1. These Terms and Conditions govern contracts for the rental use of Haus am Dom rooms for lodging purposes, as well as all other goods and services rendered by the Haus am Dom for the customer.
2. The prior written consent of the Haus am Dom is required if rooms provided are to be sublet or rented to other parties or used other than for lodging purposes, whereby § 540, para. 1, sentence 2 German Civil Code is waived insofar as the customer is not a consumer.
3. The customer’s general terms and conditions shall apply only if these are previously expressly agreed in writing.
1. The contract shall come into force upon the Haus am Dom’s acceptance of the customer’s application. At its discretion, the Haus am Dom may confirm the room reservation in writing.
2. The parties to the contract are the Haus am Dom and the customer. If a third party placed the order on behalf of the customer, then that party shall be liable vis-à-vis the Haus am Dom for all obligations arising from the Haus am Dom accommodation contract as joint and several debtor together with the customer, insofar as the Haus am Dom has a corresponding statement by the third party.
3. Any claims against the Haus am Dom shall generally be time-barred one year after the commencement of the general statute of limitations dependent upon knowledge of § 199, para. 1 German Civil Code. Damage claims shall be time-barred after five years, independent of knowledge. The reduction of the statute of limitation periods shall not apply for claims which are based on an intentional or grossly negligent breach of obligation by the Haus am Dom.
1. The Haus am Dom is obligated to keep the rooms reserved by the customer available and to render the agreed services.
2. The customer is obligated to pay the applicable or agreed Haus am Dom prices for rooms provided and for other services used. This shall also apply to the Haus am Dom’s services and outlays to third parties caused by the customer.
3. The agreed prices include applicable value-added tax as required by law.
4. Moreover, the Haus am Dom may change prices if the customer later wishes to make changes in the number of reserved rooms, the Haus am Dom’s services, or the length of guests’ stay, and the Haus am Dom consents to such changes.
5. Haus am Dom invoices not showing a due date are payable and due in full within ten days of receipt. The Haus am Dom shall be entitled at any time to make accumulating accounts receivable payable and due and to demand payment without undue delay. With default of payment, the Haus am Dom shall be entitled to demand the respectively applicable statutory default interest in the amount of currently 8 percent or, with legal transactions with a consumer, in the amount of 5 percent above the base interest rate. The Haus am Dom reserves the right to prove greater damage.
6. The customer may only set-off or reduce a claim by the Haus am Dom with a claim which is undisputed or decided with final, res judicata effect.
1. Cancellation by the customer of the contract concluded with the Haus am Dom requires the Haus am Dom’s written consent. If such is not given, then the price agreed in the contract must be paid even if the customer does not avail himself of the contractual services. This shall not apply with the breach of obligation of the Haus am Dom to take into account the rights, objects of legal protection and interests of the customer, if holding to the contract is no longer reasonable or another statutory or contractual cancellation right exists.
2. To the extent the Haus am Dom and customer agreed in writing upon a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the Haus am Dom. The customer’s right of cancellation shall expire if he does not exercise his cancellation right in writing vis-à-vis the Haus am Dom by the agreed date, insofar as no case pursuant to Nr. 1, sentence 3 supra exists.
3. If rooms are not used by the customer, the Haus am Dom must apply credit for the income from renting the rooms to other parties and also for saved expenses.
4. At its discretion, the Haus am Dom may demand the contractually agreed compensation and to make a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay 100 percent for room and full-board arrangements.
The customer is at liberty to show that the claim mentioned above was not created or not created in the amount demanded.
1. To the extent that a right of cost-free cancellation within a certain period was agreed in writing for the customer, the Haus am Dom is entitled for its part to cancel the contract during that period if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not waive his right of rescission upon inquiry thereof by the Haus am Dom.
2. If an agreed advance payment or an advance payment demanded pursuant to Item III, Nr. 6 supra is not made even after a reasonable grace period set by the Haus am Dom has expired, then the Haus am Dom is likewise entitled to cancel the contract.
3. Moreover, the Haus am Dom is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause, e.g. if
4. The customer can derive no right to compensation from justified cancellation by the Haus am Dom.
1. The customer does not acquire the right to be provided specific rooms.
2. Reserved rooms are available to the customer starting at 3:00 p.m. on the agreed arriva date. The customer does not have the right to earlier availability.
3. Rooms must be vacated and made available to the Haus am Dom no later than 11:00 noon on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the Haus am Dom may charge 50 percent of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.:100 percent). The customer is at liberty to show the Haus am Dom that it incurred no or much lesser claim to use damages.
1. The Haus am Dom is liable to exercise the duty of care of an ordinary merchant with the performance of its obligations arising from the contract. Claims of the customer for reimbursement of damages are precluded except for such which result from injury to life, body or health and
the Haus am Dom is responsible for the breach of the obligation, other damage which is caused from an intentional or grossly negligent breach of obligation and damage which is caused from an intentional or negligent breach of obligations of the Haus am Dom which are typical for the contract. A breach of obligation of the Haus am Dom is deemed to be the equivalent to a breach of a statutory representative or employee. Should disruptions or defects in the performance of the Haus am Dom occur, the Haus am Dom shall act to remedy such upon knowledge thereof or upon objection without undue delay by the customer. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage at a minimum.
2. Insofar as a parking space is provided to the customer in the Haus am Dom garage or a Haus am Dom parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. The Haus am Dom assumes no liability for loss of or damage to motor vehicles parked or maneuvered on the Haus am Dom’s property, nor the contents thereof, excepting cases of intent or gross negligence.
1. Amendments and supplements to the contract, the acceptance of applications, or these General Terms and Conditions for Haus am Dom Accommodation should be made in writing. Unilateral amendments and supplements by the customer are not valid.
2. Place of performance and payment is the location of the Haus am Dom’s registered office.
3. In the event of dispute, including disputes for checks and bills of exchange, the courts at the location of the Haus am Dom’s registered office shall have exclusive jurisdiction for commercial transactions. Insofar as a contracting party fulfills the requirements of § 38, para. 2 of the German
Code of Civil Procedure and does not have a general venue within the country, the courts at the location of the Haus am Dom’s registered office shall have jurisdiction.
4. The contract is governed by and shall be construed in accordance with the laws of the Federal Republic of Germany. The application of the UN Convention on the International Sale of Goods and the conflict of laws are precluded.
5. Should individual provisions of these General Terms and Conditions for Haus am Dom Accommodation be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.
