General Trading Conditions

General terms and conditions for the St.-Michaels-Heim hotel area

Scope of application
1. These general terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all services and deliveries for the customer rendered by Johannisches Sozialwerk e.V., St.-Michaels-Heim.
2. Subletting or re-rental of the rooms as well as their use for purposes other than accommodation requires the prior written consent of Johannisches Sozialwerk e.V., St.-Michaels-Heim.
3. The customer's terms and conditions only apply if they are previously expressly agreed.

Partner liability, limitation period
1. The contract is concluded once Johannisches Sozialwerk e.V., St.-Michaels-Heim, (hereinafter referred to as SMH) has accepted the customer's application. The SMH is free to confirm the room reservation in writing.
2. The contractual partners are the SMH and the customer. If a third party has made an order on behalf of the customer, he is liable to the SMH together with the customer as co-debtor for all obligations from the SMH admission contract, if the SMH has a corresponding statement by the third party.
3. The SMH is liable for its contractual obligations. In non-typical performance areas, its liability is limited to cases of intent and gross negligence.
4. The period of limitation for claims made by the customer is 6 months.
5. This limitation of liability and short period of limitation apply in favour of the SMH including the breach of obligation, during contract negotiations and positive breach of contract.

Prices, payment, offsetting
1. The SMH is obligated to keep the rooms booked by the customer ready and to render the agreed services.
2. The customer is obligated to pay the applicable or agreed prices of the SMS for rooms provided and for other services used. This also applies for services and expenses of the SMH arranged by the customer on behalf of a third party.
3. The agreed prices include the applicable VAT. If the period between conclusion of the contract and fulfilment is greater than 4 months and the price for the services provided by the SMH increases in the meantime, the contractually agreed price can be increased to an appropriate extent, but by no more than 10%.
4. Furthermore, the SMH can change the prices if the customer at a later date wishes to change the number of reserved rooms, the services of the SMH or the length of stay of the guests and the SMH agrees.
5. The SMH's invoices without a due date are payable within 10 days of receipt of the invoice without deductions. The SMH has the right to declare accrued receivables to be due at any time and ask for payment to be made immediately. In case of default, the SMH is entitled to charge interest of 4% above the current bank rate of Deutsche Bundesbank. The customer has the right to prove that respective expenses are lower, whilst the SMH provides evidence that they are higher.
6. The SMH has the right to request reasonable advance payment or security deposit upon conclusion of the contract or thereafter, observing the legal provisions for package tours. The amount of advance payment and the payment deadlines may be be stipulated in writing in the contract.
7. The customer may only offset or reduce an undisputed or legally binding receivable against a receivable of the SMH.

Withdrawal on the part of the customer (cancellations)
1. The customer may withdraw from the contract entered into with the SMH only with the written consent of the SMH. If this is not provided, then the contractually agreed price has to be paid even if the customer does not use a contractually agreed service. This does not apply in the event of a delay in performance on the part of the SMH or an impossibility of performance, which is to be justified.
2. If a date for withdrawal from the contract was agreed in writing between the SMH and the customer, the customer may withdraw from the contract until that date without triggering payment claims or damage compensation on the part of the SMHs. The right of withdrawal expires if it is not asserted by the customer in written form by that date provided there is no delay in performance on the part of the SMH or an impossibility of performance for which the SMH is at fault.
3. If rooms are not used by the customer the SMH shall offset this against the income from otherwise letting the rooms as well as expenditures saved.
4. At its discretion, the SMH may require flat-rate compensation from the customer for damages incurred. In that case, the customer is obligated to pay 90% of the contractually agreed price for accommodation with or without breakfast. The customer is at liberty to show that no damage was incurred or that the damage incurred by the SMH is lower than the flat rate claimed.

Withdrawal of the SMH
1. If the customer's right to withdraw was agreed in writing within a specified period, the SMH has the right to withdraw from the contract within this period if there are inquiries from other customers regarding the contractually reserved rooms and the customer, upon inquiry by the SMH, does not waive his right of withdrawal.
2. If an agreed advance payment is not made even after expiration of a reasonable extension period set by the SMH, the SMH will also be entitled to withdraw from the contract.
3. In addition, the SMH will be entitled to withdraw from the contract for justified reasons, for example if force majeure or other circumstances for which the SMH is not responsible make it impossible to fulfil the contract, the accommodation is booked under misleading or false information regarding material facts such as the customer or purpose of the reservation, the SMH has justified cause to believe that the use of the services might jeopardize the smooth operation, security or reputation of the SMH in public without this being attributable to the management or organization of the SMH or this constitutes an infringement of the above scope of application section 2.
4. The SMH must immediately notify the customer if it exercises its right to withdraw.
5. In the event of the justified withdrawal of the SMH, the customer is not entitled to compensation.

Making rooms available, handover of rooms and return of rooms
1. The customer has no right to be provided with specific rooms.
2. Booked rooms are available to the customer from 2 p.m. on the agreed day of arrival. The customer has no right to earlier availability of the rooms.
3. On the agreed day of departure, the rooms of the SMH must be vacated no later than 11 a.m. Thereafter, the SMH, beyond the damage incurred to it thereby, may charge 50% of the full accommodation price (list price) for the additional use of the room until 6 p.m., and 100%. from 6 p.m. The customer is free to prove that the SMH did not incur any damages or significantly lower damages.

Liability of the SMH
1. The SMH is liable with the diligence of a prudent businessman. This liability is in the area not typical of its performance, but it is restricted to performance defects, damage, consequential damage or faults due to gross negligence on the part of the SMH. Should disruptions or defects occur in respect of service provision on the part of the SMH, the SMH will remedy this upon knowledge thereof or upon the customer's complaint. The client is obligated to contribute to a reasonable degree to rectify the disruption and minimise the damage.  

2. The SMH is liable for items brought by the customer in accordance with statutory provisions, i.e. up to one hundred times the room price, and no more than 3,000.00 euros, and for cash and valuables up to 750.00 euros. Cash and valuables may be stored in the SMH or room safe up to a maximum value of (sum insured). The SMH recommends that guests make use of this option. The liability claims expire if the customer does not notify the SMH immediately (§ 703 BGB).
3. Unlimited liability of the SMH is governed by the statutory provisions.
4. If the customer is provided with a parking space on the SMH car park, this does not constitute a safekeeping contract. The SMH is not liable for loss or damage of the vehicles parked or moved on the SMH property, nor for their content, except in cases of intent or gross negligence. The same applies to the vicarious agents of the SMH.
5. The SMH carries out wake-up services with the utmost care. Claims for damages, except in cases of gross negligence or wilful intent, are excluded.
 6. Messages, mail and merchandise delivered to guests are handled with care. The SMH takes care of delivery, storage and, on request (and for a surcharge), the forwarding of these items. Claims for damages, except in cases of gross negligence or wilful intent, are excluded.

Final provisions
1. Changes or additions to the contract, and the acceptance of these general terms and conditions must be made in writing. Unilateral changes or additions made by the customer are invalid.
2. The place of performance and payment is the registered office of Johannisches Sozialwerk e.V.
3. In relation to commercial transactions, including disputes relating to cheques and bills of exchange, the exclusive place of jurisdiction is the registered office of the SMH. Provided that a contractual partner complies with the requirements of § 38 para. 1 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the SMH.
4. German law applies.
5. If individual provisions of these general terms and conditions should be or become invalid, this does not affect the validity of the remaining provisions. In all other respects, the provisions of law shall apply.

Last updated: April 2016