Conditions
CONDITIONS
General terms and conditions of Octillion Residence GmbH for the guest house Hansa Residence in Hamburg
1. SCOPE
1. These terms and conditions apply to contracts for the rental of guesthouse rooms for accommodation and other services of the guest house (accommodation contract).
2. The subletting or subletting of the rooms provided and their use for purposes other than accommodation are not permitted.
3. General terms and conditions of the customer only apply if this has been expressly agreed beforehand in text form.
2. CONCLUSION OF CONTRACT, PARTNER, LIMITATION
1. The guest house is free to confirm the room booking in text form.
2. The contractual partners are the guest house and the guest. If a third party has ordered for the customer, he is liable towards the guest house together with the customer as joint debtor.
3. All claims against the guest house generally expire one year from the start of the statutory limitation period. Claims for damages expire after five years. The limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the guest house.
3. SERVICES, PRICES, PAYMENT, SET-OFF
1. The guest house is obliged to keep the rooms booked by the guest ready and to provide the agreed services.
2. The guest is obliged to pay for the room provision and the other services used by him at the guest house's applicable prices. This also applies to services and expenses of the guest house arranged by the guest to third parties. The agreed prices include the respective statutory sales tax.
3. The guest house can make its consent to a subsequent reduction in the number of rooms booked, the service provided by the guest house or the length of stay of the customer dependent on the price of the room and / or the other services of the guest house being increased .
4. Invoices from the guest house are payable without deduction within 7 days of the invoice being sent. In the event of late payment, the guest house is entitled to a lump sum (late payment surcharge, processing fee) of 25 EUR.
5. The guest house is entitled to request an advance payment or security deposit from the guest upon conclusion of the contract. 7 days before arrival, the guest house authorizes the guest's deposited credit card with the invoice amount.
6. In justified cases, for example late payment by the guest, the guest house is entitled to refuse further services.
7. The guest can only offset or offset an undisputed or legally binding claim against a claim by the guest house.
4. GUEST CANCELLATION
1. A withdrawal of the guest from the contract concluded with the guest house requires the guest house's consent in text form. If this does not take place, the agreed price from the contract must also be paid if the guest does not use contractual services.
2. If a date for free withdrawal from the contract in text form has been agreed between the guest house and the guest, the guest can withdraw from the contract until then without triggering payment or damage claims by the guest house. The guest's right of withdrawal expires if he does not exercise his right to withdraw from the guest house in text form by the agreed date.
3. In the case of rooms not used by the guest, the guest house must offset the income from renting these rooms to other parties. If the rooms are not rented out to any other person, the guest house can invoice 100% of the contractually agreed remuneration.
4. A right to withdraw from the contract concluded with the guest house expires eight weeks before the contractually agreed arrival date. Note: According to Directive 2011/83 / EU of the European Parliament, Article 16, the 14-day right of withdrawal does not apply to guest house bookings. The cancellation policy of the guest house applies.
5. WITHDRAWAL OF THE GUEST HOUSE
1. If it has been agreed in text form that the guest can withdraw from the contract free of charge within a certain period, the guest house is also entitled to withdraw from the contract during this period (for example non-compliance with contractually agreed advance payment).
2. If the guest house withdraws justifiably, the guest is not entitled to compensation.
6. ROOM DELIVERY, DELIVERY AND RETURN
1. The guest is not entitled to the provision of certain rooms unless this has been expressly agreed in text form.
2. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability. Unless a later arrival time has been expressly agreed or the room in question has been paid in advance, the guest house has the right to allocate booked rooms to other guests after 7 p.m. without the guest being able to derive a claim against the guest house. There is no obligation to outsource it.
3. On the agreed departure date, the rooms must be vacated and made available to the guest house by 10:00 a.m. at the latest. Thereafter, due to the delayed evacuation of the room for use beyond the contract, the guest house can charge 50% of the full room rate until 3:00 p.m., from 3:00 p.m. 100%. This does not justify contractual claims by the customer.
