Allgemeine Geschäftsbedingungen

General terms of business

I. Area of application

1. These terms and conditions apply to contracts for the rental of furnished apartments for accommodation, as well as all other services and deliveries provided for the customer by the provider.

2. The subletting or re-letting of the rented apartments as well as their use for other than

accommodation purposes, requires the prior written consent of the Provider.

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

Deviations from these terms and conditions are only effective if the provider expressly confirms them in writing.

II. Conclusion of contract, -partner; limitation period

1. The contract is concluded by the acceptance of the customer’s application by the provider. Only when the request has been confirmed in writing or by email by BMP Betriebs GmbH does a contract come into being.

2. The contracting parties are BMP Betriebs GmbH and the customer. If a third party has placed an order on behalf of the customer, the third party is liable to the supplier together with the customer

as joint and several debtor for all obligations arising from this contract, provided the supplier has a corresponding declaration from the third party.

3. The customer is obliged to check the booking confirmation for correctness. If the content of the booking confirmation deviates from the booking request and the customer does not immediately raise objections to this, the content of the booking confirmation is deemed to be contractually agreed.

4. All claims against the Provider are generally subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB. Claims for damages become statute-barred after five years, irrespective of knowledge. The shortening of the statute of limitations does not apply to claims based on an intentional or grossly negligent breach of duty by the provider.

III. Services, prices, payment, offsetting

1. The Provider is obliged to keep the apartments booked by the customer ready and to provide the agreed services. We reserve the right to deny accommodation to persons.

2. The Client is obliged to pay the applicable or agreed prices of the Provider for the provision of the Apartment and other services used by the Client. This also applies to services and expenses of the Provider to third parties initiated by the Customer.

3. The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the fulfilment of the contract exceeds four months and if the price generally charged by the Provider for such services increases, the Provider may raise the contractually agreed price appropriately, but by no more than 10%.

4. The prices can also be changed by the Provider if the Customer subsequently requests changes in the number of apartments booked, the Provider’s services or the length of stay of the guests and the Provider agrees to this.

5. The customer is obliged to provide true information about the number of people using the apartments. The apartment is available for the maximum number of persons mentioned in the booking confirmation. An occupancy with a larger number of people requires the prior written consent of the provider. In this case, the price of the apartment will increase accordingly.

6. The payment of the agreed price for the transfer of the apartment and other agreed services is due for the first month at the latest two weeks before arrival. If you arrive before the 15th of a month, the amount for the period until the end of the month is due. If you arrive after the 15th of a month, the amount for the period to the end of that month and the full next month is due, so in total the amount for the price of 1,5 month . For a stay of six weeks or less, the full amount is due until two weeks before arrival. The invoice will be issued after sending the booking confirmation. If the provider cannot determine receipt of payment up to two weeks before arrival and if this payment is not made even after expiry of a reasonable period of grace set by the provider with the threat of rejection, the provider is entitled to withdraw from the contract. He must inform the guest of this in writing.

7. For a stay of more than 6 weeks, payments for the following months are always due for one month in advance. The invoice for the next month is issued at the beginning of the month. The invoice is due on the 15th for the following month. If the Provider cannot determine receipt of payment by the 15th, and if this payment is not made even after expiry of a reasonable grace period set by the Provider with the threat of rejection, the Provider is entitled to withdraw from the contract. He must inform the guest of this in writing.

8. The customer can only offset or reduce a claim of the provider with an undisputed or legally binding claim.

IV. General rights and obligations

1. The customer must treat the apartment and its inventory with care. Furthermore, the customer is obliged to observe the house rules. The night rest from 22.00 o’clock to 7.00 o’clock is to be kept.

2. When leaving the apartment, the Client is obliged to keep windows and doors closed, switch off all technical devices and lights and adjust the radiators to low level.

3. The accommodation of animals requires a written consent of the provider. An appropriate surcharge may be demanded.

4. There is a general smoking ban in the apartments. In case of violation, the guest may be charged a cleaning flat rate of up to 500.00 €. Smoking is only allowed on balconies and terraces.

5. The provider has the right of access to the apartment at any time. This applies in particular in case of imminent danger. The guest’s interests worthy of protection shall be taken into account appropriately when exercising the right of access. The Provider shall inform the Customer in advance about the exercise of the right of access, unless this is unreasonable or impossible for the Customer under the circumstances of the individual case.

V. Withdrawal of the customer (i.e. cancellation) / Non-use of the services of the provider

1. A withdrawal of the customer from the contract concluded with the provider requires the written consent of the provider. If this does not take place, the agreed price from the contract is to be paid even if the customer does not make use of contractual services. This does not apply in case of violation of the Provider’s obligation to consider the rights, legal assets and interests of the Customer, if it is no longer reasonable to expect the Customer to adhere to the contract or if the Customer has any other legal or contractual right of withdrawal.

2. The customer can cancel the booking free of charge with a notice period of two weeks to the end of the month. A later cancellation will incur a 100% cancellation fee. Cancellation by the customer must be made in writing to the provider. The customer’s right to cancel expires if he does not exercise his right to cancel in writing to the hostel by the agreed date.

