GTC of MARBURGER GRUND Service GmbH

§ 1. Scope of Application

These Terms and Conditions apply to contracts for the rental use of rooms and serviced apartments for accommodation, as well as all other services and deliveries provided to the guest by MARBURGER GRUND Service GmbH (“MGS”) as the operator of Elisabeth Apartments.
The sub-letting or re-letting of the provided apartments or rooms, as well as their use for purposes other than accommodation, require the prior written consent of the accommodation provider, whereby § 540 para. 1 sentence 2 BGB (German Civil Code) is waived. The same applies to the use of the apartment by persons / visitors exceeding the contractually agreed number of guests.
Terms and conditions of the customer and/or the guest shall only apply if this has been expressly agreed in writing in advance.
In addition, our privacy policy applies, which can be viewed at https://www.elisabeth-apartments.de/datenschutzerklaerung/.

§ 2. Conclusion of Contract, Partners, Limitation Period

The accommodation contract is concluded upon acceptance of the customer’s application by MGS. MGS is free to confirm the apartment or room booking in writing.
The contractual partners are MGS and the customer. If a third party has ordered on behalf of the customer, they shall be liable to MGS together with the guest as joint and several debtors for all obligations arising from the accommodation contract, provided that MGS has received a corresponding declaration from the third party. In this case, the third party becomes a contractual partner.
All claims against MGS are generally subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period pursuant to § 199 para. 1 BGB. Claims for damages shall expire after five years, regardless of knowledge. These reductions in the limitation period do not apply to claims based on an intentional or grossly negligent breach of duty or on a justified withdrawal from the contract by MGS.

§ 3. Services, Prices, Payment, Offset

MGS is obliged to hold the rooms or apartments booked by the customer ready, or to provide equivalent replacement, and to render the agreed services.
The customer is obliged to pay the prices of MGS applicable or agreed for the provision of the room or apartment and the additional services used. This also applies to services and expenses incurred by MGS toward third parties at the guest’s request.
The agreed prices include the respective applicable statutory value-added tax (VAT). If a net price plus VAT is explicitly agreed upon with an entrepreneur, the gross price shall be calculated from the contractual net price plus the VAT applicable at the time of performance. If the period between the conclusion of the contract and the 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 no more than 10%.
Prices may also be changed by MGS if the guest subsequently requests changes to the number of booked apartments, the services provided by MGS, or the duration of the guests’ stay, and MGS agrees to this.
Invoices from MGS without a due date are payable immediately upon receipt of the invoice without deduction. MGS is entitled to make accrued claims due at any time and demand immediate payment. In the event of default of payment, MGS is entitled to demand the applicable statutory default interest at a rate of 9% or, in the case of transactions involving a consumer, at a rate of 5% above the base interest rate (§ 288 para. 2 BGB). MGS reserves the right to prove higher damages.
MGS is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates may be agreed upon in writing in the contract. In this case, MGS is entitled, in the event of non-compliance with payment dates, to satisfy itself from the security deposit regarding the agreed remuneration, e.g., by charging the agreed remuneration via credit card.
The customer may only offset, withhold, or reduce a claim by MGS with an undisputed or legally binding claim.
If the guest has the option to state non-contractual special requests during the booking process, these are always of a non-binding nature. The guest has no claim to the room or apartment fulfilling these non-contractual special requests unless an express confirmation has been provided in text form.
Payment via the stored payment method shall occur no later than the arrival date. The arrival time is deemed to be 6:00 PM on the booked arrival day. For long-term stays of more than 45 days, only the amount for the first month will be charged immediately. The amount for the following month will be charged no later than three days after the end of the previous month. MGS is entitled to make accrued claims due at any time and demand immediate payment.

§ 4. Smoking Ban, Pets, Admission of Visitors

The rooms and apartments of MGS are non-smoking apartments/rooms. Therefore, smoking is prohibited in the apartments and rooms. This also applies to e-cigarettes. In the event of a violation, MGS is entitled to terminate the contract without notice. Furthermore, MGS may, if necessary, charge the costs of a special final cleaning due to nicotine odor in the apartment in the amount of at least EUR 250. MGS reserves the right to charge the guest for any costs incurred as a result of triggering a fire alarm system due to a violation of this smoking ban.
Keeping pets in the rented rooms and apartments of MGS is not permitted. § 4 para. 1 sentences 3 and 4 apply accordingly.
The guest is obliged to use the apartment or room only within the contractually agreed framework, in particular only by the persons provided for therein. Overnight stays by visitors require 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 and visitor and to terminate the accommodation contract without notice.

