General Terms and Conditions

AGB Kapfwald Apartments

Contractual partner:

Benner’s Hotel GmbH & Co KG
Gartenstraße 13
78073 Bad Dürrheim
Germany

info@kapfwald-appartements.de
www.kapfwald-appartements.de

1 Scope of application

These General Terms and Conditions (GTC) shall apply to all services provided by Kapfwald Appartements to the guest, the organizer or other contractual partners (hereinafter referred to as “contractual partners”).
Kapfwald Appartements shall be entitled to have its services performed by third parties.

1. These GTC apply to all types of contracts concluded with Kapfwald Appartements.
   The GTC shall also apply to all future transactions with the Contractual Partner.
2. The general terms and conditions of the contracting party shall not apply, even if Kapfwald Appartements does not expressly object to them.
   Any counter-confirmations of the Contractual Partner with reference to its GTC are hereby rejected.

2 Conclusion of contract

1. The respective contract shall generally come into effect following an oral or written application or in text form made by the contracting party and accepted by Kapfwald Appartements.
   Kapfwald Appartements shall be free to accept the application in writing, verbally, in text form (e-mail) or conclusively by providing the service.
2. If the contractual partner concludes a so-called contingent contract, the contractual partner is liable for all damage culpably caused by the end user.
3. The subletting or re-letting or the use of the rooms provided by third parties free of charge as well as the use for purposes other than accommodation is only permitted if this is expressly permitted by Kapfwald Appartements.
   Kapfwald Appartements may, at its own discretion, grant a written exception upon request.
4. It may not be occupied by more than the maximum number of persons specified in the contract.

3 Use, handover, arrival and departure, smoking ban

1. The contracting party shall not be entitled to use a specific vacation apartment.
   If vacation apartments are not available, Kapfwald Appartements shall inform the contracting party thereof without undue delay and offer an equivalent replacement in a nearby accommodation of the same category.
   If the contracting party refuses, Kapfwald Appartements shall immediately reimburse any services rendered by the contracting party.
2. The vacation apartment shall be handed over to the contractual partner in an orderly and clean condition with a complete inventory.
   Kapfwald Appartements must be informed immediately of any defects that exist or occur during the rental period.
   The inventory is to be treated with care and is exclusively intended to remain in the vacation apartment.
   Moving beds and other pieces of furniture is prohibited.
3. The contractual partner is liable for the fault of his accompanying persons.
   The contract may be terminated without notice in the event of use of the vacation apartment in breach of the contract, such as subletting, over-occupancy, disturbance of the peace, etc.
4. Booked vacation homes are available to the contractual partner from 4 p.m. on the day of arrival.
   The contractual partner is not entitled to earlier availability.
5. The vacation homes must be vacated by 10 a.m. on the day of departure.
   The contractual partner will be charged 100% of the accommodation price for the extended use of the vacation home.
6. Smoking is prohibited in all facilities.
   Smoking is permitted on the balcony, terrace or outdoors.
   In the event of a violation, the offending guest will be charged an extra cleaning fee of at least 150.00 euros.
   Should a violation of this smoking ban make it impossible to re-let the apartment due to persistent odor nuisance, Kapfwald Appartements reserves the right to charge the offending guest the full amount of the loss of revenue, even after the guest’s departure.
   The guest is responsible for any damage caused by him or by third parties who receive the services of Kapfwald Appartements at his instigation.

4 Animal husbandry

1. The vacation apartments are made available exclusively for accommodation purposes.
   Animals may not be brought into the Kapfwald Appartements.
   Pets may only be brought into the accommodation with the prior consent of Kapfwald Appartements and for a special fee.

