GENERAL TERMS & CONDITIONS AND CONSUMER INFORMATION
(this is a translation of the original Terms and Conditions in German language. This English version is not a legally binding document. The only valid document is the German version of the Terms and Conditions (AGB’s) to be found on our German language website www.frederics.eu )
1. CONTRACTUAL PARTNER
1.1 Your contractual partner for the Frederics Apartments services is IPG Immobilienprojekt GmbH (hereinafter referred to as “Frederics” or “we”), Ohmstr. 18, 80802 Munich, Germany, Tel. +49 (0)89 45243895, Fax +49 (0)89 45243897, e-mail email@example.com Frederics is represented by its managing director Anneliese Albrecht.
1.2 If a third party makes a booking for a guest, the third party is liable for all claims by Frederics arising from or in connection with the booking (in particular for damages negligently caused by the guest during his stay). The third party authorises the guest vis-à-vis Frederics to submit and receive any declarations of intent in connection with the booking (e.g. cancellations, booking changes). The third party is obliged to make these General Terms and Conditions available to the guest in a timely manner.
2. APPLICATION OF THESE TERMS AND CONDITIONS
2.1 These General Terms and Conditions (“GTC”) apply to all contracts that you as a consumer or entrepreneur conclude with Frederics for the services offered by Frederics. If you book further services with us in the future, these GTC shall also apply to such future bookings.
2.2 Deviating terms or terms that go beyond these regulations shall only apply if they have been individually agreed. General terms and conditions of the customer do not apply. This shall also apply if we accept the customer’s booking in which the customer refers to his general terms and conditions and/or the customer’s general terms and conditions are attached and we do not specifically reject them.
3. CONCLUSION OF CONTRACT
3.1 The descriptions of services available on the Internet do not represent binding offers by us. The booking of a service by you is a binding order for the conclusion of the respective contract. The contract is concluded as soon as the booked services are confirmed by us or, if a confirmation was no longer possible, provided by us.
3.2 At the time of booking, a valid credit card must be provided through one of Frederics’ online distribution channels. Frederics has the right to immediately verify the validity of the provided credit card and pre-authorise the charge. In the case of a booking with a non-refundable rate, the full amount of the stay will be deducted from the credit card provided at the time of booking. Should it not be possible to charge the credit card, Frederics reserves the right to cancel the reservation. The right to use the room by the Guest is thereby revoked.
3.3 Bookings with a non-refundable rate may not be cancelled, rescheduled or refunded.
3.4 There is no right of revocation as defined by §§ 312g, 355 BGB according to § 312g para. 2 sentence 1 no. 9 BGB.
4. ARRIVAL AND DEPARTURE
4.1 Unless otherwise agreed, accommodations are not accessible before 3 p.m. on the day of arrival.
4.2 Accommodations must be vacated by 11:00 a.m. on the day of departure. If an accommodation is not vacated by this time, Frederics is entitled to charge an late check-out fee of 50% of the daily room rate. If the room is vacated after 3 p.m., the full room rate may be charged. The claim for further damages due to the late check-out is not excluded.
5. SERVICES AND RATES
5.1 Which services are contractually agreed upon is stated in the accommodation/rental agreement. In the absence of a specific agreement, the services and rates published in Frederics’ Internet Booking Engine shall be deemed to be part of the contract. When you use the Internet Booking Engine for a reservation, before submitting your booking you can check all entries for accuracy and if necessary correct them.
5.2 Unless otherwise agreed, the guest is not entitled to a specific room in the booked room category.
5.3 The agreed rates include the statutory value added tax as well as any other fees and taxes. If the amount of the statutory value added tax or other fees and taxes changes, Frederics reserves the right to adjust the rates accordingly even after conclusion of the contract. For contracts already concluded with clients, prices shall only be adjusted if the day of arrival is later than four months after conclusion of the contract.
5.4 The booker is obliged to pay the rates valid or agreed for the provision of accommodation and any other services used by the guest or the booker. The same applies to services and expenses of Frederics towards third parties arranged by the guest or the booker.
6. CESSION OF USE TO THIRD PARTIES / SUBLETTING
6.1 The booker is obliged to provide truthful information about the number of persons who will occupy the accommodation. The accommodationm is available for the maximum number of persons specified in the reservation confirmation.
6.2 Without Frederics’ prior consent, it is not allowed to cede the use of the accommodation to additional persons or persons other than those booked (e.g. by subletting it to a third party).
6.3 If Frederics agrees, the rate for the use of the accommodation shall be increased to the rate generally charged by Frederics for the corresponding occupancy.