7. GUEST HOUSE LIABILITY
1. The guest house is liable for its obligations under the contract. Guest claims for compensation are excluded. This does not include damage resulting from injury to life, limb or health if the guest house is responsible for the breach of duty, other damage based on an intentional or grossly negligent breach of duty by the guest house and damage based on an intentional or negligent breach of contractual obligations of the guest house. Should faults or defects occur in the services of the guest house, the guest house will endeavor to remedy the situation if the guest becomes aware of it or if the guest gives notice immediately. The guest is obliged to make a reasonable contribution to remedy the fault and to keep any damage to a minimum.
4. The guest house is not liable for theft and damage to things brought in by guests or visitors in public areas of the guest house, in common rooms or other facilities. For things that the guest brings into the room he has rented, liability is limited to the legally permissible level, in particular liability for slight negligence is excluded.
5. Items left behind by the guest will only be forwarded at the customer's request, risk and expense. The guest house keeps the things for three months; afterwards, if there is a recognizable value, they will be handed over to the local lost property office. If the lost property office is not ready to take over, the items are kept for another nine months and then either recovered or destroyed. For liability from the guest house, the above No. 1 sentences 1 to 5 apply accordingly.
8. GUEST'S LIABILITY FOR DAMAGE
1. The guest is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties in his area or himself. For example, if you smoke in the guest house rooms, all costs, such as room cleaning, all renovation work and possible purchases of new furniture, etc. are to be borne by the customer 100%.
10. NON-SMOKING GUEST HOUSE / FIREFIGHTER ALARM
Smoking is prohibited in the entire guest house. If guests smoke in the room, we share the cleaning costs with EUR 50. If the room cannot be rented the next day due to the strong smell of smoke, an additional night will be charged according to the current room price. For example, if you smoke in the guest house rooms, all costs, such as room cleaning, all renovation work and possible purchases of new furniture, etc. are to be borne by the customer 100%. All rooms and guest rooms are connected to a fire alarm center by smoke detectors. In the event of a fire alarm due to the fault of the guest, all costs that are directly related to this, such as the use of the fire brigade or the subsequent costs to restore the operating state, are to be borne solely by the guest. If the smoking ban is disregarded, especially in the rooms, a cleaning fee of up to € 300.00 will be charged.
11. CANCELLATION BY THE GUEST HOUSE
The guest house is entitled to cancel accommodation contracts at any time (even after moving into the room / s) if the guest / guest group demonstrably damages the reputation, security (especially protection of minors) and reputation of the guest house.
12. PRIVACY
The customer consents to the business-related processing of his personal data. This notice is considered a notification in accordance with Section 33 (1) of the Federal Data Protection Act or Art. 13 GDPR. This data is stored for as long as statutory retention requirements so require.
13. AGREEMENT ON THE USE OF AN INTERNET ACCESS BY INTERNET ACCESS BY WLAN
1. Permission to share Internet access
Octillion Residence GmbH operates Internet access via WLAN in its guest house. It allows the guest to access the Internet. The shared use is a service provided by the guest house and is revocable at any time. By logging into our system, the guest agrees to the terms of use in § 11. Octillion Residence GmbH does not guarantee the actual availability or reliability of the Internet access for any purpose. He is entitled at any time to completely, partially or temporarily stop the operation of the Internet access, to allow additional co-users and to restrict or exclude the customer's access in whole, in part or temporarily. In particular, Octillion Residence GmbH reserves the right to block access to certain pages or services via WLAN at its own discretion and at any time. (eg violent, pornographic or paid pages). The co-user alone is responsible for creating all technical and organizational requirements for using the Internet.
2. Access data
Use by entering your username and password. The access data (user name and password) are only intended for personal use and for the duration of the stay in the guest house. Under no circumstances may they be passed on to third parties. The customer undertakes to keep his access data secret. The owner has the right to change the access code at any time.
3. Dangers of Internet use, limitation of liability
The guest is advised that WLAN only allows access to the Internet. Virus protection and firewall are not available. The data traffic generated using the Internet is unencrypted. The data can therefore possibly be viewed by third parties. The owner expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) may end up on the end device when using the Internet. Use of the Internet is at your own risk and at the customer's own risk. The owner assumes no liability for damage to the guest's computer caused by the use of the Internet access, unless the damage was caused intentionally or through gross negligence.
4. Logging usage behavior
According to § 113a TKG (BGBL), Octillion Residence GmbH is obliged to log all usage data and save it for 6 months. After the obligation to maintain data has expired, all usage data will be deleted.
