Our General Terms and Conditions - Boardinghouse HOME

I. Areas of validity

The following General Terms and Conditions shall apply for all guest admission contracts which are made between Boardinghouse HOME GmbH (hereafter called - Boardinghouse HOME) as the management company of Boardinghouse HOME and third parties (guests). These General Terms and Conditions are posted clearly and in public view in the reception area of our house and shall be issued to the guest if requested. They can also be download and printed up at any time via the Internet using our web site address http://www.boardinghouse-home.de/en/agbs.html
These Terms and Conditions shall also apply for any further deliveries and services rendered by Boardinghouse HOME for the guest.
The sub-letting or further letting of an apartment, as well as usage for a purpose other than that which has been agreed, shall require the prior written consent of Boardinghouse HOME. In the context of commerce with traders § 540 Paragraph 1 Clause 2 of the German Civil Code (BGB) is waived. In the Standard Apartments single and Comfort Apartments A single, the permitted occupancy is only one person, in all other categories the permitted occupancy is a maximum of two people.
Terms and Conditions of the customer shall be applied only if there has been prior agreement in writing.

II. Contract ratification, contract parties, contract liability and limitation

The contract shall come into being through the acceptance by Boardinghouse HOME of the reservation made by the guest. Boardinghouse HOME shall have the option to confirm the apartment booking in writing.
Should a third party have booked on behalf of the guest, the third party shall be liable towards Boardinghouse HOME together with the guest as a joint debtor for all liabilities arising from the guest acceptance contract. With the acceptance of the service the guest shall accept his liability towards Boardinghouse HOME.

III. Services, prices, payment, compensation

The agreed price includes the valid statutory Value Added Tax, current at the time of the utilisation of the services. Should the time between the making of the contract and the fulfilment of the contract exceed 4 months, and the price charged by Boardinghouse HOME, in general, for these services increases, then the contractually agreed price can be raised proportionately, at the most, however, by 15%. The visitor tax, to be levied and passed on to the City of Constance, shall always be invoiced to the guest separately and is not included in the agreed price.
Invoices from Boardinghouse HOME shall be payable immediately, without discount. Boardinghouse HOME is entitled to declare accrued debts due for payment at any time. In the case of default of payment Boardinghouse HOME is entitled to charge a legal rate of interest and to terminate the contract.
Boardinghouse HOME shall reserve the right to enforce further default damages.
Upon making the contract or afterwards, Boardinghouse HOME is entitled to demand an appropriate advance payment or collateral security. The amount of the advance payment and the payment deadline can be agreed in writing in the contract.
Re-bookings and changes are free of charge, where permitted, and can be carried out by each guest at his or her own responsibility using the booking confirmation buttons on the respective booking portal. For re-bookings or changes requested by email or telephone, a processing fee of € 50 per request will be charged in addition to the booking price of the rebooking or change, where approval is given by Boardinghouse HOME.
For the processing of lost property, a handling fee of € 30 shall be charged for each processing procedure, payable in advance. Shipping costs shall be invoiced separately.
The guest can only set off or reduce the agreed price with an undisputed or legally binding ascertained counter claim against a claim of Boardinghouse HOME.

IV. Withdrawal by the customer (cancellation)

Reservations are binding for the contract parties. In the case of a withdrawal by the guest from the reservation, Boardinghouse HOME shall have claim to reasonable compensation. For a cancellation of reserved apartments and/or services, Boardinghouse HOME has the option, instead of a specifically calculated compensation sum, to claim damages from the guest in the form of a compensation payment for the cancellation according to the following relevant conditions:

For reservations and changes, the booking portal guidelines of the respective booking agreement agreed with the booking shall take precedence. Cancellation free of charge is excluded unless agreed otherwise. In the case of a cancellation, or with a failure of arrival of the guest, 90% of the contractually agreed price shall be charged as a cancellation fee. The guest shall have the option to provide proof that Boardinghouse HOME has suffered no damage or that the damages arising are less than the compensation payment demanded.
If Boardinghouse HOME has calculated the compensation specifically, the total of the compensation sum can be, as a maximum, the amount of the contractually agreed price for the services to be rendered by Boardinghouse HOME minus the expenses saved by Boardinghouse HOME as well as any amount accruing to Boardinghouse HOME through alternative usage of the reserved services.
If, within the contract, Boardinghouse HOME has conceded the guest an option to withdraw from the contract within a specified deadline without further legal consequences, then Boardinghouse HOME shall have no claim to compensation. The date of receipt by Boardinghouse HOME is decisive for the punctuality of the cancellation. The guest must declare the withdrawal in text form.
If Boardinghouse HOME has agreed with the hotel reservation system used by the customer (e.g. Hrs.com; booking.com etc.) more favourable cancellation terms for the customer, then these shall apply.
In the case of premature departure after completing the Check-in process a refund of the agreed price for all the booked services is precluded.

