GENERAL TERMS AND CONDITIONS OF MOTEL HOME BERLIN
I. Scope
1. These terms and conditions apply to contracts for the rental rental of hotel rooms of MOTEL HOME BERLIN, owner Oleg Nepomnjascij (hereinafter MOTEL HOME BERLIN) for accommodation and all other services and deliveries of the hotel rendered for the customer (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel and hotel room contract.
2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of MOTEL HOME BERLIN in text form, whereby section 540 (1) sentence 2 8GB is waived unless the customer is a consumer.
3. The customer's general terms and conditions only apply if this has been expressly agreed upon in writing beforehand.
II. Conclusion of contract, contractual partner, statute of limitations
1. The contract is concluded when MOTEL HOME BERLIN accepts the customer's application; These are the contractual partners. MOTEL HOME BERLIN is free to confirm the room booking in text form.
2. If a third party has ordered for the customer, the customer is liable to MOTEL HOME BERLIN together with the third party as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that MOTEL HOME BERLIN has received a corresponding declaration from the third party.
3. All claims against MOTEL HOME BERLIN generally expire one year from the start of the statutory limitation period. This does not apply to claims for damages or other claims if the latter are based on an intentional or grossly negligent breach of duty by MOTEL HOME BERLIN or its vicarious agents. These claims for damages expire in ten years, regardless of knowledge. The shortened statute of limitations does not apply to claims based on an intentional or grossly negligent breach of duty by MOTEL HOME BERLIN. Consumer claims within the meaning of Section 138GB are time-barred in accordance with the statutory provisions.
III. Services, prices, payment, offsetting
1. MOTEL HOME BERLIN is obliged to keep the rooms booked by the customer available and to provide the agreed services. In the event of a full booking, MOTEL HOME BERLIN is entitled to rebook the customer into an appropriate hotel.
2. The customer is obliged to pay the agreed or applicable prices of MOTEL HOME BERLIN for the room rental and the other services used by him. This also applies to services ordered directly by the customer or via MOTEL HOME BERLIN, which are provided by third parties and paid out by MOTELvHOME BERLIN.
3. Invoices from MOTEL HOME BERLIN are to be paid immediately and without deductions, without a due date, from receipt of the invoice. MOTEL HOME BERLIN can demand immediate payment of outstanding claims from the customer at any time. In the event of late payment, MOTEL HOME BERLIN is entitled to charge the applicable statutory default interest of currently 9% or, in the case of legal transactions in which a consumer is involved, of 5%. MOTEL HOME BERLIN reserves the right to provide proof of greater damage.
4. The agreed prices include taxes and local charges applicable at the time the contract is concluded. The bed tax and local taxes that are owed by the guest according to local law, such as tourist tax, are not included. If there is a change in the statutory sales tax, change or abolition of local taxes on the subject of the service after the contract has been concluded, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion of the contract and fulfillment of the contract exceeds four months.
5. After conclusion of the contract, MOTEL HOME BERLIN is not obliged to agree to a subsequent reduction in the number of rooms booked, the service provided by MOTEL HOME BERLIN or the length of stay of the customer requested by the customer. If MOTEL HOME BERLIN agrees, it can make its consent dependent on an increase in the price for the rooms and/or other services provided by MOTEL HOME BERLIN.
6. When concluding the contract, MOTEL HOME BERLIN is entitled to demand an appropriate advance payment from the customer up to the amount of the full overnight price or security deposit, for example in the form of a credit card guarantee or credit card debit. The amount of the advance payment, the payment dates and/or the security deposit must be agreed in writing. In the case of advance payments or security deposits for package tours, the legal provisions remain unaffected. If the customer defaults on payment, the statutory regulations remain unaffected.
7. MOTEL HOME BERLIN is also entitled to demand an advance payment or security deposit from the customer within the meaning of Section 111.6 above for existing and future claims arising from the contract at the beginning and during the stay, unless such payment has already been made in accordance with Section 111.6 above.< br />
8. The customer can only offset or offset a claim from MOTEL HOME BERLIN with an undisputed or legally binding claim.
IV. Withdrawal of the customer (cancellation, cancellation, non-use of hotel services
). 1. Cancellation by the customer of the contract concluded with MOTEL HOME BERLIN is only possible if a right of withdrawal was expressly agreed in the contract, another legal right of withdrawal exists or if MOTEL HOME BERLIN expressly agrees to the cancellation of the contract. The agreement on a right of withdrawal and any consent to cancel the contract must be made in text form.
