1. Scope of application
1.1 These terms and conditions apply to contracts for the rental of flats – hereinafter referred to as “rooms” – for accommodation purposes as well as to all other services and deliveries provided by Pension SiLa. 1.2 The subletting or reletting of rooms as well as their use for purposes other than accommodation require the prior written consent of Pension SiLa.
1.2 The subletting or re-letting of the rented rooms as well as their use for purposes other than accommodation require the prior written consent of Pension SiLa.
1.3 The customer’s terms and conditions of business shall only apply if this has been agreed in advance.
1.4 Non-smoking rooms
Our rooms in Pension SiLa are strictly non-smoking rooms. Should guests nevertheless smoke in the room, we will charge the room guest 150,- Euro for the cleaning costs (curtains, furniture, carpet etc.). If the room cannot be rented out due to the strong smell of smoke, an additional night will be charged according to the hotel tariff.
2. Conclusion of contract, contracting parties, liability; limitation period
2.1 The contract is concluded by the acceptance of the customer’s application by Pension SiLa. Pension SiLa is free to confirm the room booking in writing.
2.2 The contracting parties are Pension SiLa and the customer. If a third party has ordered for the customer, he is liable to Pension SiLa together with the customer as joint debtor for all obligations from the guest accommodation contract, provided that Pension SiLa has a corresponding declaration of the third party.
2.3 Pension SiLa is liable for its obligations from the contract. In the area not typical for services the liability is limited to intent and gross negligence of Pension SiLa.
2.4 The limitation period for all claims of the customer is 6 months.
2.5 This limitation of liability and short period of limitation shall also apply in favour of Pension SiLa in case of breach of obligations during the initiation of the contract and positive breach of contract.
3. Performance, Prices, Payments, Offsetting
3.1 Pension SiLa is obliged to keep the rooms booked by the customer available and to provide the agreed services. 3.2 The customer is obliged to pay the prices applicable or agreed for the provision of rooms and the other services used by him.
3.2 The customer is obliged to pay the applicable or agreed prices of Pension SiLa for the provision of the rooms and the other services used by him. This also applies to services and expenses of Pension SiLa to third parties arranged by the customer.
3.3 The agreed prices include the respective statutory value added tax. If the period between conclusion and fulfilment of the contract exceeds 4 months and if the price generally charged by Pension SiLa for such services increases, Pension SiLa can increase the contractually agreed price appropriately, however by a maximum of 10%.
3.4 The prices can be changed by Pension SiLa if the customer wishes to change the number of booked rooms, the service of Pension SiLa or the length of stay of the guests and Pension SiLa agrees to this.
3.5 Invoices of Pension SiLa without due date are payable within 10 days from receipt of the invoice without deduction. Pension SiLa is entitled to call in accrued claims at any time and to demand immediate payment. In case of delayed payment Pension SiLa is entitled to charge interest in the amount of 4% above the respective discount rate of the Deutsche Bundesbank. The customer reserves the right to prove a lower, Pension SiLa a higher damage.
3.6 Pension SiLa is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or afterwards, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
3.7 The customer can only offset or reduce a claim of Pension SiLa with an undisputed or legally binding claim.
4. Withdrawal of the customer (cancellation)
4.1 A withdrawal of the customer from the contract concluded with Pension SiLa requires the written consent of Pension SiLa. If this is not done, the agreed price from the contract has to be paid even if the customer does not make use of contractual services. This does not apply in cases of default of performance by Pension SiLa or an impossibility of performance for which Pension SiLa is responsible.
4.2 In case of rooms not used by the customer Pension SiLa has to take into account the income from renting the rooms to other guests as well as the saved expenses.
4.3 Pension SiLa is free to charge a lump sum for the damage incurred and to be compensated by the customer. The customer is then obliged to pay the following rates of the contractually agreed price for overnight accommodation: up to 1 day before arrival: 100%.
5. Withdrawal of the Pension SiLa
5.1 If an agreed advance payment is not made even after the expiry of a reasonable period of grace set by Pension SiLa with a threat of refusal, Pension SiLa is entitled to withdraw from the contract.
