1. scope of application
1.1 These terms and conditions apply to contracts for the rental of apartments for residential purposes, for all further services and deliveries provided to the customer by BonApartHotel GmbH, hereinafter referred to as BonApart.
1.2 The subletting or subletting of the rooms provided as well as their use for purposes other than accommodation and events require the prior written consent of BonApart.
1.3 The customer’s terms and conditions shall only apply if this has been previously agreed in writing.
2. conclusion of contract and contracting party
2.1 The contract is concluded through the acceptance of the customer’s application by BonApart. BonApart is free to confirm the apartment booking in writing.
2.2 Contracting parties are BonApart and the customer. If a third party has ordered for the customer, he is liable to BonApart together with the customer as joint debtor for all obligations from this contract, provided that BonApart has a corresponding declaration of the third party.
3. services, prices, payment, offsetting
3.1 BonApart is obliged to keep the number of apartments booked by the customer ready and to provide the other agreed services.
3.2 The customer is obliged to pay the BonApart prices valid or agreed for the apartment provision and the other services used by him. This also applies to services and expenses of BonApart to third parties arranged by the customer.
3.3 The agreed prices include the respective statutory value added tax unless otherwise stated.
3.4 If the period between conclusion of the contract and fulfilment of the contract exceeds 4 months and if the price generally charged by BonApart for such services increases, BonApart can raise the contractually agreed price appropriately, but by no more than 10%.
3.5 BonApart may also change the prices if the customer subsequently requests the following changes:
- Number of booked apartments and/or booked persons
- Length of stay of guests
other services booked by BonApart
and BonApart agrees.
The customer is free to prove that the changes are associated with a saving for BonApart.
3.6 BonApart invoices without a due date are payable without deduction upon receipt of the invoice. BonApart is entitled to call in accrued claims at any time and to demand immediate payment. In case of default of payment BonApart is entitled to charge interest for the current year in the amount of 5% above the respective base interest rate of the Deutsche Bundesbank. The customer has the right to prove a lower damage, BonApart a higher damage.
3.7 The customer may only offset, retain or reduce a claim of BonApart with an undisputed or legally binding claim.
4. withdrawal of the customer (cancellation)
4.1 A withdrawal of the customer from the contract concluded with BonApart requires the written consent of BonApart. If this does not take place, the agreed price from the contract is to be paid even if the customer does not make use of contractual services. This does not apply in cases of BonApart’s delay in performance or an impossibility of performance for which BonApart is responsible.
4.2 If BonApart and the customer have agreed in writing on a date for withdrawal from the contract, the customer can withdraw from the contract until then without triggering payment or compensation claims by BonApart. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in writing against BonApart by the agreed date, unless there is a case of default in performance by BonApart or an impossibility of performance for which BonApart is responsible.
4.3 The customer shall be entitled to cancel the contract as follows without BonApart being entitled to any payment or compensation claims:
6 weeks before arrival: 60 % of the quota
9 weeks before arrival: 100 % of the contingent
6 weeks before arrival: 40 % of the quota
9 weeks before arrival: 60 % of the quota
4 months before arrival: 100 % of the quota
6 weeks before arrival: 20 % of the quota
9 weeks before arrival: 40 % of the quota
4 months before arrival: 60 % of the quota
6 months before arrival: 100 % of the quota
4.5 BonApart is free to charge a lump sum for any damage incurred after the expiry of the withdrawal periods and to be compensated by the customer. The customer is then obliged to pay 90 % of the contractually agreed price for the rental of the apartment. The customer is free to prove that no damage has occurred or that the BonApart incurred damage is lower than the required flat rate.
5. withdrawal/cancellation of BonApart
5.1 If a right of withdrawal of the customer was agreed in writing within a certain period, BonApart is entitled to withdraw from the contract during this period, if there are inquiries of other customers for the contractually booked apartments and other services and the customer does not waive his right of withdrawal when asked by BonApart.
5.2 If an agreed advance payment is not made even after the expiry of a reasonable grace period set by BonApart with threat of rejection, BonApart is also entitled to withdraw from the contract.
5.3 Furthermore, BonApart is entitled to withdraw from the contract for objectively justified reasons / to terminate it if, for example, force majeure or other circumstances for which BonApart is not responsible make the fulfilment of the contract impossible, apartments under misleading or false information of essential facts, e.g. in the person of the customer or the purpose, BonApart has justified reason to believe that the use of the service, the safety of other guests or employees of the house or the reputation of BonApart in the public at risk, without this being attributable to the control or organizational area of BonApart.
5.4 BonApart must inform the customer immediately of the exercise of the right of withdrawal/termination.
5.5 If BonApart justifiably withdraws from the contract / cancels the contract, the customer is not entitled to compensation.
6. provision, handover and return
6.1 The customer does not acquire any right to the provision of certain apartments.
6.2 Booked apartments are available to the customer from 15.00 on the agreed arrival day.
6.3 The apartments must be vacated by 11.00 a.m. at the latest on the agreed departure day. BonApart may then charge 50 % of the full accommodation price (list price) for the additional use of the apartment until 6 p.m. in addition to the damage incurred, and 100 % from 6 p.m. onwards. The customer is at liberty to prove to BonApart that no or a substantially lower damage has been incurred.
6.4 The customer is obliged to return the rooms immediately after the end of the event.
7.1 BonApart is liable for the diligence of a prudent businessman. However, this liability is limited to intent and gross negligence. The customer is obliged to contribute what can reasonably be expected of him in order to remedy the disruption and to keep any possible damage to a minimum.
7.2 Bonapart shall be liable to the customer in accordance with the statutory provisions, i.e. up to one hundred times the apartment price, up to a maximum of EUR 3,500.00 for items brought in and up to EUR 800.00 for money and valuables. Money and valuables can be kept in the apartment safe. BonApart recommends to make use of this possibility. Liability claims expire if the customer does not notify BonApart immediately after becoming aware of loss, destruction or damage (§ 703 BGB).
7.3 The unrestricted liability of BonApart is subject to the statutory provisions.
7.4 If the customer is provided with a car parking space in the underground car park or in a hotel car park, even for a fee, this does not constitute a safekeeping agreement. BonApart is not liable for the loss of or damage to parked or manoeuvred motor vehicles and their contents, except in cases of intent or gross negligence. This also applies to vicarious agents of BonApart.
7.5 Messages, mail and consignments of goods for the guests are handled with care. This does not constitute a custody contract.
7.6 The customer is liable for all damages which he, his employees, his guests or visitors have culpably caused in the BonApart building or in the BonApart inventory.
7.7 The customer’s claims shall become statute-barred within the statutory period.
8. decorations brought by the customer
8.1 The installation of decorative materials at BonApart is only permitted with the prior consent of BonApart. The customer is responsible for the approval of the decoration. The customer shall be solely liable for such decoration and shall indemnify BonApart against claims by third parties.
9. final provisions
9.1 Amendments or supplements to the contract, the acceptance of the application or these terms and conditions for acceptance shall be made in writing. Unilateral changes or additions by the customer are ineffective.
9.2 The place of performance and payment is the registered office of BonApart.
9.3 Exclusive place of jurisdiction – also for cheque and bill disputes – in commercial transactions is the registered office of BonApart, this also applies in commercial transactions to customers who do not have a general place of jurisdiction in Germany.
9.4 German law shall apply.
9.5 Should individual provisions of these General Terms and Conditions for Suite Bookings be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.
Status: December 2006