1. scope of application
1.1 These General Terms and Conditions ("GTC") apply to contracts (Accommodation Agreement) for the rental of suites in the apartment house/hotel garni bodenseezeit in the property Bregenzer Straße 152 in 88131 Lindau am Bodensee for a limited period of time, as well as for all services rendered to the guests by the operator of the apartment house/hotel garni bodenseezeit in this context.
1.2 Deviating regulations, even if they are contained in the general terms and conditions of the guest or the orderer, do not apply, unless they are expressly accepted in writing by the operator of the bodenseezeit.
2. conclusion of contract
2.1 Upon a booking request for long or short term guests, the contract (Accommodation Agreement) is concluded with the corresponding booking confirmation of the bodenseezeit. The operator of bodenseezeit is free to confirm the booking in text form.
2.2 Contracting parties are the operator of the bodenseezeit and the guest. If the booking was made by a third party for the guest, the orderer is liable to the operator of the bodenseezeit together with the guest as joint debtor for all obligations arising from the contract, provided that the operator of the bodenseezeit has received a corresponding declaration from the orderer. Irrespective of this, every ordering party is obliged to pass on all information relevant to the booking, in particular these General Terms and Conditions of the bodenseezeit, to the guest.
2.3 The suites are provided for accommodation purposes. The subletting or further leasing of the suites as well as their use for other than accommodation purposes requires the prior consent of the operator of the bodenseezeit.
3. rental period and services
3.1 The rental period for the suites of the bodenseezeit is at least 1 day and at most 6 months.
3.2 The operator of the bodenseezeit is obliged to keep the suite booked by the guest on a temporary basis available on the website (www.hotel-bodenseezeit-lindau.de) in accordance with these General Terms and Conditions and the service description. Unless otherwise expressly agreed in writing, the guest has no claim to the provision of a specific suite within a room category.
3.3 The guest can book additional services for which a charge is made. The additional services and their description ("Extras") can be found on the website (www.hotel-bodenseezeit-lindau.de). The provisions in section 2.1 apply accordingly to the agreement of additional services. When a parking space is rented, the terms and conditions for the underground car park, which are published on the website (www.hotel-bodenseezeit-lindau.de), are also deemed to have been agreed.
3.4 The reception of the bodenseezeit is usually manned Monday to Friday from 15.00 to 18.00 (except public holidays). Outside of these times, a service hotline is available to guests for emergencies.
4. day of arrival and departure
4.1 The booked suite is available to the guest from 15:00 hrs on the agreed day of arrival. The guest has no claim to earlier availability of the booked suite.
4.2 The registration (check-in) of the guest takes place on the agreed day of arrival via a terminal located in the entrance area of bodenseezeit, as well as the cancellation (check-out) on the agreed day of departure.
4.3 On the agreed day of departure, the suite is to be vacated by 10:30 a.m. and made available to the operator of the bodenseezeit. In the event of delayed evacuation and return of the Suite, the guest is obliged to pay 50% of the accommodation price (list price) as a usage fee to the operator of bodenseezeit for the withholding of the Suite in excess of the contractual period. If the delayed withholding of the Suite beyond the agreed departure date continues beyond 6:00 p.m., the Guest is obliged to pay 90% of the accommodation price as a usage fee and, if the Suite is used, the full accommodation price to bodenseezeit. Contractual claims of the guest are not justified by this. The operator of the bodenseezeit reserves the right to prove higher damages. For example, recourse claims from subsequent tenants. In this case the guest is free to prove that the operator of the bodenseezeit has not incurred any damage or that the damage incurred is considerably lower.
4.4 The suite is to be returned on the agreed departure day cleared and swept clean. Otherwise, the guest shall bear the actual and proven costs of the necessary cleaning. The guest is at liberty to prove that the aforementioned claim has not arisen or has not arisen in the required amount.
5. prices, payments
5.1 The guest is obliged to pay the agreed prices for the use of the suite and the additional services booked by him during his short or long-term stay. This also applies to services of the bodenseezeit towards third parties arranged by the guest or the orderer.
Unless otherwise contractually agreed by the contracting parties, the prices valid at the time of the conclusion of the contract (via the respective portal) for the bodenseezeit, or in the case of a subsequent extension of the contract and a subsequent booking of additional services, the prices valid at the respective time of the contract extension or booking are agreed.
