Frederics Serviced Apartments Terms & Conditions
This is a translation of the original Terms and Conditions in German language. This English version is not a liable document. The only valid document is the German version of the Terms and Conditions (AGB’s) to be found on our website www.frederics.eu.
General Terms and Conditions for Short Stays (1 – 7 days)
„frederics“ is a brand of IPG Immobilienprojekt GmbH – München (hereinafter referred to „frederics“)
I. General Terms and Conditions for short stays lodging agreements
1.) Area of applicability
These general terms and conditions apply for the short stays lodging agreements (accommodation contracts) and to all other services and deliveries provided by „frederics“ on behalf of its customers. Terms and conditions proposed by the customer shall not apply, unless they have been confirmed in writing by „frederics“.
2.) Conclusion of the contract
The accommodation contract (lodging agreement) may be concluded in writing, text form, verbally or by telephone. The contract (hereafter also referred to as the “booking”) comes into effect on request from the customer through the acceptance by „frederics“ confirming the booking in writing. The contract partners for the accommodation contract are the customer and FREDERICS©. If a third party makes the booking for the customer, it is liable to „frederics“ for all obligations arising from the booking as the booking party together with the customer as joint debtor. The third party making the booking will pass the General Terms & Conditions along with all other relevant information to the customer. The sub-letting and re-letting of rooms, as well as the use of rooms for purposes other than lodging, require the prior permission in writing of „frederics“. If rooms or other services are reserved on an option basis, the option data shall be binding for both contract partners. After expiration of the agreed option period, „frederics“ may, without prior consultation, freely dispose of the rooms and services on which an option has been reserved.
3.) Services, prices
„frederics“ is obligated to provide the services ordered by the customer and agreed to by „frederics“ The customer is not entitled to get an explicit room unless this has been confirmed in writing by „frederics“. The customer is obligated to pay „frederics“ the agreed prices for these and other services enlisted. This also applies for all services and expenses induced by it for third parties. The agreed prices include the current statutory VAT. Should the rate of VAT applicable to the contractual services increase or decrease after the conclusion of the contract, the prices shall be adjusted accordingly. If the period between the conclusion of the contract and the fulfilment of the contract as defined by the contractual agreements exceeds four months and the general price charged for such services is increased by „frederics“, this can increase the contractually agreed price as appropriate, but by 10 % at the most.
„frederics“ is entitled to increase the prices of the ordered accommodations and services if the customer changes the number of rooms, the durations of stay or the type of services to be rendered by „frederics“. Any amendments require „frederics“ written approval and can be subject to the customer’s acceptance for the increased prices.
4.) Payment, billing
The bills are payable immediately upon receipt of the bill without any deduction, unless other payment terms and conditions are expressly agreed. The acceptance of credit cards or a specific credit card shall at all times be at „frederics“ ’s discretion, even when notices in the house state that credit cards are accepted.
„frederics“ is entitled to render accumulated claims for payment at any time and to demand immediate payment. If payment is delayed for more than 30 days, „frederics“ is entitled to claim interest for delay amounting to 10% for companies and 5% rate for consumers above basic interest rate of the Deutsche Bundebank. „frederics“ is at liberty to prove that the damages are greater, the consumer for lower. „frederics“ reserves the right to claim additional damages. „frederics“ is entitled to charge a reminder fee of 5.00 € for every delayed payment reminder sent to a company or to a consumer.
„frederics“ is entitled to demand upon conclusion of the contract an appropriate advance payment or security deposit in the form of a credit card guarantee or similar from the customer. If an advance payment is not made within the agreed period, the hotel can withdraw from the contract and claim compensation for damages.
„frederics“ is further entitled to demand an appropriate advance payment or a security deposit from the customer at the beginning and during the customer’s stay, provided that such an advance payment or security deposit was not already paid in accordance with the above provisions.
In justified cases (e.g. outstanding payment by the customer or extending the scope of the contract) the hotel is entitled to demand an increase of the advance payment agreed in the contract or an increased security deposit amounting to the expected costs of the accommodation.
