General Terms and Conditions
Including general guest accommodation terms and conditions
Provider: Apartments Schweizer Hof, Owner: Arnd Fliescher, Fremersbergstraße 97a, D-76530 Baden-Baden, Germany, Fon: +49 7221 / 30 46-0,
Fax: +49 7221 / 30 46-46, E-Mail: email@example.com, Web: www.apartments-schweizerhof.de
§ 1 Scope of application
(1) These General Terms and Conditions (GTC) apply to contracts concerning the rental of holiday apartments for accommodation, as well as to all further services and deliveries performed for the Guest by the Provider. The Provider’s services shall be carried out solely on the basis of these General Terms and Conditions.
(2) The sub¬letting or reletting of the rented holiday apartments and/or any other form of usage of the said apartments for residential purposes shall require the Provider’s prior written consent.
(3) The General Terms and Conditions shall only be applied if they have previously been agreed upon. Any deviations from these Terms and Conditions shall only be valid if the Provider has explicitly confirmed them in writing.
§ 2 Contract for Accommodation
(1) The Contract for Accommodation shall only come into being if the Provider confirms the Guest’s booking request by phone, fax, post or e-mail and thereby accepts the booking (order acceptance).
(2) The contracting partners are the Provider and the Guest. If a third party has booked for the Guest, then they, together with the Guest, shall be liable to the Provider as joint and several debtor for all obligations from the concluded Contract for Accommodation, as long as an appropriate explanation for the third party is given to the Provider.
(3) The Guest shall be obligated to check the correctness of the Provider’s booking confirmation. Should the contents of the booking confirmation differ in its contents from the booking request and should the Guest not immediately raise objections to it, the content of the booking confirmation shall be regarded as contractually agreed.
§ 3 Services, prices, payment and compensation
(1) The Provider is obligated to keep the holiday apartment booked by the Guest in readiness and to perform the agreed services. The facilities of the holiday apartment shall correspond to those described in the promotional media. The Provider shall only provide warranty for expressly promised facilities – but not for the subjective quality of the facilities.
(2) The Guest is obligated to pay the Provider’s applicable or agreed prices for the rental of the holiday apartment and for any further services they utilise. This shall also apply to any additional services and expenses requested of the Provider by the Guest for third parties.
(3) All prices include the statutory value-added tax and costs for cleaning. In addition to the given rates, the spa tax of the city of Baden-Baden shall also fall due for payment. The spa tax in this spa zone amounts to 3.80 EUR (per night and person). The spa tax rate includes the reduced statutory value-added tax. Should the value-added tax increase, the spa tax shall be adjusted accordingly. All prices listed apply to a minimum stay of 2 nights.
(4) 2019 Price List for Apartments Schweizer Hof
- Apartments of approx. 50 m², 2–4 persons: 115–195 EUR (minimum stay 2 nights, incl. cleaning)
- Apartments of approx. 40 m², 2 persons: 89–149 EUR (minimum stay 2 nights, incl. cleaning)
- Spa tax per person and night: 3.80 EUR
- Dogs: 10.00 EUR per night, on request
- Baby travel cot: free of charge, on request
- Sofa bed with bedding in a 50 m² apartment: free-of-charge upon request
- On request, we offer companies, groups, artists and other target groups special prices for longer stays.
(5) The Guest shall be obligated to give truthful information on the number of persons who will be staying in the holiday apartment. The holiday apartment shall be available to no more than the number of persons stated in the booking confirmation. Occupation of the apartment with a number of persons exceeding this shall require the written consent of the Provider. In this case, the rental fee for the holiday apartment shall increase to the price generally charged by the Provider for the relevant occupancy.
(6) Should the time period between the completion and fulfilment of the contract exceed three full months, and should the prices generally charged for such services by the Provider increase, the Provider may raise the contractually agreed rate appropriately – at the most, however, by 10 %.
(7) Payment of the agreed price for the rental of the holiday apartment, as well as for further services agreed with the Guest, shall fall due no later than the day of arrival, at the handover of the keys. Neither debit and credit cards nor cash payment can be accepted as payment methods on the spot in the apartment house. Should you have any payment-related questions, please contact us by phone at the aforementioned address.
