General terms and conditions of MARBURGER GRUND Service GmbH

§ 1. Validity Area

1. These terms and conditions apply to contracts for the rental of rooms and serviced apartments as well as all other services provided to the guest by MARBURGER GRUND Service GmbH (“MGS”) as the operator of the Elisabeth Apartments and the Elisabeth Bräu.
2. The subletting of the provided apartments or rooms and their use for other purposes than accommodation require the prior consent of the accommodation provider, whereby Section 540 Paragraph 1 Sentence 2 BGB is waived. The same applies to the use of the apartment by people/visitors exceeding the contractually agreed number of guests.
3. The customer’s and/or guest’s terms and conditions only apply if this has been explicitly agreed in writing in advance.
Our data protection declaration, which can be viewed on our website at, is part of our general terms and conditions.

§ 2. Conclusion of a contract, contractual partner, statute of limitations

1. The accommodation contract is concluded when MGS accepts the customer’s application. MGS is free to confirm the apartment or room booking in writing.
2. The contractual partners are MGS and the customer. If a third party has ordered for the customer, he or she is jointly and severally liable to MGS together with the guest for all obligations arising from the accommodation contract. It provided that MGS has received a corresponding declaration from the third person. The third person then becomes the contractual partner.
3. All claims against MGS generally expire one year from the start of the knowledge-dependent regular limitation period of Section 199 Paragraph 1 of the German Civil Code (BGB). Claims for damages expire in five years, regardless of knowledge. The shortened statute of limitations does not apply to claims based on an intentional or grossly negligent breach of duty or on justified withdrawal by MGS.

§ 3. Services, prices, payment, offsetting

1. MGS is obliged to keep the rooms or apartments booked by the customer or equivalent accomodations available and to provide the agreed services.
2. The customer is obliged to pay the MGS prices applicable or agreed for the room or apartment rental and the other services used by him. This also applies to MGS’s services and expenses to third parties initiated by the guest.
3. The agreed prices include the applicable statutory VAT. If a net price plus sales tax is explicitly agreed with an entrepreneur, the gross price is calculated from the contractual net price plus the sales tax applicable at the time of service. If the period between conclusion of the contract and fulfillment of the contract exceeds four months and the price generally charged by MGS for such services increases, MGS may increase the contractually agreed price appropriately, but by a maximum of 10%.
4. The prices can also be changed by MGS if the guest subsequently requests changes to the number of apartments booked, the services provided by MGS or the length of stay, if MGS agrees to this.
5. Invoices from MGS without a due date are payable immediately upon receipt of the invoice without deductions. MGS is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, MGS is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions in which the consumer is involved, 5% above the base interest rate. MGS reserves the right to prove greater damage.
6. MGS is entitled to demand an appropriate advance payment or security upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In this case, MGS is entitled to satisfy itself with regard to the agreed remuneration from the security deposit if payment deadlines are not met, e.g. by collecting the agreed remuneration by credit card.
7. The customer can only set off, withhold or reduce a claim from MGS with an undisputed or legally binding claim.
8. If the guest has the opportunity to specify non-contractual special requests during the booking process, these are always non-binding in nature. The guest has no right to the room or apartment meeting these non-contractual special requests unless there is an express confirmation to this effect in text form.
9. Remuneration using the deposited payment method will be made no later than the arrival date. The arrival date is 6:00 p.m. on the booked arrival day. For long-term stays of more than 45 days, only the amount for the first month will be reimbursed immediately. The amount for the following month will be paid no later than three days after the end of the previous month. MGS is entitled to declare accrued claims due at any time and to demand immediate payment.

