General terms of conditions
§ 1 Definition of Terms
I. Customer is the natural or legal person or company who did the booking.
II. Guests are the persons that use the contracted rooms.
§ 2 Coverage
I. These terms of conditions apply to all contracts/bookings in order to rent rooms apartments for residential purposes, as well as all other services offered or provided by „my brand“ Boardinghouse.
II. Contracted rooms or apartments are not to be subleased. Furthermore usage for other than lodging purposes is only possible by prior approval in writing form from „my brand“ Boardinghouse.
III. Any other terms from side of customers or guests not applying to these general terms of conditions would need approval in writing form from „mybrand“ Boardinghouse to get valid.
§ 3 Contract
I. Contractors are „my brand“ Boardinghouse, c / o Kirsten Gäth, Buchenring 53, 22359 Hamburg (below named „my brand“ only) and customers or guests according to §1 of these terms. If a third party books for guests both become liable for any consequences and obligations of the contract. Any third party bokking for guests has to forward complete information related to the booking to the guests. This includes this terms of conditions also.
II. After a reservation request from customer or guest followed by appropriate booking confirmation from „my brand“, a lease agreement (furthermore called contract only) is signed. „my brand“ has option to confirm the bookings in writing or orally form.
§ 4 Services, prices, payments
I. „my brand“ has to provide the booked rooms or apartments if available or to provide equivalent compensation. This concerns other services as agreed also. II. The customer or guest agrees to pay for the contracted rooms, apartments or services as per booked rates and pricelist by „my brand“.
III. If the period between conclusion and fulfillment of the contract is more than 6 months and if „my brand“ increases prices for services, „my brand“ will not increase the contractually agreed prices by more than 10% to the
customer. Or the guest. Prices can be changed by „my brand“ in case customers or guests do any changes in number of individual rooms/apartments, booked services or the length of booking. Any changes of booking need aproval in written form by „my brand“.
IV. All agreed prices include actual taxes like VAT or tourism fees.
V. „my brand“ can demand a reasonable payment in advance or guarantee in the contract or any demands because of the contract.
VI. Invoices from „my brand“ are payable upon receipt of the invoice without any discounts latest by date of invoice. For any outstanding payment „my brand“ is allowed to request immediate payment.
§ 5 Preparation of rooms/apartments, hand-over and hand-back
I. The guest / customer is not entitled to get delivery of a specific apartment.
II. Booked apartments are available to the client or customer at 3.00 a.m. at
day of arrival. Arrival before can get possible after approval from „my brand“.
III. On departure, the rooms/apartments have to be left and handed back at 10.00 a.m. latest to „my brand“. Any delay will be charged by „my brand“ as a result of damage with 50% price of room/apartment for delayed departures until 6:00 p.m. at day of contracted booking and with 100% after. The customer/guest is free to prove to „my brand“ that financial damage did not occure or is smaller.
IV. The apartment/room keys will be handed out to the guest / customers for the duration of the stay and remain property of „my brand“. Any loss of keys by the guest / customer will be charged with a fee of € 150 for the
refurbishment. The amount is to be payed immediately to „my brand“.
§ 6 Liability of „my brand“
I. „my brand“ is liable for its obligations according to the contract.
Customer/guests claims for any damages are excluded. This does not include damages for injury to life, limb or health, freedom and sexual selfdetermination, in case „my brand“ or its employees are responsible for breaches of duty or any other damages caused by intentional or heavy negligent breach of duty as well as damage that occures because of „mybrands“ negligent breach of typical obligations by the contract (cardinal obligations and core). A breach of duty by „my brand“ inludes breaches of duty by its legal representatives or agents. Should disruptions or defects occur in the performance of „my brands“ obligations, „my brand“ requires immediate information and objection by the customer / guest and will endeavor to change the situation. The customer / guest is required to contribute reasonably to fix the fault and to minimize any potential damage.
II. For any property of customers / guests brought into the apartments of „mybrand“ it shall be liable according the statutory provisions, means: Up to one hundred times of the apartment price, but not more than 3.500 €, and € 800 for cash and valuables. Liability claims expire in case the customer / guest does not immediately inform „my brand“ about the loss, destruction or damage. (§ 703 BGB).
III. For unlimited liability of „my brand“ the statutory provisions of Germany are relevant.
IV. Fourth, mail, and merchandise deliveries for guests are handled with care. A custody agreement is thus not not part of the contract.
V. The customer / guest is liable for all damages culpable caused by him or his employees, guests or visitors in „my brands“ rooms/apartments, or its inventory.
VI. The time of annual limitation of damages is in accordance with statutory provisions of Germany in principle. In deviation from § 199 BGB III No. 1, claims for damages, regardless of knowledge or grossly negligent expire after five years after first claim. This does not apply to claims based on intentional or grossly negligent breach of duty by „my brand“. The liability for culpable injury to life, limb, health, freedom or sexual self-determination remains intact, as well as the mandatory liability under the Product Liability Act. Claims other than claims for damages are limited to one year after official notice by „mybrand“. For claims due to the lack of a cause, the expiring period begins with the delivery.
