1. SCOPE OF APPLICATION & CONTRACTUAL PARTNERS
1.These General Terms and Conditions, hereinafter referred to as GTC, shall apply to all contracts for the rental of apartments and apartments for accommodation concluded between BROCKHEUS OHG and third parties (Guest), as well as to all other services and supplies provided by the aforementioned companies.
2. The contractual partner of the guest in Germany is BROCKHEUS OHG.
3. The customer's general terms and conditions shall only apply if this has been expressly agreed in advance in text form.
2. RESERVATIONS/BOOKING
1. By making a reservation/booking, the guest offers to enter into an accommodation contract. If the apartment booked is available, the guest will receive a reservation/booking confirmation from BROCKHEUS OHG. This confirmation concludes an accommodation contract between BROCKHEUS OHG and the guest.
2.Offers made by BROCKHEUS OHG with regard to available apartments are subject to change and non-binding. BROCKHEUS OHG is free to refuse the conclusion of an accommodation contract at its own discretion.
3.If the guest books only one category in an offered property, the guest shall not be entitled to claim the accommodation service in a specific apartment/unit. BROCKHEUS OHG reserves the right to impose customary restrictions such as minimum stays, booking guarantees or deposits for certain travel dates.
3. CANCELLATION DEADLINES/CANCELLATION BY THE CUSTOMER/NON-UTILIZATION OF SERVICES
1. A guaranteed reservation exists only after the guest has made payment to BROCKHEUS OHG. This can be cancelled by the guest free of charge in accordance with the stated cancellation conditions and cancellation deadlines, stating the relevant reservation number.
If a right of cancellation has not been agreed or has already expired (expiry of free cancellation period), there is also no statutory right of cancellation or termination and BROCKHEUS OHG does not agree to a cancellation of the contract, BROCKHEUS OHG retains the right to the agreed remuneration despite non-utilization of the service or late cancellation. BROCKHEUS OHG shall take into account any income from renting the rooms to other parties and any expenses saved. If the rooms are not rented to other parties, BROCKHEUS OHG may make a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay 90% of the contractually agreed price for overnight accommodation. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed. In addition, in the case of non-appearance of the guest in the case of reservations guaranteed for several days, all further nights from the first night will be canceled and the guest has no claim to the following nights.
2. In case of reservations on the day of arrival the guest has to make the payment according to §5 for the stay immediately, as a rule within one hour.
4. OVERNIGHT RATES & OTHER PRICES
1. The prices shown by BROCKHEUS OHG at the time of conclusion of the contract shall apply. Applicable and stated prices are gross and include all statutory taxes, fees and charges. Local taxes owed by the guest, such as visitor's tax, are not included.
5. TERMS OF PAYMENT & INVOICE
1. The price for the overnight service booked by the guest is always to be paid in advance by the guest.
2. A set-off by the guest is excluded, unless the set-off concerns an undisputed or legally established claim.
3. Accepted means of payment are MasterCard, Visa, American Express, Sofortüberweisung/Klarna, Paypal or regular bank transfer.
Cash payment is not accepted.
4. BROCKHEUS OHG reserves the right to charge the deposited payment methods with amounts for additional services used or violations of the General Terms and Conditions. The guest expressly authorizes BROCKHEUS OHG to do so.
5. A reservation is accompanied by the guest's consent that the guest receives his invoice as a download or via e-mail.
6. USE OF RESERVED APARTMENTS
1. A reserved apartment is available for the period determined after the booking.
2. The keys, parking passes and/or key cards provided by BROCKHEUS OHG must be returned on the day of departure to BROCKHEUS OHG, to a third party designated by BROCKHEUS OHG or to the storage place in the apartment designated by BROCKHEUS OHG by means of signage and/or message.
In case of loss of a key, a key card or a parking pass as well as in case of non-return of these mentioned items, a fee of 50,00€ will be charged. BROCKHEUS OHG is further entitled to claim further compensation from the guest for the damage caused by this if the damage exceeds 50,00€. This also includes the replacement of the affected locking system if this is necessary for security reasons. The guest has the possibility to prove that BROCKHEUS OHG has suffered less damage or no damage at all. 3.
3. A later departure or earlier arrival (late check-out or early check-in) can be agreed between BROCKHEUS OHG and the guest upon request and subject to availability.
If BROCKHEUS OHG agrees to late check-out / early check-in, BROCKHEUS OHG is entitled to charge a fee for the additional use of the apartment, which is as follows:
Up to 2 hours before regular check-in or after check-out € 15.00
Up to 3 hours before regular check-in or after check-out 25,00 €.
