GENERAL TERMS AND CONDITIONS

APPLICABILITY

• These terms and conditions govern contracts for the rental use of Boardinghouse rooms for lodging purposes, as well as all other goods and services rendered by the Boardinghouse to the customer in this context (Boardinghouse Accommodation Contract). The term “Boardinghouse Accommodation Contract” comprises and replaces the following terms: accommodation, lodging, Boardinghouse, Boardinghouse room
• The Boardinghouse’s prior consent in written form is required if rooms provided are to be sublet or rented to a third party, or used for other than lodging purposes, whereby section 540, para. 1, sentence 2 German Civil Code (BGB) is waived insofar as the customer is not a consumer.
• The customer’s general terms and conditions shall apply only if these are previously explicitly agreed.

CONCLUSION OF CONTRACT, PARTIES, STATUTE OF LIMITATIONS

• The Boardinghouse and the customer are the contracting parties. The contract shall come into force upon the Boardinghouse’s acceptance of the customer’s offer. At its discretion, the Boardinghouse may confirm the room reservation in written form.
• Any claims against the Boardinghouse shall generally be time-barred one year after the commencement of the general statute of limitations period. Damage claims shall be time-barred after five years, dependent on knowledge thereof, insofar as they are not based on claims arising out of harm inflicted on life, limb, physical health or liberty. These damage claims shall be time-barred after ten years, independent of knowledge thereof. The reduction of the statute of limitation periods shall not apply to claims which are based on an intentional or grossly negligent breach of obligation by the Boardinghouse.

SERVICES, PRICES, PAYMENT, SET-OFF

• he Boardinghouse is obligated to keep the rooms reserved by the customer available and to provide the agreed services.
• The customer is obligated to pay the agreed or applicable Boardinghouse prices for rooms provided and for other services accepted. This also applies to services ordered by the customer directly or via the Boardinghouse, which a third party provides and the Boardinghouse disburses.
• The agreed prices include all taxes and local taxes in effect at the time of the conclusion of contract. This does not include locally levied taxes, which are owed by the guest himself according to the particular municipal law, such as visitor’s ????????????????????????
• If the statutory value added tax is changed or if local taxes concerning the rooms and services are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted. This only applies to contracts concluded with consumers, if four months have passed between the conclusion and fulfilment of the contract.
• The Boardinghouse can make its consent to the customer’s later request for a reduction of the number of reserved rooms, services of the Boardinghouse or the customer’s length of stay dependent on the increase of the price for the rooms and/or for the other services.
• Boardinghouse invoices not stating a due date are payable without deduction and due within ten days of receipt of the invoice. The Boardinghouse can demand immediate payment of due debt from the customer. With default of payment, the Boardinghouse shall be entitled to de- mand the respectively applicable statutory default interest in the amount of currently 8 % or, with legal transactions with a consumer, in the amount of 5 % above the base interest rate. The Boardinghouse reserves the right to prove greater liability.
• The Boardinghouse is entitled to require a reasonable advance payment or a security, such as a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and payment dates may be agreed in written form in the contract. The statutory provisions shall remain unaffected with advance payments or a security for package tours.
• In justified cases, e.g. the customer’s default in payment or expansion of the scope of the contract, the Boardinghouse shall be entitled, also after the conclusion of the contract up to the commencement of the stay, to demand an advance payment or a security within the meaning of the above-mentioned No. 3.6 or an increase of the advance payment or a security agreed in the contract up to the total agreed amount.
• Furthermore, the Boardinghouse shall be entitled, at the commencement and during the customer’s stay, to demand a reasonable advance payment or security deposit with- in the meaning of the above-mentioned No. 3.6 for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned No. 3.6 and/or No. 7.
• The customer can reduce or charge up against a claim made by the Boardinghouse with an undisputable or legally binding claim only or is free to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast as well as for all-inclusive arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer must provide evidence that the aforementioned claim did not arise or did not arise in the required amount.

WITHDRAWAL OF THE CUSTOMER (CANCELLATION, ANNULMENT)/ FAILURE TO USE BOARDINGHOUSE SERVICES (NO SHOW)

• The customer can only withdraw from the contract concluded with the Boardinghouse, if a right of withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal exists or if the Boardinghouse gives its explicit consent to the withdrawal. The contractual agreement of a right of withdrawal as well as the consent to withdrawal from the contract shall be in written form.
• Insofar as the Boardinghouse and customer have agreed upon a date for a cost-free with- drawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the Boardinghouse. The customer’s right of withdrawal shall expire, if he does not exercise his right of with- drawal vis-à-vis the Boardinghouse by the agreed deadline.
• The Boardinghouse is entitled to the contractually agreed rate even if the rooms are not used, if a contractual right of withdrawal was not agreed or has expired, a statutory right of withdrawal or cancellation is not given and the Boardinghouse does not give its consent to the cancellation of the contract. The Boardinghouse must credit the income from renting the rooms to other parties as well as for saved expenses. If the rooms are not rented otherwise, the Boardinghouse can demand the contractually agreed rate and assess a lump sum for the saved expenses of the Boardinghouse. In this case, the customer is obligated to pay at least 90 % of the contractually agreed rate for lodging with or without break- fast as well as all-inclusive arrangements with contracted services, 70 % for half- board and 60 % for full-board arrangements. The customer is at liberty to show that the above-mentioned claim was or has not amounted to the demanded sum.