5 Terms of payment

1. The prices of the respective services are determined according to the price list of Kapfwald Appartements valid at the time the service is provided.
   The prices for additional services (not accommodation rates) and all prices for all vacation apartments or other services include the currently applicable statutory VAT and public charges such as visitor’s tax.
   The respective amounts are shown separately on the invoice.
   Increases in VAT shall be borne by the contractual partner.
   If the period between the conclusion of the contract and the first contractual service exceeds 120 days, Kapfwald Appartements shall be entitled to increase prices by a maximum of 15%.
   Subsequent changes to the services may result in price changes.
   Kapfwald Appartements shall be entitled to demand an advance payment or security deposit of up to 100% of the total payment obligation of the contractual partner upon conclusion of the contract.
   The amount of the advance payment and the payment dates may be stipulated in the contract.
2. Unless otherwise agreed, invoices must always be paid by credit card.
   Kapfwald Appartements is entitled to refuse foreign currency, checks and credit cards.
3. Vouchers from tour operators are only accepted if there is a credit agreement with the company in question or if corresponding advance payments have been made.
   A refund of unused services is excluded.
4. The preparation of a total invoice shall not release the Customer from the obligation to pay the individual invoices on time.
   A delay in payment of even one individual invoice shall entitle Kapfwald Appartements to withhold all further and future services and to make the fulfillment of the services dependent on a security deposit of up to 100 % of the outstanding payment.
5. A reminder fee of EUR 10.00 shall be payable for each reminder.
   All other collection costs incurred shall be borne by the contractual partner.
6. The contracting party may only set off a claim against a claim of Kapfwald Appartements if its claim is undisputed or has been recognized by declaratory judgment. This shall apply mutatis mutandis to the exercise of a right of retention due to the contracting party’s own claims. Claims and other rights may only be assigned with the written consent of Kapfwald Appartements.
7. If the contracting party uses a credit card to pay for services requiring advance payment (e.g. general orders with advance payment, guaranteed bookings or vouchers) without physically presenting it (e.g. via telephone, internet or similar), the contracting party shall not be entitled to revoke this charge vis-à-vis its credit card company in relation to Kapfwald Appartements.

6 Cancellation/reduction of power

1. Reservations made by the contracting party shall be binding for both contracting parties once accepted by Kapfwald Appartements.
   In the event of cancellation or reduction of the booking period by the contracting party, the contracting party shall pay the following compensation, unless otherwise agreed:

• When booking one or more vacation apartments: Compensation in the amount of 100% of the value of the services ordered if Kapfwald Appartements receives the written cancellation or reduction less than 24 hours before the contractually agreed time before the start of the service period.
• When booking one or more apartments: In the event of cancellation on the day of arrival or a no-show, 100% will be charged.

2. If the Party is unable to arrive at the accommodating establishment on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the Party shall not be obliged to pay the agreed remuneration for the days of arrival.
3. Kapfwald Appartements meet all hygiene standards required by the corona pandemic.
   The outbreak of a renewed corona pandemic (“corona wave”) or a pandemic respiratory disease comparable to corona does not constitute an unforeseeable exceptional circumstance within the meaning of clause 2.
4. The contracting party shall be entitled to prove that the damage suffered by Kapfwald Appartements is non-existent or lower.
5. We advise you to take out travel cancellation insurance of your choice.

7 Rights of withdrawal

1. Kapfwald Appartements shall be entitled to withdraw from the contract (Section 323 BGB) or to terminate the contract (Section 314) in accordance with the statutory provisions if:
   • the contractual partner fails to perform a due service,
   • the fulfillment of the contract is impossible due to force majeure, strike or other circumstances for which Kapfwald Appartements is not responsible,
   • the contractual partner makes misleading or false statements about material data,
   • the contracting party uses the name of Kapfwald Appartements for advertising purposes without prior written consent,
   • contractual rooms are sublet in whole or in part without the written consent of Kapfwald Appartements,
   • Kapfwald Appartements has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the security or the public reputation of Kapfwald Appartements,
   • Kapfwald Appartements are also prevented from fulfilling the contract due to unavoidable, extraordinary circumstances.

2. Kapfwald Appartements shall notify the contracting party of the exercise of the right of withdrawal/cancellation in writing without delay, at the latest within 14 days of becoming aware of the reason.
   Cancellation of the contract by Kapfwald Appartements shall not give rise to any claims for damages or other compensation on the part of the contracting party.
   The right of Kapfwald Appartements to claim compensation for any loss or damage incurred and for any expenses incurred by it shall remain unaffected in the event of the justified termination of the contract.