7.1 The following payment methods are accepted: credit cards (Visa Card, Master Card, American Express Card), EC cards, cash, bank transfer.
7.2 The property shall be entitled to require the booker to make a reasonable advance or deposit payment in the form of a bank transfer, credit card or cash payement on conclusion of the contract. The total sums and payment dates are agreed in the contract. Ancillary services such as garage etc. are not included in the room rate and must be paid upon presentation of a pro-forma or final invoice.
7.3 Frederics invoices are payable immediately upon receipt without deduction. A booker is considered to be in arrears if he does not execute a payment within 7 days after receipt of an invoice and due date. Frederics may apply a reminder fee of Euro 10.00 for each reminder sent after default has occurred.
7.4 If the contractual partner uses a credit card for payment without physically presenting it (online payment), the contractual partner is not entitled to revoke this charge against his credit card institute.
7.5 There is no claim for reimbursement for services booked and not used.
8. CANCELLATION AND TERMINATION POLICIES
8.1 During trade fairs, the Oktoberfest (only for our Munich properties) and other events, a free cancellation of confirmed reservations is possible up to 30 days before the day of arrival (12:00 a.m. local time). During other periods, confirmed reservations may be cancelled free of charge up to 48 hours prior to the arrival date (12:00 a.m. local time). For cancellations or booking changes that are made later or not at all, we charge 90% of the total value of the booked services.
8.2 In the event of non-arrival on the day of arrival, we charge 90% of the total value of the booked services (“no-show costs”). The booker is liable for these costs with the credit card data provided to us, through which the no-show costs will be charged.
8.3 For group bookings of 10 accommodations or more, other booking and cancellation terms will apply. These conditions can be found in the respective offers and booking confirmations. Unless otherwise agreed, the following cancellation policy applies to group reservations of 10 or more accommodations for the booked and confirmed room allotment:
– a free cancellation is possible up to 30 days before the arrival day (12:00 a.m. local time) for up to 5% of the reserved accommodations;
– In the event of cancellation of more accommodations and/or less than 30 days prior to the arrival date (12:00 a.m. local time) we charge 90% of the total value of the reserved services.
8.4 The booker is free to prove that the cancellation did not lead to any losses or that the losses were significantly lower than the above cancellation fees. In such a case, the cancellation fee may not be paid or may only be paid in a correspondingly lower amount.
8.5 Insofar as it has been contractually agreed that the customer may withdraw from the contract free of charge within a certain period of time, the property shall also be entitled to withdraw from the contract within that period.
8.6 Frederics may exceptionally withdraw from the contract for compelling reasons. Such compelling reasons occur in particular if
– the fulfilment of the contract becomes impossible due to force majeure or other circumstances for which Frederics is not responsible;
– rooms are booked under misleading or false statements of essential facts (e.g. concerning the booker/guest/tenant identity;
– the booker/guest/tenant subleases the accommodation or allows third parties to use it;
– there is legitimate reason to assume that the guest’s use of the services may compromise the smooth running of the business, the security of the property or the reputation of Frederics, without this being attributed to Frederics’ area of control or organisation, in particular in the event of a violation of public morality by the booker/guest/tenant.
8.7 Other legal rights of withdrawal or termination remain unaffected.
9.1 The liability of the parties is in accordance with the legal regulations, unless otherwise stipulated in the following paragraphs.
9.2 If a guest smokes in a designated non-smoking area (which may be identified by confirmation of the reservation and/or by signage within the room), Frederics may charge a one-off cleaning fee of Euro 500.00 per accommodation. The booker/guest/tenant is free to prove that smoking in the non-smoking accommodation did not cause any damage or only a much lower damage than the above mentioned fee; in this case the fee is not to be paid or only in a correspondingly lower amount. Should smoking in the non-smoking area lead to costs for the triggering of the fire alarm system and the associated fire brigade deployment, Frederics may demand full reimbursement of these costs.
9.3 If Frederics provides third party services or technical or any other equipment to the booker/guest/tenant, Frederics shall act in the name and for the account of the booker/guest/tenant; the booker/guest/tenant shall be liable for the careful treatment and proper return of the equipment and shall indemnify Frederics against all claims of third parties arising from the procurement of such equipment.
9.4 The booker/guest/tenant shall be entitled to the constitutional warranty rights according to §§ 536 ff. of the BGB (German Civil Code), unless otherwise regulated in the following paragraphs.
9.5 If, in the course of the stay, defects become apparent in an accommodation or if a measure becomes necessary to safeguard the accommodation against unforeseen danger, the guest must notify us immediately.