§ 5. Withdrawal by the Customer (Cancellation), Non-utilization of Services (No Show)

Withdrawal by the customer from the contract concluded with MGS requires the written consent of MGS. If this is not provided, the price agreed in the contract must be paid even if the guest does not utilize contractual services. This does not apply in the event of a breach of MGS’s obligation to show consideration for the rights, legal interests, and interests of the guest if adherence to the contract is no longer reasonable for the guest or if any other statutory or contractual right of withdrawal exists.
If a date for cost-free withdrawal from the contract was agreed in writing between MGS and the customer, the guest may withdraw from the contract until then without triggering payment or damage claims by MGS. The right of withdrawal expires if it is not exercised in writing toward MGS by the agreed date, unless a case of withdrawal by the guest pursuant to Section IV No. 1 sentence 3 exists.
In the case of rooms or apartments not used by the customer, MGS shall offset income from renting the rooms or apartments to other parties as well as saved expenses.
MGS is free to demand the contractually agreed remuneration and to calculate the deduction for saved expenses as a flat rate. 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 has suffered no damage or a significantly lower damage.
MGS works with two rates with different cancellation conditions:
- If no explicit regulation is made at the time of booking, our non-refundable prepayment rate applies.
- Non-refundable prepayment rate: The price of the stay must be paid in advance at the time of booking; the cancellation fee is 100% of the total price of the stay.
- Flexible rate: If a flexible rate is explicitly booked, the guest may cancel the booking free of charge up to 14 days before arrival. Cancellations after this period will be charged at 80% of the total price of the stay.
In the event of a non-appearance (no-show) without prior cancellation, any tourism fee (or accommodation tax) paid in advance will not be refunded. MGS shall retain this amount as a compensation for expenses for manual reversal and increased accounting correction effort. The guest reserves the right to prove that no expense was incurred or that the expense was significantly lower than the retained fee.

§ 6. Withdrawal by MGS

If a cost-free right of withdrawal for the customer within a certain period was agreed in writing, MGS is entitled for its part to withdraw from the contract during this period if there are inquiries from other guests for the contractually booked rooms and the guest does not waive their right of withdrawal upon inquiry by MGS.
If an agreed advance payment or an advance payment requested according to Section III No. 5 and/or 6 above is not made even after the expiry of a reasonable grace period set by MGS, MGS is likewise entitled to withdraw from the contract.
Furthermore, MGS is entitled to withdraw from the contract extraordinarily for an objectively justified reason, for example if:
- Force majeure or other circumstances beyond the control of MGS make fulfillment of the contract impossible;
- Rooms or apartments are booked under misleading or false statements of essential facts, e.g., regarding the identity of the guest or the purpose of the stay;
- MGS has justified reason to believe that the utilization of the accommodation service may endanger the smooth operation of the business, the security, or the public reputation of MGS, without this being attributable to the sphere of control or organization of MGS;
- A violation of Section I No. 2 above exists.
MGS shall notify the customer and the guest immediately of the exercise of the right of withdrawal/termination.
In the event of a justified withdrawal by MGS, the customer and the guest shall have no claim for damages.

§ 7. Provision, Handover, and Return

The guest does not acquire any claim to the provision of specific apartments or rooms.
Booked rooms or apartments are available to the guest from 3:00 PM on the agreed day of arrival. The guest has no claim to earlier provision.
On the agreed day of departure, the rooms or apartments of MGS must be vacated and made available by 10:00 AM at the latest. After this time, MGS may charge 50% of the full lodging price (list price) for use exceeding the contract until 6:00 PM due to the delayed vacation of the apartment, and 100% after 6:00 PM. This does not establish any contractual claims for the guest. The guest is free to prove that MGS has no or a significantly lower claim for usage compensation. If MGS or the category is fully booked and the room or apartment is not vacated by 12:00 PM, MGS is free to vacate the room or apartment itself, taking the utmost care with the items brought in by the customer.
If an issued key or key card is lost or not returned upon departure, a fee of EUR 50.00 will be charged.
The apartments must be returned in the condition in which the guest found them. The guest must remove all personal belongings from the apartments and dispose of any food brought in as well as waste. In the event of a violation, MGS is entitled to charge the guest increased cleaning costs based on actual effort, but at least a flat-rate cleaning fee of EUR 50.00.
The apartments of MGS may be booked by consumers for a maximum continuous period of 182 days.