2. If a date for free withdrawal from the contract has been agreed between MOTEL HOME BERLIN and the customer, the customer can withdraw from the contract until then without triggering claims for payment or damages from MOTEL HOME BERLIN. The customer's right of withdrawal expires if he does not exercise his right of withdrawal from MOTEL HOME BERLIN by the agreed date.
3. If a right of withdrawal has not been agreed or has already expired, there is no statutory right of withdrawal or termination and if MOTEL HOME BERLIN does not agree to a cancellation of the contract, MOTEL HOME BERLIN retains the right to the agreed remuneration despite non-use of the service. MOTEL HOME BERLIN must take into account the income from renting the rooms elsewhere as well as the saved expenses. If the rooms are not rented to someone else, MOTEL HOME BERLIN can make a flat rate deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for the overnight stay. The customer is free to prove that the aforementioned claim did not arise or did not arise to the required amount.
V. Cancellation of the hotel
1. If it has been agreed in writing that the customer can withdraw from the contract free of charge within a certain period of time, MOTEL HOME BERLIN is entitled to withdraw from the contract during this period, e.g. B. if there are inquiries from other customers about the contractually booked rooms and the customer does not waive his right to withdraw from the contract upon request from MOTEL HOME BERLIN with a reasonable deadline.
2. If a according to section III.6. If the agreed or requested advance payment or security is not made even after a reasonable grace period set by MOTEL HOME BERLIN has expired, MOTEL HOME BERLIN is also entitled to withdraw from the contract.
3. Furthermore, MOTEL HOME BERLIN is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if force majeure or other circumstances for which MOTEL HOME BERLIN is not responsible make fulfillment of the contract impossible; Rooms or rooms are culpably booked with misleading or false information or with the concealment of essential facts; The identity of the customer, the ability to pay or the purpose of the stay can be important; MOTEL HOME BERLIN has reasonable grounds to believe that the use of the service may endanger the smooth business operations, the security or the public reputation of MOTEL HOME BERLIN, without this being attributable to the control or organizational area of MOTEL HOME BERLIN; the purpose or reason for the stay is unlawful; a violation of Section 1.2 above. is available.
4. The justified withdrawal by MOTEL HOME BERLIN does not justify the customer's claim to compensation.
VI. Room preparation, room handover, room return
1. The customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed. 2. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival day. The customer has no right to earlier availability. 3. On the agreed departure day, the rooms must be vacated and made available to MOTEL HOME BERLIN by 10:00 a.m. at the latest. Afterwards, MOTEL HOME BERLIN is entitled to use the room beyond the contract until 6:00 p.m. due to the late vacating of the room Charge 50% of the full overnight price (list price) and 100% from 6:00 p.m. This does not justify the customer's contractual claims. He is free to prove that MOTEL HOME BERLIN has no or significantly lower claim to usage fees.
VII. Liability of the hotel
1. MOTEL HOME BERLIN is liable for its obligations under the contract. Customer claims for compensation are excluded. Excluded from this are damages resulting from injury to life, body or health if MOTEL HOME BERLIN is responsible for the breach of duty, other damages that are based on an intentional or grossly negligent breach of duty by MOTEL HOME BERLIN and damages that are due to an intentional or negligent violation of contractual obligations of MOTEL HOME BERLIN. A breach of duty by MOTEL HOME BERLIN is equivalent to that of a legal representative or vicarious agent. If disruptions or defects occur in MOTEL HOME BERLIN's services, MOTEL HOME BERLIN will endeavor to remedy the situation upon knowledge or immediate complaint 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. Furthermore, the customer is obliged to inform MOTEL HOME BERLIN in a timely manner of the possibility of exceptionally high damage.
2. MOTEL HOME BERLIN is liable to the customer for items brought in in accordance with the statutory provisions. MOTEL HOME BERLIN does not provide a hotel safe and does not guarantee risk-free storage in the room. MOTEL HOME BERLIN assumes no liability for money, securities and valuables brought in.
3. The customer is also fundamentally obliged to look after his belongings and valuables outside of his room. MOTEL HOME BERLIN assumes no liability here either.
