General terms and conditions (AGB) Apartment Lea Nin
I.Scope
1.These terms and conditions apply to contracts for the rental provision of apartments for accommodation as well as all other services and deliveries of the Apartment Lea Nin, hereinafter referred to as an apartment (apartment contract).
2. The sub- or further letting of the apartment provided and the use of the rooms for others as accommodation purposes require the previous written consent of the apartment.
3. Terms and conditions of the customer only apply if this has been arranged in writing beforehand.
II. Contract conclusion, partner, liability; Limitation
1. The contract is concluded by the benefit of the customer's acceptance by the apartment. The apartment is free to confirm the room booking in writing.
2. The contractual partner is the apartment and the customer. If a third ordered for the customer, he is liable to the apartmentTogether with the customer as a joint debtor for all obligations from the apartment admission contract, provided that the apartment has a corresponding explanation of the third party.
3. In principle, all claims against the apartment expire in one year from the beginning of the knowledge -dependent regular limitation period of Section 199 (1) BGB. Claims for damages expire in five years regardless of knowledge. The limitation of limitation does not apply to claims based on an intentional or grossly negligent breach of duty of the apartment.
4. This limitation of liability and short limitation period also apply in favor of the apartment in favor of violating the contract and positive breach of contract.
III. Services, prices, payment, offsetting
1. The apartment is obliged to keep the rooms booked by the customer and to provide the agreed services.
2. The customer is obliged to give the room handover and that ofto pay or agreed prices of the apartment. This also applies to services and expenses of the apartment to third parties prompted by the customer.
3. The agreed prices include the respective statutory VAT. If the VAT rate increases to the day of the service, the agreed prices change accordingly. The apartment is entitled to load the VAT. If the period between the conclusion of the contract and the fulfillment of the contract exceeds 4 months and increases the price calculated by the apartment for such services, this can increase the contractually agreed price, but at most by 10%.
4. The prices can also be changed by the apartment if the customer subsequently wishes to make changes to the number of books booked, the performance of the apartment or the length of stay of the guests and the apartment agrees.
5. InvoicesThe apartment without the due date is payable within 10 days of receipt of the invoice without deduction. The apartment is entitled to make accrued claims due at any time and to request immediate payment. In the event of a delay in payment, the apartment is entitled to calculate interest rates of 8% or for legal transactions in which a consumer is involved in calculating 5% above the base rate of the European Central Bank. The customer reserves the right to prove a lower, the apartment that of a higher damage. The customer has to reimburse dunning costs of EUR 5 for each reminder after the delay occurred. The customer bears all other costs that are incurred as part of a debt collection.
6. The apartment is entitled to request an appropriate advance payment or security, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be in the contractbe agreed in writing.
7. Furthermore, the apartment is entitled to request an adequate advance payment or security service within the meaning of the above No. 6 for existing and future claims from the apartment recording contract, insofar as this has not already been made in accordance with the above No. 6.
8. The customer can only offset or reduce with an undisputed or legally binding claim compared to a claim of the apartment.
IV. Resignation of the customer (cancellation, cancellation)
1. A resignation of the customer from the contract concluded with the apartment requires the written consent of the apartment. If this does not occur, the agreed price from the contract must also be paid if the customer does not claim contractual services (compensation). This does not apply in the cases of the contract of performance of the apartment or an impossibility of providing the service to which he is responsible.
2.If an appointment for withdrawal from the contract has been made in writing between the apartment and the customer, the customer can withdraw from the contract until then without triggering the apartment's payment or damages. The customer's right of withdrawal expires if he does not exercise his right to withdraw from the apartment by the agreed date, unless there is a case of the contract for performance of the apartment or an impossibility of providing the service to which he is responsible.
3. In the case of rooms not used by the customer, the apartment has to count the income from other rental of the rooms and the saved expenses.
4. The apartment is free to flatten the damage that has arisen and replaced by the customer. The customer is then obliged to pay 90% of the contractually agreed price for overnight stays without breakfast. The customer is free to prove that no damage was incurredOr the damage caused by the apartment is lower than the required flat rate.
V. Resignation of the apartment
1. If a right of withdrawal from the customer was agreed in writing within a certain period of time, the apartment is entitled to withdraw from the contract during this period if inquiries from other customers are available for the contractually booked rooms and the customer does not refrain from returning the apartment on request. This applies accordingly if an option is granted.