V. Withdrawal by Boardinghouse HOME

Insofar as a right of withdrawal for the customer within a specific deadline has been agreed in text form, Boardinghouse HOME, from its side, is entitled to withdraw from the contract within this period if inquiries from other customers regarding the contractually booked apartments arise and the customer does not relinquish his right of withdrawal at the request of Boardinghouse HOME within a set period.
If an agreed advance payment has not been made within the time agreed, then Boardinghouse HOME shall likewise be entitled to withdraw from the contract.
Furthermore, Boardinghouse HOME is entitled to make an extraordinary withdrawal from the contract for materially justifiable reasons, for example
. in the case of force majeure or other circumstances out of the control of Boardinghouse HOME which would make the fulfilment of the contract impossible;
. if apartments are booked using a misleading or false submission of material facts, e.g. regarding the person of the customer, or the purpose;
. if Boardinghouse HOME has reasonable cause to assume that the use of the services can endanger the smooth business operation, the security, or the reputation of the house in public, without this being attributable to the dominion or the organisational area of Boardinghouse HOME;
. a violation of Clause I Paragraph 3 of these General Terms and Conditions exists.
In the case of justifiable withdrawal by Boardinghouse HOME no claim for damages by the customer shall arise. In the case of claims for damages against Boardinghouse HOME statutory provisions shall apply.

VI. Apartment availability, handover and return

The guest shall not be entitled to the allocation of any specific apartments.
Standard and Comfort A single apartments may only be occupied by one person, and all other apartment categories only by a maximum of two people. In case of over-occupancy, flat-rate compensation of € 100/person/night will be charged without prejudice to the assertion of greater damage and without prejudice to the rights under V. No. 3 items 2-4. The guest is at liberty to prove that Boardinghouse HOME has not incurred any damage or that the damage incurred is lower than the flat-rate compensation demanded.
Booked apartments shall become available to the guest from 3.00 p.m. on the agreed day of arrival. The guest shall not be entitled to an earlier availability.
On the agreed day of departure the apartments shall be vacated by the guest and made available to Boardinghouse HOME at the latest by 11.00 a.m. After this time Boardinghouse HOME can invoice him for the damages arising as a result of the additional use of the apartments - up to 6.00 p.m. 50% of the full accommodation price (list price), from 6.00 p.m. 100%. The guest shall have the option to prove that Boardinghouse HOME has not suffered any loss, or that the losses are significantly lower.
In order to extend the registered period of stay a new reservation must be made. An implied extension of the reservation is precluded. The failure of the guest to depart at the proper time shall constitute unlawful infringement. Boardinghouse HOME is entitled, insofar as it makes use of the right of self-redress, to take possession of the apartment and the items brought in by the guest within the scope of a lien, and to provisionally store them at his expense and risk, in a storage room.
Long-term guests (staying for more than 28 nights) are required to carry out an apartment inspection together with a representative of Boardinghouse HOME and to hand over the apartment 1 – 2 days before their departure. Otherwise the findings of Boardinghouse HOME in respect of the condition of the rented property on the day of departure shall be valid as binding.

VII. Liability of the guest

The guest shall be liable to Boardinghouse HOME for losses and damage which have arisen during the period of the contract unless the damage demonstrably lies within the sphere of the responsibility of Boardinghouse HOME, or is caused by a third party, who also pays actual damages.
If Boardinghouse HOME should procure technical or other equipment from third parties for the guest, it shall act on the authority and on the account of the guest; he shall be liable for the careful handling and proper return of the equipment and shall indemnify Boardinghouse HOME from any claims by third parties arising from the transfer.
The necessary official permissions for an event must be obtained by the guest in good time and at his own cost. It is incumbent upon him to comply with the public law requirements and other regulations. He must pay all duties arising from the event which are payable to third parties, in particular the GEMA fees, entertainment tax etc. direct to the creditor.