§4. Ban on smoking, bringing animals, having visitors

1. The MGS rooms and apartments are non-smoking apartments and rooms. Smoking is therefore prohibited in the apartments and rooms. This also applies to e-cigarettes. In the event of a violation, MGS is entitled to terminate the agreement without notice. In addition, if necessary, MGS can charge a special final cleaning fee of at least 250 EUR if there is a smell of nicotine in the apartment. MGS reserves the right to charge the guest for any costs incurred in connection with the activation of a fire alarm system that may be present as a result of a violation of this smoking ban.
2. Keeping animals in the rented rooms and apartments of MGS is not permitted. IV, paragraph 1 sentences 3 and 4 apply accordingly.
3. The guest is obliged to use the apartment or room only within the contractually agreed accomodation, in particular only by the people intended there. The overnight stay of visitors requires the prior consent of MGS in text form. In the event of a violation, MGS is entitled to charge the guest a flat rate surcharge of EUR 100.00 per night per visitor and to terminate the accommodation contract without notice.

§5. Cancellation of the customer, not used MGS services (No-show)

1. A withdrawal by the customer from the contract concluded with MGS requires the written consent of MGS. If this does not occur, the agreed price from the contract must be paid even if the guest does not use the contractual services. This does not apply in the event of a breach of MGS’s obligation to take the rights, legal interests and interests of the guest into account if the guest can no longer be expected to adhere to the contract or has another legal or contractual right of withdrawal.
2. If a date for free withdrawal from the contract has been agreed in writing between MGS and the customer, the guest can withdraw from the contract until then without triggering claims for payment and damages from MGS. The right of withdrawal expires if the guest does not exercise his right of withdrawal in writing to MGS by the agreed date, unless there is a case of withdrawal by the guest in accordance with Section IV No. 1 Sentence 3.
3. In the case of rooms or apartments not used by the customer, MGS must credit the income from renting the rooms or apartments to another person as well as the expenses saved.
4. MGS is free to demand the contractually agreed remuneration and to make a flat rate deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for the rental of the rooms or apartments. However, the customer is permitted to prove that MGS suffered no damage or significantly less damage.
5. MGS works with two rates with different cancellation conditions:
If no explicit regulation was made when booking, our non-refundable prepayment rate applies.
Non-refundable prepayment rate: The price of the stay must be paid in advance when booking; the cancellation fee is 100% of the price of the entire stay.
Flexible rate: If a flexible rate is explicitly booked, the guest can cancel the booking free of charge up to 14 days before arrival. Cancellations after this deadline will be charged 80% of the price of the total stay.

§6. MGS resignation

1. If the customer’s right of withdrawal free of charge within a certain period of time has been agreed in writing, MGS is entitled to withdraw from the contract during this period if there are inquiries from other guests about the contractually booked rooms and the guest, upon request from MGS, exercises his right to do so Resignation not waived.
2. If an agreed advance payment or one requested above in accordance with point III No. 5 and/or 6 is not made even after a reasonable grace period set by MGS has expired, MGS is also entitled to withdraw from the contract.
3. Furthermore, MGS is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if
– Force majeure or other circumstances for which MGS is not responsible make fulfillment of the contract impossible;
– Rooms or apartments are booked using misleading or false information about essential facts, e.g. the identity of the guest or the purpose;
– The MGS has reasonable grounds to believe that the use of the accommodation service can endanger the smooth business operations, the security or the public reputation of the MGS, without this being attributable to the control and organizational area of ​​the MGS.
– There is a violation of Clause I No. 2 mentioned above.
4. MGS must immediately inform the customer and the guest of the exercise of the right of withdrawal/termination.
5. If MGS withdraws with justification, the customer and guest are not entitled to compensation.

§7. Accommodation provision, handing over and return

1. The guest does not acquire any right to the provision of specific apartments or rooms.
2. Booked rooms or apartments are available to the guest from 3 p.m. on the agreed arrival day. The guest has no right to earlier provision.
3. On the agreed departure day, the rooms or apartments must be vacated and made available to MGS by 10 a.m. at the latest. Afterwards, due to the late vacating of the apartment, MGS can charge 50% of the full accommodation price (list price) for use beyond the contract until 6 p.m., and 100% from 6 p.m. This does not constitute the guest’s contractual claims. He is free to prove that MGS has no claim to a usage fee or has a significantly lower claim. If the MGS or the category is fully booked and the room or apartment is not vacated by 12:00 p.m., MGS is free to vacate the room or apartment itself, taking care with the customer’s belongings.
4. If a handed over key or key card is lost or not handed in upon departure, a fee of 40.00 euros will be charged.
5. The apartments must be returned in the condition in which the guest found them. The guest must remove all of their personal belongings from the apartments and dispose of any food or garbage they have brought with them. In the event of a violation, MGS is entitled to charge the guest increased cleaning costs based on effort, but at least a cleaning fee of EUR 25.00.
6. MGS apartments may be booked by consumers for a maximum of 182 days.