8 Liability of Kapfwald Appartements, items brought in, statute of limitations

1. Kapfwald Appartements shall only be liable for all statutory and contractual claims in the event of intentional or grossly negligent conduct.
   This shall not apply to claims for damages by the contractual partner arising from injury to life, limb or health or to liability for other damage caused by an intentional or grossly negligent breach of duty by Kapfwald Appartements, its legal representatives or vicarious agents.
2. Kapfwald Appartements accepts no liability for consequential or indirect damages.
3. Exclusions and limitations of liability shall apply in the same way in favor of all companies employed by Kapfwald Appartements to fulfill its contractual obligations, its subcontractors and vicarious agents.
   They shall not apply if Kapfwald Appartements assumes a guarantee for the quality of an item or a work or in the event of fraudulently concealed defects.
4. The contracting party shall be obliged to notify Kapfwald Appartements of any recognizable defects without delay, at the latest upon departure.
5. The statutory provisions of Sections 701 et seq. of the German Civil Code (BGB) shall apply to items brought in by the contractual partner.
6. Vehicles parked on the property of Kapfwald Appartements, even for a fee, do not constitute a safekeeping agreement.
   Kapfwald Appartements shall not be liable for damage to or loss of vehicles parked on the property of Kapfwald Appartements or their contents.
7. Items left behind by the contracting party/overnight guest shall only be forwarded at the request, risk and expense of the contracting party.
   Kapfwald Appartements shall store the items for 3 months and charge a reasonable fee for this.
   Thereafter, the items will be handed over to the local lost and found office if they have a recognizable value.
8. All claims of the contracting party against Kapfwald Appartements arising from or in connection with the contract shall become time-barred one year after the end of the year in which the claim arose and the contracting party became aware of the circumstances giving rise to the claim or should have become aware of them without gross negligence.

9 Offsetting

The contracting party may only set off a claim against a claim of Kapfwald Appartements if its claim is undisputed or has been recognized by declaratory judgment.
This shall apply mutatis mutandis to the exercise of a right of retention due to the contracting party’s own claims.
Claims and other rights may only be assigned with the written consent of Kapfwald Appartements.

10 Additional provisions for package travel contracts

1. If the service obligation of Kapfwald Appartements consists of the organization of a leisure program in addition to the provision of board and lodging, this constitutes a so-called package travel contract.
2. The contractual partner may not assert any claims due to changes, deviations or reductions in individual services within the scope of a package travel contract that become necessary after conclusion of the contract if they are merely insignificant.
3. If agreed and provided services are not used by the contractual partner, a reduction or refund of the total fee is not possible.
4. Kapfwald Appartements shall not be liable for any damage suffered by the contracting party as a result of using a special service provided by a third party.
   In this respect, the contracting party is referred to the enforcement of its claims against the respective organizer of the special service.

11 Technical equipment and connections

1. The guest is liable for any damage caused by electronic devices brought in by the guest.
   Kapfwald Appartements shall not be liable for any damage caused by electronic devices brought in by the guest, unless Kapfwald Appartements is guilty of gross negligence or willful (contributory) negligence.
   Insofar as Kapfwald Appartements procures technical and other equipment from third parties for the guest at the guest’s request, it shall act in the name of, on behalf of and for the account of the guest.
   The guest shall be liable for the careful handling and proper return of the equipment.
   The guest shall indemnify Kapfwald Appartements against all third-party claims arising from the provision of such equipment.
2. The use of the guest’s own electrical equipment using Kapfwald Appartements’ electricity network requires the guest’s consent.
   Any malfunctions or damage to the technical equipment of Kapfwald Appartements resulting from the use of such equipment shall be at the guest’s expense and the guest shall be liable for them, unless Kapfwald Appartements is responsible for them.
   Kapfwald Appartements may record and charge a flat rate for any electricity costs arising from the use of such equipment.
3. Faults in technical or other facilities provided by Kapfwald Appartements shall be rectified immediately where possible.
   Payments may not be withheld or reduced insofar as Kapfwald Appartements is not responsible for these faults.
4. The contractual partner is entitled to use the existing wallboxes on request and for a fee.
   A particularly high level of protection applies to these wallboxes.
   When charging a car over a period of several hours, they are subjected to an enormous amount of power. Sockets and cables can become hot and cause short circuits and fires if they are not one hundred percent intact.
   The contractual partner is liable for all damage caused in connection with the use of the wallboxes.
   Reference is made to § 3 clause 5.

12 Choice of law, place of performance, place of jurisdiction

1. German law shall apply.
   In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favorability).
2. The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office in Bad Dürrheim, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law.
   The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought.
   The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
3. The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

13 Severability clause

Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.