GENERAL CONITIONS AND TERMS OF USE

CHECK-IN! Zimmerservice e.K.

§1   Application

The following conditions exclusively govern the contractual relationship between you („Guest“) and CHECK-IN! Zimmerservice e.K. („Agency“) Where required, they complement the applicable statutory regulations. The regulations about the tourist travel contract (Art. 651a ff. BGB) are not applicable.

By using the Agency’s web page and the services offered Guest agrees to be bound by and confirms to have read and understood the General Conditions and Terms of Use.

By completing the booking process Guest instructs the Agency to procure an accommodation with a Host. Booking mandates are binding. Hosts are private and commercial landlords and tourism businesses (Hotels and boardinghouses).

The contract about the accommodation service is entered into directly between Guest and Host and is not governed by the General Conditions of the Agency. If applicable, Terms and Conditions of the Host (e.g. cancellation conditions) shall be displayed before booking and must be confirmed by Guest.

In order to make a booking Guest must be 18 years or older and may not be limited in his legal capacity.

 

§2   Subject and Conclusion of Contract, Information about Hosts

Subject of the contract with the Agency is the procurement of an accommodation contract with the respective Host about the services shown in the booking.

The provision of the booked accommodation services is not part of the obligations of the Agency. Guest must notify Host immediately about any defaults of the accommodation services.

Upon acceptance of the procurement mandate, i.e. upon receiving the corresponding booking confirmation, the procurement contract is concluded with binding chargeable effect for Guest. Service fees owed by Guest for the procurement are defined in Article 3 of the General Conditions. The procurement mandate can be accepted in writing (“Schriftform” pursuant to Art. 126 BGB) or by Email/Fax (“Textform” pursuant to Art. 126b BGB). All declarations between Guest and Agency are also binding by Email/Fax. If the mandate is made not by Guest but by a third person Guest assumes joint and several liability for all obligations of the persons registered for accommodation. The booking confirmation does not represent that a contract about the booked accommodation was concluded with the Host.

If Guest mandates the Agency with an individual search request and Agency consequently provides Guest with offers from Hosts, the procurement contract shall be concluded upon acceptance of such offer by Guest.

Name, address and phone number of the Host shall be communicated to Guest together with the booking confirmation for each accommodation.

 

§3   Service Fee, Invoicing, Reimbursement, Set-off

Bookings for an accommodation of less than a full month incur a service fee becoming due upon conclusion of the contract with the Agency. Agency will issue an invoice about the service fee showing VAT. If Agency is mandated by Host to collect the rent in the name and for the account of Host, Agency will issue an invoice including the rent and the service fee. Otherwise, the rent shall be paid directly to Host (cash upon arrival or wire transfer on Host’s account, installments can be agreed between Guest and Host). Details of the payment conditions will be communicated before completion of the booking. Differing conditions shall only apply if confirmed in writing by Agency. The service fee is owed by Guest notwithstanding a cancellation of the booking. Cancellation conditions are indicated in the respective property descriptions.

Bookings for accommodations of one full month or more do not incur a service fee.

Agency is entitled to charge Guest with valid supplemental claims of Hosts for damages if Agency is charged accordingly by the Host.

Based on legal grounds of reimbursement of expenses, Agency shall be entitled to claims according to the preceding paragraph also in the absence of an individual agreement with Guest.

Guest is not entitled to any set-off or withholding, in particular with counterclaims against Host resulting from inadequate fulfillment of the accommodation contract, against reimbursement claims of Agency. This shall not apply if Agency has caused or contributed to Guest’s counterclaims through breach of its own contractual obligations or if Agency is liable for Guest’s counterclaims for other reasons.

 

§4   Booking Documents

Guest shall review for correctness and completeness the booking documents provided with the booking confirmation, in particular by checking that the confirmed accommodation dates comply with the booking. In case of discrepancies, Guest shall notify the sender (Host or Agency). If Guest does not meet this obligation, potential claims for damages can be limited or excluded based on legal grounds of the duty to mitigate losses (“Schadensminderungspflicht”, Art. 254 BGB). All claims for damages against Agency shall be excluded if the specific circumstances were not identifiable for or attributable to Agency.

 

§5   Cancellations, Changes, Travel Insurance

Cancellations of a procured accommodation are governed by the cancellation conditions of the Host. Guest is advised to take out travel insurance to reduce potential financial losses. The cancellation conditions are indicated in each property description.

Changes to an accommodation can only be made by cancelling the booked accommodation and rebooking a new accommodation unless otherwise provided for in the contract between Guest and Host.

 

§6   Entry requirements and other information

Guest is solely responsible to comply with all legal requirements for travel, in particular entry, exit, customs, foreign currency, passport and visa requirements. The same applies for the procurement of travel documents. Agency informs Guest that the above requirements are subject to change without notice and therefore assumes no liability for any advice provided.

Agency shall only bear a disclosure or information obligation where required by circumstances known to or identifiable by Agency. In case of any such obligation Agency has the right to assume that Guest and fellow travelers are German or EU-Nationals without any particularities (Double citizenship, Statelessness) unless otherwise instructed by Guest. Corresponding information duties of Agency are limited to providing information from suitable sources. Agency bears no obligation to research information. Agency is entitled to comply with any obligation referred to above by informing Guest about the necessity to conduct an individual research on his own.

 

§7   Liability

Unless Agency has expressly agreed otherwise with Guest it is not liable for the conclusion of accommodation contracts with Hosts.

In the absence of an express agreement or warranty Agency is not liable for any defaults of the procured services including bodily injury and physical damage. Further, Agency does not assume any liability or warranty with regard to the character of the accommodation provided by Host, its suitability for Guest’s accommodation purposes or Host’s willingness to perform.

Agency shall be liable according to the statutory provisions in case of intent or gross negligence. It shall be strictly liable for assumed warranties. In case of slight negligence, the Agency shall solely be liable according to the provisions of the product liability law, for damages arising from wrongful death, personal injury or health impairment or from breach of material contractual obligations. However, any claims resulting from breach of material contractual obligations shall be limited to the foreseeable damages unless liability results from injury to life, body, or health. The above limitations of liability apply also to legal representatives and vicarious agents of the Agency.

The above provisions extend to compensation in addition to performance, compensation in lieu of performance and compensation due to futile expenditures, regardless of the legal grounds, including liability for defects, delay or impossibility of performance.

 

§8   Data Protection

Data protection regulations can be found in the Privacy Policy. Guest agrees to the collection and processing of his personal data according to the provisions of the Privacy Policy.

 

§9   Copyright Law

Construction, design and content of the Internet presence of the Agency are protected under copyright laws.

 

§10   Amendments

Agency reserves the right to amend these conditions and terms of use without prior notice. The conditions and terms as amended will be shown on the Agency’s web page.

 

§11   Links

The web page of the Agency may contain links to web pages of third parties. The Agency is not responsible for the content of third parties’ webpages and does not regard such content as its own. The Agency dissociates itself from any illegal content on third parties’ web pages.

 

§12   Miscellaneous

The use of the web page of Agency and any contracts concluded hereunder shall be governed by the laws of Germany.

The forum for legal actions by Agency against Guest shall be the place of residence of Guest. If Guest is a merchant, legal entity of public law or a special fund under public law, the competent forum for all disputes arising from or in connection with the procurement mandate shall be the seat of the Agency in Munich.