General terms and contractual conditions (GTC) Refugium de Luxe
( As of January 2017)
1. Scope of application
1.1 – The general terms and conditions of the Refugium de Luxe govern exclusively the business relations between Refugium de Luxe, owner Gunter Richartz e.K., the customer and (if different) the actual user of the premises. The business relationship includes the assignment of premises for temporary use as well as all other related services of Refugium de Luxe.
1.2 – Customers are the ones who order major services (renting premises) in their own name, irrespective of whether or not they personally use these services. Namely, customers are therefore also companies that make bookings and orders for their employees. Users are those who actually use the rooms and other related services of Refugium de Luxe.
1.3 – Refugium de Luxe does not recognize the GTC of a customer which are contrary to our GTC, unless Refugium de Luxe would have expressly agreed.
2. Conclusion of contract
2.1 – Advertising presentations of the premises and services of Refugium de Luxe do not represent a legally binding offer, but merely inform about the services and products of Refugium de Luxe and shall give the customer the possibility to issue a legally binding offer (booking inquiry).
2.2 – A contract with Refugium de Luxe usually comes into existence by means of an acceptance (booking confirmation) from Refugium de Luxe, alternatively by the provision of a room/apartment.
2.3 – If the booking customer is not the user at the same time, the customer and the user are joint debtors to Refugium de Luxe for the obligations arising from the contractual relationship and all related services.
2.4 – Each customer is obligated to forward all information relevant to the booking, in particular this GTC, to the user (if different).
2.5 – The items decisive for the content of bookings and orders are in the following order
2.5.1 – the booking confirmation
2.5.2 – other agreements between the customer and Refugium de Luxe.
2.6 – If the customer is an entrepreneur, the written booking confirmation (also by e-mail, SMS) from Refugium de Luxe is decisive for the content of bookings, provided the customer does not immediately object in writing. This applies in particular to verbal or telephone orders and agreements. A statement to Refugium de Luxe is in any case no longer immediate if it has not been received within seven days.
2.7 – Orders or assignments for individual services issued by a user are generally regarded as issued in the name and on the account of the customer. This does not apply if the order is expressly made on the user’s own account, or specific rules between customer and Refugium de Luxe have been made regarding the procedure for any individual orders of a user. These special agreements require the written form or the written confirmation by Refugium de Luxe and are otherwise not valid.
3. Services, prices, payments, offsets
3.1 – Refugium de Luxe shall provide the agreed services in accordance with these provisions. There is no entitlement to the provision of certain rooms/apartments or premises. Unless this is the subject of the contractual agreement. If premises promised in the booking confirmation are not available for reasons beyond the control of Refugium de Luxe, Refugium de Luxe may offer equivalent substitutes available in the house. Any further claims of the renter are excluded.
3.2 – The customer is obliged to pay the agreed price to Refugium de Luxe for the assignment of the premises as well as other services and supllies. A permanent residential use of rooms/apartments is not permitted.
3.3 – The prices for other services are determined according to the price list of Refugium de Luxe, which is valid at the time of providing the service, including the statutory value-added tax (VAT). If a price has been stipulated in the booking confirmation, it is decisive.
3.4 – The prices can be changed by Refugium de Luxe, if the customer wishes to make subsequent changes to the number of booked apartments, services, the length of stay or number of users and Refugium de Luxe has agreed in writing.
3.5 – Refugium de Luxe may demand an advance payment and/or provision of security upon booking. The same applies to orders from users (unless different from the customer).
3.6 – The payment is to be paid before the beginning of the use. Customers who use Refugium de Luxe rooms/apartments as part of a professional activity (business customers within Germany) have the possibility to enter into a credit agreement under certain conditions (positive solvency and minimum stay of 14 days). Invoices sent pursuant to this credit agreement shall be payable within 14 days of the invoice date.
3.7 – The customer is in default at the latest if the payment is not received within 14 days after receipt of invoice.
3.8 – Refugium de Luxe expressly reserves the right to use any guarantees for the repayment of outstanding claims. Furthermore, Refugium de Luxe is entitled to issue interim invoices and to demand payment during the customer's stay.
3.9 – The customer is only entitled to counterclaims for offsetting if these are indisputable or legally binding. The same applies to rights of retention.
3.10 – The conveyance of claims and rights of the customer against Refugium de Luxe to third parties requires the written consent of Refugium de Luxe.
4. Cancellation/rescission by the customer
4.1 – A cancellation of the contract is only possible if this has been expressly agreed in the contract as well as in accordance with section 4.2 of this GTC.
4.2 – The customer is entitled to cancel or rescind the order as follows:
4.2.1. – Up to 30 days before the start of the service period (arrival day) without payment obligations of the customer.
4.2.2 – From 30 days before the start of the service period, reduction of the customer's payment obligations to 80% of the value of the services ordered.
4.3 – With the beginning of the service period, cancellation is no longer possible.