§ 7 Cancellation by the customer / Cancel
I. A cancellation by the customer / guest from the contract with „my brand“ requires written approval from „my brand“. In case of no approval the agreed price in the contract must be paid even if the customer / guest does not use the contracted services or rooms. This does not apply in cases of delayed performance of „my brand“, or any impossibility of performance which is caused by „my brand“.
II. In case the contract between „my brand“ and the customer / guest includes a date for resigning the contract in writing form, the customer / guest is free from paying the contractual payment and damages to „my brand“. The right of resigning the contract expires if the customer / guest does not exercise his cancellation right in writing form to „my brand“, unless there occurs a delay in
performance of „my brands“ impossibility of delivery caused by „my brand“.
III. Due to cancellations by the customer/guest, the provisions of the respective reservation confirmations are mandatory. Unless otherwise agreed, the customer can cancel his reservation 14 days before the scheduled time of arrival free of charge. Any later cancellations will be charged with a minimum amount of 50% of the total contract amount and cancellations on the date of move-in will be charged with 100% of contract amount. (If monthly fee is agreed, the fee of the first month is used as the basis for the cancellation fee.
§ 8 Resignment / cancellation on the part of „my brand“
I. If a resignment of the customer / guest was agreed within a certain period in writing form from „my brand“ the boardinghouse „my brand“ is also entitled to resign the contract during this period if there are requests from other customers / visitors for the same rooms and the customer / guest does not use his right to resign after haveing been asked when asked by „my brand“. II If an agreed advance payment is not executed by the customer/guest after a warning notice from „my brand“ with reasonable grace period, „my brand“ is also entitled to resign the contract.
III. Furthermore „my brand“ is authorized to cancel the contract for justifiable reasons or to terminate it. Objective reasons exist in particular if the force majeure or other circumstances beyond „my brands“ responsibility make the contract impossible, or when apartments are reserved with misleading or false information regarding material facts, such in the person of the customer or the purpose of renting, or are booked and „my brand“ has good reason for suspecting that the use of the service, will harm the safety of other guests or hotel staff or the reputation of „my brand“ or the risk to the public.
IV. „my brand“ has to inform the customer / guest of the exercise of its cancellation / termination right without delay.
V. In case of justified rescission / cancellation by „my brand“, occures no right for the customer / client to demand for compensation.
§ 9 Final Provisions
I. Amendments and additions to the contract, the contract itself or acceptance of these terms of conditions for accommodation need to be made in writing form. Unilateral amendments and supplements by the customer are not valid.
II. Location of performance and payment is Hamburg.
III. The exclusive jurisdiction for commercial transactions is Hamburg, this applies also for commercial transactions for clients who do not have general jurisdiction in the country of Germany.
IV. If any provision of these terms of conditions for booking of rooms or servicess are invalid or void, the validity of the remaining provisions shall not be affected. The contractors in this case exchange the invalid or void term by a term that reflects the original commercial purpose of the invalid or void term and replace it accordingly. In addition, the statutory provisions of Germany are
V. Applicable law is the law of the Federal Republic of Germany.
Date: March 2015
My Brand Boardinghouse, Kirsten Gäth, Buchenring 53, 22359 Hamburg
You have three payment options:
1) Payment in cash: When you arrivel, please com to the reception and pay cash. Our reception is open Mo.-Fr. 9.30-12.00 o`clock and 15.00-17.00 o`clock. At the weekend you can`t pay cash!
So when you arrival at the weekend, you have one of the two others of the pay options.
2) Transfer: Pay the invoice amount on our account indicated on the invoice.
3) Debiting your credit card account: We take a debit from your credit card account.
Up to your arrival day, we exept your receipt. Please give us a short notice, which payment
options do you want.
Rules of behaviour
In all rooms it is strictly forbidden to smoke. An ashtray you find in front of the entrance of the building. We kindly ask all guests to note that we will charge € 120,- for extra cleaning efforts to all people who do not follow this rule and smoke instead inside the building. Silence at night for sleeping time please has to be kept after 10:00 p.m.. All noises like TV or music and speaking have to be put down to level of headphones. Kitchen, toilets, showers and washingrooms are free for all guests to be used but we instantly ask all guests to leave those rooms in same conditions as found.
Parking between 6:00 p.m. and 8:00 a.m. during the week and for the whole day at the weekend is for free. Outside these time frames please only use the parking spaces signed for our house “my brand”.
Depending on the individual rate your booking can be cancelled free of charge between 7 days and 48 hours before arrival. Any later cancelation will be charged with 80% of total booking amount. Cancelation at time of arrival or “no show” at arrival will be charged with 100% of booking amount. By receiving our booking confirmation you take note of our house rules and terms of conditions and accept them. You find them present at any time on our website also. Within our booking rate a fee of € 2,- in total (night/person) for all costs like energy, water and any government taxes is included for
private guests. From this fee we also pay tourism taxes which are claimed by the City of Hamburg since 01.01.2013. Guests who travel in busines cases can be exempted from this tax in case they send back a correctly filled formular to us which can be downloaded from our website. In case of any further interest we recommend to have a look at