homekeeper's terms and conditions

GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT

1 SCOPE, CONTRACTUAL PARTNER OF THE CUSTOMER (OPERATOR”)

1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries of accommodation provided to the customer in this context “by homekeepers”. The contractual partners are Homekeepers GmbH as the operator of the hotel (hereinafter: “operator”) and the customer. The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel and hotel room contract.

1.2 The subletting or subletting of the rooms provided and their use for purposes other than accommodation require the hotel's prior consent in writing or text form, whereby Section 540 Paragraph 1 Sentence 2 BGB is waived unless the customer is a consumer within the meaning of Section 13 BGB is.

1.3 The customer's general terms and conditions do not apply unless something else has been expressly agreed between the parties in writing or text form.

2 CONCLUSION OF CONTRACT, PARTNER, STATUTE OF LIMITATIONS

2.1 The contract is concluded when the operator accepts the customer's booking request. The booking request can be made in writing, by telephone, verbally or in text form. The customer receives a confirmation of the room booking in text form.

2.2 All claims against the hotel generally expire one year from the start of the statutory limitation period. This does not apply to customer claims for damages. This also does not apply to customer claims that are based on an intentional or grossly negligent breach of duty by the hotel. In this case, the statutory statute of limitations applies.

3 SERVICES, PRICES, PAYMENT, OFFSETTING

3.1 The hotel 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 hotel's agreed or applicable prices for the room rental and the other services used by him. This also applies to services ordered by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel.

3.3 The agreed prices include taxes and local charges applicable at the time the contract is concluded. Local taxes that are owed by the guest according to local law, such as tourist tax, are not included. If there is a change in the statutory sales tax or the introduction, change or abolition of local taxes on the subject of the service after the contract has been concluded, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion of the contract and fulfillment of the contract exceeds four months.

3.4 Hotel invoices are due for payment immediately upon receipt without deduction. If payment by invoice has been agreed, payment must be made without deductions within seven calendar days of receipt of the invoice, unless otherwise agreed.

3.5 The hotel is entitled to demand an appropriate advance payment from the customer upon conclusion of the contract, for example in the form of a credit card guarantee or by invoice. The amount of the advance payment and the payment dates are agreed with the customer in the hotel accommodation contract. In the case of advance payments or security deposits for package tours, the legal provisions remain unaffected. If the customer defaults on payment, the statutory regulations apply.

3.6 In justified cases, for example the customer's payment arrears or an extension of the scope of the contract, the hotel is entitled to make an advance payment or security deposit within the meaning of Section 3.5 above, even after conclusion of the contract up to the start of the stay, or to increase the advance payment or security deposit agreed in the contract up to the full amount to demand the agreed remuneration.

3.7 The hotel is also entitled, at the beginning and during the stay, to demand an appropriate advance payment or security deposit from the customer within the meaning of Section 3.5 above for existing and future claims arising from the contract, unless such payment has already been made in accordance with Section 3.5 and/or Section 3.6 above was accomplished.

3.8 The customer can only offset or set off an undisputed or legally binding claim against a claim of the hotel.

3.9 The customer agrees that the invoice can be sent to him electronically.

4 CUSTOMER WITHDRAWAL, FAILURE TO USE THE HOTEL SERVICES (NO SHOW)

The customer's ability to withdraw from the contract will be agreed with the customer as part of the booking. Unless there is an agreement, the customer can withdraw from the contract concluded with the hotel up to 7 calendar days before the booking without any costs, unless a shorter withdrawal option has been expressly agreed with the customer. If the withdrawal occurs at a later date, this is excluded with the result that the full overnight price becomes due. Apart from this, the customer is entitled to withdraw if and as long as the hotel has granted him a right of withdrawal.

5 WITHDRAWAL OF THE HOTEL

5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer responds to the hotel's inquiry with appropriate deadline does not waive his right to withdraw. This applies accordingly if an option is granted if there are other requests and the customer is not prepared to make a firm booking when asked by the hotel with a reasonable deadline.

5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.5 and/or Section 3.6 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if

force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; overbookings occur through booking platforms and the guest is directly affected by this; rooms or rooms are culpably booked using misleading or false information or concealment of essential facts; The identity of the customer, the ability to pay or the purpose of the stay may be essential; the hotel has reasonable grounds to believe that the use of the service may endanger the smooth operation of the business, the security or the public reputation of the hotel, without this being the case the area of control or organization of the hotel; the purpose or reason for the stay is unlawful; there is a violation of the above-mentioned section 1.2.

5.4 The hotel's justified withdrawal does not constitute the customer's right to compensation.

6 ROOM PROVISION, DELIVERY AND RETURN

6.1 The customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed in writing or text form.

6.2 Booked rooms are available to the customer from 4:00 p.m. on the agreed arrival day. The customer has no right to earlier availability.

6.3 On the agreed departure day, the rooms must be vacated and made available to the hotel by 10:00 a.m. at the latest. Afterwards, due to the late vacating of the room, the hotel can charge 50% of the full accommodation price (price according to the price list) for its use beyond the contract until 12:00 p.m., and 100% from 3:00 p.m. This does not justify the customer's contractual claims. He is free to prove that the hotel has no or a significantly lower claim to usage fees.

7 LIABILITY OF THE HOTEL

7.1 The hotel is liable for grossly negligent or intentional damage resulting from injury to life, body or health for which it is responsible. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of the hotel's typical contractual obligations. Typical contractual obligations are those obligations that make the proper execution of the contract possible and on whose fulfillment the customer trusts and may rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in this Section 7. If disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation upon knowledge or immediate complaint from the customer. The customer is obliged to do what is reasonable for him to remedy the disruption and keep any possible damage to a minimum.

7.2 The hotel is liable to the customer for items brought in in accordance with the statutory provisions. The hotel recommends using the hotel or room safe. If the customer wishes to bring in money, securities and valuables with a value of more than 100 euros or other items with a value of more than 500 euros, this requires a separate storage agreement with the hotel.

8 FINAL PROVISIONS

8.1 Changes and additions to the hotel accommodation contract or these general terms and conditions must be in writing or text form to be effective.

8.2 The place of fulfillment and payment is the headquarters of Homekeepers OHG. If the customer meets the requirements of Section 38 Paragraph 2 ZPO or does not have a general place of jurisdiction in Germany, the place of jurisdiction is the Würzburg District Court or the Würzburg Regional Court. The agreement on the place of jurisdiction does not apply if another court has exclusive jurisdiction.

8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

8.4 In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (“OSPlatform”): http://ec.europa.eu/consumers/odr/. However, the hotel does not take part in dispute resolution procedures before consumer arbitration boards.