1. GENERAL TERMS AND CONDITIONS FOR THE ACCOMMODATION CONTRACT
2. SCOPE OF APPLICATION
2.1. These terms and conditions apply to contracts (accommodation contract) for the rental of rooms for a limited period of time for accommodation as well as all other deliveries and services provided for the guest in this context by RBV Rainer Breuer Vermögensverwaltung KG. The term "accommodation contract" includes and replaces the following terms:
Hotel accommodation, guest accommodation, hotel, hotel room contract.
2.2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of RBV Rainer Breuer Vermögensverwaltung KG, whereby § 540 paragraph 1 sentence 2 BGB is waived if the guest is not a consumer within the meaning of § 13 BGB is.
2.3. General terms and conditions of the guest only apply if this has been expressly agreed in writing between the parties beforehand.
3. CONCLUSION OF CONTRACT - PARTNERS, STATUTE OF LIMITATIONS
3.1. The contractual partners are RBV Rainer Breuer Vermögensverwaltung KG, represented by the managing director, Mr. Rainer Breuer, who is the sole authorized representative, and the guest. The contract is concluded when RBV Rainer Breuer Vermögensverwaltung KG accepts the guest’s application. RBV Rainer Breuer Vermögensverwaltung KG is free to confirm the room booking in writing.
3.2. All claims against RBV Rainer Breuer Vermögensverwaltung KG expire one year after the start of the statutory limitation period. This does not apply to claims for damages or other claims if the latter are based on an intentional or grossly negligent breach of duty by the hostel.
4. SERVICES, PRICES, PAYMENT, OFFSET
4.1. RBV Rainer Breuer Vermögensverwaltung KG is obliged to keep the rooms booked by the guest available and to provide the agreed services.
4.2. The guest is obliged to pay the agreed or applicable prices of RBV Rainer Breuer Vermögensverwaltung KG for the use of the room and the other services used. This also applies to services commissioned by the guest directly or through RBV Rainer Breuer Vermögensverwaltung KG, which are provided by third parties and disbursed by RBV Rainer Breuer Vermögensverwaltung KG.
4.3. The agreed prices include the taxes and local duties applicable at the time the contract is concluded. Not included are local taxes, which are owed by the guest himself according to the respective municipal law, such as visitor's tax. In the event of a change in the statutory sales tax or the introduction, change or abolition of local taxes on the service object after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
4.4. RBV Rainer Breuer Vermögensverwaltung KG can make its consent to a subsequent reduction in the number of rooms booked, the service provided by RBV Rainer Breuer Vermögensverwaltung KG or the length of stay of the guest dependent on the price for the rooms and/or for increases the other services of RBV Rainer Breuer Vermögensverwaltung KG appropriately.
4.5. Invoices from RBV Rainer Breuer Vermögensverwaltung KG are due for payment immediately upon receipt without deduction. If payment on target has been agreed, payment is due - unless otherwise agreed - within ten days of receipt of the invoice without deduction.
4.6. RBV Rainer Breuer Vermögensverwaltung KG is entitled to demand a reasonable advance payment or security, for example in the form of a credit card guarantee, from the guest upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. If the guest is in default of payment, the statutory regulations apply.
4.7. In justified cases, e.g. if the guest is in arrears with payment or if the scope of the contract is extended, RBV Rainer Breuer Vermögensverwaltung KG is entitled to make an advance payment or security deposit within the meaning of Section 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the start of the stay, even after the contract has been concluded up to the full agreed remuneration.
4.8. RBV Rainer Breuer Vermögensverwaltung KG is also entitled to demand a reasonable advance payment or security deposit within the meaning of Section 3.6 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such has not already been provided in accordance with Section 3.6 and/or above. or Clause 3.7 has been provided.
4.9. The guest can only offset or set off against a claim of RBV Rainer Breuer Vermögensverwaltung KG with an undisputed or legally binding claim.
4.10. The guest agrees that the invoice can be sent to him electronically.
5. WITHDRAWAL BY THE GUEST (CANCELLATION, CANCELLATION), FAILURE TO USE THE SERVICES (NO SHOW)
5.1. The guest can only withdraw from the contract concluded with RBV Rainer Breuer Vermögensverwaltung KG if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists or if RBV Rainer Breuer Vermögensverwaltung KG expressly agrees to the cancellation of the contract.
5.2. If an appointment is made between RBV Rainer Breuer Vermögensverwaltung KG and the guest free withdrawal from the contract was agreed, the guest can withdraw from the contract until then without triggering payment or damage claims of RBV Rainer Breuer Vermögensverwaltung KG.
