General Terms and Conditions
EURODOM e.K. (T&C)
§ 1 Subject of provision, scope of services
1.1. These terms and conditions apply to contracts with entrepreneurs within the meaning of § 14 BGB (German Civil Code) for the rental provision of the provider's accommodation for the lodging of the entrepreneur or his employees.
1.2. The accommodations are furnished and generally equipped with beds, wardrobe, table with chairs, refrigerator and television. The sanitary facilities are partly outside the rooms but on the same floor and in the same building complex. Meals can be prepared and consumed in the communal kitchens.
1.3. The condition of the accommodation is recognised as compliant with the contract by the entrepreneur upon booking.
1.4. The accommodations are non-smoking. Pets are not permitted.
1.5. Bed linen is provided and changed monthly or upon departure. User requests regarding the timing of the change will be considered as far as possible.
1.6. The accommodations and common areas must always be treated with care. Should damage to the property become apparent during the period of use, the respective user shall notify the provider without delay. The user and the third party who made the booking for the user are jointly and severally liable to the provider for damage caused by violations of the user's duty of care and notification. The inventory may not be removed.
1.7. Cleaning of the common areas as well as the final cleaning of the accommodations on departure is carried out by the provider's staff. Users themselves are responsible for keeping the accommodation clean during the period of use. If special cleaning becomes necessary due to user behaviour (e.g. smoking in the accommodation), this will be charged separately to the respective user and, if applicable, to the third party who made the booking. Users must leave the sanitary facilities and communal kitchens in a tidy condition.
1.8. Waste must be properly separated and disposed of in accordance with the provider's instructions.
1.9. The keys received upon move-in must be returned to the provider's staff or deposited as instructed before departure. Should the keys not be returned upon departure, the provider is entitled to replace the lock cylinders. The resulting costs shall be borne jointly and severally by the user and the entrepreneur who made the booking. Should the provider suffer a loss of use due to the failure to return the keys, the provider has the right to charge compensation in the amount of the agreed daily rent. The daily rent is calculated as: maximum occupancy of the accommodations multiplied by the agreed daily price per person.
1.10. Each user must be considerate of other users and observe the usual quiet hours.
1.11. Any subletting or onward letting of the provider's accommodation requires the provider's prior written consent.
§ 2 Conclusion of contract, cancellation, termination
2.1. The contract is concluded by the provider's written confirmation of a reservation, including by email or fax. Terms and conditions of the provider's contractual partner shall only apply if this has been agreed in writing in advance with the provider.
2.2. Contractual partners are the provider and the entrepreneur who made the booking. If an entrepreneur has booked accommodation for his employees, the entrepreneur is jointly and severally liable to the provider together with the respective user.
2.3. The provider's offers are non-binding. Acceptance declarations and all related descriptions of the scope of services require the provider's written confirmation to be legally effective.
2.4. At the time of reservation and at the latest at the time of booking, the number of users and the intended duration of use must be communicated to the provider in a binding manner. Should the number of users and/or the intended duration of use change between reservation/booking and move-in, the provider must be informed immediately.
2.5. The fee for use is to be paid in advance, at the latest on the day of move-in, free of charge to the provider for the respective period of use. For a period of use of at least one month, the fee is to be paid monthly in advance, at the latest on the 3rd working day of the month, free of charge to the provider. Deviating payment terms require prior written consent from the provider. Invoices from the provider (also e.g. for additional charges or special cleaning) must be paid within seven working days of receipt. Complaints regarding invoices must be made immediately, at the latest within four weeks of receipt.
2.6. The fee is calculated for the entire booked duration of use, even if the user does not use the accommodation, e.g. on a public holiday or weekend.
2.7. Any intended extension of the period of use must be communicated to the provider in writing with at least 7 days' notice before the end of the current booking period. The extension only takes effect upon the provider's written confirmation. Price increases for extensions are expressly reserved.
2.8. The provider may terminate the use relationship for important reasons without notice if the user does not fulfil his contractual obligations, in particular in the event of payment arrears, unauthorised provision of accommodation to third parties, contractual misuse, etc.