(8 The Provider reserves the right to request an appropriate prepayment from the Guest, prior to their arrival, for the agreed fee for the rental of the holiday apartment and the additional services agreed with the Guest. If a prepayment is requested with the booking confirmation, it shall fall due no later than 8 days after the sending of the booking confirmation. Should the Provider have received no payment by the 8th day after sending the booking confirmation and if, moreover, no payment is carried out within an appropriate grace period set by the Provider with a threat of refusal, then the Provider shall be entitled to withdraw from the contract. The Provider shall inform the Guest of their withdrawal in writing.
(9) The Guest may only offset a claim of the Provider with a claim that has been legally declared final and absolute.
§ 4 Arrival and departure
The arrival and departure times shall also apply to individually agreed weekdays, Sundays and bank holidays.
(1) Arrival shall be possible on the arrival day from 2–10 pm. It shall also be possible to individually arrange the arrival times. The Guest shall be obligated to present their valid identity card or passport to the Provider upon arrival. Should the Guest fail to check in on the arrival day by 10 pm, then the contract, after a grace period of a full day, during which the Provider receives no notification from the Guest, shall be deemed terminated. The Provider shall then be free to rent the apartment to another party.
(2) The Guest’s booking document contains a personalised number code. This must be kept carefully by the Guest and brought with them on the arrival day, and enables the handover of the keys via the key safe attached to the house.
(3) The Hotel Schweizer Hof’s Reception is also available to apartment guests for all personal requests:
Hotel Schweizer Hof
Lange Strasse 73, D-76530 Baden-Baden, Germany (near Festspielhaus Baden-Baden)
Tel.: +49 7221 / 30 46-0
Opening hours: daily from 6.30 am to 10.00 pm.
(4) The holiday apartment shall be vacated by, at the latest, 11 am on the departure day. A delay in departure shall result in a further night being billed. Other arrival and departure times may be individually arranged with the Provider. The Provider shall, moreover, be entitled to claim compensation for all further damages incurred due to a delay in vacating the apartment.
(5) The vacating of the apartment in accordance with para. 4 above shall only be deemed completed if all keys have also been handed over to the Provider or their representative. In this regard, the Guest may, if explicitly agreed with the Provider beforehand, leave all the keys on the table in the holiday apartment and pull the apartment door shut. The Guest shall be obligated to check that the apartment door has been properly closed.
(6) As a basic principle, there shall be no full or partial refund of the rental fee in the event of premature departure.
(7) Should one or more keys be lost, the Guest shall be obligated to pay compensation for their replacement and, if need be, for the installation of new locks.
§ 5 Rights and obligations and house rules
(1) The Guest shall treat the rented holiday apartment and its contents and fixtures with care. The Guest shall be obligated to adhere to the house rules. Night-time peace and quiet shall be observed from 10 pm in the evening to 7 am in the morning. During this time, particular consideration shall be shown towards cohabitants and neighbours. TV sets and audio devices shall be set to room volume. Parties and events are generally not permitted.
(2) For the duration of the rental of the holiday apartment, the Guest shall be obligated to keep the doors and windows closed, to set all heaters to a low level, as well as to switch off electrical appliances and lights when leaving the holiday apartment.
(3) The accommodation of dogs in the holiday apartment shall only be permitted with the prior written consent of the Provider. A surcharge of 10.00 EUR per night is charged for the accommodation of dogs. Cats and other pets are not allowed.
(4) A general no-smoking rule is in effect in the holiday apartment and the corridor. Should this rule be broken, the Provider shall be entitled to bill a flat fee of 200.00 EUR for cleaning. Smoking is allowed on the balcony with the balcony door closed.
(5) The apartments have Wi-Fi. Any criminal acts committed using the said internet connection will be reported and prosecuted. The Guest shall be solely liable for any unlawful usage of the internet.
(6) It is not permitted to use any materials to decorate the holiday apartment. The Guest shall be solely liable for any such changes to the interior design and shall release and exempt the Provider from third party claims. They shall furthermore be obligated to pay compensation for damage caused by any individual changes to the interior design.
(7) The Provider shall have right of access to the holiday apartment at any time, especially in the event of imminent danger. When exercising the said right of access, appropriate consideration shall be shown for the legitimate interests of the Guest and the neighbours.
§ 6 Withdrawal from the contract and cancellation
(1) Withdrawal by the Guest from the Contract for Accommodation concluded with the Provider shall require the Provider’s written consent. Should this consent not be granted, then the contractually agreed fee shall be paid, even if the customer does not make use of the contractual services. This shall not apply in cases of delayed performance by the Provider or of impossibility of performance for which the Provider is culpably responsible.
