General terms and conditions of the company Andre Opitz fitter rooms/holiday apartments
1. SCOPE
The terms and conditions apply to hotel accommodation contracts as well as to all services and deliveries provided to the guest by the hotel, Andre Opitz Nettestraße 116, 58762 Altena. The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract. Deviating provisions, even if they are contained in the general terms and conditions of the guest or the customer, do not apply unless they are expressly acknowledged in writing by the hotel. Applicable in German, to avoid errors due to possible automatic translations.
2. CONCLUSION OF THE CONTRACT
The contract is concluded when the hotel accepts the guest's application. The hotel is free to confirm the room booking in writing. The contractual partners are the hotel and the guest. If a third party has ordered for the guest, he or she is jointly and severally liable with the guest for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration from the third party.
3. BOOKING / CANCELLATION / 'NO-SHOW'
3.1 The guest accommodation contract is concluded as soon as the room has been ordered and confirmed or, if a confirmation was no longer possible due to time constraints, made available. The respective invoice in connection with a booking confirmation represents a binding contract between the tenant and the landlord for the contract period/booking period specified in the invoice. Bookings can be made in writing, verbally, by telephone or electronically. If the tenant expressly and separately undertakes a corresponding obligation, the booking is also binding for all persons listed there.
3.2 The conclusion of the guest accommodation contract obliges the contractual partners to fulfill the contract, regardless of the duration of the contract.
3.3 The innkeeper (landlord) is obliged to pay compensation to the guest if the room is not provided.
3.4 Withdrawal You can withdraw from the contract and cancel your rental agreement. If you withdraw from the rental agreement, we as the landlord are entitled to appropriate compensation (cancellation costs) for each rented holiday apartment or holiday home in accordance with applicable laws, as shown in the following list:
The reason for the withdrawal/cancellation is irrelevant.
Up to 4 weeks before arrival: free cancellation
less than 2 weeks before arrival: 50% of the invoice amount
less than 1 week before arrival: 100% of the invoice amount
'no-show'/non-arrival: 100% of the invoice amount
Shortening of the stay (late arrival/early departure) 100% of the invoice amount
3.5 Failure to show up If you do not show up at the start of the rental period without notifying the landlord, the claim to the entire reservation expires.
3.6 a) The innkeeper (landlord) is obliged in good faith to allocate unused rooms/apartments to someone else if possible in order to avoid cancellations.
b) Until the room is allocated elsewhere, the guest must pay the amount calculated in accordance with Section 4 for the duration of the contract.
3.7 Arrival and departure days count as one day.
3.8 The exclusive place of jurisdiction is the place of operation.
3.9 The service date of the invoice is the invoice date, whereby the booked duration must always be paid in advance, but at the latest by arrival. If payment is not made or is incomplete, the hotel is free to cancel the concluded contract and re-rent the reserved rooms.
4. WITHDRAWAL OF THE HOTEL
4.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel 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 responds to the hotel's request with appropriate information deadline does not waive his right to withdraw.
4.2 If an agreed or requested advance payment or security deposit is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
4.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if - force majeure or other circumstances for which the hotel is not responsible make fulfillment of the contract impossible (e.g. due to fire, water damage, electrical system, storm, etc.) – Rooms or rooms are culpably booked with misleading or false information or with the concealment of essential facts; The identity of the customer, the ability to pay or the purpose of the stay may be important; – the hotel has reasonable grounds to believe that the use of the service may endanger the smooth operation of the business, the security or the public reputation of the hotel, without this being attributable to the control or organizational area of the hotel; – the purpose or reason for the stay is unlawful;
4.4 The hotel's justified withdrawal does not constitute a claim by the customer for compensation or for the hotel to provide alternative accommodation.
5. ROOM PROVISION, DELIVERY AND RETURN
5.1 The customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed.
5.2 Booked rooms are available to the customer from 6:00 p.m. on the agreed arrival day. The customer has no right to earlier availability.
5.3 On the agreed departure day, the rooms must be vacated and made available to the hotel by 10:00 a.m. at the latest. Thereafter, due to the late vacating of the room, the hotel can charge 50% of the full accommodation price (list price) for use beyond the contract until 2:00 p.m., and 90% from 2:00 p.m. This does not justify the customer's contractual claims. He is free to prove that the hotel has no or a significantly lower claim to usage fees.
