General terms and conditions
For Midori Guesthouse (in the following also: Midori), Friedrich-Ebert-Straße 4 in 69221 Dossenheim
Guest accommodation terms and conditions of Midori Guesthouse GmbH
we thank you for your interest in booking your stay in our house. In case of conclusion of guest accommodation contract Midori Guesthouse GmbH, Gerhart-Hauptmann-Straße 28, 69221 Dossenheim – hereafter shortened „Midori“ - shall deploy its whole energy and experience to provide you with the most comfortable stay. Herein precise legal arrangements about Your rights and responsibilities as a Guest as well as the rights and responsibilities of the house as a host shall add, those are to be concluded with You in form of the following guest accommodation terms and conditions. In case of booking, these guest accommodation terms and conditions, as far as effectively agreed on, shall become the content of the concluded guest accommodation contract between You and Midori. Therefore, please read these guest accommodation terms and conditions through before making the booking.
1. Contract Terms Scope of Application
The present terms and conditions apply, as far as effectively agreed on, to the guest accommodation contracts, the Booking Basis thereof appears in the released Midori catalogue or in accommodation offers on the Internet.
Midori reserves the right to agree with the Guest on other accommodation terms than here indicated or to make additional or variational agreements to the present terms and conditions.
2. Conclusion of the Contract
The base principle for the offer from Midori and booking by the Guest are the description of the accommodation and the additional Information in the Booking Basis (such as category explanation), insofar as available for the Guest at the moment of booking.
In accordance with the statutory obligations the Guest is informed that following legitimate regulations (§ 312g, section 2, sentence 1, clause 9 of BGB [German Civil Code]) no right of withdrawal shall apply for the guest accommodation contracts, concluded through distant selling (letters, catalogue, telephone calls, telecopies, E-Mails, messages sent via mobile communication (SMS) as well as broadcasts and Telemedia), but rather only the statutory rules regarding non-utilization of the rental services (§ 537 BGB) shall be valid (refer also to clause 6 of present guest accommodation terms and conditions). However, the right of withdrawal applies for the case when the Guest accommodation contract is concluded away from business premises, unless the oral negotiations, on which the conclusion of the contract is based, are bound to the foregoing reservation by You as the consumer; in the last-mentioned case likewise no right of withdrawal shall be valid.
In case the booking is effected by associations, unions, companies, agencies and institutions they shall be the exclusive liable to pay contract partner of the guest accommodation contract and not the individual Guest, as far as they do not proceed with the booking explicitly as a contractual representative in the name and under the authority of the Guest.
A guaranteed reservation is only possible when the Guest provides his/her credit card number at the moment of booking or a company stamp with the signature or effects the down payment.
For the bookings, made orally, per telephone, in writing, per E-Mail or per Telefax, shall apply as follows:
- a) With the booking the Guest offers to Midori the binding conclusion of the guest accommodation contract.
- b) The contract enters into force with the statement of acceptance from Midori (booking confirmation) to the Guest. This requires no specific form, thereby oral and telephone confirmations likewise are binding for the Guest and Midori. As a rule, Midori shall additionally transmit to the Guest a written copy of the booking confirmation for the confirmations made orally or by the telephone. Nonetheless, the bookings made by the Guest orally or per telephone lead at the corresponding oral or telephone confirmation from Midori to the binding contract conclusion, also without an according additional written copy of the booking confirmation to the Guest.
- c) Submits Midori to the Guest a special offer upon request, this is considered a binding contract offer from Midori to the Guest, variational from the preceding provisions, as far as it is not an nonbinding request of information about availability and prices. In these cases the contract comes in force, without the need of the corresponding re-confirmation from Midori, once the Guest accepts this offer within the given period and without limitations, modifications or enhancements though explicit declaration, down payment, remaining payment or by using the accommodation.
For the bookings made on the Internet, the following shall apply for the conclusion of the contract:
- a) Through pressing the button „Book with obligation to pay“ the Guest offers to Midori the conclusion of the binding guest accommodation contract. The receipt of the booking will be immediately delivered to the Guest in electronic form.
- b) The communication of the contract offer through pressing the button „Book with obligation to pay" does not justify the claim of the Guest to the conclusion of the guest accommodation contract according to the booking data. Midori is free to decide whether to accept the contract offer from the Guest.
- c) The contract comes into force with the receipt of the booking confirmation by the Guest.
- d) Follows the booking confirmation immediately after the Guest made the booking by pressing the button „Book with obligation to pay“ by the corresponding display of the booking confirmation on the screen (booking in real time), shall the guest accommodation contract be concluded through receipt and display of this booking confirmation to the Guest. In this case the Guest is offered an option to save and to print the booking confirmation. Nonetheless, the binding force of the guest accommodation contract is autonomous from the fact, whether the Guest uses an option of saving or printing. As a rule, the Guest shall receive an additional copy of the booking confirmation per E-Mail, an attachment to the e-mail, per post or per fax. The receipt of such an additional booking confirmation is not however the prerequisite for the legally binding force of the guest accommodation contract.