4. MOTEL HOME BERLIN has a limited number of its own customer parking spaces. Parking vehicles, even temporarily, does not result in a storage contract. MOTEL HOME BERLIN assumes no liability if motor vehicles parked or maneuvered on the hotel property and their contents are lost or damaged.
5. Messages, mail and shipments of goods for guests are handled with care. MOTEL HOME BERLIN takes care of delivery, storage and, if requested, forwarding of the same for a fee. MOTEL HOME BERLIN assumes no liability for this.
6. The images of rooms shown on the website and in brochures are purely indicative and serve as illustrations. They do not represent a guarantee of quality for the rooms booked by the customer. However, every effort has been made to ensure that photographs, graphics and reproduced texts to illustrate MOTEL HOME BERLIN convey the most accurate impression possible of the accommodation services offered. Particularly due to the large number of rooms, changes to the furnishings or, in the event of renovations, differences between the booked room and the room shown may be possible. The guest is not entitled to make any complaints in this regard.
7. MOTEL HOME BERLIN cannot be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, due to the influence of third parties, the guest or his partners, including unavailability of the Internet, prevented access to the website, external interference, PC viruses or unauthorized Prepayment by the submitter's bank will be held responsible.
VIII. Customer's liability for damage
1. If the customer is an entrepreneur, he is liable for all damage to the building or inventory caused by event participants or visitors, employees, fellow travelers, visitors or other third parties from his area or himself. The statutory liability provisions apply to consumers.
2. MOTEL HOME BERLIN can require the customer to provide appropriate security (e.g. insurance, deposits, guarantees).
IX. Final provisions
1. Changes and additions to the contract, the acceptance of the application or these general terms and conditions must be in text form. Unilateral changes or additions by the customer are invalid. Contrary terms and conditions are invalid, even if they have not been expressly contradicted.
2. The place of fulfillment and payment is the location of MOTEL HOME BERLIN.
3. The exclusive place of jurisdiction, including for check and bill of exchange disputes, is Berlin in commercial transactions. 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 Berlin.
4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
5. Should individual provisions of these General Terms and Conditions be or become ineffective or void, this will not affect the effectiveness of the remaining provisions. Otherwise, the legal regulations apply.
Motel Home Berlin, owner Oleg Nepomnjascij, as of December 06, 2023
I. Scope
1. These terms and conditions apply to contracts for the rental rental of hotel rooms of MOTEL HOME BERLIN, owner Oleg Nepomnjascij (hereinafter MOTEL HOME BERLIN) for accommodation and all other services and deliveries of the hotel rendered for the customer (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel and hotel room contract.
2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of MOTEL HOME BERLIN in text form, whereby section 540 (1) sentence 2 8GB is waived unless the customer is a consumer.
3. The customer's general terms and conditions only apply if this has been expressly agreed upon in writing beforehand.
II. Conclusion of contract, contractual partner, statute of limitations
1. The contract is concluded when MOTEL HOME BERLIN accepts the customer's application; These are the contractual partners. MOTEL HOME BERLIN is free to confirm the room booking in text form.
2. If a third party has ordered for the customer, the customer is liable to MOTEL HOME BERLIN together with the third party as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that MOTEL HOME BERLIN has received a corresponding declaration from the third party.
3. All claims against MOTEL HOME BERLIN generally expire one year from the start of the statutory limitation period. This does not apply to claims for damages or other claims if the latter are based on an intentional or grossly negligent breach of duty by MOTEL HOME BERLIN or its vicarious agents. These claims for damages expire in ten years, regardless of knowledge. The shortened statute of limitations does not apply to claims based on an intentional or grossly negligent breach of duty by MOTEL HOME BERLIN. Consumer claims within the meaning of Section 138GB are time-barred in accordance with the statutory provisions.
III. Services, prices, payment, offsetting
1. MOTEL HOME BERLIN is obliged to keep the rooms booked by the customer available and to provide the agreed services. In the event of a full booking, MOTEL HOME BERLIN is entitled to rebook the customer into an appropriate hotel.
2. The customer is obliged to pay the agreed or applicable prices of MOTEL HOME BERLIN for the room rental and the other services used by him. This also applies to services ordered directly by the customer or via MOTEL HOME BERLIN, which are provided by third parties and paid out by MOTELvHOME BERLIN.
