General terms and conditions

Zimmervermietung Markus Kiy

1. SCOPE OF APPLICATION

1.1

These terms and conditions apply to contracts for the rental of apartments/holiday apartments for accommodation as well as all other services and deliveries provided by the operator to the customer in this context (hotel accommodation contract). They do not apply to package tours within the meaning of § 651a BGB. The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.

1.2

General terms and conditions of the customer only apply if this has been expressly agreed in text form.

2. CONCLUSION OF CONTRACT AND CONTRACTUAL PARTNER

Contractual partners are the operator and the customer. The contract is concluded by the acceptance of the customer's request by the operator. In the case of booking via the operator's own homepage, the contract is concluded by clicking on the "BOOK FEE" button.

3. SERVICES, PRICES, PAYMENT, OFFSET

3.1

The operator is obliged to keep the apartments/holiday apartments booked by the customer ready and to provide the agreed services.

3.2

The customer is obliged to pay the agreed or applicable prices of the operator for the apartment/holiday apartment transfer and the other services used by him. This also applies to services commissioned by the customer directly or through the operator, which are provided by third parties and carried out by the operator.

3.3

The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Not included are local taxes that are owed by the guest himself under the respective municipal law, such as accommodation tax/guest tax/city tax. In the event of a change in the statutory value added tax or the new introduction, change or abolition of local taxes on the object of the service after conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between the conclusion of the contract and the performance of the contract exceeds four months.

3.4

If payment on account has been agreed, payment must be made without deduction - subject to a different agreement - within 14 (fourteen) days of receipt of the invoice.

3.5

The operator is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee including pre-authorization. The amount of the advance payment and the payment dates can be agreed in the contract in text form. In the event of default of payment by the customer, the legal regulations apply.

3.6

In justified cases, for example payment arrears of the customer or extension of the scope of the contract, the operator is entitled to demand an advance payment or security deposit within the meaning of the above section 3.5 or an increase of the advance payment or security deposit agreed in the contract until the full agreed remuneration even after conclusion of the contract until the beginning of the stay.

3.7

The operator is also entitled to demand from the customer at the beginning and during the stay a reasonable advance payment or security deposit within the meaning of section 3.5 above for existing and future claims arising from the contract, unless such has already been made in accordance with section 3.5 and/or section 3.6 above.

3.8

The customer can only offset or offset against an undisputed or legally binding claim against a claim of the operator.

3.9

The customer agrees that the invoice can be sent to him electronically.

3.10

Valid means of payment are cash in euros, EC card/ Giro card, Master Card, Visa Card and American Express.

4. WITHDRAWAL/CANCELLATION ("CANCELLATION") OFTHE CUSTOMER/ NON-USE OF THE SERVICES OF THE OPERATOR ("NO SHOW")

4.1

A unilateral solution of the customer from the contract concluded with the operator is only possible if a right of withdrawal has been expressly agreed in the contract or there is a legal right of withdrawal or termination.

4.2

If an appointment for free withdrawal from the contract has been agreed between the operator and the customer, the customer can withdraw from the contract until then without triggering payment or damage claims by the operator. The customer's right of withdrawal expires if he does not exercise it against the operator in text form by the agreed date.

4.3

If a right of withdrawal has not been agreed or has already expired and there is no legal right of withdrawal or termination, the operator retains the right to the agreed remuneration despite non-use of the service. The operator must credit the income from other rental of the apartments/holt apartments as well as the saved expenses. If the apartments/holt apartments are not rented elsewhere, the operator can flat-rate the deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for an overnight stay. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount. Excluded from these regulations are special offers by the operator, in which a withdrawal/cancellation is already excluded at the time of booking or has been agreed upon the full invoice amount (100%) to be paid upon withdrawal/cancellation.

4.4

In the event of non-arrival of the customer without prior withdrawal on the part of the customer, the operator is entitled to charge the full invoice amount (100%). The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.

5. WITHDRAWAL OF THE OPERATOR

5.1

If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the operator is entitled to withdraw from the contract during this period if there are requests from other customers for the contractually booked apartments/holi Apartments and the customer does not waive his right to withdraw at the request of the operator with a reasonable deadline. This applies accordingly to the granting of an option if there are other requests and the customer is not ready for a firm booking at the request of the operator with a reasonable deadline.

5.2

If an advance payment or security deposit agreed or requested in accordance with Section 3.5 and/or Section 3.6 is not made even after the expiry of a reasonable grace period set by the operator, the operator is also entitled to withdraw from the contract.

5.3

Ferner ist der Betreiber berechtigt, aus sachlich gerechtfertigtem Grund vom Vertrag außerordentlich zurückzutreten, insbesondere falls:
• Furthermore, the operator is entitled to withdraw from the contract extraordinarily for a justified reason, in particular if: • force majeure or other circumstances for which the operator is not responsible make it impossible to perform the contract; • Apartments or holiday apartments are culpably booked under misleading or false statement or concealment of essential facts; the identity of the customer, the solvency or the purpose of stay can be essential; • the operator has reasonable grounds to believe that the use of the service may endanger the smooth business operation, the safety or the reputation of the operator in the public, without this affecting the control or organizational area of the operator is to be attributed; • the purpose or reason for the stay is illegal; - there is a violation of the above-mentioned section 1.2.