5. Security
The data transfer is free of charge, but unencrypted. The data can therefore possibly be viewed by third parties. Please note this in particular when transmitting secret or operational data. The WLAN only allows access to the Internet. The retrieved content is not subject to review by Octillion Residence GmbH, especially not to determine whether it contains malware. Internet access is used at the user's own risk and risk. The owner expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) may end up on the end device when using the Internet.
6. Responsibility and exemption from claims
The guest is responsible for the data transmitted over the Internet, the services used and legal transactions. If the guest visits chargeable websites or takes on liabilities, the resulting costs are to be borne by him. He is obliged to comply with the applicable law when using Internet access.
In particular, it will:
The co-user releases Octillion Residence GmbH from all damage and claims by third parties which are based on illegal use of the WLAN by the co-user and / or a breach of this agreement, this also extends to claims related to the claim or its defense Costs and expenses. If the customer recognizes or has to recognize that such a violation of the law and / or such a violation exists or is imminent, he informs the guest house of this fact.
12. FINAL PROVISIONS
1. Changes and additions to the contract or these general terms and conditions should be made in text form. Unilateral changes or additions by the customer are invalid.
2. The place of fulfillment and payment is Hamburg.
3. German law applies. The application of the UN sales law and the conflict of laws or similar is excluded.
4. Should individual provisions of these general terms and conditions be or become invalid or void, this does not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply.
Octillion Residence GmbH, as of April 2020
1. SCOPE
1. These terms and conditions apply to contracts for the rental of guesthouse rooms for accommodation and other services of the guest house (accommodation contract).
2. The subletting or subletting of the rooms provided and their use for purposes other than accommodation are not permitted.
3. General terms and conditions of the customer only apply if this has been expressly agreed beforehand in text form.
2. CONCLUSION OF CONTRACT, PARTNER, LIMITATION
1. The guest house is free to confirm the room booking in text form.
2. The contractual partners are the guest house and the guest. If a third party has ordered for the customer, he is liable towards the guest house together with the customer as joint debtor.
3. All claims against the guest house generally expire one year from the start of the statutory limitation period. Claims for damages expire after five years. The limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the guest house.
3. SERVICES, PRICES, PAYMENT, SET-OFF
1. The guest house is obliged to keep the rooms booked by the guest ready and to provide the agreed services.
2. The guest is obliged to pay for the room provision and the other services used by him at the guest house's applicable prices. This also applies to services and expenses of the guest house arranged by the guest to third parties. The agreed prices include the respective statutory sales tax.
3. The guest house can make its consent to a subsequent reduction in the number of rooms booked, the service provided by the guest house or the length of stay of the customer dependent on the price of the room and / or the other services of the guest house being increased .
4. Invoices from the guest house are payable without deduction within 7 days of the invoice being sent. In the event of late payment, the guest house is entitled to a lump sum (late payment surcharge, processing fee) of 25 EUR.
5. The guest house is entitled to request an advance payment or security deposit from the guest upon conclusion of the contract. 7 days before arrival, the guest house authorizes the guest's deposited credit card with the invoice amount.
6. In justified cases, for example late payment by the guest, the guest house is entitled to refuse further services.
7. The guest can only offset or offset an undisputed or legally binding claim against a claim by the guest house.
4. GUEST CANCELLATION
1. A withdrawal of the guest from the contract concluded with the guest house requires the guest house's consent in text form. If this does not take place, the agreed price from the contract must also be paid if the guest does not use contractual services.
2. If a date for free withdrawal from the contract in text form has been agreed between the guest house and the guest, the guest can withdraw from the contract until then without triggering payment or damage claims by the guest house. The guest's right of withdrawal expires if he does not exercise his right to withdraw from the guest house in text form by the agreed date.
3. In the case of rooms not used by the guest, the guest house must offset the income from renting these rooms to other parties. If the rooms are not rented out to any other person, the guest house can invoice 100% of the contractually agreed remuneration.
4. A right to withdraw from the contract concluded with the guest house expires eight weeks before the contractually agreed arrival date. Note: According to Directive 2011/83 / EU of the European Parliament, Article 16, the 14-day right of withdrawal does not apply to guest house bookings. The cancellation policy of the guest house applies.