§ 8. Liability of MGS

MGS is liable with the diligence of a prudent businessman for its obligations under the contract. Claims of the guest for damages are excluded. Excepted from this are:
- Damages resulting from injury to life, body, or health if MGS is responsible for the breach of duty;
- Other damages based on an intentional or grossly negligent breach of duty by MGS and damages based on an intentional or negligent breach of typical contractual duties of MGS. A breach of duty by a legal representative or vicarious agent of MGS is equivalent to a breach of duty by MGS itself.
Should disruptions or defects in the services of MGS occur, MGS will endeavor to provide a remedy upon knowledge or immediate complaint by the customer. The customer is obliged to contribute what is reasonable to rectify the disruption and keep potential damage to a minimum.
MGS is liable to the guest for items brought in according to the statutory provisions. MGS recommends using the central building safe. If the guest wishes to bring in money, securities, or valuables with a value of more than EUR 800 or other items with a value of more than EUR 3,500, this requires a separate storage agreement with MGS.
Liability claims expire unless the guest notifies MGS immediately after gaining knowledge of the loss, destruction, or damage (§ 703 BGB). For any further liability of MGS, the provisions of No. 1, sentences 2 to 4 above apply accordingly.
Insofar as a bicycle or car parking space is made available to the guest on a company-owned parking lot, a subterranean garage, or another space, even for a fee, this does not constitute a safekeeping contract. In the event of loss of or damage to motor vehicles or bicycles parked or maneuvered on the property and their contents, MGS shall not be liable, except in cases of intent or gross negligence. The provisions of No. 1, sentences 2 to 4 above apply accordingly.
Messages, mail, and shipments for guests are handled with care. MGS undertakes the delivery, storage, and—upon request and for a fee—the forwarding of the same; the provisions of No. 1, sentences 2 to 4 above apply accordingly. This does not constitute a safekeeping contract.
The customer is liable for all damages caused culpably by the guest themselves, their employees, or their visitors in the accommodation facility or to the inventory of MGS.
No liability is assumed for lost property. It will only be returned upon request and for a fee. MGS undertakes to store lost property for 3 months.
Insofar as MGS procures third-party services, technical or other facilities from third parties for the customer, it acts in the name and for the account of the guest; the guest is liable for the careful treatment and proper return of the facilities and indemnifies MGS against all claims of third parties arising from the provision of these facilities.

§ 9. Technical Equipment and Connections

The use of the guest’s own electrical equipment using the apartment’s power grid is at the guest’s own responsibility. Any disruptions or damage to the technical systems of the apartment caused by the use of these devices shall be at the guest’s expense, provided that MGS is not responsible for them.

§ 10. Internet Use via WLAN

MGS provides the guest with access to the internet via WLAN within the scope of technical possibilities. There is no claim to a specific transmission speed or uninterrupted availability.
Use is only permitted for the duration of the stay. Access data may not be passed on to third parties. MGS is entitled at any time to block access in whole or in part if there is reasonable suspicion of misuse.
The guest is solely responsible for all data transmitted and services used via the internet connection provided. The guest undertakes not to use the WLAN to access or distribute immoral or illegal content, not to unlawfully reproduce copyright-protected goods (in particular file sharing), and not to send harassing or threatening messages.
The guest indemnifies MGS against all damages and claims of third parties based on an illegal use of the WLAN by the guest or by fellow travelers. This includes, in particular, the costs of legal prosecution.

§ 11. Access by MGS

MGS is entitled to enter the rented room or apartment for bi-weekly cleaning and change of linen, as well as, by arrangement with the guest, to carry out repairs, read electricity and water meters, and for viewings in the context of subsequent rental. In the event of imminent danger, MGS is also entitled to enter the room or apartment without coordination with the guest.

§ 12. Final Provisions

The contractual language is German.
Amendments and supplements to the contract, the acceptance of the application, or these General Terms and Conditions for Accommodation must be made in text form. This also applies to the waiver of this text form requirement. Unilateral changes or supplements by the guest or booker are invalid.
The place of performance and payment is the registered office of MGS.
The exclusive place of jurisdiction—also for check and bill of exchange disputes—in commercial transactions is the registered office of the accommodation facility. If a contractual partner fulfills the requirements of § 38 para. 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of MGS.
German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.
Should individual provisions of these General Terms and Conditions for Accommodation be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects, the statutory provisions shall apply.

MGS is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

European Commission platform for online dispute resolution: https://ec.europa.eu/consumers/odr

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