5.2 The list prices are published on the website at www.hotel-bodenseezeit-lindau.de These may differ in price from the booking portals. The guest has to pay the prices of the portal on which the booking was made. The agreed prices include the statutory value-added tax applicable at the time the contract is concluded. In the event of a change in the statutory VAT on the agreed services after conclusion of the contract, the prices shall be adjusted accordingly; however, in the case of contracts with consumers, this shall only apply if the period between conclusion of the contract and the agreed date of arrival exceeds four months. Not included in the list prices are local taxes, which are owed by the guest himself according to municipal law (e.g. tourist tax).
5.3 The operator of the bodenseezeit is entitled to demand an appropriate advance payment or security deposit from the guest at or after the conclusion of the contract up to the amount of the expected total price for the stay.
5.4 Terms of Payment: If the Guest does not have to pay the agreed price for the Suite in advance at or after conclusion of the contract, the price of the Suite shall be paid from the agreed day of arrival at the latest before the Guest moves into the Suite. The Suite can only be used by the Guest after it has been paid for in cash or via a debit or credit card at the Hotel ATM or at the reception. This means prepayment at the latest on arrival!
5.5 These payment conditions (see 5.4) also apply to any additional services
5.6 If the guest wishes an extension of the contract, the operator of the bodenseezeit is entitled to demand an advance payment up to the amount of the expected total price for the extension period at or after agreement of the extension of the contract. The provisions in section 2.1 apply accordingly to the agreement on the extension of the contract.
5.7 Invoices of the bodenseezeit without a due date are due for payment within two weeks of receipt of the invoice.
5.8 The acceptance and the selection of credit cards are at the discretion of the operator of the bodenseezeit in each individual case on presentation of a credit card. This also applies if the bodenseezeit indicates the basic acceptance of credit cards, for example on the website or by posting them on a notice board. The acceptance of credit cards and other means of payment is only on account of performance.
5.9 If the guest defaults on the fulfilment of a claim against the bodenseezeit, the bodenseezeit is entitled to make all claims against the guest, including deferred or credited claims, due immediately. In the event of default of payment, the bodenseezeit is entitled to demand the respectively applicable statutory default interest. The bodenseezeit reserves the right to prove higher damages. A reminder fee of € 5.00 can be charged for each reminder after the occurrence of default.
5.10 The guest can only offset or exercise a right of retention against claims of the bodenseezeit with undisputed or legally established counterclaims.
5.11 All claims of the guest against the operator of the bodenseezeit are subject to a limitation period of one year from the beginning of the statutory limitation period. For the beginning of the limitation period § 199 para. 1 BGB applies. The reduction of the statute of limitations does not apply to claims which are based on an intentional or grossly negligent breach of duty on the part of the bodenseezeit, a legal representative of the bodenseezeit or a vicarious agent of the bodenseezeit, as well as to damages resulting from an injury to life, body or health, if the bodenseezeit is responsible for the breach of duty, and furthermore to damages which are based on an intentional or negligent breach of contract-typical duties of the bodenseezeit, a legal representative of the bodenseezeit or a vicarious agent of the bodenseezeit. Duties typical for the contract are such duties, the fulfilment of which make the proper execution of the contract possible in the first place and on the observance of which the guest relies and may rely.
6. right of withdrawal of the guest
6.1 The guest is entitled to withdraw free of charge from the contract concluded with bodenseezeit for his suite at the latest four weeks before the agreed day of arrival. Decisive is the timely receipt of the declaration of withdrawal by the operator of the bodenseezeit (in writing or by email to firstname.lastname@example.org).
6.2 After expiry of the withdrawal period according to paragraph 6.1, a withdrawal of the guest from the contract concluded with the bodenseezeit requires the consent of the operator of the bodenseezeit, unless otherwise expressly agreed. If the bodenseezeit does not agree to the withdrawal of the guest, the guest is obliged to pay the agreed price even if the guest does not make use of the contractual services. This does not apply if, after weighing up the interests of both parties, the guest can no longer be expected to adhere to the contract or if the guest has any other legal or contractual right of withdrawal.
If the guest is obliged to pay the agreed price and if the guest does not use the suite, bodenseezeit has to credit the income from a possible other renting of the suite as well as the saved expenses against the price to be paid by the guest. If the suite is not rented to another party, the saved expenses of bodenseezeit will be lumped at 10% of the agreed price, i.e. the guest has to pay 90% of the agreed price in this case. The payment is due within 14 days after receipt of the declaration of withdrawal and the guest is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
6.3 After a declaration of withdrawal by the guest, the operator of the bodenseezeit is entitled to let the booked suite to another party.
7. right of withdrawal and termination of the bodenseezeit
7.1 As long as the guest is entitled to cancel the contract free of charge according to clause 6.1, bodenseezeit is entitled to withdraw from the contract if there is an enquiry from other guests about the contractually booked suite and the guest does not waive his or her right to withdraw free of charge after a reasonable period of time has been set by bodenseezeit.
7.2 If a guest does not pay an agreed advance payment or security deposit or does not pay it within a reasonable grace period set by the operator of bodenseezeit, bodenseezeit is entitled to withdraw from the contract.
7.3 Furthermore, the bodenseezeit is entitled to withdraw from the contract for important reasons or to terminate the contract extraordinarily. This applies in particular if
- force majeure or other circumstances beyond the control of the bodenseezeit make the fulfilment of the contract impossible;
- suites are booked under misleading or false statements of material facts, e.g. in the person of the guest
- the bodenseezeit has justified reason to assume that the use of the agreed services by the guest can endanger the smooth business operations, the safety or the reputation of the bodenseezeit in public, without this being attributable to the sphere of control or organisation of the bodenseezeit
- a breach of paragraph 2.3 (subletting or re-letting of the Suite or its use for other than accommodation purposes, immoral use, improper use insofar as there is a risk of wilful damage to property in default - without the prior consent of bodenseezeit) or overcrowding of the Suite
7.4 If the withdrawal or extraordinary termination of the bodenseezeit was justified, the guest has no claim to compensation.
7.5 In the event of a withdrawal or an extraordinary termination of the bodenseezeit according to clauses 7.2 and 7.3, the bodenseezeit is entitled to demand payment of the agreed price from the guest, provided that the guest is responsible for the reason for termination. In this case, the income from any other rental of the suite and the saved expenses are to be credited to the price to be paid by the guest. If the suite is not rented to another party, the saved expenses of bodenseezeit shall be lumped at 10% of the agreed price, i.e. in this case the guest shall pay 90% of the agreed price. The guest is at liberty to prove that the aforementioned claim has not arisen or has not arisen in the required amount.
8. liability of the guest
8.1 The guest is obliged to treat the rented suite as well as the facilities and equipment in it, furthermore the general areas and facilities of the Lbodenseezeit with care and protection.
8.2 The guest is liable for all damages caused to the bodenseezeit by himself, his guests or other persons for whom he is responsible. This applies in particular to damage to the suite and its furnishings and equipment, to the removal of furnishings and equipment, and to damage in the general areas of the object bodenseezeit.
8.3 In case of non-observance of the fire protection guidelines, which are announced to the guest at check-in, the guest is liable for the costs arising from the triggering of a false alarm.
8.4 Duty of care - The Suite, the bathroom and the kitchen unit in the Suites shall be left in a complete and reasonably clean condition. Please use the equipment and facilities of the kitchen, bathroom and the entire Suite in a reasonable manner and do not prepare any strong smelling food in the Suites. Smoking is not permitted in the object of the bodenseezeit or on the public terraces of the bodenseezeit. Pets are not allowed in the object of the bodenseezeit
8.5 For the use of the suites and the public rooms of the bodenseezeit the HOUSINGS are the legal basis for the GTC. Violations will be prosecuted under contract law.
8.5 The locking system provides for an access code or key card. Before leaving your departure, place it on the table in the suite. If a key card is lost, a fee of € 0.90 will be charged. For an unlocking service outside of the reception's occupation hours, the guest shall bear the actual and proven costs incurred, but at least an amount of € 200.00.
8.6 Should there be any defects or disturbances in the services of bodenseezeit, the guest has to report this immediately after discovery, so that the boardinghouse has the possibility to eliminate the defects or disturbances if necessary. If the guest culpably omits to report a defect to the boardinghouse, a claim for reduction of the agreed fee does not arise. The guest is obliged to contribute what is reasonable for him/her to remedy the disturbance and to keep the damage as low as possible.