4.4 – The cancellation is to be issued in written form.
4.5 – Decisive for the timeliness of the cancellation, as far as it is time period-bound, is the receipt of the cancellation at Refugium de Luxe.
4.6 – Refugium de Luxe will endeavor to provide other services which are not used within the scope of normal business activities. If Refugium de Luxe succeeds in the other assignment of the services, Refugium de Luxe will allow this income to be offset against the customer's remuneration.
4.7 – The customer has the duty to prove that Refugium de Luxe has suffered no or less damage. In this case, the customer is only obligated to reimburse the lower damages.
5. Provision of rooms/apartments, handing over and returning, animal keeping
5.1 – Booked rooms/apartments are available to the customer from 3 pm on the day of arrival. The customer is not entitled to any earlier provision. With payment receipt, the customer receives his personal access code to a room/apartment according to the booked category. The access code is sent by SMS and by e-mail, according to the information entered by the customer in the booking. The access code is valid on the day of arrival from 3 pm until the booked day of departure until 11 am. Before or after this period, the personal code is not valid for access.
5.2 – Subletting or reletting of rooms/apartments is excluded. The usage of the rooms/apartments with more than the booked number of guests requires the written consent of Refugium de Luxe and is charged with an appropriate surcharge.
5.3 – The user is obligated to fill in and sign the registration form in the room/apartment immediately upon arrival. The registration form is to be left in the room well visible on departure.
5.4 – All rooms/apartments are non-smoking. Pets are not allowed in the hotel unless there is prior written consent by Refugium de Luxe and my result in extra charge. The consent is revocable at any time. In particular, it may be revoked if disturbances of the operational procedures are caused by the animal or other guests feel disturbed by the animal. The revocation of consent does not affect the continuation of the contract, in particular there is no grounds for cancellation or withdrawal. The customer is liable for the animals he has brought with him according to the rules on the keeping of animals.
5.5 – The departure must take place no later than 11 am on the day of departure. At this time, the room/apartment must be vacated. For the use of the room/apartment on the departure day after 11 am for a period of up to two hours, the customer is obliged to make an additional payment of 50 €. From 1 pm onwards, the full room price, according to the then valid price, must be paid instead of the lump sum of 50 € for the duration of further use.
5.6 – An extension of the stay beyond the agreed/booked period is only possible with a new reservation via the website of Refugium de Luxe, if available.
6. Cancellation by Refugium de Luxe and termination without notice
6.1 – Refugium de Luxe may cancel a contract for good cause. A good cause is in particular when:
6.1.1 – the customer is in default of payment or security measures are not observed as agreed;
6.1.2 – force majeure, strike, disruptions of operations or other circumstances beyond the control of Refugium de Luxe that render the fulfillment of the contract impossible;
6.1.3 – booking occurred under misleading or false statements of relevant facts, for example, the identity of the customer;
6.1.4 – there is reason to believe that the stay may jeopardize the smooth operation, security or reputation of the business in public, without being attributable to the domain of the company or the organization;
6.1.5 – unauthorized subletting or reletting of the premises occured.
6.2 – Cancelation for good reasons requires the written form stating the reason for the cancelation. Claims for damages and expenditures of Refugium de Luxe shall remain unaffected by the cancelation.
6.3 – The customer is entitled to cancel the contract for good reasons,
6.3.1 – in the event of a significant deficiency of the rented property, so that the rented property cannot be used or only be used to a limited extent;
6.3.2 – if culpable breaches of duty by Refugium de Luxe or its employees occured, which make the continuation of the contractual relationship appear unreasonable.
6.4 – The cancelation by the customer requires the written form and the respective reason for the cancelation must be stated.
7. Liability, compensations, objects left behind
7.1 – Liability of Refugium de Luxe is excluded, unless Refugium de Luxe or its performing agents have acted grossly negligently or deliberately.
7.2 – Objects which the customer left behind in the premises will be forwarded upon request, risk and costs of the customer. Refugium de Luxe will keep such items at the expense of the customer for a period of up to 4 weeks.
7.3 – The exclusion of liability does not apply to damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty by Refugium de Luxe or an intentional or negligent breach of duty by a performing agent of Refugium de Luxe.
8. Final provisions, other
8.1 – Amendments and additions to the contract, the order acceptance as well as other essential declarations of intent for the accommodation contract shall be made in written form.
8.2 – Should one of the provisions laid down here be or become invalid, this shall not affect the effectiveness of the contract or this GTC. The ineffective provision shall be replaced with one that corresponds most closely to the ineffective.
8.3 – Refugium de Luxe is entitled to process and store the personal data of the customer in the context of the business relationship, even if these are from third parties, in accordance with the Federal Data Protection Act and have them processed and stored by authorized third parties.
8.4 – Place of fulfillment and payment is the registered office of Refugium de Luxe. Exclusively the law of the Federal Republic of Germany applies.