Conditions for Hosting Services
(adapted and slightly changed version of the german AGB)
- §1 Conclusion of the hosting contract
- The hosting contract is concluded bindingly, as an accommodation has been ordered and confirmed or granted shortly.
- The booking can be submitted orally, in written terms, via phone, fax or e-mail. It is in the best interest of both parties to submit the booking in a written way.
- The guest hands in all the booking details for all guests that shall be included in the booking. The booking guest in person is in charge of the contract details of all the persons that are included in the booking, but only if he declares to be responsible thus far.
- This hosting contract is applicable for direct bookings, as well as for online bookings via our website (www.gut-mischenried.de) and booking platforms. It is valid in addition to all clauses, that can not be found elsewhere.
- §2 Services, prices and payment
- All services, due to be fulfilled by the hosting company can be found in the booking offer, in addition to the information that can be found on our homepage or the booking platform that has been used.
- The prices named in our pricing lists contain all costs and taxes, if nothing else is stated. Additionally, the first set of bed linen and towels is contained in the prices named. Additional costs that have to be payed for, will be charged for leisure activities and rental services. If the parties of this contract have agreed on extra services that can be used by the guest as he wishes, these services will be charged seperately.
- The total amount is due to be payed within 14 days after the reservation has taken place.
- If the guest fails to proceed with is payment within the time period named above, the hosting company bears the right to withdraw from the contract, if the guest has been reminded to pay but still not finished the payment. In this case, the guest can be charged in the way section 5 No. 3 of this contract states.
- Charging fees for additional services are to be payed on the date of the arrival of the guest, unless something else has been agreed on.
If the parties of this contract should have agreed on a deposit, the guest will pay an amount of 300 EURO to the hosting company. This deposit is due to be payed on arrival when the keys are handed out to the client. Interest rates will not be charged. The deposit will be payed back to the client, once he has returned the keys and under the condition that the rented rooms have remained without damage.
- The hosting company grants access to the rented rooms on arrival date as of 3 p.m. The guest needs to inform the hosting company if he should be arriving later than 6 p.m. If the guest does not inform his contract partner, he is entitled to book in another guest, starting from two hours after the announced arrival time, if the booking has been made for a one nights stay or after noon on the follow-up day, if the booking contains more than one nights.
- On departure day, the guest will give back the keys to his rental appartment by 10 a.m. clean swept.
- §5 Withdrawal from the contract
- The conclusion of this hosting contract is binding for both parties. The hosting company does not grant the right to withdraw from it without the guest being charged for that.
- Should the guest claim a withdrawal nonetheless, he is obliged to pay the amount that the parties of this contract have agreed on, regardless at what time and for what reason the claim is raised. Despite his obligation to pay, the hosting company has to subtract expenses that could be safed due to the withdrawal. If it is possible for him to make such savings, he is also obliged to do so in the best interest of his contract partner.
- The percentages of saved expenses are over-simplified as follows:Withdrawal takes place until 30 days in advance of the booked arrival date: 50 percent of the booking price.
Withdrawal takes place until 14 days in advance of the booked arrival date: 75 percent of the booking price.
After that and in case the guest should not appear on the arrival day: 100 percent of the booking price.
- The hosting company needs to do his best to find a replacement booking, following utmost good faith. All wins out of such a replacement booking will be subtracted from the punitive damage name above, that the guest will need to pay.
- It is allowed to the guest to proove that the housing company did not suffer from a loss or that the actual loss has been lower than the payment he has to complete.
- The withdrawal needs to be addressed to the hosting company and should be in written form.
- The hosting company strongly recommends to agree on a contract with an insurance company that will cover the costs of withdrawal.
- There is no right to cancel the agreement foreseen.
- Nonewithstanding, both parties of the contract may agree on the termination of the contract, based on sections 543 and 569 BGB. In this case they need to refer to a an important reason.
- Generally speaking, such a reason is fulfilled for the hosting company especially, if the guest breaches the rules of this contract or disobeys the housing rules. In case of a major breach of contract, the hosting company needs to set up a time limit for the guest to give him the opportunity to take remedial action. A time limit is not needed, if it is clear that it will not be successful. In this case, the hosting company can claim a financial compensation (§ 5 paragraphs 2 and 3).
- In addition to that, the hosting company may withdraw from the contract or cancel it, if the guest should not tranfer due payments in time, despite having received a notice in advance. In this case, the hosting company can claim a financial compensation (§ 5 paragraphs 2 and 3).