If the customer does not settle his advance payments, „frederics“ is entitled to terminate the contract without notice.
The customer can only settle or lower a claim by „frederics“ with an undisputed or legally valid claim.
5.) Withdrawal of the customer from the contract for accommodation (cancellation, rescission, no-shows)
A withdrawal by the customer from the contract of accommodation requires the prior written consent of „frederics“. Without „frederics“ ’s consent, the customer is obligated to pay 90 % of the contractually agreed price, with or without breakfast, for staying overnight when the room is not occupied. The same conditions are applied to No-Shows. The customer is at liberty to prove that the abovementioned claim does not exist or does not exist to the amount claimed.
If a deadline for withdrawal from the contract free of charge was agreed between „frederics“ and the customer, the customer can withdraw from the contract until that point without initiating claims by „frederics“ for payment or compensation for damages. The customer’s right to rescind expires if it does not exercise its right to rescind against „frederics“ by the agreed deadline. The date and time on which the customer's withdrawal notification is received by „frederics“ determines whether it has been submitted in time. The customer must give notice of withdrawal from the contract in written form.
Services performed by third parties or special services (e.g. cakes, flowers, etc.) which become useless as a result of the cancellation are to be paid by the customer in full.
6.) Rescission by „frederics“
If it has been agreed that the customer can rescind without incurring costs within a defined period, „frederics“ is also entitled to withdraw from the contract within this period, in particular when „frederics“ reminds the customer of his contract and the customer does not rescind within the defined period.
If an agreed advance payment or an advance payment claimed on the basis of these general terms and conditions is not paid by the due date, „frederics“ is also entitled to rescind the contract. Moreover, „frederics“ can claim compensation for damages from the customer.
„frederics“ is entitled to rescind the contract with immediate effect if, for example,
- acts of God and other circumstances which „frederics“ is not responsible for make the fulfilment of the contract impossible;
- if „frederics“ in case of future bookings, shall not be the operator of the property anymore, when proper notice was given 6 months in advance;
- bedrooms and other rooms are intentionally booked using misleading or false statements about facts which are material to the contract, e.g. who the customer is or the purpose of the stay;
- „frederics“ has justified reason to assume that the use of the property services can put at risk the smooth operation of the business, the security or the public reputation of the property, unless this is attributable to the property’s sphere of responsibility;
- the purpose or reason of the stay is illegal;
- there is an unauthorised sub-leasing or re-leasing contrary to 7. of these general terms and conditions;
- the property / properties is / are closed;
- proper accommodation and/or proper facilities for an event are not guaranteed because the property is being renovated;
- the customer withdraws from a part of the contract in the case of a combined accommodation and event contract;
- when „frederics“ becomes aware after the contract’s conclusion, that the customer's / company’s financial circumstances have significantly worsened, particularly when the customer / company did not settle outstanding payments or does not offer sufficient security and therefore the payment to „frederics“ appear to be at risk;
- the customer / company has applied for insolvency proceedings to be opened against his/its assets, has sworn an affidavit in accordance with Article 807 of the German Code of Civil Procedure (Zivilprozessordnung), has initiated out-of-court proceedings for the purpose of debt settlement or has ceased his payments;
- insolvency proceedings against the customer's / company’s assets have been opened, or if the opening of such proceedings has been refused because of insufficient assets or for other reasons.
„frederics“ shall inform the customer immediately, if he intends to exercise its right to withdraw from the contract. If „frederics“ 's reasons for withdrawal are justified as abovementioned, the customer shall have no rights for a compensation claim.
7.) Room availability, delivery and return
The customer does not acquire any claim for the availability of a particular room, unless „frederics“ confirmed the availability of a particular room in writing.
Booked rooms are available to the customer from 15:00 on the day of arrival. The customer has no claim for earlier availability. Guests who arrive before 15:00 can move into their room as early as possible, according to availability.
The available rooms are to be taken by 18:00 on the day of arrival. After this time „frederics“ can book out the rooms to others, unless the customer informed the hotel in advance and in writing that they would arrive later. „frederics“ is entitled to demand a guarantee for late arrivals.