§8. Liability of MGS

1. MGS is liable for its obligations under the contract with the care of a prudent businessman. The guest’s claims for damages are excluded. Are excluded from this:
– Damage resulting from injury to life, body or health if MGS is responsible for the breach of duty.
– Other damages that are based on an intentional or grossly negligent breach of duty by MGS and damages that are based on an intentional or negligent breach of MGS’ typical contractual obligations.
A breach of duty by MGS is equivalent to that of a legal representative or fulfillment.
If disruptions or defects occur in MGS’s services, MGS will endeavor to remedy the situation upon becoming aware of it or upon immediate notification from the customer. The customer is obliged to do what is reasonable for him to remedy the disruption and keep any possible damage to a minimum.
2. MGS is liable to the guest for items brought in in accordance with the statutory provisions. MGS recommends using the central building safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with MGS.
The liability claims expire if the guest does not report the loss, destruction or damage to the MGS immediately after becoming aware of it (§ 703 BGB). For further liability of MGS, number 1 sentences 2 to 4 above apply accordingly.
3. If the guest is provided with a bicycle or car parking lot, garage, an underground car park or another room, even for a fee, this does not result in a storage contract being concluded. MGS is not liable for loss or damage to motor vehicles and bicycles parked or maneuvered on the property and their contents, except in cases of intent or gross negligence. Number 1 sentences 2 to 4 above apply accordingly.
4. Messages, mail and shipments of goods for guests are handled with care. MGS takes over the delivery, storage and – if requested – the forwarding of the same for a fee, number 1 sentences 2 to 4 above apply accordingly. This does not result in a custody agreement.
5. The customer is liable for all damage that the guest himself, his employees or his visitors have culpably caused in the accommodation establishment or to the MGS inventory.
6. No liability is accepted for lost property. They will only be returned upon request for a fee. MGS undertakes to store data for 3 months.
7. If MGS procures external services, technical or other equipment from third person for the customer, the customer acts in the name and on behalf of the guest; The guest is liable for the careful treatment and proper return of the facility and releases MGS from all third-party claims arising from the provision of this facility.

§9. Technical setup and connections

1. The use of the guest’s own electrical devices using the apartment’s power network is at the guest’s own risk. Any malfunctions or damage to the apartment’s technical systems caused by the use of these devices will be borne by the guest, unless MGS is not responsible for them.
2. The guest is prohibited from engaging in illegal file sharing via the Internet connection provided by MGS. This includes any upload or download of copyrighted data in any form. The guest is liable for all damages incurred by MGS and/or the rights holder as a result of the guest’s violation of the law.

§10. MGS access

MGS is entitled to enter the rented room or apartment for cleaning and linen changes and, after consultation with the guest, to carry out repairs, read electricity and water meters and inspect the property as part of the subsequent rental. In the event of imminent danger, MGS is also entitled to enter the room or apartment without consulting the guest.

§11. Final provision

1. The contract language is German.
2. Changes and additions to the contract, the acceptance of the application or the general terms and conditions for accommodation must be in writing. This also applies to the cancellation of this written form clause. Unilateral changes or additions by the guest or booker are invalid.
3. The place of fulfillment and payment is the headquarters of MGS.
4. The exclusive place of jurisdiction for commercial transactions – including for check and bill of exchange disputes – is the registered office of the accommodation establishment. If a contractual partner meets the requirements of Section 38 Paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of MGS.
5. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
6. Should individual provisions of these general terms and conditions for accommodation be or become ineffective or void, this will not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply.