices include the currently applicable statutory sales tax and are subject to an adjustment in the event of tax rate changes and a change in the consumer price index for Germany determined by the Federal Statistical Office on the basis of 2020 = 100 at the time the service is provided compared to the status at the time the contract was concluded in the same percentage ratio.

IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION) / FAILURE TO USE THE SERVICES OF THE PENSION (NO SHOW)

A cancellation by the customer of the contract concluded with the hotel requires the consent of the hotel in text form. If this does not take place, the agreed price from the contract must be paid even if the customer does not make use of the contractual services.
If an appointment for free withdrawal from the contract has been agreed in text form between the guesthouse and the customer, the customer can withdraw from the contract up to that point without triggering payment or damage claims on the part of the guesthouse. The customer’s right of withdrawal expires if he does not exercise his right to withdraw from the hotel in text form by the agreed date.
In the case of rooms not used by the customer, the guesthouse has to offset the income from renting these rooms to other parties as well as the saved expenses. If the rooms are not otherwise rented, the pension can demand the contractually agreed remuneration and make a flat-rate deduction for saved expenses of the pension. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.

V. WITHDRAWAL OF PENSION

If it has been contractually agreed that the customer can withdraw from the contract free of charge within a certain period of time, the guesthouse is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer is available upon request from the guesthouse Right of withdrawal not waived.
If an advance payment or security deposit agreed or requested above in accordance with Section III, Numbers 5 and/or 6 is not made even after a reasonable grace period set by the guesthouse has expired, the guesthouse is also entitled to withdraw from the contract.
Furthermore, the pension is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, for example if
1. Force majeure or other circumstances for which the pension is not responsible make it impossible to fulfill the contract;
2. rooms or spaces are booked culpably with misleading or false information about material contractual facts, e.g. about the customer or the purpose of his stay;
3. the pension has justified reason to assume that the use of the pension benefit can jeopardize the smooth running of business, the safety or the reputation of the pension in public, without this being attributable to the area of control or organization of the pension;
4. the purpose or reason for the stay is unlawful;
5. there is a violation of the above-mentioned number I no. 2.
If the cancellation of the pension is justified, the customer is not entitled to compensation.
Should individual provisions of this contract be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the rest of the contract remains unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions apply accordingly in the event that the contract proves to be incomplete.

VI. ROOM AVAILABILITY, DELIVERY AND RETURN

The customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed in writing.
Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no right to earlier availability. Check-In is possible until 6:00 pm. A later Check-In time can be arranged according to prior agreement. Unannounced late-Check-In can be billed with up to 20 €.
On the agreed day of departure, the guesthouse’s rooms are to be made available by 10:00 a.m. at the latest cleared, unless otherwise agreed in writing between the customer and the guesthouse. After that, the guesthouse can charge 50% of the full accommodation price (list price) due to the delayed evacuation of the room for its contractual use up to 6:00 p.m. and 100% from 6:00 p.m. This does not justify contractual claims by the customer. He is free to prove that the guesthouse has no or a significantly lower claim to usage fees.
Smoking is allowed only in the designated area of the courtyard. Smoking is not allowed in the house and especially the room. In case of violations, a costly cleaning will be required. The costs in the amount of 250,00 Euro will be charged to the guest. Should subsequent accommodation not be possible or be delayed as a result of this, the costs for the damage caused by this will be charged to the guest.

VII. LIABILITY OF THE PENSION

The pension is liable for its obligations under the contract. Customer claims for compensation are excluded. Excluded from this are damages resulting from injury to life, limb or health if the guesthouse is responsible for the breach of duty, other damages that are based on an intentional or grossly negligent breach of duty by the guesthouse and damages that are based on a willful or negligent breach of typical contractual obligations of the pension. A breach of duty by the guesthouse is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects in the services of the guesthouse occur, the guesthouse will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
The pension is liable to the customer for items brought in according to the statutory provisions. Thereafter, liability is limited to a hundred times the room rate, but no more than €3,500 and, deviating from this, for money, securities and valuables up to a maximum of €800. Money, securities and valuables can be kept in the room safe up to a maximum value of €2,500. The pension recommends only making use of this option if such a room safe is available.
If the customer is provided with a parking space in a pension car park, even for a fee, this does not result in a custody agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the corresponding property and their contents, the pension is not liable, except in the case of intent or gross negligence. For the exclusion of the customer’s claims for damages, the regulation of the above number 1, sentences 2 to 4 applies accordingly.
Wake-up calls are carried out by the pension with the greatest care. Messages, post and consignments for the guests are treated with care. The pension takes over the delivery, storage and – on request – the forwarding of the same for a fee. For the exclusion of claims for damages by the customer, the regulation of the above number 1, sentences 2 to 4 applies accordingly.

VIII. FINAL PROVISIONS

Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the customer are invalid.
Place of fulfillment and payment is the location of the pension.
The exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is the registered office of the pension in commercial transactions. If a contractual partner meets the requirements of § 38 paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the pension.
German law applies. The application of the UN sales law and the conflict of laws is excluded.
Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.