9.6 Any liability on the part of Frederics, regardless of fault, for initial defects in the accommodation is excluded. This shall not apply if we deliberately concealed an initially existing defect.
9.7 We are liable without limitation for claims arising from a guarantee, as well as for personal injury (injury to life, body, health). We shall also be liable without limitation for intent and gross negligence.
9.8 In the event of minor negligence, we shall only be liable for the breach of primary obligations. Primary obligations are those obligations whose fulfilment is essential for the proper execution of the contract and on whose observance the booker/guest/tenant may regularly rely. In these circumstances, however, we shall not be liable for unforeseeable or consequential damages, loss of profit as well as cost cuttings. Moreover, the liability of Frederics for minor negligence is excluded. This limitation of liability also applies to direct claims against employees, salaried employees or other sub-contractors of Frederics.
9.9 If the contractual partner or the booker/guest/tenant is an entrepreneur in the exercise of his commercial or self-employed professional activity, a legal entity of the public law or special public-law property, Frederics shall be liable for the minor negligent violation of primary obligations limited to the triple net invoice amount of the damage-causing performance.
9.10 For brought-in items, the property is liable in accordance with the legal regulations (§§ 701 ff. BGB).
9.11 In the event that a parking is made available to the booker/guest/tenant in the property garage or on the property’s own premises, also for payment, this shall not constitute a safe custody agreement. The property is not subject to any monitoring obligation. Frederics shall not be liable for loss of or damage to vehicles parked or manoeuvred on the property or for the contents of these vehicles, unless Frederics or its representatives are responsible for this. In such a case, at the latest when leaving the property, Frederics Management must be notified.
10. ADDITIONAL INDICATIONS
10.1 Pets may only be brought into Frederics properties by the guest/tenant if this has been agreed in advance.
10.2 Cooking is not permitted in accommodations where no additional kitchenette use has been booked an paid.
10.3 Only small laundry items may be washed in the accommodation.
10.4 In order to ensure reliable mail and parcel delivery, guests must state their respective accommodation number on their mail/parcels.
10.5 Frederics is entitled to require the guest / tenant to stop or reduce inappropriate noise. The guest / tenant is obliged to comply with Frederics’ request.
10.6 Any information will be provided to the best of Frederics’ knowledge, but without warranty of any kind.
10.7 Items left in the accommodation will only be sent back at the guest’s / tenant own cost on request ( a courier service shall be commissioned by the guest / tenant). The property will store the items for up to 6 months.
10.8 Money and valuables must be deposited in the room safe, when available.
10.9 In case of loss/damage to the accommodation electronic key card we will charge 10.00 EUR for replacement, in case of loss/damage to the accommodation mechanical key we will charge 350.00 EUR for the lock replacement, unless the guest / tenant is not responsible for the loss or damage. The guest / tenant is entitled to prove that the loss or damage did not result in any damage or that the damage was significantly lower than the above mentioned fee; in this case the fee is not to be paid or is only to be paid in a respectively lower amount.
10.10 In the event of lockout or loss of keys, the emergency number provided by Frederics must be called. For the deployment of the security company, so that the guest / tenant may regains access to the accommodation, 50.00 EUR for the occoured expenses of are due.
10.11 Frederics does not accept any liability for items handed in for dry cleaning at the reception desk.
10.12 If the guest / tenant is an entrepreneur, § 312i para. 1 sentence 1 no. 1, 2 and 3 as well as § 312i para. 1 sentence 2 BGB, which foresee certain obligations for us in electronic business transactions, are hereby waived.
10.13 The European Commission has provided a platform for online dispute resolution (OS). You can find it under the following link: https://ec.europa.eu/consumers/odr/ We are obliged to provide this information. However, we do not participate in this type of dispute resolution. Furthermore, we are not willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.
10.14 The text of the contract will not be stored or made accessible by us after conclusion of the contract. You can, however, view these General Terms and Conditions at any time on our website at https://www.frederics.eu/ .
10.15 The contract can be concluded in German and English.
11. PLACE OF PERFORMANCE AND PAYMENT, CHOICE OF LAW, COURT OF JURISDICTION
11.1 The uniform place of performance and payment for both parties shall be the location of the respective accommodation facility.
11.2 German law shall apply. For consumer contracts, regardless of this choice of law, those conditions shall remain applicable, which may not be deviated from by agreement, according to the law which would be applicable without the choice of law.
11.3 For contracts with merchants, legal entities under public law or special assets under public law as well as with persons who do not have a general court of jurisdiction in the European Economic Area, the court of jurisdiction shall be Munich (city).
(Munich November 2019)