General Terms and Conditions for the Hotel Accommodation Contract for ADAPT APARTMENTS GmbH

I. Scope

These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and supplies provided to the customer by ADAPT APARTMENTS BERLIN GmbH (hereinafter referred to as “Hotel” or “Adapt”). The term

“Hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.

The sub-letting or sub-letting of the rooms provided and their use for purposes other than accommodation requires the prior written consent of the hotel.

The customer's general terms and conditions only apply if this has been expressly agreed in writing beforehand.

Customers within the meaning of these terms and conditions are both consumers and entrepreneurs within the meaning of §§13, 14 BGB.

I.I Scope of the Gießen object

Accommodation is only provided for verifiable trips for business or academic purposes.

Private trips are only possible on request with a special reason.

II. Conclusion of Contract, Partner; Statute of Limitations

  1. The contract is concluded when the hotel accepts the customer's request. If the hotel makes a binding offer to the customer, the contract is concluded when the hotel offer is accepted by the customer. The room reservation should be confirmed in text form.
  2. The contract partners are the hotel and the customer. If a third party has ordered for the customer, the customer is jointly and severally liable to the hotel together with the third party for all obligations under the hotel accommodation contract, provided that the hotel receives a corresponding declaration from the third party.
  3. All claims made by the customer or third party against the hotel generally expire 1 year from the start of the knowledge-based regular limitation period within the meaning of Section 199 (1BGB).
  4. However, claims for damages against the hotel expire at the latest after 3 years, regardless of knowledge, no later than 10 years from the breach of duty. These limitations do not apply...
  • for claims based on intent or gross negligence on the part of the hotel — including its vicarious agents.
  • in the event of damage caused by negligence resulting from injury to life, limb or health.
  1. In the event of property and financial damage caused by negligence, the shortened limitation periods do not apply in the event of a breach of an essential contractual obligation. Significant contractual obligations are those whose fulfilment shapes the contract and on which the customer may rely.

III. Services, Prices, Payments, Offsetting

  1. The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
  2. The customer is obliged to pay the hotel prices applicable or agreed upon for the provision of rooms and other services used by him. This also applies to services and expenses made by the hotel to third parties initiated by the customer. The agreed prices include taxes and local charges applicable at the time the contract is concluded. It does not include local taxes that are owed by the guest himself in accordance with the respective local law, such as tourist tax. In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local taxes on the subject of the service after conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion of contract and performance of the contract exceeds 4 months.
  3. The hotel may make its consent to a subsequent reduction in the number of booked rooms, the service provided by the hotel or the length of stay of the customer subject to an increase in the price of the rooms or for the other services provided by the hotel.
  4. Hotel invoices without a due date are payable in full within 14 calendar days of receipt of the invoice. The hotel is entitled to make accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest. In addition, in case of default, the hotel may claim a fee of 5.00 EUR per reminder. The hotel reserves the right to prove and claim higher damages.
  5. The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package holidays. The amount of the advance payment and the payment dates can be agreed in text form in the contract.
  6. Invoices from third parties (placement agencies) for arranged accommodation services will only be paid by us after payment of the arranged accommodation service by the service provider. In the event of partial or complete default of payment by the service recipient, the commission claim for the brokered services and goods automatically expires.
  7. In justified cases, e.g. if the customer defaults on payment or an extension of the scope of the contract, the hotel is entitled to demand an advance payment or security deposit in the sense of paragraph 5 above or an increase in the advance payment or security agreed in the contract up to the full agreed remuneration.
  8. The customer can only offset an undisputed or legally binding claim against a claim from the hotel.

IV. Withdrawal by the Customer (Cancellation, Cancellation) /Failure to use the Hotel Services (No Show)

  1. Withdrawal by the customer from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, if there is another legal right of withdrawal or if the hotel expressly agrees to the cancellation of the contract. The agreement on a right of withdrawal and any consent to a cancellation of the contract should be made in writing.
  2. If an appointment has been made between the hotel and the customer to withdraw from the contract free of charge (option), the customer can withdraw from the contract until then without triggering payment or compensation claims from the hotel. The customer's right of withdrawal expires if he does not exercise his right to withdraw from the hotel in writing by the agreed date.
  3. If a right of withdrawal has not been agreed or has already expired, there is also no legal right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel remains entitled to the agreed remuneration despite failure to use the service. The hotel must offset the income from renting out the rooms to other parties and the expenses saved. If the rooms are not rented out elsewhere, the hotel can lump sum the deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast and for package arrangements with third-party services, 70% for half-board and 60% for full board arrangements. The customer is free to prove that the claim did not arise or did not arise in the required amount.
  4. If the hotel specifically calculates the compensation, the amount of the compensation is at most the amount of the contractually agreed price for the service to be provided by the hotel, minus the value of the expenses saved by the hotel and what the hotel acquires through other uses of the hotel services.
  5. The above compensation regulations apply mutatis mutandis if the guest does not make use of the booked room or the booked services without giving notice in good time (no show).

