AGB

General terms and conditions for the guest house Anna-Sophia

I. Contracting parties, scope, conclusion of contract

Guesthouse Anna-Sophia offers temporary rental agreements between the owner and the contracting parties (hereinafter referred to as "guest").These terms and conditions apply between the guest and the owner. They apply to contracts for the rental of furnished rooms (accommodation) as well as all services and deliveries provided for the guest. In addition, the additional conditions agreed upon when the contract was concluded apply.Tenancy agreements exist between the guest and the owner. The guest's contact person for all matters relating to rental and additional services is generally the owner or her appointed representative.Offers made by Guesthouse Anna-Sophia are always subject to change and non-binding.The contract is concluded as soon as the room/apartment is booked by the tenant. If a booking could not be made due to time constraints, the contract is concluded when the accommodation is made available. The conclusion of the contract obliges the contracting parties to fulfill the contract, regardless of the duration for which the contract was concluded. If the booking tenant is not also the user, the booking tenant and the user of the accommodation are jointly and severally liable for the obligations arising from the booking. Guesthouse Anna-Sophia is free to confirm a booking in writing. Cancellations and similar declarations are only effective if they are made in writing. The guest's general terms and conditions do not apply unless there is a written agreement to the contrary.

II. Content of the contract

A furnished room with private bathroom and use of the common room is rented. The basic price refers to use by one person. If used by several people, the rental price increases accordingly. The maximum possible occupancy of the room is 2 people. Any further agreements must be made in writing. There is no entitlement to the provision of a specific room or premises. If certain rooms are promised in the booking confirmation but these are not available, the Anna-Sophia guest house can provide equivalent replacements in the house. Further claims by the tenant are excluded. Subletting to third parties or use of the furnished living space provided by third parties is generally prohibited. The use of the living space for purposes other than accommodation is also prohibited unless the owner has expressly granted written permission. The Anna-Sophia guest house points out that the rooms provided are under no circumstances made available on a permanent basis and therefore never for a habitual residence within the meaning of Sections 8 and 9 AO. The maximum period of occupancy is six (6) months. An extension is possible if available, but there is no entitlement to an extension. The guest acknowledges this and assures that he neither intends nor requests or carries out such use. As soon as the stay in an accommodation facility exceeds six months, the guest is subject to the general obligation to register with the registration authority. If you are not registered for an apartment in Germany and your stay exceeds three months, you must register with the registration authority within two weeks. The tenant also expressly undertakes to register with the landlord. In the event of a breach of this obligation or in the event of any other behavior that prevents the required registration, the landlord is entitled to extraordinary and immediate termination of the contract. The tenant is obliged to submit the police registration form completely filled out and signed with his personal details. A continuation or renewal of the accommodation contract must be expressly agreed in writing. Verbal agreements are void. Failure by the guest to move out on time constitutes unlawful self-help. The Anna-Sophia guest house is entitled to make use of its right of self-help, to take possession of the room and to temporarily store the guest's items in a storage room at the guest's expense and risk, exercising a lien. All rooms within the scope of the offer are non-smoking rooms. Smoking is therefore not permitted under any circumstances. Smoking areas are available to guests outside. If the guest does smoke, a contractual penalty of €200 is immediately due. In addition, the guest must fully reimburse any damage caused or additional costs for renovation/cleaning when leaving the living space. The smell of burnt tobacco products such as cigarettes, cigars, pipe tobacco or incense sticks is sufficient as proof. Pets are not permitted. If the guest keeps pets, the Anna-Sophia guest house is entitled to charge the corresponding additional costs for the final cleaning in full according to the effort involved. In any case, at least twice the amount of the normal final cleaning is due. Guests are required to carry out an inspection and handover of the accommodation together with the owner or a representative of the Anna-Sophia Guest House 1-2 days before their departure. Otherwise, the findings of the Anna-Sophia Guest House regarding the condition of the rental property on the day of departure are binding. Messages, mail and shipments of goods intended for the guest are handled with the care of a businessman. The Anna-Sophia Guest House will store them and - if requested - forward them for a fee. Address for all shipments: Name of the guest c/o Anna-Sophia Guest House Dorfenstr. 10 85445 Schwaig Claims for damages due to faulty execution are excluded, except in the case of gross negligence or intent.

III. Prices, payment

By concluding the accommodation contract, the guest undertakes to pay the agreed remuneration for the accommodation and for other services used by him. This also applies to services and expenses to third parties arranged by the guest. Unless otherwise agreed, the agreed prices include the respective statutory sales tax. If the period between conclusion of the contract and fulfillment of the contract exceeds 4 months and the price generally charged by Guesthouse Anna-Sophia for such services increases, Guesthouse Anna-Sophia can increase the contractually agreed price appropriately, but by no more than 15%. The rental price must be paid by bank transfer before moving in, at the latest on the day of moving in. If the rental extends over a longer period of time, payments for the accommodation must be paid in advance by bank transfer for one month at a time, at the latest on the first of the month in question. When transferring, the guest must ensure that the full amount is received in Guesthouse Anna-Sophia's account by the due date at the latest. The billing currency is the euro. In the case of foreign currencies, exchange rate differences and bank charges are borne by the party obliged to pay. Provider invoices are payable immediately upon receipt without deduction. The guest is in default at the latest if he does not make the payment within 7 days of the due date and receipt of the invoice. In the event of late payment, the Anna-Sophia guest house is entitled to claim default interest of 5% above the base interest rate. In commercial transactions, the default interest rate is 8% above the base interest rate. The Anna-Sophia guest house reserves the right to claim higher damages. For each reminder after default, the Anna-Sophia guest house is entitled to charge a reminder fee of €5.00. In addition, the Anna-Sophia guest house reserves the right to terminate the rental agreement in the event of late payment. Complaints about invoicing must be reported to the Anna-Sophia guest house immediately after they become known. The correct recipient of the invoice must be stated when booking.