3. Prices and Services
The prices indicated in the Booking Basis (an offer from Midori, Internet) are final prices and include the statutory value-added tax and all extra costs, insofar as no other notes are made regarding the extra costs. There may arise separate Visitor’s tax/Resort tax as well as remuneration for consumption-depending services to be charged (such as electricity, gas, water, firewood) and for any optional and additional services, that are first booked or used on the spot.
The services owed by Midori arise solely from the content of the booking confirmation, the accommodation data and the services from Midori in the Booking Basis as well as from some enhanced explicit agreements with the Guest.
The down payment and the remaining payment terms are due to the arranged and indicated in the booking confirmation agreement between the Guest and Midori. In case no special agreement is made, the complete accommodation price including the remuneration for additional costs and extra services is to be paid at the end of the stay to Midori.
Midori can ask for down payment in the amount of up to 20% of the total price of accommodation services and booked extra services after the conclusion of the contract, unless in individual cases other amount of down payment has been agreed on.
For the stays lasting more than 1 week Midori can bill for payment the costs for the past days of stay as well as for extra services (such as not included in the accommodation price board services, removal from the minibar).
Payments in the foreign currency are not possible. Payments at the end of the stay via bank transfer are not possible.
Effects the Guest no down payment or makes the payment not in full as agreed despite the demand note with a reasonable deadline from Midori within the stipulated terms, shall Midori be entitled to terminate the contract with the Guest and to demand from the Guest the cancellation fees according to clause 6 of present terms and conditions, insofar as the house itself is capable and ready to deliver the agreed services and the Guest has no legal or contractual rights of retention.
5. Arrival and Departure
Reserved rooms are available to the Guest as of 3:00 p.m. on the day of arrival. Arrival of the Guest without a special arrangement is due till 6:00 p.m.
For later arrivals apply as follows:
- a) The Guest is obligated to notify Midori by 6:00 p.m. or by the agreed arrival time, in case s/he is arriving later or if s/he would like to use the booked accommodation lasting several days starting from the next day.
- b) In case no notification is made on time, shall Midori have the right to occupy the accommodation otherwise. For the time of non-occupancy the provisions on withdrawal and no-show of the Guest as per current terms and conditions are valid.
- c) For the time of occupancy, during which the Guest does not make use of the accommodation due to later arrival, the provisions on withdrawal and no-show as per the current terms and conditions shall be valid. The Guest is not to pay to Midori for such occupancy times, in case Midori is responsible for the reasons of the later arrival or non-occupancy according to the contract or the valid law.
The accommodation is to be vacated by the Guest on the agreed departure date by 11:00 a.m. the latest, unless a special arrangement is made. If the accommodation is not vacated on time, Midori can demand a corresponding extra charge. The prolongation of the stay is possible upon request and availability and is charged in the amount of 80 % of the actual room rate till 2:00 p.m. and in the amount of 100 % of the actual room rate till 6:00 p.m.
Midori reserves the right to assertion regarding further damages. The claim to use the housing accommodations after 11:00 a.m. on the departure day from Midori can only prevail on condition of general reference from the hotel or a specific agreement made for this individual case.
6. Withdrawal and No-Show
In case of withdrawal or no-show of the Guest Midori entitlement to the payment of the agreed accommodation price including board services and remuneration for extra services remains valid. This shall not apply if Midori in an individual case granted the Guest a withdrawal without charges and Midori received in time the Guest’s assertion to exercise this free withdrawal that does not need any specific form.
Midori is to make possible efforts for an alternative use of accommodation within the scope of its normal business operations, without obligations of special efforts and observing the peculiarities of the reserved accommodation (such as non-smoking room, family room).
Insofar as it is possible for Midori to occupy the room further for the booked by the Guest period of time, it shall make allowance for the value of saved expenses from the revenue from this further occupancy, following its claim as per clause 6.1 hereof, as far as the alternative occupation is not possible.
According to the percentage rates recognized in legal practice for the assessment of expenses saved, the Guest is to pay the following sums to Midori, related respectively to the total price of accommodation services (including extra costs), but without taking into consideration the Resort taxes, with allowance for the appropriate amounts charged as per clause 6.3:
- For overnight accommodation without board 90%
- For overnight accommodation/breakfast 80%
- For half-board 70%
- For full-board 60%
The Guest is explicitly reserved the right to prove to Midori, that the saved expenses are considerably higher than the preceding deductions made or that an alternative use of accommodation or other services took place. In case of such verification the Guest shall only pay the according lower amount.
The Guest is strongly advised to conclude travel cancellation insurance.
In the interest of the Guest the withdrawal statement should be made in text form.
