ALL­GE­MEI­NE GE­SCHÄFTS­BE­DIN­GUN­GEN

1.1 These general terms and conditions apply to the contractual relationships regarding the rental of apartments or hotel rooms for accommodation (hereinafter: "Apartment") and conference, banquet, and event rooms for events such as banquets, seminars, conferences, etc. (hereinafter: "Event Room" and "Event Rooms"), as well as all other services and deliveries provided to the customer in this context (hereinafter: "Contract") by hood house GmbH (hereinafter: "Apartment Provider"). They do not apply to package tours within the meaning of Section 651a of the German Civil Code (BGB). The term "Accommodation Contract" includes and replaces the following terms: guest accommodation, hotel, hotel accommodation, hotel room, accommodation, and event contract.

1.2       Die Unter- oder Weitervermietung der Apartments sowie deren Nutzung zu anderen als Beherbergungszwecken bedürfen der vorherigen Zustimmung des Apartmentanbieters in Textform, wobei das Recht zur Kündigung gemäß § 540 Absatz 1 Satz 2 BGB abbedungen wird. 

1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in writing.

The contracting parties are the apartment provider and the customer. The accommodation contract is concluded upon acceptance of the customer's application by the apartment provider. In the case of booking via the apartment provider's website, the contract is concluded upon clicking the "Book bindingly" button.

3.1 For the proper execution of the accommodation contract and in view of the statutory registration obligations under the Federal Registration Act, the customer is obliged to provide the apartment provider with the following information (the "Required Information") completely and truthfully:

• Datum der Ankunft und der voraussichtlichen Abreise,
• Vorname und Familienname,
• full address,
• Number of people traveling with you,
• Birth date.

3.2 By making a binding booking in accordance with Section 2 of these Terms and Conditions, the customer confirms that the information provided is complete and correct and undertakes to notify us of any changes immediately.

3.3 If the customer does not provide the required information in a timely manner, completely and correctly, the apartment provider is entitled to cancel the accommodation contract and withdraw from the provision of the service in accordance with Section 6.3.

4. SERVICES, PRICES, PAYMENT, SET-OFF

4.1 The apartment provider is obligated to provide an apartment of the apartment category booked by the customer or the event room booked by the customer and to provide the agreed services.

4.2 The customer is obligated to pay the agreed or applicable prices of the apartment provider for the rental of the apartment or event space and any other services used by the customer. This also applies to services commissioned by the customer directly or through the apartment provider, which are provided by third parties and paid for by the apartment provider.

4.3 The agreed prices include taxes and local charges applicable at the time of contract conclusion. Local charges that are payable by the customer under the respective municipal law, such as tourist tax, are not included. If the statutory sales tax changes or if local charges on the service are introduced, amended, or abolished after contract conclusion, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between contract conclusion and contract fulfillment exceeds four months.

4.4 If payment by invoice has been agreed, payment must be made without deduction within ten days of receipt of the invoice, unless otherwise agreed.

4.5 The apartment provider is entitled to request an appropriate advance payment or security deposit from the customer upon conclusion of the contract, for example, in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract. In the event of default by the customer, the statutory provisions apply.

4.6 In justified cases, for example, if the customer is in arrears with payment or if the scope of the contract is extended, the apartment provider is entitled, even after the conclusion of the contract and up to the start of the stay, to demand an advance payment or security deposit within the meaning of section 4.5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

4.7 The apartment provider is further entitled to request an appropriate advance payment or security deposit from the customer at the beginning and during the stay as defined in clause 4.5 above for existing and future claims arising from the contract, unless such payment has already been made in accordance with clause 4.5 and/or 4.6 above.

4.8 The customer may only offset or set off a claim against a claim of the apartment provider if the claim is undisputed or has been legally established.

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

5.1 A unilateral termination of the contract concluded with the apartment provider by the customer is only possible if a right of withdrawal has been expressly agreed in the contract or if a statutory right of withdrawal or termination exists.

5.2 If a date for free withdrawal from the contract has been agreed between the apartment provider and the customer, the customer may withdraw from the contract up to that date without triggering any payment or compensation claims from the apartment provider. The customer's right of withdrawal expires if they do not exercise it in writing to the apartment provider by the agreed date.

5.3 If a right of withdrawal has not been agreed or has already expired, and if there is no statutory right of withdrawal or termination, the apartment provider retains the right to the agreed remuneration despite non-use of the service. The apartment provider must deduct any income from renting the apartment or event space to other parties, as well as any saved expenses. If the apartment or event space is not rented to other parties, the apartment provider may deduct a lump sum for saved expenses. In this case, the customer is obligated to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast, or for the use of the event space, as well as for package arrangements with third-party services. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise to the required amount.

5.4    If the customer fails to arrive without prior cancellation on their part, the apartment provider is entitled to charge the full invoice amount (100%) for at least the first night. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.

6.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the apartment provider is entitled to withdraw from the contract during this period if other customers request the contractually booked apartment or event space and the customer does not waive their right of withdrawal upon request from the apartment provider within a reasonable period of time. This applies accordingly if an option is granted if other requests are received and the customer is not prepared to make a firm booking upon request from the apartment provider within a reasonable period of time.

6.2 If an advance payment or security deposit agreed or requested in accordance with clause 4.5 and/or clause 4.6 is not made even after the expiry of a reasonable grace period set by the Apartment Provider, the Apartment Provider shall also be entitled to withdraw from the contract.