VI. Withdrawal of the provider

1. If a right of withdrawal with no charge of the customer within a certain period was agreed upon in writing, the offerer is entitled for his part to withdraw from the contract during this period, if there are inquiries of other customers about the contractually booked apartment and the customer does not waive his right of withdrawal on inquiry of the offerer.

2. If the agreed amount according to clause III No. 6 and 7 is not paid even after a reasonable grace period set by the Provider has expired, the Provider is entitled to withdraw from the contract.

3. Furthermore, the provider is entitled to withdraw from the contract for objectively justified reasons, for example if:

force majeure or other circumstances beyond the control of the provider make the fulfilment of the contract impossible;
apartments are booked under misleading or false statement of essential facts, e.g. in the person of the customer or the purpose;
the Provider has reasonable cause to believe that the use of the services may jeopardise the smooth running of the business, the safety or the public reputation of the business, without this being attributable to the control or organisational area of the business.
there is a breach of the above clause I Nr. 2.

4. The provider is also entitled to withdraw from the contract in case of non-appearance of the guest.

5. In general, the provider is entitled to withdraw from the contract with a period of two weeks to the end of the month.

6. The house rules are part of the AGB. With offence against the house rules the offerer is entitled to quit the contract without notice.

7. With entitled resignation of the offerer no claim of the customer on compensation arises.

VII. Provision, handover and return of the apartment

1. The customer does not acquire any claim to the provision of specific apartments. The provider decides on the allocation based on availability. Deviations from the booked type of apartment do not entitle the customer to claim for damages.

2. Booked apartments are available to the customer from 15.00 hours on the agreed day of arrival. The customer has no claim to earlier provision. Arrivals after 18.00 o’clock are only possible after prior arrangement.

3. On the agreed day of departure, the apartments must be vacated and made available to the Provider by 11.00 a.m. at the latest. After this time, the Supplier may charge 50% of the full accommodation price (list price) for the delayed vacating of the apartment for its use beyond the scope of the contract.

Contractual claims of the Customer shall not be justified by this. The customer is free to prove that the Provider has no or a significantly lower claim for usage fees. The eviction is only considered as effected when all keys have been handed over to the provider or his representative.

VIII. Agreement on the use of Internet access

1. The owner operates an internet access via WiFi in the apartments. Codes for using the Wifi can be purchased. The shared use is a service of the owner and can be revoked at any time. The guest is not entitled to allow third parties to use the WiFi. The owner does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. He is entitled at any time to completely, partially or temporarily suspend the operation of the WiFi and to limit or exclude the guest’s access completely, partially or temporarily. In particular, the owner reserves the right to block access to certain pages or services at his own discretion and at any time. The co-user alone is responsible for creating all technical and organizational prerequisites for using the WiFi.

2. The access data is only for the personal use of the guest and may not be passed on to third parties under any circumstances. The guest undertakes to keep his access data secret. The owner has the right to change access codes at any time.

3. The guest is advised that the WiFi only allows access to the Internet. Virus protection and firewalls are not available. The Owner expressly points out that there is a risk that malicious software could get onto the end device when using the WiFi. The use of the WLAN is at the guest’s own risk and at his own risk. The proprietor shall not be liable for any damage to the guest’s terminal device resulting from the use of the Internet access, unless the damage was caused by the proprietor intentionally or through gross negligence.

4. The guest is responsible for the data transmitted via the WiFi, the services used and the legal transactions carried out. If the guest visits chargeable internet pages or enters into liabilities, the resulting costs are to be borne by the guest.

5. the guest is obliged to comply with the applicable law when using the WiFi. The guest indemnifies the owner from all damages and claims of third parties, which are based on an illegal use of the WLAN by the guest and/or on a violation of these agreements, this also extends to costs and expenses in connection with the use or its defense. If the guest recognizes or must recognize that such a violation of rights and/or such a violation exists or threatens to exist, the guest shall inform the owner of this circumstance.

IX. Liability

1. Notifications of damage or loss must be made immediately. The liability of BMP Betriebs GmbH is limited to the statutory provisions. The guest’s valuables, jewellery or cash are not the responsibility of the provider.

2. For damage to the apartment, the building or the inventory, which is caused negligently or intentionally, the guest is obliged by the provider to pay compensation. Lost keys will be charged with 50 € and have to be paid cash or by credit card at departure.

X. Data Protection

1. The personal data provided by the guest will not be passed on to third parties by BMP Betriebs GmbH unless this is necessary for the execution of the contract.

XI. Final provisions

1. Amendments or additions to the contract, the acceptance of applications or these terms and conditions of business should be made in writing. Unilateral changes or additions by the customer are invalid.

2. Printing and calculation errors on this website are reserved.

3. Place of performance and jurisdiction is Flensburg.

4. The contract is exclusively subject to the law of the Federal Republic of Germany.

XII. Severability Clause

Should individual provisions of these General Terms and Conditions of Business be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the rest of the contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effect comes as close as possible to the economic objective which the contracting parties pursued with the invalid or unenforceable provision.

The above provisions shall apply accordingly in the event that the contract proves to be incomplete.