6. LIABILITY
We assume no liability for valuables or personal injury. Tenants are required to take care of their valuables themselves and to protect themselves against theft or damage. It is assumed that the tenant handles the inventory of the apartments provided carefully and conscientiously. If the respective tenant/contractual partner is a company, it is liable for its employees during their stay. Damage caused by the tenants will be charged in full. Damages and defects must be reported to the hotel immediately after the guest becomes aware of them.
7. CLEANING
Final cleaning is included in all contractually agreed bookings. Possible interim cleanings will be agreed in the booking confirmation. Each rented unit has its own utensils for guests to clean independently. We would like to point out that if the apartment/room is excessively dirty, we reserve the right to charge an additional final cleaning fee of €150.00. Waste disposal does not count as part of the interim/final cleaning and will be charged separately. The booked rooms/apartments must be handed over swept clean after moving out, the resulting rubbish must be disposed of, and the kitchen utensils (dishes, cutlery, glasses, pots and pans) must be washed independently and stored in the cupboards as found on arrival. We reserve the right to charge a flat rate of €25.00 for necessary waste disposal and a flat rate of €30.00 for kitchen utensils that need to be cleaned. These activities are not part of the agreed final cleaning and represent additional expense.
8. SMOKING
Smoking is only permitted under the conditions discussed and in the designated locations. If the smoking ban is violated, a special cleaning fee of €200.00 will be charged per room where smoking occurred. In addition, the contract can be terminated without notice in the event of gross violations.
9. DEPOSIT / LOSS OF KEYS / HANDOVER
Upon arrival, a flat rate deposit of €250.00 must be paid for the first booking per apartment or room booked. If a key is lost and the key system has to be changed, we charge an amount of €100.00. The deposit serves as security for necessary costs due to: excessive additional effort due to final cleaning in the event of heavy soiling, waste disposal, kitchen cleaning in accordance with paragraph 7, the loss of keys mentioned, or other damage. The hotel will charge for more extensive damage that exceeds the deposit amount. Unless expressly agreed otherwise, the deposit will be paid in cash upon arrival.
10. RECEPTION OF VISITS
If visitors are received, the landlord must be consulted. Without any prior consultation, strangers are prohibited from accessing the accommodation. Accommodating additional guests is only possible in exceptional cases and after consulting the hotel. The hotel may charge additional costs to accommodate additional guests. Celebrations with unregistered people are prohibited.
11. QUIET TIMES/OUTDOOR AREA
The rest times are set out in the house rules. Violations of rest periods can result in a warning and, in the event of repeated violations, the contract can be terminated. Outdoor areas are limited to the balconies and terraces available on the units booked and the outdoor areas specified in the booking. In particular, grilling and playing music outdoors is only permitted in consultation with the hotel in outdoor areas indicated by the hotel. If other guests or neighbors disturb the peace due to social activities in the outdoor area, we reserve the right to eject you from the premises and, in the event of gross violations, to terminate the contractual relationship without notice.
12. PETS
Pets are only allowed after consultation with the landlord. Pets are generally prohibited in our accommodation without prior consultation. We reserve the right to decide individually in which cases pets are allowed.
13. WASTE DISPOSAL
The tenant is responsible for waste disposal. This takes place as described in the house rules and the landlord's instructions. For incorrect waste disposal/waste separation or non-compliance with waste disposal, please refer to point 7. We reserve the right to terminate the contractual relationship in the event of gross violations. Violations of the regulations on waste separation can result in a special cleaning fee of €150.00 if grossly ignored.
14. Covid-19/hygiene measures/arrival
If you have any questions about current Coid-19/hygiene measures, please contact us.
15. FINAL PROVISIONS
15.1 Changes and additions to the contract, the acceptance of the application or these general terms and conditions should be made in text form. Unilateral changes or additions by the customer are invalid. These general terms and conditions are accepted upon booking/arrival and are valid without the guest/customer's signature.
15.2 The place of performance and payment as well as the exclusive place of jurisdiction - also for check and bill of exchange disputes - is 58762 Altena in commercial transactions. If a contractual partner meets the requirements of Section 38 Paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is 58762 Altena.
15.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded. 8.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this will not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply