TERMS & CONDITIONS
1. General terms and conditions for services of HOME FOR TIMES Apartments
The General Terms and Conditions - hereinafter referred to as "GTC" - are an integral part of contracts with the operator Jürgen Janke, Am Weilerhof 7, 63762 Großostheim, Germany - hereinafter referred to as "HOME FOR TIMES" - concerning the rental of premises (apartments) for accommodation, as well as all other services provided for the customer in the apartment house HOME FOR TIMES.
The General Terms and Conditions shall apply to natural or legal persons who, when placing an order, act in the exercise of their commercial or independent professional activity (entrepreneurs) - hereinafter referred to as the "Customer" - and natural persons (consumers).
The prices stated in the current HOME FOR TIMES price list shall apply - insofar as these GTC or individual contractual agreements, in particular the written rental contract or the booking confirmation, do not deviate from them. By accepting these conditions without objection, the customer declares that he agrees exclusively to their validity for the contractual relationship.
The prior written consent of HOME FOR TIMES is required if the rooms are to be sublet, rented or used for purposes other than accommodation (whereby § 540 sentence 1 sentence 2 BGB applies), unless the customer is a consumer.
The authoritativeness of deviating general terms and conditions of the customer is herewith also contradicted in the event that they are transmitted to HOME FOR TIMES -Apartments in letters of confirmation or in any other way.
2. Conclusion of contract and contracting party
The booking confirmation by HOME FOR TIMES constitutes a contract with the customer; alternatively, the contract is concluded with the provision of the rooms or other services (e.g. if booking confirmation is no longer possible due to time constraints). Verbal booking confirmations are also considered firm bookings.
HOME FOR TIMES and the customer are contractual partners. If a third party has ordered for the customer, he shall be liable to HOME FOR TIMES together with the customer as joint and several debtor for all obligations arising from the concluded contract.
If the content of the booking confirmation differs from the content of the booking request, the content of the booking confirmation shall become part of the contract at the latest upon acceptance of the services, unless the customer objects immediately upon receipt thereof.
3. Payment, services, prices, offsetting
All agreed prices include the respective statutory value added tax.
Prices may be changed by HOME FOR TIMES if the customer subsequently requests (and HOME FOR TIMES agrees to) a change in the number of rooms booked, the service provided or the length of stay of the guests.
The first month's rent and the deposit must be paid into the Homefortimes account before the apartment is occupied. Otherwise it is not possible to move in.
The recipient of the invoice is the person/institution named here as the tenant.
The rent must be paid immediately after invoicing and is due without deduction. The terms of payment stated in the invoice must be adhered to.
In the event of default in payment, HOME FOR TIMES shall be entitled to demand the applicable statutory default interest or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. HOME FOR TIMES reserves the right to prove higher damages.
HOME FOR TIMES may charge a reminder fee of up to € 25.00 for each reminder after default has occurred, depending on the reminder level.
It is the customer's obligation to pay HOME FOR TIMES the applicable or agreed prices for the provision of rooms and other services used by him. This also applies to the services and expenses of HOME FOR TIMES to third parties arranged by the customer.
Registration for television and radio equipment made available is the responsibility of the lessee, as these are longer-term rentals.
It is the obligation of HOME FOR TIMES to keep the rooms booked by the customer available and to provide the agreed services.
HOME FOR TIMES is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing or verbally in the contract.
The customer may only offset or reduce a claim of the HOME FOR TIMES Apartmenthaus with an undisputed or legally binding claim.
4. Provision of the room, room handover and room return
The customer does not acquire any right to the provision of certain rooms or premises.
Booked apartments are available to the customer from 1 p.m. on the agreed arrival day. The customer is not entitled to earlier availability.
On the agreed day of departure, the apartments must be vacated by HOME FOR TIMES by 11.00 a.m. at the latest, swept clean and made available and all keys handed over must be returned to the landlord.
5. Withdrawal of the client / non-use of services
If the booking is cancelled up to 14 days before arrival, 80% of the agreed rental price is due for a maximum of 6 weeks; if the booking is cancelled 14 days or less before arrival, the full rental price is due for a maximum of 6 weeks. Cancellations must always be made in writing.
The period of notice is 6 weeks from the beginning of the service provision (i.e. from the official start of the contract and/or from the date of the completed move-in).
For booked services or rooms rented under an accommodation contract, the agreed fee shall also be payable if the booking is cancelled after expiry of the periods specified under 4.1, the customer does not appear or appears later or departs earlier, cf. § 552 BGB (German Civil Code).
6. Withdrawal of HOME FOR TIMES
If the customer's right to withdraw free of charge within a certain period has been agreed in writing, HOME FOR TIMES shall be entitled to withdraw from the contract during this period if there are inquiries from other customers about the rooms booked under the contract and the customer does not waive his right to withdraw from the contract if HOME FOR TIMES queries the customer.
If an agreed advance payment or one requested in accordance with clause 3.6 above is not made even after a reasonable grace period set by the hotel has expired, HOME FOR TIMES shall also be entitled to withdraw from the contract.
Both contractual partners shall be entitled to terminate the contract without notice if there is an important reason of which they only became aware after conclusion of the contract. An important reason, which entitles HOME FOR TIMES to extraordinary termination, exists in particular if
6.3.1 the customer culpably breaches an essential contractual obligation incumbent upon him or fails to meet his obligation to pay an agreed advance payment or other claim, despite due date and reminder
6.3.2 insolvency or composition proceedings are instituted against the customer's assets, a corresponding application to open insolvency proceedings is rejected for lack of assets or the customer has made an affidavit in lieu of an oath
6.3.3 HOME FOR TIMES has good reason to believe that the use of the contractual service may jeopardise the smooth operation of the business, the security or the public reputation of HOME FOR TIMES.