WITHDRAWAL OF THE BOARDINGHOUSE

• Insofar as it was agreed that the customer can withdraw from the contract at no cost within a certain period of time, the Boardinghouse is entitled for its part to withdraw from the contract during this period of time if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by the Boardinghouse with a reasonable deadline set, does not waive his right of cancellation.
• If an agreed advance payment or an advance payment or a security demanded pursuant to No. 3.6 and/or No. 3.7 is not made even after a reasonable grace period set by the Boardinghouse has expired, then the Boardinghouse is likewise entitled to withdraw from the contract.

Moreover, the Boardinghouse is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if:

• force majeure or other circumstances beyond the Boardinghouse’s control render the fulfillment of the contract impossible;
• rooms or spaces are reserved with culpably misleading or false information or concealment regarding essential facts; the identity or solvency of the customer or the purpose of his stay can constitute essential facts.
• the Boardinghouse has justified cause to believe that use of the Boardinghouse’s services might endanger the smooth operation of the Boardinghouse, its security or public reputation, without being attributable to the Boardinghouse’s sphere of control or organization.
• the purpose or the cause of the stay is illegal.
• there is a breach of the above-mentioned No. 2

The justified withdrawal by the Boardinghouse constitutes no claims for damages for the customer.
 

ROOM AVAILABILITY, DELIVERY AND RETURN

• The customer does not acquire the right to be provided specific rooms insofar as this is not expressly appointed.
• Reserved rooms are available to the customer starting at 3:00 p.m. on the agreed arrival date. The customer does not have the right to earlier check-In.
• Rooms must be vacated and made available to the Boardinghouse no later than 11:00 noon on the agreed departure date. After that time, on the grounds of the delayed vacat- ing of the room for use exceeding the contractual time, the Boardinghouse may charge 50 % of the full accommodation rate (list price) for the additional use of the room until 3:00 p.m., after 3:00 the Boardinghouse may charge 90 % of the full accommodation rate (list price). Contractual claims of the customer shall not be established hereby. The customer is at liberty to prove that the Boardinghouse has no or a much lower claim for charges for use of the accomodation.

LIABILITY OF THE BOARDINGHOUSE

• The Boardinghouse is liable for harm inflicted on life, limb and physical health. Further it is liable for other damage caused with full intent or gross negligence or due to inten- tional or grossly negligent violation of obligations typical for the contract. A breach of obligation of the Boardinghouse is deemed to be the equivalent to a breach of a statutory rep- resentative or vicarious agent. All other claims for damages are excluded, if not de- termined differently in this No. 7. Should disruptions or defects in the performance of the Boardinghouse occur, the Boardinghouse shall act to remedy such upon knowledge thereof or upon objection by the customer made without undue delay. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.
• The Boardinghouse is liable to the customer for property brought into the Boardinghouse in accordance with the statutory provisions. It recommends the use of the Boardinghouse or room safe. If the guest wishes to bring with him money, securities, stocks, bonds or valuables with a value of more than 800 EUR or other things with a value of more than 3500 EUR, a separate safekeeping agreement is required.
• Insofar as a parking space is provided to the customer in the Boardinghouse garage or a Boardinghouse parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. The Boardinghouse only assumes liability for loss of or damage to motor vehicles parked or manoeuvred on the Boardinghouse’s property and the contents thereof only pursuant to the preceding No. 7.1.
• Wake-up calls are carried out by the Boardinghouse with the greatest possible diligence.
• Messages, mail, and merchandise deliveries for guests shall be handled with care. The Boardinghouse will deliver, hold, and, for a fee, forward such items (on request). The hotel only assumes liability according to the preceding No. 7.

FINAL PROVISIONS

• Amendments and supplements to the contract, the acceptance of offers or these general terms and conditions should be made in written form. Unilateral amendments or supplements by the customer are not legally valid.
• For commercial transactions the place of performance and payment as well as, in the event of litigation, including disputes for checks and bills of exchange, the exclu- sive court of jurisdiction is at WaldBoardinghouse Stuttgart GmbH, Guts-Muths-Weg 18, 70597 Stuttgart-Degerloch. Insofar as a contracting party fulfills the requirements of section 38, para. 2 of the German Code of Civil Procedure (ZPO) and does not have a place of general jurisdiction within the country, the courts at WaldBoardinghouse Stuttgart GmbH, Guts-Muths-Weg 18, 70597 Stuttgart-Degerloch shall have exclusive jurisdiction.
• The contract is governed by and shall be construed in accordance with German law. The application of the UN Convention on the International Sale of Goods and Con- flict Law are ?????????????????
• Should individual provisions of these general terms and conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be ?????????????????? valid ?

! IMPORTANT !
The German version of our Terms & Conditions takes precedence over the English version. In case of doubt, the German version shall be taken as reference.

 
MERI BOARDING GROUP GMBH
Flamingoweg 70
D-70378 Stuttgart
Phone: 0 711-54 89 84-0
E-Mail: info@meri-boarding.de