3. Invoices from MOTEL HOME BERLIN are to be paid immediately and without deductions, without a due date, from receipt of the invoice. MOTEL HOME BERLIN can demand immediate payment of outstanding claims from the customer at any time. In the event of late payment, MOTEL HOME BERLIN is entitled to charge the applicable statutory default interest of currently 9% or, in the case of legal transactions in which a consumer is involved, of 5%. MOTEL HOME BERLIN reserves the right to provide proof of greater damage.
4. The agreed prices include taxes and local charges applicable at the time the contract is concluded. The bed tax and local taxes that are owed by the guest according to local law, such as tourist tax, are not included. If there is a change in the statutory sales tax, change or abolition of local taxes on the subject of the service after the contract has been concluded, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion of the contract and fulfillment of the contract exceeds four months.
5. After conclusion of the contract, MOTEL HOME BERLIN is not obliged to agree to a subsequent reduction in the number of rooms booked, the service provided by MOTEL HOME BERLIN or the length of stay of the customer requested by the customer. If MOTEL HOME BERLIN agrees, it can make its consent dependent on an increase in the price for the rooms and/or other services provided by MOTEL HOME BERLIN.
6. When concluding the contract, MOTEL HOME BERLIN is entitled to demand an appropriate advance payment from the customer up to the amount of the full overnight price or security deposit, for example in the form of a credit card guarantee or credit card debit. The amount of the advance payment, the payment dates and/or the security deposit must be agreed in writing. In the case of advance payments or security deposits for package tours, the legal provisions remain unaffected. If the customer defaults on payment, the statutory regulations remain unaffected.
7. MOTEL HOME BERLIN is also entitled to demand an advance payment or security deposit from the customer within the meaning of Section 111.6 above for existing and future claims arising from the contract at the beginning and during the stay, unless such payment has already been made in accordance with Section 111.6 above.< br />
8. The customer can only offset or offset a claim from MOTEL HOME BERLIN with an undisputed or legally binding claim.
IV. Withdrawal of the customer (cancellation, cancellation, non-use of hotel services
). 1. Cancellation by the customer of the contract concluded with MOTEL HOME BERLIN is only possible if a right of withdrawal was expressly agreed in the contract, another legal right of withdrawal exists or if MOTEL HOME BERLIN expressly agrees to the cancellation of the contract. The agreement on a right of withdrawal and any consent to cancel the contract must be made in text form.
2. If a date for free withdrawal from the contract has been agreed between MOTEL HOME BERLIN and the customer, the customer can withdraw from the contract until then without triggering claims for payment or damages from MOTEL HOME BERLIN. The customer's right of withdrawal expires if he does not exercise his right of withdrawal from MOTEL HOME BERLIN by the agreed date.
3. If a right of withdrawal has not been agreed or has already expired, there is no statutory right of withdrawal or termination and if MOTEL HOME BERLIN does not agree to a cancellation of the contract, MOTEL HOME BERLIN retains the right to the agreed remuneration despite non-use of the service. MOTEL HOME BERLIN must take into account the income from renting the rooms elsewhere as well as the saved expenses. If the rooms are not rented to someone else, MOTEL HOME BERLIN can make a flat rate deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for the overnight stay. The customer is free to prove that the aforementioned claim did not arise or did not arise to the required amount.
V. Cancellation of the hotel
1. If it has been agreed in writing that the customer can withdraw from the contract free of charge within a certain period of time, MOTEL HOME BERLIN is entitled to withdraw from the contract during this period, e.g. B. if there are inquiries from other customers about the contractually booked rooms and the customer does not waive his right to withdraw from the contract upon request from MOTEL HOME BERLIN with a reasonable deadline.
2. If a according to section III.6. If the agreed or requested advance payment or security is not made even after a reasonable grace period set by MOTEL HOME BERLIN has expired, MOTEL HOME BERLIN is also entitled to withdraw from the contract.
3. Furthermore, MOTEL HOME BERLIN is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if force majeure or other circumstances for which MOTEL HOME BERLIN is not responsible make fulfillment of the contract impossible; Rooms or rooms are culpably booked with misleading or false information or with the concealment of essential facts; The identity of the customer, the ability to pay or the purpose of the stay can be important; MOTEL HOME BERLIN has reasonable grounds to believe that the use of the service may endanger the smooth business operations, the security or the public reputation of MOTEL HOME BERLIN, without this being attributable to the control or organizational area of MOTEL HOME BERLIN; the purpose or reason for the stay is unlawful; a violation of Section 1.2 above. is available.
