Our General Terms and Conditions | Residenz am Zwinger Dresden
General Terms and Conditions for the Accommodation Agreement of CTR Immo Dresden GmbH status of 05/2016
1. These General Terms and Conditions apply to contracts on the provision of apartments as accommodation for rent and all further services and deliveries performed by CTR Immo Dresden GmbH for the customer in this context. The term “Accommodation Agreement” shall include and replace the following terms: hotel reservation agreement, guest accommodation agreement, hotel contract, apartment contract
Subletting or subsequent renting of the provided apartments and using them for purposes other than accommodation is prohibited.
General Terms and Conditions of the customer shall only apply if this has been explicitly agreed in text form beforehand.
II. Conclusion of the contract, contractual partners
By his application (in writing or verbally), the customer bindingly offers the company CTR Immo Dresden GmbH the conclusion of an Accommodation Agreement. The customer shall be bound by this offer for 14 days.
The contract will be effectively concluded upon the acceptance of the customer’s offer by CTR Immo Dresden GmbH. It shall be at the discretion of CTR Immo Dresden GmbH to confirm the apartment reservation in text form.
The parties to the contract are CTR Immo Dresden GmbH and the customer. If a third party has placed a reservation on behalf of the customer, it shall be liable together with the customer to CTR Immo Dresden GmbH as joint and several debtors for all obligations under the hotel reservation contract, provided that a corresponding statement from the third party has been received by CTR Immo Dresden GmbH.
III. Services, prices, payment, deposit, offsetting
CTR Immo Dresden GmbH is obligated to keep the apartments booked by the customer available in accordance with these General Terms and Conditions and to perform the agreed services.
The customer is obligated to pay for the provision of the apartment and the further services used by him at the agreed or applicable prices of CTR Immo Dresden GmbH. This shall also apply to any services initiated by the customer and expenses incurred by CTR Immo Dresden GmbH for third parties. The agreed prices shall include the respectively applicable statutory value added tax.
CTR Immo Dresden GmbH can make the agreement to a reduction of the number of booked apartments requested in retrospect by the customer regarding the services of CTR Immo Dresden GmbH or the length of the customer’s stay contingent upon a price increase for the apartments and/or the other services of the hotel.
The payment for all booked services shall be made on site, at the latest on departure, and payment can be made in cash, with EC or credit card (Mastercard, VISA, American Express, Diners Club, JCB). A different payment method and a different payment date must be agreed in writing between the Parties.
CTR Immo Dresden GmbH is entitled to demand an appropriate advance payment or another security deposit in the form of a credit card guarantee, down payment or similar from the customer on the conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract. The statutory provisions regarding advance payments or security deposits shall remain unaffected for package trips.
In justified cases, e.g. arrears in payment by the customer or an expansion of the scope of the contract, CTR Immo Dresden GmbH shall be entitled to demand an advance payment or security deposit in the definition of the foregoing Sec. III.5 or another increase of the advance payment or security deposit agreed in the contract up to the full agreed compensation, even after the conclusion of the contract and until the start of the stay.
CTR Immo Dresden GmbH is furthermore entitled to demand an appropriate advance payment or security deposit in the definition of the foregoing Section III.5 in the beginning and during the customer’s stay for any existing and future claims arising from the contract, insofar as such has not already been paid according to the foregoing Section 5 and/or 6.
IV. Withdrawal by the customer (cancellation) / non-utilisation of the services by CTR Immo Dresden GmbH
A statutory right of withdrawal does not apply, even if a distance selling agreement is established, based on the exception provided for in Sec. 312 b (2) no. 6 BGB [German Civil Code].
A cancellation of the Accommodation Agreement requires the written agreement of CTR Immo Dresden GmbH. If this agreement is not given, the price agreed in the contract shall also be paid if the customer does not utilise the contractual services. If a date for the withdrawal from the contract free of charge has been agreed in writing between CTR Immo Dresden GmbH and the customer, the customer can cancel the contract until such date without triggering any claims to payment or damage compensation by CTR Immo Dresden GmbH. The customer’s right to withdraw will expire if he does not declare the exercise of his right to withdraw in text form to CTR Immo Dresden GmbH by the agreed date.
