Allgemeine Geschäftsbedingungen

I. Area of Application

  1. These terms and conditions apply to agreements for the letting of furnished apartments (accommodation) as well as all goods and services rendered to the guest by the provider Aalen City Boardinghouse (hereafter referred to as Aalen City Boardinghouse). These general terms and conditions are hung, clearly and generally visible in the entrance hall of our building and can be issued to the guest on request.
  2.  

  3. The general terms and conditions of the guest are not applicable, unless a written agreement stating otherwise is existent.

 
II. Conclusion of Agreement and Content of Agreement

  1. The offers made by Aalen City Boardinghouse are always non-binding. An agreement can only take effect through acceptance by Aalen City Boardinghouse. The guest receives a written confirmation with the sending of the signed agreement and the inventory list.
  2.  

  3. Agreement partner is the Aalen City Boardinghouse or rather the owner of the property and the guest. In the event of a booking by a third party, the third party as the customer together with the guest, is liable towards Aalen City Boardinghouse as the joint debtor for all obligations resulting from the agreement.
  4.  

  5. To let is a furnished apartment for maximum of 2 people in the building of the provider Aalen City Boardinghouse. Occupancy of more than 2 people is not permitted.
  6.  

  7. Should the guest wish to extent his stay, he has an option right at his disposal. To exercise his option right the guest must inform the Aalen City Boardinghouse how long he intends to continue using the apartment in writing, 14 days before the expiry of the duration of stay. In the event that the Aalen City Boardinghouse has already made an accommodation agreement with another guest for the same apartment, the Aalen City Boardinghouse has the right to house the guest, on the extension of stay in a comparable apartment. Should this also not be possible, then the guest cannot exercise his option right.
  8.  

  9. Extension or renewal of the accommodation agreement must explicitly be agreed in writing. Oral agreements are not valid.
  10.  

  11. Subletting to a third party or rather use of the provided furnished apartment by a third party is categorically forbidden and requires prior written permission from the Aalen City Boardinghouse. The use of the apartment for purposes other than accommodation is also forbidden, unless the Aalen City Boardinghouse has explicitly given permission in writing.
  12.  

  13. All apartments in the Aalen City Boardinghouse are non-smoking apartments. Smoking is therefore not permitted under any circumstances. Should the guest nevertheless smoke, he thus makes himself entirely liable to pay full damages or additional costs for the cleaning and/or refurbishment of the apartment caused by this breach, upon departure.
  14.  

  15. Pets are not allowed – unless the provider has given written permission. If the guest has pets in the apartment, the provider is entitled to invoice appropriate additional charges for final cleaning expenses. At least double the sum of normal final cleaning will be charged in every case.
  16.  

  17. Messages, post and parcels intended for the guest, will be handled with the due diligence of a prudent merchant. Aalen City Boardinghouse will assume the safekeeping and – on request – the forwarding of these against payment.

 
III. Prices and Payment

  1. With the conclusion of the accommodation agreement the guest obliges himself to make the agreed payments for the accommodation, the deposit as well as other utilized services.
  2.  

  3. Payment and the deposit must be paid either in cash or by bank transfer (bank transfer costs are paid by the guest) prior to moving in. Should the letting stretch over a longer time period, then payment for the accommodation must be made to Aalen City Boardinghouse by bank transfer or in cash, one month in advance, by the first working day of the month, at the latest.
  4.  

  5. The Boardinghouse has the right to demand security in the form of a credit card guarantee, a deposit or the like, on the conclusion of the agreement.
  6.  

  7. The guest explicitly agrees that the Boardinghouse has the right, to clear unpaid rent/room costs, that have not been paid by the day of departure, via the credit card presented by the guest.
  8.  

  9. Unless another agreement stating otherwise is existent, the agreed prices include respective statutory VAT.
  10.  

  11. The Euro is the currency used for invoicing. Exchange rate differences and bank charges for foreign currency are at the expense of the payment obligated party.
  12.  