V. Withdrawal by the Hotel

  1. If the customer's right of withdrawal free of charge has been agreed in writing within a specific period of time, the hotel is also entitled to withdraw from the contract free of charge during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his right to withdraw within 2 weeks upon inquiry from the hotel. If the customer allows this period to lapse idly, the hotel is entitled to cancel.
  2. If an advance payment or security deposit agreed upon or required in accordance with Section III. 5 is not made even after expiry of a reasonable period of grace set by the hotel, the hotel is also entitled to withdraw from the contract.
  3. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for objectively justified reasons, in particular if...
  • force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
  • rooms are culpably booked with misleading or false information or concealment of material facts (e.g. in the person of the customer, ability to pay or the purpose of stay);
  • the hotel has reasonable cause to believe that the use of the hotel services may jeopardize the smooth operation, security or public reputation of the hotel without this being attributable to the hotel's sphere of control or organization;
  • There is an infringement of I. paragraph 2.
  1. In the event of a justified cancellation by the hotel, the customer is not entitled to compensation.

VI. Room Provision, Handover and Return

  1. The customer is not entitled to the provision of specific rooms unless this has been expressly agreed.
  2. Booked rooms are available to the customer from 16:00 on the agreed arrival day at the earliest. Booked country houses/apartments are available to the customer no earlier than 17:00 on the agreed day of arrival. The customer is not entitled to earlier provision.
  3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 at the latest. The country houses/apartments must be made available to the hotel no later than 10.00 a.m. on the agreed departure date. Thereafter, if the room/country house or apartment is vacated late, the hotel may charge 50% of the current daily accommodation price for its use across the contract until 18:00 and then 100% from 18:00 onwards. This does not justify the customer's contractual claims. He is free to prove that the hotel has no or significantly lower claim to a usage fee. In addition, the hotel reserves the right to prove and claim higher damages.

VII. Liability of the Hotel

  1. In the event of damage caused, Adapt is liable in the event of intent and gross negligence — including by its vicarious agents — in accordance with the statutory provisions. The same applies to damage caused by negligence resulting from injury to life, limb or health. In the event of material and financial damage caused by negligence, Adapt and its vicarious agents are only liable for the breach of an essential contractual obligation, but limited to the damage foreseeable and typical of the contract at the time of conclusion of the contract; essential contractual obligations are those whose fulfilment shapes the contract and on which the customer may rely. Should faults or deficiencies occur in the hotel's services, the hotel will endeavour to remedy the situation upon becoming aware of or immediately complaining from the customer. The customer is obliged to do what is reasonable to rectify the fault and to keep potential damage to a minimum, and to immediately report any faults or damage to the hotel.
  2. For items brought in, the hotel is liable to the customer in accordance with the statutory provisions of Sections 701 et seq. of the German Civil Code (BGB) up to a maximum of 3,500.00 EUR. For money, securities and valuables, 3,500.00 EUR is replaced by the amount of 800.00 EUR.
  3. If the guest wishes to bring in money, securities and valuables with a value of more than 800.00 EUR or other items with a value of more than 3,500.00 EUR, this requires a separate storage agreement with the hotel. Storage in a hotel or room safe is always recommended. The above provision of VII.Paragraph 1 applies to further liability on the part of the hotel.
  4. If a parking space in the hotel garage or in a hotel parking lot is also made available to the customer for a fee, this does not result in a custody contract. If motor vehicles parked or shunted on the hotel property and their contents are lost or damaged, the hotel is only liable in accordance with Section VII. 1.
  5. Wake-up calls are carried out by the hotel with great care. Messages, mail and shipments of goods for customers are also handled with great care. The hotel will deliver and store them (in each case at the hotel) and — upon request — send them for a fee. Paragraph 1 above applies accordingly.

Each guest is responsible for the security of their devices while connected to the Internet. The hotel assumes no liability should damage, malfunctions or defects occur. The hotel also cannot guarantee that all services offered will work properly if the guest device is not up to date with all software updates.

VIII. Final Provisions

  1. Amendments or additions to the contract, application acceptance or these general terms and conditions for the hotel accommodation contract should be made in text form. Unilateral changes or additions by the customer are ineffective.
  2. The place of fulfilment and payment is the registered office of the respective hotel.
  3. The exclusive place of jurisdiction — including for check and bill of exchange disputes — is Cologne in commercial transactions. If a contractual partner meets the requirements of Section 38 paragraph 2 of the Code of Civil Procedure and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.
  4. Only German law applies. The application of UN sales law and conflict of law law is excluded.
  5. Should individual provisions of these general terms and conditions for the hotel accommodation contract be or become invalid or void, this shall not affect the effectiveness of the remaining provisions. In all other respects, the legal regulations apply.

Status: 04/2022