3. In the case of any cancellation at a later time or if the customer does not use the apartments, CTR Immo Dresden GmbH shall offset the contractually agreed compensation against the income from renting these apartments to other parties and any saved expenses. If the apartments are not rented to other parties, CTR Immo Dresden GmbH can demand the contractually agreed compensation and deduct a flat amount for expenses saved by CTR Immo Dresden GmbH. In that case, the customer shall be obligated to pay 80% of the contractually agreed price. It shall be at the customer’s discretion to prove that the aforementioned claim has not arisen or not in the claimed amount.
4. Numbers IV.2 and IV.3 do not apply to group reservations and reservations made by commercial travel organisers. In this case, the amount of the cancellation fee shall be determined according to an individual agreement made directly on reservation. A reservation for 9 customers or more is considered a group reservation. Commercial organisers are entrepreneurs whose commercial activity includes the hosting and organisation of trips.
V. Withdrawal by CTR Immo Dresden GmbH
Insofar as it was agreed that the customer can withdraw from the contract free of charge within a certain period, CTR Immo Dresden GmbH shall be entitled on its part to withdraw from the contract within such period, if enquiries by other customers were received for the apartments booked under the contract and if the customer does not waive its right to withdraw on enquiry.
If an agreed advance payment or an advance payment demanded according to the above Section III.5 and/or Section III.6 or a security deposit is not paid, even after the expiration of an appropriate grace period set by CTR Immo Dresden GmbH, CTR Immo Dresden GmbH shall likewise be entitled to withdraw from the contract.
CTR Immo Dresden GmbH shall furthermore be entitled to withdraw from the contract for objectively justified reason, for example, if:
- force majeure or other circumstances outside of the responsibility of CTR Immo Dresden GmbH make the fulfilment of the contract impossible;
- apartments or rooms are booked based on culpably misleading or false statement of facts that are relevant for the contract, e.g. as to the person of the customer or the purpose of his stay;
- CTR Immo Dresden GmbH has justified reason to believe that the utilisation of the service can imperil the unproblematic course of business, safety or the public reputation of CTR Immo Dresden GmbH, without this being attributable to the sphere of control or organisation of CTR Immo Dresden GmbH;
- the purpose or the acceptance of the stay is contrary to the law;
- a violation of the foregoing Section I no. 2 is established;
- the customer disturbs the peace in spite of warning;
- the customer acts in an unacceptable manner, in particular in an offensive manner toward employees or the staff of CTR Immo Dresden GmbH and/or guests in spite of warning.
- It is sufficient if the customer was warned once in writing of these violations to trigger the right of CTR Immo Dresden GmbH to withdraw.
In the case of a justified withdrawal by CTR Immo Dresden GmbH, no claim to damage compensation will be created for the customer.
VI. Provision/handover and return of apartments
The customer shall not acquire any right to the provision of a particular apartment, unless CTR Immo Dresden GmbH has confirmed the provision of certain apartments in writing.
Booked apartments will be available to the customer as of 3:00 p.m. on the agreed date of arrival and must be accepted by the customer at the latest by 4:00 p.m. of the agreed date of arrival. Any belated time of arrival must be agreed. If no arrival time later than 4:00 p.m. was agreed and if the guest has neither informed CTR Immo Dresden GmbH by 4:00 p.m. on the day of arrival of any delayed arrival, CTR Immo Dresden GmbH shall have the right to rent booked apartments to others after 4:00 p.m., without the customer being able to derive any compensation claims from this. In that case, CTR Immo Dresden GmbH shall have a right to withdrawal. However, there is no obligation on the part of CTR Immo Dresden GmbH to rent the apartment to another party.
On the agreed date of departure, the apartments shall be returned in vacated condition to CTR Immo Dresden GmbH at the latest by 12:00 p.m. Thereafter, CTR Immo Dresden GmbH can demand a surcharge of respectively one current daily rate for the use of the
apartment beyond the contractual agreements due to the delay in vacating the apartment. This shall not establish any contractual claims. It shall be at the customer’s discretion to prove that no claim or a significantly lower claim for a use fee has been created for CTR Immo Dresden GmbH.