(2) The Guest may only withdraw from the contract without prompting any payment or compensation claims by the Provider provided that the possibility of withdrawal by a certain date has been agreed in writing between them and the Provider. This right of withdrawal for the Guest shall expire if they fail to exercise their right of withdrawal with regard to the Provider, in writing, by the agreed deadline, except in cases of delayed performance by the Provider or of impossibility of performance for which the Provider is culpably responsible.
(3) The Guest shall be entitled to cancellation without prompting any payment or compensation claims by the Provider up to 30 days before the arrival date; otherwise, in accordance with the following stipulations:
Cancellation no later than Percentage of room rate
- 30 days before arrival date 0 %
- 21 to 29 days before arrival date 20 %
- 14 to 20 days before arrival date 30 %
- 7 to 13 days before arrival date 40 %
- 3 to 6 days before arrival date 50 %
- Less than 2 days before arrival date 80 %
Cancellations shall be made in writing to the Provider, unless the Provider agrees to a verbal cancellation. The date on which the Provider receives the cancellation shall be deemed the date of cancellation.
(4) Should the Guest not utilise a holiday apartment, the Provider shall take into account the income gained from renting the holiday apartment to another guest, as well as the saved expenses.
(5) Should the Guest fail to appear by, at the latest, 10 pm on the arrival day, without having cancelled, then the contract shall automatically be deemed cancelled. The Provider may additionally demand an administrative fee from the Guest in the amount of 100.00 EUR plus VAT.
(6) Insofar as the Guest’s right of withdrawal was agreed in writing when confirming the booking, the Provider shall, for their part, be entitled to withdraw from the contract, if there are inquiries from other guests regarding the contractually booked holiday apartment and if, upon enquiry by the Provider, the Guest does not waive their right of withdrawal.
(7) The Provider shall furthermore be entitled to withdraw from the contract for objectively justified reasons and to carry out extraordinary cancellation of the contract if, for example: a) a force majeure or other circumstances beyond the Provider’s control make it impossible to fulfil the contract; b) the holiday apartment was booked based on misleading or wrong information on essential facts pertaining to the person or purpose concerned; c) the domestic peace of other guests or neighbours is put at risk or d) the Provider’s public image is negatively affected.
(8) The Provider shall immediately inform the Guest when exercising the right of withdrawal or cancellation. In such cases specified in para. 7 a) above, the Provider shall immediately refund rental fee payments and/or prepayments already made. In the case of justifiable withdrawals or cancellations by the Provider, the Guest shall not be entitled to any compensation. The Guest shall compensate the Provider for all damages for which they are responsible due to a withdrawal or an extraordinary cancellation in accordance with para. 7 above.
§ 7 Liability and limitation period
(1) The Provider shall be liable for their obligations arising from the contract. Liability shall be limited to the wilful intent and gross negligence on the part of the Provider, if and insofar as the Provider does not imperatively bear unlimited liability pursuant to the legal provisions. No liability shall be assumed for any effects on the rented property caused by force majeure, by regionally/nationally usual power and water outages or by severe weather. Likewise, the Provider shall assume no liability in the event of unforeseeable or unavoidable circumstances such as official directives, building sites set up at short notice or any other natural or official occurrences.
(2) The Guest’s journey to the holiday apartment location and back, as well as their parking, shall be undertaken on their own responsibility. The Guest shall be fully liable for any wanton destruction or damage in the building and in the holiday apartments.
(3) The Provider shall not be liable for any personal items which the Guest brings with them; these shall not be deemed to be brought objects as defined under Sections 701 f. of the German Civil Code (BGB). Any liability on the part of the Provider shall thereby be explicitly excluded under these General Terms and Conditions. This shall likewise explicitly apply to any valuable items which the Guest keeps or leaves in the holiday apartment.
(4) The Guest shall be liable for any damage that they, their fellow travellers or their visitors have culpably caused in the holiday apartment building, in the holiday apartment itself and/or to the contents and fixtures of the holiday apartment. The Guest is advised to take out private liability insurance. The Guest shall be obligated to immediately notify the Provider of any damage. This shall, in particular, likewise apply in the event if any damage that may affect other apartments in the building, such as water and fire damage.
