I. These Terms and Conditions govern contracts for the rental use of the
Apartments “Aufhauser Hof”, Erhardigasse 11, 93047 Regensburg for accommodation and all services provided in this connection for the guest services and deliveries of the lessor (“Accommodation Agreement”).
1.1 Lessor is: Brigitte Löffler, Erhardigasse 11, 93047 Regensburg
1.2 Accommodation is the temporary reception of persons (“guests”) to
stay for a fee.
1.3 An apartment is a self-contained accommodation in a building that has
plumbing and self-catering facility and is intended for temporary stay of
2 The subletting or letting of the apartment, as well as their use for purposes
other than accommodation require the prior consent of the landlord in writing,
§ 540 paragraph 1 sentence 2 German Civil Code is waived insofar as the
customer is not a consumer.
3 Terms score only apply if this has been expressly agreed in writing.
II. contractor, contract and statute of limitations
1 The contract is concluded by the acceptance of the application by the owner of
the guest. The landlord will confirm the room reservation in writing immediately.
2 Contractors are the owner and the guest. Has ordered a guest to a third party,
he is liable to the landlord over together with the guest and severally liable
for all obligations under the Accommodation Agreement, unless the landlord has a
corresponding statement by the third party.
3 All claims against the landlord shall expire one year from the statutory
limitation period. Damage claims shall, independent of knowledge in five years,
unless they are based on a violation of life, body, health or liberty. These
damage claims expire in ten years, independent of knowledge. The limitation
periods shall not apply to claims which are based on an intentional or grossly
negligent breach of duty by the landlord.
III. Services, prices, payment, settlement
1 The landlord is obliged to have the booked by the guest apartment and to
render the agreed services.
2 The guest is required to pay or apply for transfer of the apartment and used
by him claim further agreed services prices of the landlord. This also applies
caused by the guest services and expenses of the lessor to a third party. The
agreed prices include applicable sales tax.
3 If the period between conclusion of the contract and the contract exceeds four
months and if the price generally charged by the landlord for such services,
this may raise the contractually agreed price, but not by more than 10%.
4 Bills of the lessor without a due date within 10 days from receipt of the
invoice without deduction. The landlord may demand immediate payment of
outstanding receivables at any time by the guest. In default of payment, the
landlord is entitled to demand the respectively applicable statutory default
interest in the amount of currently 8% or, with legal transactions with a
consumer in the amount of 5% above the base rate. The landlord is entitled to
prove greater damage.
5 The landlord is entitled to require a reasonable advance payment in the
contract by the guest. The amount of the advance payment and payment dates may
be agreed in writing in the contract.
6 In justified cases, eg in arrears score or expand scope of the contract, the
landlord is entitled, even after the contract until the beginning of the stay an
advance payment or security deposit within the meaning of the above number 5 or
an increase agreed in the contract payment or security to to require the total
7 The landlord is also entitled to the beginning and during the stay of the
guests a reasonable advance payment or security deposit within the meaning of
the above number 5 to demand for existing and future claims under the contract,
if such has not already described in the previous numbers were made 5 and 6th
8 The guest may only offset undisputed or legally valid claim against a claim of
the landlord or charge.
IV. Cancellation by the guest (Cancellation / Annulment) / Failure to Use the
1 A withdrawal score of the contract with the landlord requires the consent of
the landlord in writing. If not this, then the price agreed in the contract must
be paid even if the guest does not contractual services.
2 Provided between the landlord and the guest a date for a cost-free
cancellation of the contract has been agreed in writing, the guest may cancel
the contract until that, without incurring payment or damage compensation claims
by the landlord. The right of withdrawal score expire if he does not exercise
his right of rescission against the landlord in writing by the agreed date.
3 Have not been used by the Guest Services, the landlord must credit the income
from renting the apartment and also for saved expenses. If the apartment is not
rented to another, the landlord can demand the contractually agreed compensation
and flat-rate deduction for saved expenses of the landlord. The client in this
case is obliged to pay 90% of the contractually agreed rate for lodging. The
guest is free to prove that the above-mentioned claim was not created or not
created in the amount demanded.
V. Repudiation by lessor
1 Been agreed upon in writing, that the guest within a certain period can be
charged to withdraw from the contract, the landlord is entitled for its part in
this period, to withdraw from the contract if requests by other guests after the
contractually booked apartment and guest upon inquiry by the landlord on does
not waive his right of rescission.
2 Not an advance payment or security deposit is an agreed or in accordance with
Section III, paragraphs 5 and / or 6 required even after a reasonable grace
period set by the landlord, the landlord is entitled to withdraw from the
3 Furthermore, the landlord is entitled to effect extraordinary cancellation of
the contract for materially justifiable cause, eg if
- force majeure or other circumstances beyond the landlord is not the
fulfillment of the contract impossible;
- room or rooms culpably material contractual misleading or false information facts, such as the identity of the guest or the purpose of his stay, the booking;
- the landlord has reasonable grounds to believe that use of the landlord’s services might jeopardize the smooth operation, security or the reputation of the agency in public, without this being attributable to the management or organization of the lessor;
- the purpose or the cause of the stay is illegal or unlawful acts by the host to be made;
- the host animals carries with it;
- representatives of the host or Pendant racist, anti-Semitic, right-or left-radical or other extremist or anti-constitutional worldviews is;
- a breach of the above mentioned points I 2 exists.
4 The customer can derive no right landlord score for damages.
VI. Room Availability, Delivery and Return
1 The apartment is booked for guests from 14:00 clock on the agreed day of
arrival. The guest has no right to earlier availability.
2 On the agreed day of departure the apartment is to ask the landlord evicted at
11:00 clock the latest. Then the landlord due to the delayed vacating of the
apartment for their contract-border use until 18:00 clock 50% of the full
accommodation rate (list price) in accounting, from 18:00 clock or if the usage
on that day already agreed with another guest contractually is 100%. Contractual
claims of the guest are not justified. The customer is at liberty to show that
the landlord incurred no or much lesser claim to use.
3 The landlord is entitled to charge compensation for damages in the room,
nonconforming use and increased cleaning costs for unusual or deliberate
VII. Liability of owner
1 The owner is liable for its obligations under the contract. The Guest’s claims
for damages are excluded. Does not include damages from injury to life, body or
health, or if the landlord is responsible for the breach of duty, other damages
based on an intentional or grossly negligent breach of the landlord and damage
of an intentional or negligent breach typical contractual obligations of the
landlord based. A breach of duty of the landlord by a legal representative or
vicarious agent. Should disruptions or defects in the performance of the
landlord, the landlord shall endeavor with knowledge or to a breach of the guest
to provide relief. The guest is obliged to contribute reasonable to eliminate
the disruption and to keep any possible damage.
2 The landlord is liable according to the statutory provisions for things
VIII. Final Provisions
1 Amendments and supplements to the contract, the acceptance of these terms and
conditions must be in writing. Unilateral amendments and supplements by the
guest are ineffective.
2 Performance and payment is the location of the landlord.
3 Exclusive jurisdiction – also for check and exchange disputes – for commercial
traffic of the office of the lessor. If a contracting party fulfills the
requirements of § 38 paragraph 2 ZPO has met and has no general jurisdiction in
Germany, the courts at the seat of the landlord.
4 German law applies. The application of the CISG and the law is excluded.
Should individual provisions of these General Terms and Conditions be or become
invalid or void, then the validity of the remaining provisions shall not be
affected. Moreover, the statutory provisions apply.