4. The justified withdrawal by MOTEL HOME BERLIN does not justify the customer's claim to compensation.
VI. Room preparation, room handover, room return
1. The customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed. 2. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival day. The customer has no right to earlier availability. 3. On the agreed departure day, the rooms must be vacated and made available to MOTEL HOME BERLIN by 10:00 a.m. at the latest. Afterwards, MOTEL HOME BERLIN is entitled to use the room beyond the contract until 6:00 p.m. due to the late vacating of the room Charge 50% of the full overnight price (list price) and 100% from 6:00 p.m. This does not justify the customer's contractual claims. He is free to prove that MOTEL HOME BERLIN has no or significantly lower claim to usage fees.
VII. Liability of the hotel
1. MOTEL HOME BERLIN is liable for its obligations under the contract. Customer claims for compensation are excluded. Excluded from this are damages resulting from injury to life, body or health if MOTEL HOME BERLIN is responsible for the breach of duty, other damages that are based on an intentional or grossly negligent breach of duty by MOTEL HOME BERLIN and damages that are due to an intentional or negligent violation of contractual obligations of MOTEL HOME BERLIN. A breach of duty by MOTEL HOME BERLIN is equivalent to that of a legal representative or vicarious agent. If disruptions or defects occur in MOTEL HOME BERLIN's services, MOTEL HOME BERLIN will endeavor to remedy the situation upon knowledge or immediate complaint 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. Furthermore, the customer is obliged to inform MOTEL HOME BERLIN in a timely manner of the possibility of exceptionally high damage.
2. MOTEL HOME BERLIN is liable to the customer for items brought in in accordance with the statutory provisions. MOTEL HOME BERLIN does not provide a hotel safe and does not guarantee risk-free storage in the room. MOTEL HOME BERLIN assumes no liability for money, securities and valuables brought in.
3. The customer is also fundamentally obliged to look after his belongings and valuables outside of his room. MOTEL HOME BERLIN assumes no liability here either.
4. MOTEL HOME BERLIN has a limited number of its own customer parking spaces. Parking vehicles, even temporarily, does not result in a storage contract. MOTEL HOME BERLIN assumes no liability if motor vehicles parked or maneuvered on the hotel property and their contents are lost or damaged.
5. Messages, mail and shipments of goods for guests are handled with care. MOTEL HOME BERLIN takes care of delivery, storage and, if requested, forwarding of the same for a fee. MOTEL HOME BERLIN assumes no liability for this.
6. The images of rooms shown on the website and in brochures are purely indicative and serve as illustrations. They do not represent a guarantee of quality for the rooms booked by the customer. However, every effort has been made to ensure that photographs, graphics and reproduced texts to illustrate MOTEL HOME BERLIN convey the most accurate impression possible of the accommodation services offered. Particularly due to the large number of rooms, changes to the furnishings or, in the event of renovations, differences between the booked room and the room shown may be possible. The guest is not entitled to make any complaints in this regard.
7. MOTEL HOME BERLIN cannot be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, due to the influence of third parties, the guest or his partners, including unavailability of the Internet, prevented access to the website, external interference, PC viruses or unauthorized Prepayment by the submitter's bank will be held responsible.
VIII. Customer's liability for damage
1. If the customer is an entrepreneur, he is liable for all damage to the building or inventory caused by event participants or visitors, employees, fellow travelers, visitors or other third parties from his area or himself. The statutory liability provisions apply to consumers.
2. MOTEL HOME BERLIN can require the customer to provide appropriate security (e.g. insurance, deposits, guarantees).
IX. Final provisions
1. Changes and additions to the contract, the acceptance of the application or these general terms and conditions must be in text form. Unilateral changes or additions by the customer are invalid. Contrary terms and conditions are invalid, even if they have not been expressly contradicted.
2. The place of fulfillment and payment is the location of MOTEL HOME BERLIN.
3. The exclusive place of jurisdiction, including for check and bill of exchange disputes, is Berlin in commercial transactions. 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 Berlin.
4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
5. Should individual provisions of these General Terms and Conditions be or become ineffective or void, this will not affect the effectiveness of the remaining provisions. Otherwise, the legal regulations apply.
Motel Home Berlin, owner Oleg Nepomnjascij, as of December 06, 2023
