General Terms and Conditions of Business
Apartments/holiday homes by Intermezzo
These General Terms and Conditions of Business shall apply to all contracts concluded with “Adolf + Angelika Kotapski GbR” (hereinafter “the Operator”). Terms and Conditions of Business other than these shall not form part of any contract, even where such Terms and Conditions have not been expressly rejected by the Operator.
Prices may be modified after a contract is concluded if the period between conclusion of the contract and provision of services is greater than 4 months. In such a case, a corresponding price increase shall be permissible if statutory VAT is increased or costs rise in the hotel and hospitality sector. If the price increase is greater than 5 % of the agreed price, the other contracting party shall be entitled to withdraw from the contract.
Reservations shall be legally binding for both contracting parties. On no account may the contract be cancelled unilaterally. The other party may withdraw from the contract only with the agreement of the Operator. The Operator reserves the right to confirm room bookings in writing. An option deemed legally binding must be taken up as a legally binding reservation or given up at the latest 42 days before the arrival date. Options taken up will be treated as confirmed reservations. In the event that an option is not taken up as a legally binding reservation at the correct time, the Operator shall be entitled to allot the service reserved to another customer.
Upon conclusion of a contract or thereafter, the Operator shall be entitled to request an appropriate advance payment or deposit. The amount of the advance payment and the payment dates may be confirmed in writing in the contract.
The contracting party shall acquire no right to the provision of any particular rooms or premises. If the premises agreed are not available, the Operator shall make efforts to provide a replacement of equal value on alternative premises.
Arrival and departure:
Reserved rooms shall be made available to the contracting party from 2pm on the day of arrival. Unless specifically agreed otherwise, holidays homes are to be vacated by 11am on the day of departure.
Use and subletting:
Advance permission in writing from the hotel is required for subletting or subleasing of the rooms provided or for their use for purposes other than as accommodation.
If the person placing the order is not simultaneously the user or is ordering on behalf of a third party, both shall be jointly and severally liable as debtors.
Payment and invoicing:
Invoices shall in all cases be due in full upon receipt. Payment may be made in cash and/or by debit card, VISA or MasterCard. In the event of payment arrears, the Operator shall be entitled to apply interest for late payment amounting to 5% above the base rate applicable on the payment due date unless default damages in a different amount have been established. The contracting party may bring counterclaims against the Operator only where his claims are undisputed or have been upheld in a court of law. Payment arrears in even one invoice shall entitle the Operator to cancel all other and future services to the customer and/or to make these conditional upon advance payment in the amount of 100% of the invoiced sum. The Operator reserves the right to make a decision in this matter without prior notice. In the event of a total reservation of more than 10 nights, the Operator reserves the right to request advance payment in the amount of 50% of the cost of the services booked, or 100% of the cost of the services booked if the customer is resident overseas. This amount shall be due 14 calendar days before arrival. In the case of reservations made for holiday homes, the Operator reserves the right to request advance payment amounting to 20% of the cost of the services booked.
If a client does not make use of contractual services that have been booked or reserved in advance, he shall be liable to pay the following proportion of the agreed price:
• in the event of cancellation before the 42nd calendar day preceding the agreed performance period, we shall apply no cancellation charges
• in the event of cancellation within a period of 42 – 31 calendar days preceding the agreed performance period, 10% of the price agreed for the services booked shall be due,
• in the event of a cancellation within a period of 30 – 9 calendar days preceding the agreed performance period, 50% of the price agreed for the services booked shall be due,
• in the event of a cancellation within a period of 8 days preceding the agreed performance period, 80% of the price agreed for the services booked shall be due.
Cancellation charges will be reduced by the amount of accommodation charges that can be recouped by reletting the cancelled holiday home at the time for which the booking had been made. If the services booked are divisible and use is not made of only a portion of the services, cancellation charges will be applied as calculated according to the gradation in the previous paragraph on the sum applicable to that portion of the services booked. The right of the contracting party to prove that greater expenses have been saved shall not be affected by the aforementioned provisions.
Safety and force majeure:
If the business operations or safety of the Operator or the safety of his guests is endangered by a contracting party, the Operator shall be entitled to withdraw from the contract. This shall also apply in the event of force majeure or of any other unforeseeable or unusual circumstances beyond the control of the Operator, if performance of the contract by the Operator is rendered impossible, unreasonable or of no interest to the contracting party.
The Operator accepts no contractual liability upon conclusion of a contract for faults arising from circumstances beyond the control of the Operator.
Compensation and liability:
The Operator shall be liable to compensate for damages arising on whatever legal basis only where
• the damages are based on gross negligence or intent on the part of the Operator or arise from the absence of guaranteed specifications; or
• the Operator is culpably in breach of a cardinal obligation in such a way as to endanger the purpose of the contract; or
• the damages can be shown to arise from a delay or impossibility of performance that is the fault of the Operator; or
• the damages can be covered by an insurance policy that the Operator has taken out or could reasonably be expected to have taken out; or the damages are the result of a typical hazard to life or limb.
In the event of breach of cardinal obligations, delay or impossibility of performance and where the Operator has not acted with intent or gross negligence, he shall be liable only for foreseeable and direct damages. In cases where claims for damages are excluded or limited under the above provisions, this exclusion or limitation shall also include claims arising ex delicto or against the Operator’s employees or vicarious agents. The above provisions shall not apply to liability for items introduced by guests.
No contract for safekeeping is concluded when a guest is provided with a parking space at an apartment car park, even if a fee is charged. Except where the Operator has acted with intent or gross negligence, he accepts no liability in the event of theft or damage to motor vehicles or their contents parked or left at the apartment car park. This shall also apply to the Operator’s vicarious agents.
The contracting party undertakes to notify the Operator of any faults immediately, and at the latest upon departure. Any claims against the Operator must be made by the contracting party in writing within one month of the date of completion of performance as stipulated in the contract. The contracting party’s claims shall expire after six months, with this expiry period beginning on the calendar day on which the contract stipulates performance was to be completed.
Oral agreements or collateral agreements in writing shall not apply. Alterations or additions to these Terms and Conditions of Business must be made in writing to be legally valid. This shall also apply to a waiver of the requirement for the written form.
If individual provisions of these Terms and Conditions of Business are or become ineffective or invalid, this shall not affect the legal validity of the content of the rest of the contract. Both contracting parties undertake to replace any legally ineffective provision with a legally effective provision that is as close as possible to the intent of the invalid provision. Statutory provisions shall apply in all other respects.