5.4

The justified withdrawal of the operator does not give rise to a claim of the customer for damages. If there is a claim for damages by the operator against the customer in the event of a withdrawal in accordance with section 5.2 or 5.3 above, the operator can set it at a flat rate. Section 4.3 applies accordingly in this case.

6. PROVISION, HANDOVER AND RETURN OF THE APARTMENTS/HOLIDAY APARTMENTS

6.1

The customer does not acquire any claim to the provision of certain apartments or holiday apartments, unless this has been expressly agreed in text form.

6.2

Booked apartments/holia apartments are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier provision.

6.3

On the agreed day of departure, the apartments/holtries must be made available to the operator cleared by 10:30 a.m. at the latest. After that, due to the late eviction of the apartment/holiday apartment for its use exceeding the contract, the operator can pay a flat rate of 40,- EUR (for studios) or 60,- EUR (for apartments), from 15:00 will charge 100% of the accommodation price for the following night. Contractual claims of the customer are not justified by this. He is free to prove that the operator has had no or a significantly lower claim to a usage fee.

7. LIABILITY OF THE OPERATOR

7.1

The operator is liable for damages for which he is responsible from injury to life, body or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the operator or on an intentional or negligent breach of contractual obligations of the operator. Typical contractual obligations are those obligations that enable the proper execution of the contract in the first place and on the fulfillment of which the customer trusts and may rely. A breach of duty by the operator is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this section 7. Should disruptions or defects in the services of the operator occur, the operator will endeavour to remedy the situation in the event of knowledge or immediate complaint by the customer. The customer is obliged to contribute what is reasonable for him in order to remedy the fault and to keep any possible damage to a minimum.

7.2

For items brought in, the operator is liable to the customer in accordance with the statutory provisions. If the customer wishes to contribute money, securities and valuables with a value of more than 800 euros or other things with a value of more than 3,500 euros, this requires a separate storage agreement with the operator.

7.3

Insofar as the customer is provided with a parking space in the parking lot of the operator or in the underground car park, also for a fee, this does not result in a custody contract. In the event of loss or damage to motor vehicles parked or maneuvered on the operator's property and their contents, the operator is only liable in accordance with the preceding section 7.1, sentences 1 to 4.

7.4

Messages for customers are handled with care. The operator can, after prior consultation with the customer, take over the acceptance, storage and - on request - the forwarding of mail and shipments of goods for a fee. The operator is only liable in accordance with the preceding section 7.1, sentences 1 to 4.

8. OTHER PROVISIONS

8.1

The resale/rental and/or the transfer of booked rooms is prohibited. The forwarding of rooms and/or room quotas to third parties at higher prices than the actual room prices requires the express consent of the operator. An assignment or sale of the claim against the operator is not permitted. In these cases, the operator is entitled to cancel the booking, in particular if the customer has provided untrue information about the type of booking and payment to the third party during the assignment/sale/emission. A use of the apartment/holtage for a purpose other than the accommodation is expressly prohibited.

8.2

Our entire buildings are non-smoking areas. It is therefore forbidden to smoke both in public areas and in the guest rooms. In the event of an infringement, the operator has the right to demand a lump sum of EUR 200 from the customer for the cleaning costs to be paid separately as well as for the resulting non-rentalability.

8.3

In the event of non-compliance with our fire protection guideline, the customer is fully liable for the costs incurred by triggering a false alarm at the fire brigade and the operator. This also applies to the willful triggering of an evacuation alarm or sabotage of the fire alarm system.

8.4

Pets of any kind are not allowed in the entire building. If the customer violates this regulation and still accommodates a pet in the premises left to him, the operator is entitled to demand damages for the cleaning costs to be spent separately as well as for the resulting non-letting a lump sum of EUR 100.

8.5

In public areas, the consumption of food and drinks brought along is prohibited. Drinks provided by the operator (paid and free) may be consumed in the lobby.

8.6

A voucher purchased from the operator can only be redeemed for the operator's own services. If remaining credit remains when paying with the voucher, these remain and can be used for further payments with the operator. The validity period of the voucher is 3 years from the date of issue. Vouchers cannot be returned, they are not resellable or transferable and cannot be redeemed for cash. The vouchers cannot be used as part of online payments. The purchaser of the voucher is responsible for providing the correct data (in particular e-mail address) to which the voucher and the invoice should be sent.

8.7

The data protection regulations can be viewed at www.ferienwohnungen-leipzig.de/impressum.html

9. FINAL PROVISIONS

9.1

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 are ineffective.

9.2

If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction is 04105 Leipzig. The operator can optionally sue the customer but also at the customer's headquarters. The same applies to customers who do not fall under sentence 1 if they are not domiciled or domiciled in a member state of the EU.

9.3

German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

9.4

In accordance with the legal obligation, the operator points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes ("OSPlatform") ec.europa.eu/consumers. However, the operator does not participate in dispute resolution proceedings before consumer arbitration boards.

As of: 03/2023