5.3. If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if RBV Rainer Breuer Vermögensverwaltung KG does not agree to a contract cancellation, RBV Rainer Breuer Vermögensverwaltung KG retains the right to the agreed remuneration despite non-use of the service. RBV Rainer Breuer Vermögensverwaltung KG will offset the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented to someone else, RBV Rainer Breuer Vermögensverwaltung KG can make a flat-rate deduction for saved expenses. In this case, the guest is obliged to pay 90% of the contractually agreed price for overnight accommodation. The guest is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
6. WITHDRAWAL OF RBV RAINER BREUER WEALTH MANAGEMENT KG
6.1. If it has been agreed that the guest can withdraw from the contract free of charge within a certain period of time, RBV Rainer Breuer Vermögensverwaltung KG is entitled to withdraw from the contract during this period if there are inquiries from other guests about the contractually booked rooms and the guest, upon inquiry by the RBV Rainer Breuer Vermögensverwaltung KG does not waive its right to withdraw after setting a reasonable deadline. This applies accordingly if an option is granted if there are other inquiries and the guest is not ready to make a firm booking after asking RBV Rainer Breuer Vermögensverwaltung KG after setting a reasonable deadline.
6.2. If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and/or Section 3.7 is not made even after a reasonable grace period set by RBV Rainer Breuer Vermögensverwaltung KG has expired, RBV Rainer Breuer Vermögensverwaltung KG is also entitled to withdraw from the contract.
6.3. Furthermore, RBV Rainer Breuer Vermögensverwaltung KG is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, in particular if
- force majeure or other circumstances for which RBV Rainer Breuer Vermögensverwaltung KG is not responsible make it impossible to fulfill the contract;
- rooms or rooms are culpably booked with misleading or false information or with the concealment of essential facts; the identity of the guest, the ability to pay or the purpose of the stay;
- RBV Rainer Breuer Vermögensverwaltung KG has reasonable grounds to assume that the use of the service could jeopardize the smooth running of business, the security or the reputation of RBV Rainer Breuer Vermögensverwaltung KG in public without this being within the control or organizational area of the is attributable to RBV Rainer Breuer Vermögensverwaltung KG;
- the purpose or reason for the stay is illegal;
- there is a violation of the above clause 1.2;
6.4. The justified withdrawal of RBV Rainer Breuer Vermögensverwaltung KG does not justify the guest's claim for damages.
7. ROOM AVAILABILITY, DELIVERY AND RETURN
7.1. The guest does not acquire any right to the provision of specific rooms unless this has been expressly agreed in writing.
7.2. Booked rooms are available to the guest from 3 p.m. on the agreed day of arrival. The guest has no right to earlier provision.
7.3. On the agreed departure date, the rooms must be vacated and made available to RBV Rainer Breuer Vermögensverwaltung KG by 12 noon at the latest. After that, RBV Rainer Breuer Vermögensverwaltung KG can charge 50% of the full accommodation price (price according to the price list) due to the delayed clearing of the room for its contractual use up to 6:00 p.m. and 90% from 6:00 p.m. This does not justify contractual claims of the guest. He is free to prove that RBV Rainer Breuer Vermögensverwaltung KG has no or a significantly lower claim for usage fee.
8. LIABILITY OF RBV RAINER BREUER WEALTH MANAGEMENT KG
8.1. RBV Rainer Breuer Vermögensverwaltung KG is liable for damage to life, limb or health for which it is responsible. Furthermore, it is liable for other damages based on an intentional or grossly negligent breach of duty by RBV Rainer Breuer Vermögensverwaltung KG or on an intentional or negligent breach of typical contractual obligations on the part of RBV Rainer Breuer Vermögensverwaltung KG. Typical contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on the fulfillment of which the guest relies and may rely. A breach of duty by RBV Rainer Breuer Vermögensverwaltung KG is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this clause 7. If disruptions or defects in the services of RBV Rainer Breuer Vermögensverwaltung KG occur, RBV Rainer Breuer Vermögensverwaltung KG will endeavor to remedy the situation if it becomes aware of it or if the guest complains immediately. The guest is obliged to do what is reasonable for him to remedy the disruption and to minimize possible damage.
8.2. RBV Rainer Breuer Vermögensverwaltung KG is liable to the guest for items brought in in accordance with the statutory provisions.
8.3. If the guest is provided with a parking space in the parking areas of RBV Rainer Breuer Vermögensverwaltung KG, even for a fee, this does not result in a custody agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the property of RBV Rainer Breuer Vermögensverwaltung KG and their contents, RBV Rainer Breuer Vermögensverwaltung KG shall only be liable in accordance with the above clause 7.1, sentences 1 to 4.
8.4. RBV Rainer Breuer Vermögensverwaltung KG does not carry out wake-up orders.
8.5. RBV Rainer Breuer Vermögensverwaltung KG does not accept or store messages and mail for guests. Likewise will by RBV Rainer Breuer Vermögensverwaltung KG no forwarding of mail and consignments of goods accepted.
9. FINAL PROVISIONS
9.1. Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions are only effective in writing. Unilateral changes or additions are invalid.
9.2. The place of fulfillment and payment as well as the exclusive place of jurisdiction - also for disputes over checks and bills of exchange - is Lutherstadt Wittenberg in commercial transactions. If the guest meets the requirements of § 38 paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is Lutherstadt Wittenberg.
9.3. German law applies. The application of the UN sales law is excluded.