2.9. If a booking is cancelled prematurely by the user after arrival, the fee for the entire booked period must be paid.
2.10. Bookings of 1-4 nights may be cancelled free of charge no later than 48 hours before arrival. Bookings of 5 to 30 nights may be cancelled free of charge no later than 7 days before arrival. Bookings of more than 30 nights cannot be cancelled and must be paid in full.
2.11. Bad weather, illness, schedule changes and delays are not the provider's responsibility. The user or the entrepreneur cannot derive any claim to a waiver of cancellation fees from these circumstances.
2.12. The user or the entrepreneur may only offset claims of the provider against undisputed or legally established claims arising from this contractual relationship. The same applies to the withholding of payments.
2.13. If the provider's contractual partner falls behind on payments due, he is obliged to pay default interest at 9 percentage points above the base rate of the European Central Bank pursuant to § 288 (2) BGB. Additionally, a default lump sum of €40.00 may be charged pursuant to § 288 (5) BGB. The provider reserves the right to claim further damages.
§ 3 Move-in and move-out
3.1. The contractual partner has no claim to the provision of a specific accommodation.
3.2. The accommodation must be occupied by 19:00. In case of late arrival, the contractual partner must inform the provider immediately.
3.2. On the agreed day of departure, the accommodation must be vacated by 10:00. In case of late vacation, the provider may charge 100% of the agreed daily price for the use exceeding the contract. This does not give rise to any contractual claims for extension of use. The contractual partner is free to prove that the provider has incurred no or substantially less claim to use fees.
§ 4 Warranty and liability
4.1. The provider is not liable for the loss and/or destruction of personal property of the user, except in the case of intent or gross negligence.
4.2. The provider is not liable for unforeseeable, unavoidable and exceptional service disruptions due to force majeure. Cases of force majeure are those that are beyond the provider's control, such as natural disasters, public unrest, war, strikes, lockouts, etc.
4.3. Insofar as a parking space is provided to the user, also for a fee, this does not constitute custody. The provider is not liable for the loss of or damage to motor vehicles parked or manoeuvred on the parking space provided by the provider, including their contents, except in cases of intent or gross negligence, including by the provider's employees.
4.4. The provider and/or his agents may enter the accommodation for important reasons after timely notice or, in case of imminent danger, without notice.
§ 5 Internet
5.1. The user may use the provider's WiFi.
5.2. The user is responsible for the data transmitted via WiFi, the chargeable services used and the legal transactions concluded. If the user visits chargeable websites or enters into commitments, the resulting costs are to be borne by him.
5.3. The user is responsible for ensuring that the internet is used only within the bounds of what is legally permitted. In particular, the user shall not use the WiFi to access or distribute immoral or illegal content, shall not unlawfully reproduce, distribute or make accessible copyrighted material, shall observe applicable youth protection regulations, shall not send or distribute harassing, defamatory or threatening content, shall not use the WiFi to send mass messages (spam) and/or other forms of impermissible advertising, and shall not visit file-sharing websites — in particular, shall not start music or film downloads via the provider's internet connection.
5.4. The user shall indemnify the provider against all damages and claims of third parties resulting from unlawful use of the WiFi by the user and/or violations of the above rules; this also extends to costs and expenses arising in connection with their assertion or defence. If the user recognises or must recognise that such a legal violation exists or is imminent, he must notify the provider of this circumstance immediately.
§ 6 Data protection and data storage
The provider's contractual partner is hereby informed that the provider processes his master data (name and address of the respective user, name and address of the paying contractual partner, period and duration of stay) in machine-readable form and only for tasks arising from the contract.
§ 7 Final provisions
7.1. The law of the Federal Republic of Germany shall apply exclusively to all contracts. Munich is agreed exclusively as the place of jurisdiction for all disputes, insofar as legally permitted.
7.2. Should one of the contractual provisions be or become invalid, the validity of the remaining contractual provisions shall remain unaffected. In place of the invalid provision, a regulation shall apply that comes closest to what the contracting parties would have wanted in light of their economic and personal interests had they considered the invalidity. The same applies to gaps.
The German original version is authoritative. Maßgeblich ist die deutsche Originalfassung.