(5) Any claims of the Guest shall lapse within six months, unless the Provider is liable due to wilful intent. Any claims of the Provider shall lapse in the applicable statutory period.
§ 8 Data protection
Personal data in the form of contractual data
(1) The general provisions of the General Data Protection Regulation (GDPR) shall apply in their currently valid version. The Provider shall not pass on any personal data provided by the Guest to third parties unless it is absolutely necessary for implementing the contract. The Provider shall collect personal contractual data insofar as this is legally permissible and necessary in order to implement the contractual relationship with the Guest in accordance with Art. 6(1)(1)(b) GDPR, or to safeguard the Provider’s interests or those of third parties in accordance with Art. 6(1)(f) GDPR. Personal contractual data include, for example, the Guest’s name, address, contact details such as telephone number(s) or e-mail address, as well as other individual data from their identity card and/or passport, such as date of birth, place of birth, issuing authority or nationality.
(2) Personal data concerning the utilisation of our internet pages
We shall only gather, process and use personal data insofar as this is necessary for enabling the user to utilise the service. The accessing and processing of personal data in the context of our business activities may only be carried out by a trained department, in accordance with the provisions of the General Data Protection Regulation (GDPR). In the case of sensitive data, the basic principles of legitimacy, purpose, data security and data economy shall generally apply. The personal data shall be safeguarded by means of professional protection programmes (virus protection, etc.) that meet state-of-the-art technological standards and are located within legally compliant data rooms, regulated in the EU with, among others, third countries by Article 45 (Transfers on the basis of an adequacy decision).
The said personal data shall be erased after the order has been completed or the business relationship has come to an end. Legal storage periods in accordance with the provisions of Section 257 of the German Commercial Code (HGB) and Section 14b of the German Value Added Tax Act (UstG) shall thereby remain unaffected. The passing on of any personal data to state authorities shall take place within the framework of national legislations. Should any data breaches occur (e.g. due to hacker attacks or losses of data carriers), we shall fulfil our reporting obligations with regard to the data protection regulatory authorities and our obligation to notify the data subject in accordance with Art. 33 and 34 GDPR.
(3) The right of withdrawal of consent, and to the rectification, erasure and blocking of data
In accordance with the General Data Protection Regulation (GDPR), you have the right to access information, free of charge, on any stored data concerning you, including on the origin and recipient(s) of your data, as well as the purpose of the data processing (Art. 15). You also have the right to have any incorrect data rectified (Art. 16, the blocking and erasure of your personal data (Art. 17 GDPR – the right to erasure, “the right to be forgotten”), provided that this is not in conflict with any statutory storage obligation. The right to a restriction of data processing is enshrined in Art. 18. and the right to data portability in Art. 20 of the GDPR. You also have the right to at any time withdraw your consent in accordance with Art. 6(1)(a) or Art. 9(2)(a) GDPR. Many data processing procedures are only possible with your explicit consent. You can at any time withdraw a consent you have already granted. To do this, it suffices to send us an informal message by e-mail. The lawfulness of the data processing carried out up to the withdrawal of consent shall remain unaffected by the withdrawal of consent.
(4) The right to file a complaint with the responsible regulatory authority
In the event of any violations of data protection law, every data subject has the right to file a complaint with the responsible regulatory authority. The regulatory authority responsible for issues concerning data protection law is the state data protection official of the German state where our company’s headquarters are based. Here, the complaint should be filed with the State Official for Data Protection and Freedom of Information in Baden-Wuerttemberg: https://www.baden-wuerttemberg.datenschutz.de/
(5) Person responsible for data protection
Mr Arnd Fliescher, Lessingstrasse 6a, D-76530 Baden-Baden, Germany (for details, please see section on Company Details)
§ 9 Final clauses
(1) Any amendments or additions to the contract, to the order acceptance or to these General Terms and Conditions shall be made in writing. Any amendments or additions carried out unilaterally by the Guest shall be invalid.
(2) The place of performance and payment as well as the legal venue shall be Baden-Baden, Germany.
(3) The law of the Federal Republic of Germany shall apply.
(4) These General Terms and Conditions (GTC) are intended solely for the personal use of the Guest. Any commercial use of them by third parties is hereby expressly prohibited.
(5) Should any of these provisions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that as closely as possible reflects the original purpose of the invalid provision. For the rest, the statutory provisions shall apply.
Apartments Schweizer Hof, Baden-Baden, 01 July 2019