6.3 Furthermore, the apartment provider is entitled to withdraw from the contract for objectively justified reasons, in particular if 

force majeure or other circumstances beyond the control of the apartment provider make it impossible to fulfill the contract;

an apartment or event room/apartments or event rooms are booked under misleading or false information or by concealing necessary

information (within the meaning of clause 2) or other essential facts, or if the necessary information is not provided completely and correctly in a timely manner; in particular, the identity of the customer, solvency, or the purpose of the stay may be essential; 

the apartment provider has justified reasons to believe that the use of the service could jeopardize the smooth operation of the business, the security

or the public reputation of the apartment provider, without this being attributable to the sphere of influence or organization of the apartment provider;

the purpose or reason for the stay is illegal;

there is a violation of the above clause 1.2.

6.4    The justified withdrawal of the apartment provider does not entitle the customer to claim damages. If, in the event of withdrawal in accordance with clauses 6.2 or 6.3 above, the apartment provider has a claim for damages against the customer, the apartment provider may

7.1 The customer does not acquire any right to the provision of a specific apartment unless this has been expressly agreed in writing.

7.2 The booked apartment is available to the customer from 3:00 PM on the agreed arrival date. The customer has no right to earlier availability.

7.3 On the agreed departure date, the apartment must be vacated and made available to the apartment provider by 11:00 a.m. at the latest. After this time, the apartment provider may charge 50% of the full accommodation price (price according to the price list) for the use of the apartment beyond the agreed departure date until 4:00 p.m., and 90% from 4:00 p.m. onwards. This does not constitute grounds for contractual claims by the customer. The customer is free to prove that the apartment provider has no or a significantly lower claim to usage fees.

8.1        Der Apartmentanbieter betreibt ausschließlich Nichtraucherapartments bzw. -veranstaltungsräume. In den Apartments bzw. Veranstaltungsräumen sind entsprechende Hinweisschilder aufgestellt. Ebenso finden sich Hinweise in der virtuellen Gästemappe, auf allen Webseiten des Apartmentanbieters sowie in den Apartment-Informationsseiten der Buchungsportale, über das das Apartment bzw. der Veranstaltungsraum buchbar ist. Verstößt ein Kunde gegen das Rauchverbot, ist der Apartmentanbieter berechtigt ein Strafgeld über 250 Euro zur Grundreinigung zu erheben. Dieses Strafgeld ist sofort fällig. Der Apartmentanbieter ist berechtigt ein sofortiges hausverbot zu verhängen. Schadensersatz des Kunden besteht in diesem Fall nicht. 

8.2        Haustiere dürfen nur nach vorheriger schriftlicher Zustimmung seitens des Apartmentanbieters und gegen Berechnung mitgebracht werden.

9.1        Der Apartmentanbieter haftet für von ihm zu vertretende Schäden aus der Verletzung des Lebens, des Körpers oder der Gesundheit. Weiterhin haftet er für sonstige Schäden, die auf einer vorsätzlichen oder grob fahrlässigen Pflichtverletzung des Apartmentanbieters beziehungsweise auf einer vorsätzlichen oder fahrlässigen Verletzung von vertragstypischen Pflichten des Apartmentanbieters beruhen. Vertragstypische Pflichten sind solche Pflichten, die die ordnungsgemäße Durchführung des Vertrages erst ermöglichen und auf deren Erfüllung der Kunde vertraut und vertrauen darf. Einer Pflichtverletzung des Apartmentanbieters steht die eines gesetzlichen Vertreters oder Erfüllungsgehilfen gleich. Weitergehende Schadensersatzansprüche sind, soweit in dieser Ziffer 9 nicht anderweitig geregelt, ausgeschlossen. Sollten Störungen oder Mängel an den Leistungen des Apartmentanbieters auftreten, wird der Apartmentanbieter bei Kenntnis oder auf unverzügliche Rüge des Kunden bemüht sein, für Abhilfe zu sorgen. Der Kunde ist verpflichtet, das ihm Zumutbare beizutragen, um die Störung zu beheben und einen möglichen Schaden gering zu halten. 

9.2 The apartment provider is liable to the customer for any property brought into the apartment in accordance with statutory provisions. The apartment provider recommends using the apartment safe. If the customer wishes to bring in money, securities, and valuables with a value exceeding €800, or other items with a value exceeding €3,500, this requires a separate storage agreement with the apartment provider.

9.3 If a parking space is provided to the customer in the apartment provider's garage or parking lot, even for a fee, this does not constitute a safekeeping contract. In the event of loss or damage to motor vehicles parked or maneuvered on the apartment provider's property and their contents, the apartment provider shall be liable only in accordance with the above Section 9.1, sentences 1 to 4.

9.4 Wake-up calls will be carried out by the apartment provider with the utmost care. Messages for customers will be handled with care. The apartment provider may, after prior consultation with the customer, accept, store, and—upon request—forward mail and goods for a fee. The apartment provider's liability in this regard is limited to the provisions of Section 1, Sentences 1 to 4 above.

If the apartment provider offers breakfast as an optional service, the customer is not permitted to eat, serve, or offer their own food in the breakfast room to other customers. Exceptions include foods specifically designed for the customer or dietary supplements that the customer must consume as part of a diet, food intolerance, or allergy. Consumption of these foods and supplements must be agreed upon in advance with the apartment provider. Taking food and drinks from the breakfast restaurant is not permitted.