7. Responsibilities of the Guest; Cancellation by the Guest and by the Host
Unless otherwise agreed, the accommodation can only be used by the Guest/the Guests, for whom it has been booked. Any other occupation, in particular subletting, is not allowed.
The Guest is to observe the house rules about which s/he has been informed or respectively noticed by a reasonable opportunity.
The Guest is to immediately notify Midori of any defects and disturbances and to request repair. Should the Guest fail to report the defects, so the claims from the Guest to Midori could become wholly or partially void.
The Guest can cancel the contract only in case of heavy defects or disturbances. First the Guest is to set a reasonable deadline to Midori in the context of the notification of defects, unless the repair is not possible or refused by Midori, or if the immediate cancellation for the best interests of the Guest, recognized by Midori is objectively justified or if the further stay for the Guest is for such reasons objectively unacceptable.
Accommodation of pets is only allowed in case it has been explicitly agreed on, when Midori mentions this possibility in its descriptions. The Guest is obligated to provide truthful information about type and size in the context of such agreements. Any violations could entitle Midori to terminate guest accommodation contract exceptionally.
Midori can terminate guest accommodation contract without observing a period of notice, in case the Guest or his/her fellow travelers, despite a warning from the company, disturb other Guests or continuously disrupt their stay or in case the Guest or his/her fellow travelers behaves in violation of the contract to such an extent that the immediate cancellation of the contract is justified. Terminates Midori the contract, so the according provisions of clause 6 come in force for payment claims.
8. No Smoking in the Hotel
Midori is a smoke-free hotel. It is therefore prohibited to smoke, both in the public areas as well as in the guest rooms. The smoking of e-cigarettes is also not allowed. In case of non-compliance, Midori has the right to demand that the Guest pay EUR 100.00 in compensation for additional cleaning costs including any loss in revenue due to the potential inability to rent out the room. Midori also reserves the right to assert further claims for damages. The Guest is entitled to prove that Midori has suffered extremely little or no damage.
9. Long-term Stay
Changes to the room setup and furnishings (such as by mounting one’s own shelves or pictures) also during the long-term stay are not allowed without a written permission from Midori general manager. Midori reserves the right to charge for any expenses involved in restoring the original setup.
10. Personal Food and Drinks
The consumption of personal food and drinks is prohibited in public areas. The breakfast provided on the breakfast buffet may only be consumed in the public areas provided for this (bar, lounge, roof terrace). It is not possible to take away any of the food offered on the breakfast buffet. Preparing food in the guest rooms is not permitted except in rooms equipped with a kitchen.
11. Liability Limitation
Midori shall be not liable through the guest accommodation contract as per § 536a BGB for damages, that do not arise from loss of life, physical injury or impairment of health, unless they are due to a willful or grossly negligent violation of legal obligations by Midori or its legal representative or its auxiliary persons.
The potential proprietor’s liability of Midori for items brought by the guests according to §§ 701 of BGB shall remain unaffected by this regulation.
Midori shall not be liable for the defaults regarding services, conveyed during the stay and apparently for the Guest fulfilled by third-parties (such as rebalancing massages, trips, entry tickets, tickets for transport services, sports events, theater visits, exhibitions etc.). Same applies to the third-party services, conveyed to Midori already with the booking of accommodation, insofar as these are explicitly indicated in the description or the booking confirmation as third-party services.
12. Alternative Dispute Resolution; Choice of Law and Place of Jurisdiction
With regard to the Consumer Dispute Resolution Act Midori points out, that it does not currently take part in any voluntary consumer dispute settlement. In case the participation in the institution of consumer dispute resolution would be mandatory for Midori after these guest accommodation terms and conditions have been printed, the Guest shall be informed in a proper form. For all the guest accommodation contracts, concluded within the scopes of electronic legal transactions, the European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ shall be referenced to.
Exclusively German Law shall be applicable to the contractual relations between Midori and the Guest. This applies to any other legal relationships.
The Guest can only sue Midori at its registered office.
For the lawsuits from Midori against the Guest the residence of the latter is decisive. For suits against Guests, business persons, legal bodies of public or private rights or persons, whose place of residence / registered office is abroad or whose place of residence / registered office or the habitual residence at the time when the claim is raised is not known, the domicile of Midori will be appointed for the court of jurisdiction.
The above provisions shall not apply, if and to the extent that the applicable and not modifiable provisions of the European Union or other international provisions are applicable to the contract.
Copyrighted; Noll & Hütten Rechtsanwälte; Stuttgart | München; 2004-2018
The Host is:
Midori Guesthouse GmbH
Headquarters: Gerhart-Hauptmann-Straße 28
Address of the hotel: Friedrich-Ebert-Str. 4
Telephone: +49 6221 - 87 29 80
Telefax: +49 6221 - 87 29 81 42
General Manager: Steffen Mahle
Registration Court: Amtsgericht Mannheim