2. If an agreed advance payment is not made even after a reasonable grace period set by the apartment, the apartment is also entitled to withdraw from the contract.
3. Furthermore, the apartment is entitled to withdraw from the contract for a factually justified reason, for example if force majeure or other circumstances not to be represented by the apartment.make impossible; Apartment services are booked with misleading or incorrect information from essential facts, e.g. in the person of the customer or the purpose; The apartment based on the assumption that the use of the apartment performance can endanger the smooth business, the security or reputation of the apartment in public without being attributed to the area of rule or organization of the apartment; There is a violation of the area of validity paragraph 2.
4. The apartment must immediately inform the customer of exercising the right of withdrawal.
5. The apartment can prevent or cancel non -approved interviews, sales and similar events.6. If the apartment is entitled to resign or prevent an unauthorized event in accordance with the above No. 5, the customer does not arise for compensation.
VI. Provision of rooms, handover and return
1.The customer does not acquire a claim to the provision of certain rooms.
2. Booked rooms are available to the customer from 3:00 p.m. of the agreed arrival day. The customer is not entitled to previous provision. Unless expressly agreed a later arrival time or the room was paid for in front of it, the apartment has the right to assign booked rooms after 10:00 p.m. without the customer being able to derive a claim against the apartment. Clause IV claims from this regulation remain unaffected.
3. On the agreed day of departure, the rooms must be made available to the apartment at 9:00 a.m. at the latest. According to this, the apartment can charge the resulting damage for the additional use of the room by 6 p.m. 50% of the full logis price (list price), from 6 p.m. 100%. This does not justify contractual claims by the customer. The customer is freeto prove to the apartment that this has occurred no or much lower damage.
VII. Liability of the apartment
1. The apartment is liable for his obligations from the apartment contract with the care of a proper merchant. Claims for compensation are excluded. This does not apply to damage from the violation of life, body or health, if the apartment is responsible for breach of duty, other damage based on an intentional or grossly negligent breach of duty of the apartment is based on a intentionally or grossly negligent violation of contractual obligations of the apartment. A breach of duty by the apartment is equivalent to that of a representative or vicarious agent. If disruptions or defects occur in the services of the apartment, the apartment will endeavor to remedy if you know or on the customer's immediate complaintcare for. The customer is obliged to contribute the reasonable in order to remedy the disorder and keep possible damage.
2. For things brought in, the apartment is liable to the customer according to the legal provisions, which is up to a hundred times the room price, at most EUR 3,500, and for money, securities and valuables up to EUR 800. Money, securities and valuables can be kept up to a maximum value in accordance with the insurance sum of the apartment in the apartment. The apartment recommends using this option. Liability claims expire if the customer does not report to the apartment immediately after the knowledge of loss, destruction or damage (§ 703 BGB). Liability only arises if the rooms or event rooms in which the objects were left were closed.
3. Insofar as the customer has a parking space in an apartment parking lot, also against fee,is made available, no custody contract is concluded. When lost or damaged on the apartment plot of parked or maneuvered motor vehicles and their content, the apartment is not liable, except for intent or gross negligence. This also applies to vicarious agents of the apartment.
4. Purpose orders are carried out by the apartment with the greatest care. Liability is not accepted. News, post and goods are treated with care. The apartment assumes the delivery, storage and - on request - against remuneration. The above No. 1 sentence 2 to 4 apply accordingly.
5. Recailed things are only sent on request, risk and costs of the customer. The apartment keeps the things for three months, after which you will be handed over to the local lost property office if there is a recognizable value. If there is no recognizable value, the apartment retains aDestruction.
VIII. Final provisions
1. Changes or additions to the contract, the application for the application or these terms and conditions for the apartment reception should be made in writing. One -sided changes or additions by the customer are ineffective.
2. Fulfillment and payment location is the seat of the apartment.
3. exclusive place of jurisdiction - also for check and alternating disputes - is the seat of the apartment Lea in commercial traffic. If a contractual partner meets the prerequisite of Section 38 (1) ZPO and has no general place of jurisdiction in Germany, Zadar Croatia is considered the place of jurisdiction.
4. Croatian law applies. The application of the UN sales law and collision law is excluded.
5. If individual provisions of these general terms and conditions are or become ineffective or void for the apartment recording, this does not affect the effectiveness of the other provisions. Incidentally, the legal Regulations.