5. WITHDRAWAL OF THE GUEST HOUSE
1. If it has been agreed in text form that the guest can withdraw from the contract free of charge within a certain period, the guest house is also entitled to withdraw from the contract during this period (for example non-compliance with contractually agreed advance payment).
2. If the guest house withdraws justifiably, the guest is not entitled to compensation.
6. ROOM DELIVERY, DELIVERY AND RETURN
1. The guest is not entitled to the provision of certain rooms unless this has been expressly agreed in text form.
2. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability. Unless a later arrival time has been expressly agreed or the room in question has been paid in advance, the guest house has the right to allocate booked rooms to other guests after 7 p.m. without the guest being able to derive a claim against the guest house. There is no obligation to outsource it.
3. On the agreed departure date, the rooms must be vacated and made available to the guest house by 10:00 a.m. at the latest. Thereafter, due to the delayed evacuation of the room for use beyond the contract, the guest house can charge 50% of the full room rate until 3:00 p.m., from 3:00 p.m. 100%. This does not justify contractual claims by the customer.
7. GUEST HOUSE LIABILITY
1. The guest house is liable for its obligations under the contract. Guest claims for compensation are excluded. This does not include damage resulting from injury to life, limb or health if the guest house is responsible for the breach of duty, other damage based on an intentional or grossly negligent breach of duty by the guest house and damage based on an intentional or negligent breach of contractual obligations of the guest house. Should faults or defects occur in the services of the guest house, the guest house will endeavor to remedy the situation if the guest becomes aware of it or if the guest gives notice immediately. The guest is obliged to make a reasonable contribution to remedy the fault and to keep any damage to a minimum.
2. Force majeure or other circumstances beyond Octillion Residence GmbH's control that make it impossible to fulfill the contract release the guest house from any liability.
3. The guest house expressly assumes no liability for loss (especially of jewelry and cash). The safekeeping of the cloakroom and musical instruments is also the responsibility of the guest.
4. The guest house is not liable for theft and damage to things brought in by guests or visitors in public areas of the guest house, in common rooms or other facilities. For things that the guest brings into the room he has rented, liability is limited to the legally permissible level, in particular liability for slight negligence is excluded.
5. Items left behind by the guest will only be forwarded at the customer's request, risk and expense. The guest house keeps the things for three months; afterwards, if there is a recognizable value, they will be handed over to the local lost property office. If the lost property office is not ready to take over, the items are kept for another nine months and then either recovered or destroyed. For liability from the guest house, the above No. 1 sentences 1 to 5 apply accordingly.
6. Messages, mail, goods shipments for guests are handled with care. OctillionResidence GmbH assumes no liability for the delivery, storage and forwarding of the same. Any items left behind will only be forwarded at the request, risk and expense of the customer. Claims for damages, except for gross negligence or intent, are excluded
7. If a parking space in the garage is made available to the customer, also for a fee, this does not result in a custody contract. The guest house is not liable for loss of or damage to motor vehicles, trailers, motorbikes or trailers parked or maneuvered on the guest house property, except in the case of intent or gross negligence. This also applies to vicarious agents of the guest house. Driving and entering the entire private area of the guest house complex is at your own risk. Incorrectly parked and unauthorized motor vehicles, trailers, motorcycles or trailers will be towed away at the owner's expense.
8. GUEST'S LIABILITY FOR DAMAGE
1. The guest is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties in his area or himself. For example, if you smoke in the guest house rooms, all costs, such as room cleaning, all renovation work and possible purchases of new furniture, etc. are to be borne by the customer 100%.
2. The guest house can require the customer to provide adequate security, for example in the form of a credit card guarantee.
9. LOSS KEY / ACCESS CARD
We charge € 70.00 for lost house and room keys / cards.
10. NON-SMOKING GUEST HOUSE / FIREFIGHTER ALARM
Smoking is prohibited in the entire guest house. If guests smoke in the room, we share the cleaning costs with EUR 50. If the room cannot be rented the next day due to the strong smell of smoke, an additional night will be charged according to the current room price. For example, if you smoke in the guest house rooms, all costs, such as room cleaning, all renovation work and possible purchases of new furniture, etc. are to be borne by the customer 100%. All rooms and guest rooms are connected to a fire alarm center by smoke detectors. In the event of a fire alarm due to the fault of the guest, all costs that are directly related to this, such as the use of the fire brigade or the subsequent costs to restore the operating state, are to be borne solely by the guest. If the smoking ban is disregarded, especially in the rooms, a cleaning fee of up to € 300.00 will be charged.