- A major reason for the cancellation by the guest would especially be for the hosting company not to grant him access to his accomodation in the way that has been agreed on.
- If the guest cancels the contract, this will be valid for all persons accompanying him on his travel.
- Additionally, all sections in the BGB, concerning cancellation are valid in this contract as well.
- The hosting company is to be held liable for the completion of the contract and its contents he has agreed on with the guest.
- If there should be a defect in the accomodation, that reaches beyond discomfort, the guest must inform the hosting company immediately, in order to give the opportunity to solve the problem. If he should not inform the host, he may not claim fulfillment of the contract or a compensation afterwards.
- The liability of the hosting company for physical injuries is limited to the threefold price that has been agreed on for the sevices in the contract, unless he has disobeyed his duties in an intentional or a grossly negligent way. The same is applicable in situations, when a damage has been caused by an agent of the host or his assistant.
- The host´s liability for a guest´s personal belongings follows the rules of the BGB (§§ 701 and the following BGB).
- The host is not to be held responsible for impairments of performance that occur in additional services he might have conveyed a contact for the guest but is not the partner in contract with, such as leisure or sports activities.
- The guest is obliged to handle accomodation and its interior with care. He is to be held liable financially for damages of the accomodation itself, interior or the building that he or his accompanying persons are responsible for.
- Damages that have occured, need to be reported to the hosting company right away, unless the guest can remove them right away. If a damage should enlarge because the guest did not report it immediately, he is to be held responsible for further financial compensation.
- It is strictly forbidden to throw waste, ashes, tampons, sanitary pads or items alike into the sink or the toilet or to flush down dangerous fluids. If the drain should get clogged due to disobedience, the costs of repair will be charged on the person in charge of the clogging.
- The guest is obliged to make his best contribution to solve any occurring problem and to keep possible damages as low as possible.
- The guest will not use the accomodation with more persons than have been announced in the contract. The negligence of this rule can lead to an immediate cancellation of the contract by the hosting company. In this case, the guest will still be obliged to pay the price that has been agreed upon in the contract, including fees for catering or meals (§ 5 section 2). Nonewithstanding, the hosting company has to take into account any charges and expenses that could be saved, because of the early termination of the contract.
- The guest is not allowed to offer his accomodation for rent or grant access to it to persons not involved in this contract and charge them for that.
- §10 Terms and conditions for the usage of the internet access
The usage of the Wi-Fi connection that the hosting company provides is free for guests and their fellow travellers. The access code will have a time limit according to the duration of the guest´s stay. The access to the internet is a service that may be terminated at any point of time.
- It is not allowed for the guest to grant access to persons not involved in this contract.
- The host may blacklist certain web sites and ports on the connection he offers, in order to prevent misuse.
- The guest is to be held responsible for all data that are transferred, all costs arised and all contracts that are concluded via his internet connection by himself or the persons included in his booking.
- The host is not to be held responsible for claims of others that are raised following a misuse of the internet connection by the guest or his fellow travellers. The guest will bear all costs that are linked to such illigal actions.
- The guest and his fellow travellers are obliged to obey applicable law and rules. The following restrictions have to be taken into account additionally:
- It is forbidden to use or share contents that is illegal or against public policy.
- It is forbidden to violate copyright and share or use goods that are protected as such.
- The rules of youth protection have to be taken into account at alle times.
- Harassing, aspersive or threatening contents as well as spam e-mail and all kinds of inadmissible advertisements may not be spread.
Pets, especially dogs, cats and the like are allowed in the accommodation only if allowed in advance. This allowance is strictly limited to the appartments called „apple“ and „beech tree“ and can be withdrawn, if problems should occur. The guest will be held reliable for all kinds of damages that can be linked to his pet, limited by written codexes only.
Dogs need to be guided on a leash while being outside the accommodation at any time.
All mutual claims of the parties in this contract may be limited in time according to the legislation of the German Bürgerliches Gesetzbuch (BGB).
- §13 Choice of Law and Place of Jurisdiction
- Solely German Law is applicable.
- The Place of law for all legal suits of the guest against the hosting company solely lies in the place of Jurisdiction where the hosting company is located at.
- If the hosting company should raise court action against businesses, legal entities of public or private law, persons that are not located in Germany or have changed their residency after the contract has been signed, the parties of this contract agree upon the residence place of the hosting company as the only place of jurisdiction applicable.