From 4 hours the applicable overnight fee for that day will be charged.
4. If there is no agreement, BROCKHEUS OHG is entitled to charge a penalty fee of 80,00 € for an earlier check-in or later check-out from 2 hours.
If there is no agreement, the guest shall owe compensation for any further damage incurred in addition to the penalty fee. The guest has the option of proving that BROCKHEUS OHG has incurred less damage or no damage at all.
The guest cannot derive a contractual claim to a late check-out or early check-in.
7. TRANSFER, SUBLETTING, USE
1. Subletting or brokering of the booked apartment is prohibited. This includes in particular the subletting of the apartments or apartment contingents to third parties at higher prices than those indicated by BROCKHEUS OHG.
Similarly, the assignment or sale of claims against BROCKHEUS OHG is not permitted.
In these cases BROCKHEUS OHG is entitled to cancel the reservation, especially if the guest has given untrue information about the type of booking or payment to third parties in the case of assignment/sale.
2. The use of the apartments by BROCKHEUS OHG for purposes other than accommodation is expressly prohibited.
In particular, this includes any commercial or illegal use.
Without explicit consent, the use of the apartments for photography or video recording is also prohibited. BROCKHEUS OHG reserves the right to cancel the reservation without refund and to vacate the rental property in the event of use for reasons other than accommodation.
8. LIABILITY OF BROCKHEUS OHG
1. BROCKHEUS OHG shall be liable without limitation for damages for which it is responsible arising from injury to life, limb or health. BROCKHEUS OHG shall also be liable for other damages resulting from an intentional or grossly negligent breach of duty by BROCKHEUS OHG.
In the event of simple negligence, BROCKHEUS OHG shall be liable only and limited to the foreseeable damage typical of the contract, provided that an obligation is breached whose fulfillment makes the proper performance of the contract possible in the first place and on whose fulfillment the guest may rely (cardinal obligation).
A breach of duty by BROCKHEUS OHG shall be deemed equivalent to a breach of duty by its legal representatives, employees or vicarious agents.
Further claims for damages - unless otherwise provided for in these General Terms and Conditions - are excluded.
2. In the event of disruptions or defects in the services of BROCKHEUS OHG, BROCKHEUS OHG shall endeavor to remedy the situation upon immediate complaint by the guest or upon knowledge thereof.
The guest shall also be obligated to contribute what is reasonable in order to remedy the disruption or defect and to minimize any resulting damage.
In addition, the guest is obliged to immediately notify BROCKHEUS OHG of the possibility of high damage.
3. BROCKHEUS OHG shall be liable for any items brought in in accordance with the statutory provisions. Any claim by the guest shall expire if he/she does not notify BROCKHEUS OHG immediately after becoming aware of the loss, destruction or damage, with the exception that a late notification shall have no effect on the clarification of the facts.
In the case of the contribution of funds, valuables or other valuables which exceed a value of 800.00€ or in the case of other items which exceed a value of 3,500.00€, a separate written agreement with BROCKHEUS OHG is required. Otherwise, BROCKHEUS OHG shall not be liable for loss, destruction or damage of these means or items.
4. no custody agreement is concluded if BROCKHEUS OHG provides the guest with a parking space against payment or free of charge. This does not result in any monitoring obligation for BROCKHEUS OHG.
In the event of loss, theft or damage to motor vehicles parked or maneuvered on the property and/or parking space provided by or through BROCKHEUS OHG shall be liable only in the event of intent or gross negligence.
The guest is obliged to report any damage immediately. Obvious damage must be reported in any case before leaving the parking space. BROCKHEUS OHG shall not be liable for any damage caused solely by other guests or other third parties.
5. Any claims against BROCKHEUS OHG shall become statute-barred within one year from the start of the statutory limitation period. This does not apply to claims for damages or other claims arising from injury to life, limb or health and / or due to gross negligence or intentional breach of duty by BROCKHEUS OHG and in the case of violations of a cardinal obligation.
6. BROCKHEUS OHG does not assume any liability for lost property. Excluded is the liability due to intentional or grossly negligent breach of duty by BROCKHEUS OHG. BROCKHEUS OHG undertakes to keep lost property for a period of six months. Afterwards, they will be disposed of.
9. CUSTOMER DATA
1. BROCKHEUS collects and records e-mail addresses and telephone numbers of the guest to ensure communication.Likewise, BROCKHEUS OHG is entitled to request a valid identification document digitally at check-in.For domestic guests this is an identity card or passport, for foreign guests always a passport.