  13. The guest is free to make payments by credit card or per PayPal. In this case, the provider charges an additional surcharge of 3.6 % of the total amount.
  14.  

  15. Invoices from the provider are payable immediately after receipt without deductions. The guest is in arrears, if he does not make the payment within 7 days after the due date, at the latest. In the case of a guest that is a consumer, the above is only applicable, if the consequences for the guest have specifically been referred to on the invoice. In the case of payment arrears, Aalen City Boardinghouse is entitled to charge default interest of 5 % above the base lending rate to consumers. In commercial business the default interest is 8 % above the basic lending rate. Aalen City Boardinghouse reserves the right to claim higher damages. Aalen City Boardinghouse is entitled to charge a reminder charge of € 5.00 for every reminder issued after the occurrence of arrears.
  16.  

  17. Queries or complaints about invoicing must be made to the provider Aalen City Boardinghouse immediately after they become known. The correct invoice addressee must be given on agreement signing.
  18.  

  19. The provider has the right to increase the price of the apartment and update the current price list with 4 weeks prior notice. Should the guest not agree with the increased letting price, then the guest has an extraordinary right of termination within 2 weeks.

 
IV. Arrival and Departure

  1. The rented apartment can be moved into from 3 pm on the agreed date of arrival (check-in time). Arrangements can be made to deviate from this time, in individual cases. The guest has no right to earlier availability of the apartment.
  2.  

  3. Arrivals after 10 pm must be arranged either in writing or orally.
  4.  

  5. After handover, the guest has 24 hours to detect any existing deficiencies in the apartment and to notify Aalen City Boardinghouse. Should no deficiencies/defects be found – then the guest is liable for all deficiencies to inventory occurring during the length of his stay. The same applies to items of inventory that are missing.
  6.  

  7. The apartments of the Aalen City Boardinghouse must be vacated and made available by 11 am at the latest, on the agreed day of departure. Thereafter, Aalen City Boardinghouse can, over and above the thereby incurred damage, invoice 50% of the full lodging price (list price), for the additional use of the apartment until 6 pm, and 100% from 6 pm. The guest is free to provide evidence/proof that no or considerably lower damage has occurred to Aalen City Boardinghouse.
  8.  

  9. A new reservation must be made in order to extend the length of stay. A tacit renewal of the reservation is not possible. The non-timely departure of the guest constitutes unlawful private nuisance. Aalen City Boardinghouse is entitled to exercise its right to levy a distress on the goods of the tenant in order to take over possession of the apartment. Under the exercise of his right of lien, articles brought in by the guest will temporarily be put in storage in a storeroom, at his risk and expense.
  10.  

  11. Long-term guests (more than 28 nights) are obliged to carry out an inspection and handover of the apartment with a representative of Aalen City Boardinghouse 1 – 2 days before departure. Otherwise, the assessment of the condition of the let property on the day of departure, made by the Aalen City Boardinghouse is binding.
  12.  

  13. After expiry of the duration of the stay the apartment undergoes a final cleaning – a sum according to the price list of Aalen City Boardinghouse is charged for this purpose. The provider has the right to withhold this amount from the deposit should the guest not pay this amount separately.

 
V. Technical Equipment

  1. Aalen City Boardinghouse provides a fully appointed apartment with technical equipment and furnished apartment. The use of own electronic equipment (except laptop, PC, Tablet PC or mobile phone) by the guest under the use of the power supply of Aalen City Boardinghouse requires written permission. Aalen City Boardinghouse has the right to charge the guest the anticipated additional costs, and deduct these from the deposit, if necessary. The guest is liable for disturbances or damage occurring as a result of the use of his own equipment.
  2.  