5.2 Furthermore, Pension SiLa is entitled to withdraw from the contract extraordinarily for factually justified reasons, for example if force majeure or other circumstances for which Pension SiLa is not responsible make it impossible to fulfil the contract;
rooms are booked under misleading or false information of essential facts, e.g. in the person of the customer or the purpose;
the Pension SiLa has reasonable grounds to assume that the use of the Pension SiLa service can endanger the smooth business operation, the security or the reputation of the Pension SiLa in public without this being attributable to the sphere of control or organisation of the Pension SiLa;
there is a violation of point 1, scope of application, paragraph 2.
5.3 Pension SiLa has to inform the customer immediately about the exercise of the right of withdrawal.
5.4 In case of a justified withdrawal by Pension SiLa, the customer has no claim for damages.
6. room provision, handover and return
6.1 The customer does not acquire any claim to the provision of specific rooms.
6.2 Booked rooms are available to the customer from 3.00 p.m. on the agreed day of arrival. The customer has no right to earlier availability. An earlier occupancy of the room is possible after consultation with Pension SiLa.
6.3 If the customer uses booked rooms late or gives up the use before the expiry of the contract, he has to compensate Pension SiLa for the damage caused as described under point 7 Cancellation by the customer.
6.4 On the agreed day of departure the rooms have to be vacated and made available to Pension SiLa by 11.00 a.m. at the latest. After that time Pension SiLa is entitled to charge 50% of the full room rate for the additional use of the room until 1.00 p.m., from 1.00 p.m. 100%.
6.5 If Pension SiLa does not provide the customer with booked rooms for reasons for which Pension SiLa is responsible, Pension SiLa is entitled to assign the customer another, comparable accommodation in another house. In this case Pension SiLa will only bear the possible additional costs between the agreed accommodation price and the actual room price of the substitute accommodation. If the customer refuses the accommodation in another house, his claims expire. Further claims of the customer are excluded.
7. Liability of Pension SiLa
7.1 Pension SiLa is liable for the diligence of a prudent businessman. However, this liability is limited in the area not typical for services to deficiencies in services, damages, consequential damages or disturbances which are due to intent or gross negligence of Pension SiLa. If faults or defects occur in the services of Pension SiLa, Pension SiLa will endeavour to remedy the situation if it becomes aware of them or if the customer complains about them immediately. The customer is obliged to contribute what he can reasonably be expected to do in order to remedy the disturbance and to keep possible damage to a minimum. 7.2.
7.2 Pension SiLa is liable to the customer for brought-in objects according to the legal regulations, that is up to 100 times the room price, at most € 1.000,-. The liability claims expire if the customer does not inform Pension SiLa immediately after becoming aware of loss, destruction or damage (§703 BGB).
7.3 For the unlimited liability of Pension SiLa the legal regulations are valid.
7.4 As far as the customer is provided with a parking space, this does not constitute a safekeeping contract. Pension SiLa is not liable in case of loss or damage of motor vehicles parked or manoeuvred on the Pension SiLa property and their contents, except in case of intent or gross negligence. This also applies to vicarious agents of Pension SiLa.
7.5 Wake-up calls are carried out by Pension SiLa with utmost care. Claims for damages, except for gross negligence or intent, are excluded.
7.6 Messages, mail and consignments of goods for the guests will be handled with care. Pension SiLa shall take care of the delivery, safekeeping and – on request – forwarding of the same against payment. Claims for damages, except for gross negligence or intent, are excluded.
8. Final provisions
8.1 Amendments or additions to the contract, the acceptance of the application or these terms and conditions for the accommodation of guests shall be made in writing. Unilateral changes or additions by the client are invalid.
8.2 The place of performance and payment is the registered office of Pension SiLa.
8.3 The exclusive place of jurisdiction – also for disputes concerning cheques and bills of exchange – in commercial transactions is the registered office of Pension SiLa. If a contracting party fulfils the requirements of §38 paragraph 1 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of Pension SiLa.
8.4 German law is applicable.
8.5 Should individual provisions of these General Terms and Conditions for Guest Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.