2. If the identity of a guest cannot be clarified beyond doubt due to missing or incorrect documents, BROCKHEUS OHG is entitled to cancel the booking. BROCKHEUS OHG is entitled to cancel the booking of a guest if the identity of a guest cannot be clarified beyond doubt due to missing or false documents.
3. in order to prevent fraudulent and damaging bookings, BROCKHEUS OHG uses software solutions that determine a "fraud prevention score" for each guest using the data requested from the guest (e-mail address, telephone number, credit card data, address) in order to identify fraudulent bookings. BROCKHEUS OHG reserves the right to cancel a booking marked accordingly by the system.
10. TERMINATION OF THE ACCOMMODATION CONTRACT
1. BROCKHEUS OHG reserves the right and is entitled to terminate an accommodation contract for good cause.
In particular, good cause shall be deemed to exist if:
a) force majeure or other circumstances beyond the control of BROCKHEUS OHG make it impossible to fulfill the contract.
b) BROCKHEUS OHG has reasonable grounds to believe that the use of the accommodation service may jeopardize either the smooth running of the business, the safety or the public image of BROCKHEUS OHG and its locations, without this being attributable to the control or organization of BROCKHEUS OHG.
1. c) bookings are culpably made with misleading or false information or concealment of material facts; material facts may include, but are not limited to, the identity of the guest, the ability to pay or the purpose of the stay
2. d) the purpose or reason for the stay is unlawful or serves the purpose of residential prostitution
3. e) In the case of resale or subletting and/or subcontracting (see clause 7).
1. The guest shall have no claim to compensation in the event of justified termination by BROCKHEUS OHG.
2. If BROCKHEUS OHG cancels the contract due to a circumstance for which the guest is responsible or due to a reason in accordance with section 1 above, BROCKHEUS OHG shall also be entitled to cancel or refuse future bookings by the guest, even if these have already been confirmed by BROCKHEUS OHG.
11. SMOKING BAN
1. All apartments of BROCKHEUS OHG are non-smoking apartments. Smoking in the apartments as well as in common areas of BROCKHEUS OHG is strictly prohibited. This also applies to e-cigarettes, shishas, tobacco heaters and similar devices. Smoking on balcony and/or terrace areas is only permitted if the apartment is appropriately marked and the door is closed. In case of violation BROCKHEUS OHG has the right to claim damages from the guest for the separately necessary cleaning costs including possible loss of revenue from a subletting of the apartment not reasonable due to the incident in the amount of at least EUR 250,00. This amount of damages shall nevertheless be set higher if BROCKHEUS OHG proves higher damages. The guest has the possibility to prove that BROCKHEUS OHG has suffered less damage or no damage at all,
1.1Manipulating or blocking emergency exits, fire extinguishers or the fire/house alarm is prohibited. Violations will result in a penalty fee of 150 €.
2. BROCKHEUS OHG is entitled to cancel an active booking with immediate effect and to expel guests from the house if knowledge of violations under points 1 is obtained. There is no right to a refund or partial refund in these cases. The guest has the possibility to prove that BROCKHEUS OHG has suffered less damage or no damage at all.
3. networked smoke detectors, which are directly connected to the control center of the fire department or a security service, may be located in buildings owned by BROCKHEUS OHG. For the intentional or negligent triggering of the fire alarm system (for example, due to the violation of the smoking ban), the guest is fully liable, but at least in the amount of the actual costs incurred (for example, deployment costs fire department or security service).
12. PROHIBITION OF PARTIES AND GATHERINGS
1. in principle, noise in the booked apartment, the common areas of use as well as on the surrounding grounds is to be avoided. Nighttime rest is to be observed from 10 p.m. to 6 a.m. ("quiet hours"), unless other times are specified by the house rules. It is strictly forbidden to hold parties and gatherings in apartments and common areas of BROCKHEUS OHG.
2. In case of violation BROCKHEUS OHG has the right to claim damages from the guest for the separately necessary cleaning costs including possible loss of revenue from a subletting of the apartment not reasonable due to the incident in the amount of EUR 500,00. The right to further damages is not affected by this. The guest shall be entitled to prove that BROCKHEUS OHG has suffered less damage or no damage at all.
13. DAMAGE OR UNAUTHORIZED REMOVAL OF INVENTORY
1. should damage occur during the accommodation beyond the contractual use or inventory is unauthorized removed from the unit, BROCKHEUS OHG is entitled to compensation, which includes in particular the cost of remedying the damage, including any loss of revenue resulting from the impossibility of renting the apartment, legal costs plus a processing fee of 50 € for such a claim. The guest has the possibility to prove that BROCKHEUS OHG has suffered less damage or no damage at all.