  3. The guest has the possibility to use the internet as a price-inclusive service, during his stay. In such cases the guest obliges himself to comply with all applicable local, national and where required international laws and guidelines. The guest as user is responsible for all acts and omissions within the scope of use. Furthermore, the guest takes full responsibility for the unlawful use of the internet connection and indemnifies the provider Aalen City Boardinghouse from possible third party claims.

 
VI. Joint use of shared facilities

  1. Washing machines and tumble dryers are available for use by the tenant/ guest, at a charge, in the utility rooms of the mezzanine floors. These appliances can be used at the risk and expense of the tenant/guest.
  2.  

  3. These appliances made available by the Aalen City Boardinghouse should be treated with care and respect.

 
VII. Own decorative items and other articles

  1. The placement and mounting of decorative articles on the walls is not permitted, due to the danger of possible damage. The guest is completely liable for such brought-in decorations and indemnifies Aalen City Boardinghouse from third party claims.
  2.  

  3. Changes of any kind to and in the premises are not permitted.

 
VIII. Withdrawal by the Provider

  1. Aalen City Boardinghouse is entitled to cancel the agreement when factually justified reasons are existent. The following serve as examples:
  2.  

    1. acts of God or other circumstances that make it impossible for the Aalen City Boardinghouse to fulfill the agreement.
    2.  

    3. renting of the apartment is made under misleading or false statements of fundamental facts, e.g. the name or the reason.
    4.  

    5. if Aalen City Boardinghouse has a justified reason to assume that the letting will damage the reputation of the Aalen City Boardinghouse.
    6.  

    7. unauthorised subletting or re-letting according to Section II. No. 3 is existent.
    8.  

    9. the guest is in payment arrears; in the case of a delay of payment of more than 7 days Aalen City Boardinghouse has an immediate extraordinary right of termination with a notice period of 1 day, and is entitled to deny the guest access to the apartment.
    10.  

    11. if Aalen City Boardinghouse becomes aware of circumstances, that represent a fundamental worsening of the guest’s financial situation after conclusion of the agreement, especially if the guest does not pay outstanding bills to Aalen City Boardinghouse or not offer sufficient security and therefore claims for payment from the Aalen City Boardinghouse are endangered.
    12.  

    13. if the guest has applied to open insolvency proceedings of his assets, made a statutory declaration to § 807 ZPO, initiated extrajudicial proceedings for individual voluntary arrangements or has suspended his payments.
    14.  

    15. if insolvency proceedings have been opened or the application was refused due to lack of assets.

     

  3. The provider will inform the guest immediately of the exercise of his right of withdrawal.
  4.  

  5. In the event of a justified withdrawal by the provider, the customer has no right to constitute a claim for damages.

 
IX. Cancellation by the customer

Reservations are binding for the agreement partners. The following conditions apply for the cancellation of reserved apartments and/or services. 

  1. For reservations of up to 7 nights (per apartment or as total booking volume) a cancellation up to 48 hours before begin of the service period (planned arrival) is free of charge. In the event of later cancellation or the non-arrival of the guest, 100% of the lodging price for the first 2 nights of the service period will be calculated as the cancellation fee. Aalen City Boardinghouse will re-offer the cancelled service. If a replacement booking for the first 2 nights of the service period is successful, the cancellation fee will be reduced accordingly, maximally to the amount of the cancellation fee.
  2.  

  3. For reservations of more than 7 nights (per apartment or as total booking volume) a cancellation up to 7 days before begin of the service period (planned arrival) is free of charge. In the case of a cancellation up to 4 days before begin of the service period (planned arrival), 50% of the lodging price for the first 4 nights of the service period will be calculated as the cancellation fee. Aalen City Boardinghouse will re-offer the cancelled service. If a replacement booking for the first 4 nights of the service period is successful, the cancellation fee will be reduced by one quarter (¼) per booked night; maximally to the amount of the cancellation fee. In the case of later cancellation or the non-arrival of the guest, 100% of the lodging price for the first 4 nights of the service period will be calculated as the cancellation fee. Aalen City Boardinghouse will re-offer the cancelled service. If a replacement booking for the first 4 nights of the service period is successful, the cancellation fee will be reduced accordingly; maximally to the amount of the cancellation fee.
  4.  