On the agreed day of departure, check-out is at 11:00 at the latest. After that time „frederics“ can charge 50 % of the agreed price of the room for the additional use of the room up until 18:00, and 100 % from 18:00. Possible further claims for compensation for damages by „frederics“ are reserved.
The guest is obligated to fill in the registration form presented to him upon arrival or in case of late arrival the next day.
The subleasing and re-leasing of allocated rooms, other rooms, spaces or cabinets as well as inviting to interviews, sales or similar events require the prior written consent of „frederics“, whereby § 540 para. 1 sentence 2 BGB [German Civil Code] shall be waived, provided that the customer is not a consumer.
Should defects in the deliveries or services by „frederics“, arise or services are disrupted, the customer is to inform „frederics“, about this immediately after it is identified so that „frederics“ is able to remedy the fault as quickly as possible or provide the delivery or service as understood under the contract. If this is not possible because of the nature of the defect/disruption or other compelling reasons, notification of defects must in each case be made to „frederics“, on return of the rooms at the latest. The customer is obligated to keep damages arising to it as low as possible.
„frederics“ is liable to carry out its contractual duties with the diligence of a prudent businessperson. Claims by the customer for compensation for damages are excluded. Excluded from this are damages arising from death, injury to body or health. Damages due to the intentional or grossly negligent breach of duty by „frederics“, are also not included in the exclusion of liability. The exclusion of liability also does not include damages arising from the breach of material contractual duties. Material contractual duties are those which are actually required to be fulfilled before the contract can be properly carried out and the customer may place constant trust in their fulfilment. Further, the strict liability imposed by the Produkthaftungsgesetz [law on product liability] remains unaffected as well as the liability arising from a guarantee potentially taken by „frederics“. A breach of duty by „frederics“ has the same consequences for legal representatives or assistants.
„frederics“ is liable to the customer for things brought in according to the statutory provisions (§§ 701 – 703 et. seq. BGB [German Civil Code]). The customer must immediately notify „frederics“ upon becoming aware of any loss, destruction or damage. If the customer fails to report this, the customer shall have no rights for claiming damages. Lost property will be sent on request to the customer’s residential address against reimbursement of the costs. „frederics“ is entitled to hand over lost property to the local lost property office after a storage period of one month, and to invoice the respective costs to the customer.
Claims by the customer against „frederics“ prescribe after a year from knowledge of the facts which found this claim. Claims for compensation for damages prescribe after 5 years whether or not knowledge of them is received. This shortening of the statutory periods of prescription does not apply in the case of culpable death, injury to body or in the case of liability under the product liability law.
If the customer is provided with a place to put the things in the property garage or in a property parking place, no contract for safekeeping is created. Claims for damages must be made to „frederics“ before the customer leaves the property grounds.
9.) Other terms
a) In the public areas of the properties, it is not allowed to consume any food or beverages. b) The sole purpose of the headings is for clarity only. They have no substantial meaning, particularly not that of a final ruling. c) Place of fulfilment and payment is the business location of the respective property.
10.) Place of jurisdiction and applicable law
a) The place where „frederics“ has its registered office is the exclusive jurisdiction for commercial issues. Provided that a party to the contract has fulfilled the requirements of § 38 para. 2 ZPO [Code of Civil Procedure] and has no general jurisdiction at in the country, the jurisdiction of „frederics“ ’s registered office applies.
b) The law of the Federal Republic of Germany applies exclusively. The UN Convention on Contracts for the International Sale of Goods and provisions on conflict of laws does not apply.
11.) Final provisions
Alterations and additions to the contract, to a proposal and the acceptance of these General Terms and Conditions are required to be in writing to be effective. Waiving the requirement of writing is also required to be in writing. Unilateral alterations and additions made by the guest are considered invalid.
Should individual provisions of the accommodation or event contract or individual provisions of these general terms and conditions for hotel accommodation and for holding events be or become ineffective, the effectiveness of the remaining provisions will remain unaffected by this. Moreover, the statutory provisions apply.