14. PETS
1. Bringing (domestic) animals is not allowed in apartments and common areas. Exceptions are guide dogs, deaf dogs and other similar service dogs. These may be brought free of charge and at any time upon presentation of proof. The corresponding proof must be presented independently to BROCKHEUS OHG before check-in.
2. BROCKHEUS OHG is entitled to make further exceptions to the above-mentioned principle. The guest has no right to this. If a pet stays in a unit without permission, BROCKHEUS OHG will charge a flat rate of EUR 150.00 for a special cleaning fee. BROCKHEUS OHG is entitled to cancel an active booking with immediate effect and to expel guests from the house if there are violations of point 1. There is no right to a refund or partial refund in these cases. The guest has the option of proving that BROCKHEUS OHG has incurred less damage or no damage at all.
15. MAINTENANCE
1. By booking an apartment with BROCKHEUS OHG, the guest undertakes to treat the apartment provided and the rooms, facilities and equipment intended for common use with care and consideration, to ensure adequate ventilation and heating and to avoid gross soiling. If there is dirt beyond the usual use during the stay of the guest or even after his departure, BROCKHEUS OHG has the right to charge the guest an additional cleaning fee of at least EUR 50.00 (depending on the condition of the unit). The guest has the right to prove that BROCKHEUS OHG has suffered less damage or none at all,
2. The guest further undertakes to check the furnishings of the apartment for completeness and suitability for use upon moving in and to notify BROCKHEUS OHG immediately of any defects and complaints.
3. The guest shall be liable for all damage to the apartment provided to him, the furnishings and the rooms, facilities and equipment intended for common use, which he or his visitors have culpably caused by use in breach of the contract and which is not attributable to normal wear and tear.The guest shall immediately notify BROCKHEUS OHG of any damage caused to the rented apartment and shall allow BROCKHEUS OHG access to the apartment for this purpose.
4. For bookings of more than 7 nights BROCKHEUS OHG is entitled to perform weekly intermediate cleaning. The guest is obliged to grant access to the apartment for this purpose to the service provider commissioned by BROCKHEUS OHG or employees of BROCKHEUS OHG.
16. INTERNET USE
1. BROCKHEUS OHG shall provide the guest with Internet access within the scope of the existing technical and operational possibilities. Disruptions, for example due to force majeure or maintenance work or the like cannot be excluded.
2. The guest may not misuse the internet connection. An improper use is in particular in the following cases: Download and distribution of copyrighted content via peer-to-peer sharing platforms, illegal streaming offers as well as the posting, retrieval or transmission of content relevant under criminal law (in particular §§ 130, 130a, 131 and 184 StGB). The guest is obligated to observe the copyright, patent, name, trademark and personal rights of third parties when using the service. The guest shall indemnify BROCKHEUS OHG upon first request from all claims and claims for damages of third parties as well as from the costs of legal defense in an appropriate amount, which have been caused by an illegal use of the provided Internet connection by the guest or by third parties with the knowledge of the guest. This right of indemnification covers in particular claims arising from the infringement of copyright, patent, name, trademark and personal rights as well as data protection violations.
3. The guest is prohibited from passing on the access data for the Internet connection from BROCKHEUS OHG to third parties. This also applies to the publication of any access data. In case of infringement, the guest shall be liable to BROCKHEUS OHG for all damages caused by the disclosure of the access data.
4. BROCKHEUS OHG reserves the right to block the guest's Internet connection in the event of legal violations.
17. DATA PROTECTION
1. the privacy policy can be consulted at:
https://brockheus.com/de/dataPrivacy
18. FINAL PROVISIONS
1. changes and additions as well as the cancellation of the accommodation contract, the acceptance of the application or these general terms and conditions require text form. This also applies to the cancellation of this text form clause. Unilateral changes or additions by the guest are ineffective.
2. The place of performance and payment shall be the registered office of the accommodation provider.
3. The exclusive place of jurisdiction for commercial transactions shall be the registered office of the accommodating establishment. If a contracting party fulfills the requirements of § 38 para. 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the accommodating establishment.
4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded. 5.
5. Should any provision of this contract be or become invalid, void or unenforceable, the validity of the remaining provisions shall not be affected thereby. In place of the invalid/void provision, the parties shall agree on a provision which comes as close as possible to the purpose intended by the invalid/void provision. This shall also apply to the filling of any gaps in the contract.
6. The accommodation provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