  5. For reservations of more than 28 nights (per apartment or as total booking volume) a cancellation up to 14 days before begin of the service period (planned arrival) is free of charge. In the case of a cancellation up to 7 days before begin of the service period (planned arrival), 50% of the lodging price for the first 7 nights of the service period will be calculated as the cancellation fee. Aalen City Boardinghouse will re-offer the cancelled service. If a replacement booking for the first 7 nights of the service period is successful, the cancellation fee will be reduced by one seventh (1/7) per booked night; maximally to the amount of the cancellation fee. In the case of later cancellation or the non-arrival of the guest, 100% of the lodging price for the first 7 nights of the service period will be calculated as the cancellation fee. Aalen City Boardinghouse will re-offer the cancelled service. If a replacement booking for the first 7 nights of the service period is successful, the cancellation fee will be reduced accordingly; maximally to the amount of the cancellation fee.

 
X. Liability of the guest

  1. The guest is liable to Aalen City Boardinghouse for any loss and damage that occurs during the duration of the agreement, unless the damage is proven to be within the area of responsibility of Aalen City Boardinghouse or is caused by a third party that actually pays damages.
  2.  

  3. If Aalen City Boardinghouse obtains technical or other equipment from third parties for the guest, he acts in the authority of and for the account of the guest; who is liable for the careful treatment and duly return of the equipment, and indemnifies Aalen City Boardinghouse from all rights of third parties.

 
XI. Liability of Aalen City Boardinghouse

  1. Aalen City Boardinghouse is liable for the due diligence of a prudent merchant. This liability is, however, limited to service deficiencies, damage, subsequent damage or disturbances, intention or gross misconduct that can be traced back to Aalen City Boardinghouse, in non-typical range of services. Aalen City Boardinghouse will endeavor to undertake remedial measures for disturbances or deficiencies occurring in their services upon knowledge or immediately after notification by the guest. The guest is obliged, to make a reasonable contribution in order to eliminate the disturbance and keep possible damage to a minimum.
  2.  

  3. Aalen City Boardinghouse is liable for articles brought in by the guest according to legal regulations. Liability claims lapse if the guest does not report the loss, destruction or damage, immediately after its discovery (§ 703 BGB), to Aalen City Boardinghouse.
  4.  

  5. Legal regulations apply to the unlimited liability of the Aalen City Boardinghouse.
  6.  

  7. If a parking space is made available to the guest, also against payment, this does not constitute a contract of safe custody. Aalen City Boardinghouse is not liable for the disappearance of parked or damage from maneuvering of vehicles and their contents on the property, except for intention or gross misconduct. This also applies for performing agents of Aalen City Boardinghouse.
  8.  

  9. Messages, post and parcels for guests will be handled with care. Aalen City Boardinghouse assumes the delivery, safekeeping and – if required – their forwarding against payment. Liability claims due to intention or gross misconduct are excluded.

 
XII. Final Clauses

  1. Changes or amendments to the guest reception contract, acceptance proposal or these terms of business must be in written form. A waiver of the written-form requirement must also be in written form.
  2.  

  3. Place of fulfillment and payment is the office of the Aalen City Boardinghouse.
  4.  

  5. Exclusive place of jurisdiction is the office of Aalen City Boardinghouse. If an agreement partner does not have an inland place of general jurisdiction, the office of Aalen City Boardinghouse applies as expressly agreed place of jurisdiction.
  6.  

  7. German law applies.
  8.  

  9. Should individual regulations of these general terms and conditions be or become invalid, this does not affect the validity of the remaining regulations. The invalid regulations shall be replaced by such that correspond to valid laws and replace those originally intended. Apart from that, statutory provisions apply.

(Dated, 6 May 2013)