9. liability of the bodenseezeit
9.1 The bodenseezeit is liable with the diligence of a prudent businessman for his obligations arising from the contract. Claims of the guest for damages are excluded. Excluded from this are
- damages resulting from injury to life, body or health, if the bodenseezeit is responsible for the breach of duty
- other damages, which are based on an intentional or grossly negligent breach of duty of the bodenseezeit, and
- Damages which are based on an intentional or negligent violation of obligations typical for the bodenseezeit.
Duties typical of the contract are such duties whose fulfilment is essential for the proper execution of the contract and on whose compliance the guest relies and may rely.
A breach of duty of the bodenseezeit is equal to that of a legal representative or vicarious agent of the bodenseezeit.
9.2 The bodenseezeit is liable to the guest according to the legal regulations for loss, destruction or damage up to one hundred times the room price for one night, however at least up to the amount of € 600.00 and at most up to the amount of € 3,500.00; for money, securities and valuables the amount of € 800.00 replaces € 3,500.00. The liability claims expire if the guest does not immediately report the loss, destruction or damage of the objects brought in to the bodenseezeit (§ 703 BGB). The aforementioned limitations do not apply if the loss, destruction or damage is the fault of the boardinghouse or its staff, or if the guest has brought in items that the boardinghouse has taken over for safekeeping or that the boardinghouse has refused to take over contrary to § 702 Abs. 3 BGB. It is recommended to use the room safe. If the guest wishes to bring in money, securities and valuables with a total value of more than € 800.00 or other valuables with a total value of more than € 3,500.00, a separate storage agreement must be made with the Boardinghouse. For any further liability of the bodenseezeit, e.g. from hotel accommodation contracts, clause 9.1 sentences 2 to 4 shall apply accordingly.
9.3 If a parking space in the underground car park is made available to the Guest during his short or long-term stay, even against payment, this does not constitute a safekeeping contract. There is no duty of supervision of the bodenseezeit. The parking conditions for the underground car park apply. In the event of loss or damage to vehicles parked or manoeuvred in the underground car park and their contents, bodenseezeit shall only be liable in accordance with the above clause 9.1 sentences 2 to 4.
10. contractual penalty, special information
10.1 All suites including terraces and balconies as well as the common areas of the bodenseezeit are non-smoking areas. Smoking is prohibited during the entire bodenseezeit. For each case of violation, the guest is obliged to pay a lump sum penalty of € 250.00 to the bodenseezeit. The bodenseezeit reserves the right to claim higher cleaning and renovation costs; in this case the contractual penalty will be credited against the costs incurred. In this case the guest is free to prove that no damage or less damage has been caused. Furthermore, an infringement represents a use contrary to the contract, which may entitle the bodenseezeit to terminate the contract without notice.
10.2 Animals are generally not allowed in the boarding house and all its suites including terraces and balconies.
10.3 Lost property or lost/forgotten items will only be forwarded to the guest on request and against reimbursement of the costs incurred. The bodenseezeit will keep the objects for the duration of 6 months.
10.4 The guest is aware that video surveillance can be carried out in the general areas of the bodenseezeit. However, the guest has no claim to this.
11. final provisions
11.1 Amendments or supplements to the contract or to these terms and conditions shall be made in text form. Unilateral changes or additions by the guest are invalid..
11.2 The place of performance and payment as well as the exclusive place of jurisdiction in commercial transactions is the registered office of the bodenseezeit.
11.3 The place of jurisdiction is the seat of the bodenseezeit.
11.4 The law of the Federal Republic of Germany shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
11.5 Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects the statutory provisions shall apply.
Setting conditions for the parking garage
1 Scope of application
1.1 The following parking conditions apply to the transfer of parking spaces in the underground car park of the object bodenseezeit - Bregenzer Strasse 152 in Lindau a.B. (hereinafter referred to as "TG" "bodenseezeit" Operator of the bodenseezeit") to the guests of the bodenseezeit
2.1 The guest is obliged to exercise the necessary care in traffic. In particular, the special traffic rules and safety regulations attached to the TG must be observed. Instructions of the staff of the bodenseezeit, which serve the safety or concern the domestic authority, are always to be followed immediately. In all other respects, the provisions of the StVO apply accordingly.