6.3.4 Claims for damages by the customer shall be excluded insofar as the customer is responsible for the important reason.
6.3.5 HOME FOR TIMES rents the house to a general or anchor tenant.
HOME FOR TIMES shall be liable for the obligations arising from the contract with the diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages from injury to life, body or health, if HOME FOR TIMES is responsible for the breach of duty, other damages which are based on an intentional or grossly negligent breach of duty by HOME FOR TIMES and damages which are based on an intentional or negligent breach of typical contractual obligations by HOME FOR TIMES. A breach of duty on the part of HOME FOR TIMES shall be equivalent to that of a legal representative or vicarious agent. Should disruptions or defects occur in the services of HOME FOR TIMES, HOME FOR TIMES shall endeavour to remedy the situation if it becomes aware of such disruptions or defects or if the customer notifies HOME FOR TIMES without delay. The customer is obliged to make all reasonable efforts to remedy the defect and to keep any possible damage to a minimum.
If the customer is provided with a parking space on a hotel/guesthouse parking space by HOME FOR TIMES, even for a fee, this does not constitute a custody agreement. HOME FOR TIMES shall not be liable for loss of or damage to motor vehicles parked or manoeuvred by HOME FOR TIMES on the hotel/guesthouse property and their contents, except in the case of intent or gross negligence. The above number 1 sentences 2 to 4 shall apply mutatis mutandis.
8. Data protection
HOME FOR TIMES collects, processes and uses personal data only to the extent necessary for the conclusion, performance and settlement of contracts. This personal data primarily includes the surname, first name or company name of the customer as well as the address (street and house number or P.O. box, postal code, city).
The aforementioned personal data will be used to draw up the contracts, to provide the service (provision of premises in the apartment building for accommodation or events) as well as any ancillary services (e.g. catering) and to account for the consideration (payment) and, if necessary, to enforce.
Personal data will not be passed on to third parties unless this is necessary for the purpose of fulfilling or processing the contracts, in particular in the area of collection, or the person concerned has expressly consented.
9. Other provisions
Oral collateral agreements as well as the exclusion, amendment and/or supplementation of these conditions require the express written confirmation of HOME FOR TIMES in order to be effective. This also applies to the waiver of this written form requirement.
The assignment of rights by the customer requires the prior written consent of HOME FOR TIMES. The existence of the contract is not affected by the invalidity of individual provisions of these GTC, other contractual conditions or by any loopholes. An invalid provision or loophole shall be replaced or filled by a valid provision which corresponds as closely as possible to the meaning and purpose of the invalid provision and the remaining provisions of the contract.
Exclusive place of jurisdiction - also for cheque and bill disputes - is Oberursel in commercial transactions, provided that a contractual partner has no general place of jurisdiction in Germany, Wiesbaden shall be the place of jurisdiction.
German law shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions is excluded.
Furthermore, the following provisions apply to the use of the rental object:
The landlord has the right to assign the tenant another apartment in the house at any time, should this be necessary. The lessee hereby declares his agreement.
W-LAN Internet access: no guarantee for technical failures due to external provider
The lessee undertakes to use the media accesses made available to him, in particular the Internet, only within the framework of legally permissible use. In particular, the lessee is prohibited from violating the data protection or copyrights of third parties (especially through illegal file sharing or downloading of protected files). Should the lessee violate copyright laws (e.g. illegal downloads), the lessor reserves the right to claim damages.
In the case of a rental period of more than two months, the landlord is entitled to terminate the rental agreement with a notice period of one month to the end of the month, without there being any reason for termination in the sense of § 573 BGB needs.
Alternatively, the landlord offers the tenant an apartment in another HOME FOR TIMES apartment building at the same price.
The tenant may use the rental object only for the purposes specified in the contract.
The lessee is not entitled to sublet or transfer the use of the rental object (also free of charge) to third parties.
Overnight stays by third parties are only permitted after consultation with the landlord.
The keeping of animals is prohibited.
Smoking is absolutely forbidden in the property and in the apartments.
The kitchenette in each apartment is intended for warming up food or preparing small meals. Sufficient ventilation must be ensured. The intensive frying and deep-frying of food and the use of strongly odor-forming ingredients are prohibited.
An offence against these regulations entitles the landlord after unsuccessful warning to the extraordinary cancellation without notice. In addition, the tenant will be charged the cleaning/renovation of the apartment (usually 450 euros) if the smoking ban and the regulations for the use of the kitchenette are violated.
The following provisions apply to the maintenance of the rental object:
The tenant undertakes to treat the rental object and the rooms, facilities and installations intended for communal use with care and care. The tenant shall ensure adequate ventilation and heating of the apartment provided to him.
The tenant shall ensure adequate ventilation of the apartment (3 x daily 10-minute airing).
The tenant is responsible for immediately notifying the landlord of blockages in the sewage pipes/outflows. In the event of non-compliance, the lessee shall be liable for corresponding damages.
If there is a not only insignificant defect in the rental object or if precautions are required to protect the rental object or the object or property against an unforeseen risk, the lessee must notify the Lessor immediately.
The tenant is liable for damages caused by culpable violation of the duty of care and notification incumbent upon him, especially if technical equipment and other facilities are improperly handled, the apartment is inadequately ventilated, heated or protected against frost. In this respect the tenant is also liable for the fault of third persons who are in the apartment with his will or visit him. The lessee must prove that there was no fault if it is established that the cause of the damage lies within the spatially subject-matter delimited by the use of the rental object.
10. Statute of limitations
All claims against HOME FOR TIMES shall be subject to a limitation period of one year from the beginning of the knowledge-dependent, regular limitation period of § 199 Para. 1 BGB (German Civil Code). Claims for damages shall become statute-barred after five years irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by HOME FOR TIMES.