VII. Liability, limitation
CTR Immo Dresden GmbH shall be liable for its obligations under the contract. Claims of the customer for damage compensation are excluded. This shall not apply to damages caused by injury to life, body or health if CTR Immo Dresden GmbH is responsible for the breach of duty; other damages that are due to an intentional or gross negligent breach of duty by CTR Immo Dresden GmbH, or to damages due to an intentional or negligent breach of duties that are typical for the contract by CTR Immo Dresden GmbH. A breach of duty by CTR Immo Dresden GmbH shall be held equal to any breach by a legal representative or vicarious agent. Should disturbances or deficiencies in the services of CTR Immo Dresden GmbH occur, CTR Immo Dresden GmbH shall apply all its efforts upon taking notice or upon immediate complaint by the customer to remedy the situation. The customer shall be obligated to help remedy the disturbance as can be reasonably expected of him and to keep any possible damage to a minimum. If the customer culpably fails to report a deficiency, no claim to a reduction of the contractually agreed consideration shall be created.
CTR Immo Dresden GmbH shall be liable to the customer in accordance with the legal regulations for the customer’s property that is brought to the apartment. Money, securities and valuables can be deposited in the hotel safe up to the maximum amount of the insured sum of CTR Immo Dresden GmbH. Residenz am Zwinger recommends using this option. Liability claims shall expire if the customer does not report a loss, destruction or damage to CTR Immo Dresden GmbH immediately upon taking notice thereof (Sec. 703 BGB [German Civil Code]). Liability shall be established only if the apartments or receptacles in which the objects have been kept were locked.
If the customer is provided with an outdoor or garage parking space, no contract on safe custody shall be established thereby even if the provision is made against consideration. If motor vehicles parked or manoeuvred on the hotel premises and their contents are lost or damaged, CTR Immo Dresden GmbH shall not be liable, except in cases of intent or gross negligence. With regard to the exclusion of damage compensation claims by the customer, the provision of the foregoing Section VII.1 clauses 2 to 4 shall apply accordingly.
Damage compensation claims of the customer shall become time-barred at the latest two years from the point in time in which the guest obtained knowledge of the damage and without consideration of this knowledge, respectively three years from the point in time of the damage event. This shall not apply to liability for damages caused by injuries to life, body or health and any other damages that are due to an intentional or gross negligent breach of duty by CTR Immo Dresden GmbH, a legal representative or vicarious agents.
Messages, mail and shipments of goods for the guests will be treated with care. CTR Immo Dresden GmbH shall accept the delivery and arrange for its safekeeping, and – on request and against consideration – the forwarding of the same, and lost and found items on request. Damage compensation claims are excluded, unless these are due to an intent or gross negligence by CTR Immo Dresden GmbH or its legal representatives or vicarious agents. CTR Immo Dresden GmbH is entitled to transfer the aforementioned objects to the local lost and found office, at the latest after a one-month period of safekeeping, against the charge of an appropriate fee.
VIII. Clause on smoking
Smoking is prohibited in the apartments
If a customer violates the smoking prohibition, he shall be obligated to assume the costs for all cleaning measures (e.g. cleaning of all objects and textiles by an external company) and pay damage compensation for the losses incurred. The loss of rent caused to CTR Immo Dresden GmbH shall likewise be borne by the customer. This claim of CTR Immo Dresden GmbH is set at a flat sum of EUR 1,000. The customer shall be permitted to prove that no damage was caused at all or a considerably lesser damage than the agreed flat sum.
IX. Final provisions
CTR Immo Dresden GmbH declares that, as an entrepreneur, it is not obligated to participate in the dispute resolution procedure before a mediation office and that it generally does not offer mediation.
Changes or amendments to the contract, the acceptance of the application or these General Terms and Conditions requires the written form. Unilateral changes or amendments by the customer are invalid. To fulfil the requirements of the written form as defined in these General Terms and Conditions, the submission of a corresponding declaration by fax or email shall also be sufficient.
The place of fulfilment and payment is Residenz am Zwinger, Ostra-Allee 13, 01067 Dresden.
The exclusive place of jurisdiction – also for disputes relating to cheques and bills of exchange – is the place of registration of CTR Immo Dresden GmbH if the contractual partner of CTR Immo Dresden GmbH is a merchant or legal entity of public law. If a contractual partner fulfils the condition of Sec. 38 (2) ZPO [German Code of Civil Procedure] and does not have its general place of jurisdiction in the domestic country, the place of registration of CTR Immo Dresden GmbH shall apply as the place of jurisdiction.
The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the provisions on the conflict of laws.
Should individual provisions of these General Terms and Conditions be or become fully or partly invalid or void, the validity of the remaining provisions shall not be affected thereby. For the rest, the legal regulations apply.