2.2 Only officially registered passenger cars with liability insurance and roadworthy vehicles may be used.
2.3 Vehicles may only be parked within the marked parking spaces. The operator of the bodenseezeit is entitled to have vehicles parked incorrectly moved at the guest's expense by taking appropriate measures. In this case bodenseezeit may charge a flat rate; in this case the guest can prove that the costs did not arise or are considerably lower than the flat rate. If the guest uses more than one parking space with his vehicle, bodenseezeit is furthermore entitled to charge the full fee for the actually used number of parking spaces according to the price list.
2.4 Every guest is recommended to always carefully lock their vehicle after leaving and not to leave any valuables behind.
3 Safety and order regulations
3.1 In the parking garage, driving is only allowed at walking speed (max. 6 km/h). Otherwise the road traffic regulations (StVO) apply.
3.2 In the parking garage are not allowed
- smoking and the use of fire;
- the storage of operating materials and inflammable objects; this also applies to emptied operating material containers
- the loose storage of used cleaning wool and rags;
- the unnecessary running and testing of the engines;
- the adjustment of vehicles with leaking tanks or fuel supply systems;
- work on the vehicle of any kind, including refuelling;
- the honking and other annoyance caused by avoidable noise;
- Misuse of the car park by cyclists, skaters, boarders or similar;
- the parking of motor vehicles with seasonal registration plates outside the validity of these plates.
3.3 Staying in the parking garage is only permitted for the purpose of parking, loading and unloading, as well as the collection of vehicles.
4 Liability of the bodenseezeit
4.1 The bodenseezeit does not take over any care or other duties of care for the vehicles and other things brought into the parking garage by the guest; the bodenseezeit especially does not take over any guarding or custody. The bodenseezeit excludes any liability for damages caused by other guests or other third parties. This applies in particular to damage, destruction or theft of parked vehicles or movable/installed objects from the vehicles or objects attached to or on the vehicles. The guest is aware that the TG is exclusively available to guests of the bodenseezeit.
4.2 The liability of the "bodenseezeit" is determined according to paragraph 9.1 sentences 2 to 4 of the general terms and conditions ("AGB") of the "bodenseezeit
4.3 The guest is obliged to report any damage to his vehicle immediately to the operator of the bodenseezeit.
5 Liability of the guest
5.1 The guest is liable for all damage culpably caused by himself, his visitors or other persons for whom he is responsible, to the bodenseezeit or to third parties. He is obliged to report the damages he is responsible for to the operator of the bodenseezeit immediately and before leaving the parking garage.
5.2 Furthermore, the guest is liable for culpably caused contamination or damage to the parking garage and the rented parking space.
6. right of retention, lien, removal of the vehicle
6.1 Due to its claims from the contract concluded with the guest, bodenseezeit has a right of retention as well as a legal lien on the guest's parked vehicle.
6.2 After expiry of the agreed rental period, bodenseezeit is entitled to have the vehicle removed from the parking garage at the guest's expense, provided that the guest and/or vehicle owner have been notified in writing in advance, setting a deadline of at least two weeks, and this notification has not been successful. Until the vehicle is removed, bodenseezeit is entitled to a fee corresponding to the price list.
6.3 The bodenseezeit is also entitled to remove and/or recycle vehicles without official registration, provided that the guest/vehicle owner has been threatened with this beforehand and he/she has not complied with the request to remove the vehicle within a reasonable period of time set by Boardinghouse. Such threat and request is not necessary if the guest/vehicle owner could not be identified even after taking reasonable measures. The guest/vehicle owner shall be entitled to the possible proceeds from the sale of the vehicle less the costs incurred and less the fee according to the price list which has been incurred until the time of the removal of the vehicle.
6.4 Even in the event of imminent danger, bodenseezeit is entitled to remove the guest's vehicle from the parking area or from the parking garage.
7 Parking garage exemption
7.1 A service hotline is available to guests in the event of technical faults. If it is necessary for a representative of the bodenseezeit to travel to the hotline due to the guest's own fault, the guest shall bear the costs actually incurred and proven, but at least an amount of € 100.00.
8 General terms and conditions
8.1 The general terms and conditions ("AGB") of the bodenseezeit as well as the house rules apply. These are published on the website at www.hotel-bodenseezeit-lindau.de.