VIII. Liability of Boardinghouse HOME, limitation

Boardinghouse HOME is liable to exercise the due diligence of an ordinary trader. However, in non-typical services areas this liability is limited to defects in performance, damage, consequential damage or disturbances which are due to the intention or gross negligence of Boardinghouse HOME. Should disturbances or defects in performance of Boardinghouse HOME arise, Boardinghouse HOME is to act to rectify this without delay as soon as it becomes known or is reported by the guest. The guest is obligated to contribute to a reasonable degree to rectify the disruption and to keep possible damage to a minimum.
Boardinghouse HOME has liability for items brought in by the guest according to statutory provisions, that is to say, up to 100 times the price of a room for one day, to a maximum of € 3500.- as well as for money, securities and valuables, up to a maximum of € 800.-. The liability claims shall expire if the guest, after gaining knowledge of the loss, destruction or damage does not immediately notify Boardinghouse HOME (§ 703 of the German Civil Code - BGB).
Clause 2 shall not apply if Boardinghouse HOME or its staff are responsible for culpable damage.
If the guest has had a parking space made available for his use in the underground garage, this does not constitute a contract of safekeeping, even if a fee has been charged. With the loss or damage of parked or manoeuvring vehicles and their contents on the premises Boardinghouse HOME shall not be liable, except in the case of intent or gross negligence. This shall also apply for agents of Boardinghouse HOME.
Wake-up services shall be performed by Boardinghouse HOME with the greatest of care. Claims for damages for reasons of erroneous implementation, except in the case of gross negligence or intent, are precluded.
Messages, post and shipments for the guests shall be handled with diligence. Boardinghouse HOME shall undertake the delivery, storage and – upon request and at a charge, the forwarding of the same. Claims for damages for reasons of erroneous implementation, except in the case of gross negligence or intent, are precluded.
The period of limitation for all claims by the guest shall be 1 year. The period begins with the expiry of the booking deadline. The guest is however obligated to avoid every incidence of damage, and to report claims to Boardinghouse HOME immediately.
The above conditions shall apply to the benefit of Boardinghouse HOME including the breach of obligations with the initiation of the contract and positive breach of contract.
Objections to telephone invoices can only be raised within two weeks after receipt.
The above limitations of liability do not apply to damages from injury to life, body or health which are based on a negligent breach of duty by Boardinghouse HOME or on intentional or negligent breach of duty by a legal representative or vicarious agent of Boardinghouse HOME.

IX. House Rules

It is forbidden to bring animals into the buildings and onto the grounds of Boardinghouse HOME.
Boardinghouse HOME is a no smoking house. Smoking is therefore prohibited in all rooms, including all apartments, terraces and balconies. Smoking is only permitted in front of the covered main entrance, taking into account the quiet time from 10 p.m. to 6 a.m. daily.
Should the guest commit culpable infringements of the law whilst using the Boardinghouse HOME Internet portal, he must indemnify Boardinghouse HOME from any claim by third parties.
Use of all balconies and terraces is permitted from 8.00 a.m. to 10.00 p.m. daily. The use of balconies and terraces is strictly prohibited from 10 p.m. to 8 a.m.
Parking spaces in the underground car park can only be booked in connection with a reservation for an apartment and only for the period of use of the apartment. Subsequent booking is not possible. Use of the underground parking space before booking is excluded.
Access to the underground car park by motor vehicles (motorbikes, mopeds, scooters, cars up to 2m total height) is only permitted with prior booking of an underground car park space. It is strictly forbidden to drive into the underground car park for the purpose of loading and unloading.
Bicycles may only be parked in the designated bicycle parking spaces (short-term spaces: to the right of the staircase to the main entrance) and in the underground car park (at the end of the main lane on the left). Bicycles are not permitted in the apartments, corridors, staircases, lifts, lobby, vestibule or building entrances/paths outside.
In the case of a culpable infringement of one of the conditions in clauses 1-7 above, Boardinghouse HOME can demand a flat-rate damages charge of € 100 from the guest. It shall be left to the guest to prove that Boardinghouse HOME has suffered no damage, or lesser damage. The enforcement of additional damages and termination of the guest admission contract without notice for exceptional reasons shall remain reserved in these cases.

X. Final Provisions

Any amendments or additions to the guest admission contract, the acceptance proposal, or these General Terms and Conditions are to be made in writing. A waiver of the written form requirement is likewise to be made in writing.
The place of fulfilment and payment is the head office of Boardinghouse HOME.
The exclusive place of jurisdiction is the head office of Boardinghouse HOME, when the purchaser or the guest is a merchant in the sense of commercial law. Insofar as a contractual partner has no place of general jurisdiction in Germany, the head office of Boardinghouse HOME shall be the place of jurisdiction as expressly agreed.
The law of the Federal Republic of Germany shall apply.
Should any individual condition of these General Terms and Conditions be, or become, ineffective, this shall not affect the effectiveness of the remaining conditions. The ineffective condition is to be replaced with a corresponding condition which comes close to the original intention. All legal requirements shall otherwise apply.

As at: 31st May 2022