11. CANCELLATION BY THE GUEST HOUSE
The guest house is entitled to cancel accommodation contracts at any time (even after moving into the room / s) if the guest / guest group demonstrably damages the reputation, security (especially protection of minors) and reputation of the guest house.
12. PRIVACY
The customer consents to the business-related processing of his personal data. This notice is considered a notification in accordance with Section 33 (1) of the Federal Data Protection Act or Art. 13 GDPR. This data is stored for as long as statutory retention requirements so require.
13. AGREEMENT ON THE USE OF AN INTERNET ACCESS BY INTERNET ACCESS BY WLAN
1. Permission to share Internet access
Octillion Residence GmbH operates Internet access via WLAN in its guest house. It allows the guest to access the Internet. The shared use is a service provided by the guest house and is revocable at any time. By logging into our system, the guest agrees to the terms of use in § 11. Octillion Residence GmbH does not guarantee the actual availability or reliability of the Internet access for any purpose. He is entitled at any time to completely, partially or temporarily stop the operation of the Internet access, to allow additional co-users and to restrict or exclude the customer's access in whole, in part or temporarily. In particular, Octillion Residence GmbH reserves the right to block access to certain pages or services via WLAN at its own discretion and at any time. (eg violent, pornographic or paid pages). The co-user alone is responsible for creating all technical and organizational requirements for using the Internet.
2. Access data
Use by entering your username and password. The access data (user name and password) are only intended for personal use and for the duration of the stay in the guest house. Under no circumstances may they be passed on to third parties. The customer undertakes to keep his access data secret. The owner has the right to change the access code at any time.
3. Dangers of Internet use, limitation of liability
The guest is advised that WLAN only allows access to the Internet. Virus protection and firewall are not available. The data traffic generated using the Internet is unencrypted. The data can therefore possibly be viewed by third parties. The owner expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) may end up on the end device when using the Internet. Use of the Internet is at your own risk and at the customer's own risk. The owner assumes no liability for damage to the guest's computer caused by the use of the Internet access, unless the damage was caused intentionally or through gross negligence.
4. Logging usage behavior
According to § 113a TKG (BGBL), Octillion Residence GmbH is obliged to log all usage data and save it for 6 months. After the obligation to maintain data has expired, all usage data will be deleted.
5. Security
The data transfer is free of charge, but unencrypted. The data can therefore possibly be viewed by third parties. Please note this in particular when transmitting secret or operational data. The WLAN only allows access to the Internet. The retrieved content is not subject to review by Octillion Residence GmbH, especially not to determine whether it contains malware. Internet access is used at the user's own risk and risk. The owner expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) may end up on the end device when using the Internet.
6. Responsibility and exemption from claims
The guest is responsible for the data transmitted over the Internet, the services used and legal transactions. If the guest visits chargeable websites or takes on liabilities, the resulting costs are to be borne by him. He is obliged to comply with the applicable law when using Internet access.
In particular, it will:
- Do not use Internet access to access or distribute immoral or illegal content;
- do not illegally reproduce, distribute or make accessible copyrighted goods;
- observe the applicable youth protection regulations;
- do not send or distribute any harassing, defamatory or threatening content;
- Internet access is not permitted to send mass messages (spam) and / or other forms
- Use advertising.
The co-user releases Octillion Residence GmbH from all damage and claims by third parties which are based on illegal use of the WLAN by the co-user and / or a breach of this agreement, this also extends to claims related to the claim or its defense Costs and expenses. If the customer recognizes or has to recognize that such a violation of the law and / or such a violation exists or is imminent, he informs the guest house of this fact.
12. FINAL PROVISIONS
1. Changes and additions to the contract or these general terms and conditions should be made in text form. Unilateral changes or additions by the customer are invalid.
2. The place of fulfillment and payment is Hamburg.
3. German law applies. The application of the UN sales law and the conflict of laws or similar is excluded.
4. Should individual provisions of these general terms and conditions be or become invalid or void, this does not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply.
Octillion Residence GmbH, as of April 2020