IV. Withdrawal by the provider

If there is an objectively justified reason, the Anna-Sophia guest house and the owner have the right to withdraw from the contract. Examples include:

Force majeure or other circumstances beyond the control of the Anna-Sophia guest house or the owners that make the fulfillment of the contract impossible.The rental of the accommodation was made under misleading or false information about essential facts, e.g. the identity of the customer or the intended use.There is an unauthorized subletting or further letting in accordance with Section II. No. 3.The purpose or reason for the stay is illegal or appears to be, or the rental property becomes the site of illegal activities.The guest is in arrears with the rent, an agreed advance payment or another additional service. If payment is delayed for more than 7 days, the Anna-Sophia guest house has an immediate right of extraordinary termination with a notice period of 1 day and is entitled to refuse the guest access to the apartment.The Anna-Sophia guest house becomes aware of circumstances that a significant deterioration in the guest's financial situation has occurred after the contract has been concluded, in particular if the guest does not settle the outstanding claims from the Anna-Sophia guest house or the owner or does not provide sufficient security and payment claims are therefore at risk.The guest has filed an application for the opening of insolvency proceedings over his assets, made an affidavit in accordance with Section 807 of the Code of Civil Procedure, initiated an out-of-court procedure for the purpose of debt settlement or stopped his payments.Insolvency proceedings have been opened over the guest's assets or the opening of proceedings has been rejected due to insufficient assets.

2. The Guest House Anna-Sophia will inform the guest immediately of the exercise of the right of withdrawal.

3. In the event of a justified withdrawal by the provider, the guest is not entitled to claim damages. In the event of claims for damages by the Anna-Sophia Guest House or the owner, the statutory provisions apply.

V. Cancellation by the guest

Cancellations must always be made in writing. Reserved accommodation can be cancelled free of charge up to 4 weeks before the start of the rental period after the rental agreement has been concluded. If a cancellation is made less than four weeks before the start of the rental period and no new tenant can be found for the reserved rental period, we will charge 80% of the agreed rental price for the first month of the rental period (for the entire rental period in the case of rentals less than a month) as compensation. The timeliness of the cancellation is determined by its receipt by the Anna-Sophia guest house. The guest reserves the right to prove that the Anna-Sophia guest house or the owner suffered less damage. If no prior written cancellation is made, the full amount will be charged. Cancellation also includes a change in the scope of the contract due to late arrival, early departure or no-show by the guest. In the event of early departure after check-in, a refund of the agreed price for all booked services is excluded.

VII. Technical facilities

The Anna-Sophia guest house or the owner provides a living space that is fully equipped with technical equipment and furniture. The guest is entitled to use existing and own technical equipment. Any electricity consumption that occurs within the usual scope is covered by the rental price. If the electricity consumption is exceptionally high, the Anna-Sophia guest house is entitled to bill the guest for the additional costs incurred. The guest is liable for any malfunctions or damage that result from the use of their own equipment. The guest has the option of using the Internet as an additional service during their stay. In such cases, the guest undertakes to comply with all applicable local, national and, if applicable, international laws and guidelines. The guest as the user is responsible for all actions and omissions in connection with use. In addition, the guest assumes full responsibility for any illegal use of the Internet connection and releases the Anna-Sophia guest house and the owner from any claims made by third parties.

VIII. Decoration material, objects brought along

The placement and attachment of decorative material and other objects on the walls is prohibited due to the risk of damage. The guest is liable for any damage caused if such objects are nevertheless brought in. No changes of any kind may be made to or in the rooms.

IX. Liability of Guesthouse Anna-Sophia and owner

The Anna-Sophia guest house and the owner are liable for their obligations under the contract. Claims for damages, regardless of the legal basis, are excluded. Liability for damages resulting from injury to life, body or health remains unaffected. Should disruptions or defects occur in the services provided by the Anna-Sophia guest house or the owner, the Anna-Sophia guest house will endeavour to remedy the situation if it becomes aware of them or if the guest immediately complains. The guest is obliged to do what is reasonable to remedy the disruption and to minimise any possible damage. If a parking space is made available to the guest, even for a fee, this does not constitute a storage contract. No liability is accepted for loss or damage to motor vehicles parked or maneuvered on the property and their contents.

X. Guest liability

The guest is obliged to handle the rental property carefully and with care. The guest is liable in accordance with the statutory provisions for damage to the building and/or inventory caused by the guest himself, his family members, guests or other third parties from his area. The Anna-Sophia guest house and the owners reserve the right to invoice claims for damages immediately with immediate due date. The guest is free to take out adequate insurance for such liability cases. The provider reserves the right to request proof of appropriate insurance.

XI. Final provisions

All changes and additions to the contract must be made in writing. The exclusive place of jurisdiction in commercial transactions is the registered office of the Anna-Sophia guest house, Schwaig. German law applies. If individual provisions of these general terms and conditions are ineffective or invalid, the effectiveness of the remaining provisions will not be affected. The same applies to contractual gaps. Otherwise, the statutory provisions apply.

A notice:

The customer/guest acknowledges that the Anna-Sophia guest house stores data from the contractual relationship in accordance with Section 28 of the Federal Data Protection Act for the purpose of data processing and reserves the right to transmit the data to third parties (e.g. insurance companies) if necessary for the performance of the contract.

Guesthouse Anna-Sophia, 14.10.2022