I. Scope and preliminary remark
1. The legal entity named in the context of the reservation (hereinafter referred to as “ML”) rents the agreed apartment in the agreed room category and with the agreed furnishings (hereinafter referred to as “apartment”) to the guest (hereinafter referred to as “guest”) for the agreed length of stay . These general terms and conditions of business and reservations (hereinafter referred to as “GTC”) apply to accommodation contracts for the rental of hotel rooms/apartments and all other services provided to the guest in this context.
2. These GTC apply exclusively. The guest's general terms and conditions of business and reservation do not apply unless this has been expressly agreed in writing beforehand.
3. References to numbers are always made to these General Terms and Conditions, unless expressly stated otherwise.
4. The masculine form is used to make personal designations and personal words easier to read. However, these terms apply to all genders.
II. Conclusion of contract
1. By reserving an apartment, the guest offers ML the conclusion of an accommodation contract. ML can refuse to enter into an accommodation contract at its own discretion. The accommodation contract between ML and the guest comes into effect when the ML reservation number is received by the guest or when the access code (see section IV.1.) is handed over or transmitted to the guest - whichever occurs earlier. The ML reservation number will be communicated to the guest via email or telephone. The guest is advised that reservation numbers received from third parties (e.g. from online booking portals for apartments) are not identical to ML's reservation number.
2. Offers from ML to conclude an accommodation contract are subject to change and non-binding as long as no ML reservation number has been received by the guest.
3. The guest has no entitlement to the provision of a specific apartment or to the fulfillment of special requests that go beyond the provision of an apartment of the booked room category or equipment. In addition, there is no entitlement to the provision of a parking space.
III. Reservation, rates, cancellation, non-occupation of the apartment
1. ML offers two (2) types of rates: Standard rate:
Highest flexibility; Free cancellation up to 10 days before arrival
Flex rate: Can be canceled up to five (5) days before the day of arrival, free of charge
2. The following term "cancellation" means withdrawal from the accommodation contract. Sections 3 to 5 below explain the circumstances under which it is possible to cancel the booked apartment. With regard to all unlawful/timely cancellations by the guest and all cancellations by ML, unless otherwise expressly agreed in these GTC: the guest remains obliged to pay the overnight price for the entire booking period if the ordered apartment is canceled. The following term "arrival day" means the first day of the booking period. The following term "departure day" is the corresponding last day of the booking period.
3. Regarding the standard rate:
A cancellation or rebooking is only possible ten (10) days before the day of arrival, free of charge.
4. The following applies to the flex rate: cancellation or rebooking is possible free of charge five (5) days before the day of arrival. However, free cancellation is no longer possible once the guest has checked in and received the access data for the booked apartment.
5. For the cancellation of group trips/travel groups and reservations during trade fairs and events, the provisions in Sections VIII. and IX. contained special conditions.
IV. Arrival and Departure
1. ML makes the apartment available to the guest in the agreed room category or equipment on the day of arrival from 3:00 p.m. If the guest has booked the “early check-in”, the booked apartment is available to him at 1 p.m. on the day of arrival. The guest is not entitled to an earlier availability of the apartment. To access the apartment, the guest receives a six-digit access code upon check-in.
2. On the day of departure, the guest must vacate the apartment by 11:00 a.m. at the latest and return it undamaged. If the guest has booked the "Late Check-Out", he must vacate his apartment by 12:30 p.m. at the latest and return it undamaged.
In the event of a late check-out, ML can charge the guest the overnight price of the previous day less 10% for saved expenses due to the late vacating of the apartment for its contractual use. In any case, the guest is free to prove that the expenses saved by ML are higher than 10% of the overnight price.
V. Terms of Use
1. The maximum occupancy for the respective room category may not be exceeded. Children and babies count as adults, in particular because of the fire protection regulations to be observed.
2. The resale, subletting or brokering of booked apartments, in particular via platforms such as "Airbnb", is prohibited unless the guest and ML have expressly agreed otherwise in writing. The number of people staying in the rented apartment may not exceed the number of people staying overnight specified in the reservation. In the event of a culpable violation by the guest of the aforementioned regulations in this clause V. 2., ML is entitled to cancel the accommodation contract and to demand payment of a contractual penalty of EUR 500.00 from the guest. In addition, ML expressly reserves the right to claim damages, in which case the contractual penalty will be offset against the damages accordingly.
3. During his stay in the apartment, the guest must observe and follow the house rules posted there.
4. It is forbidden to consume tobacco products (particularly cigarettes, cigars, pipes and shisha) as well as tobacco or smoking substitute products (particularly e-cigarettes) in the apartments. In the event of culpable infringement, ML is free to charge the guest for the (basic) cleaning costs for eliminating the consequences of the unauthorized consumption or a flat-rate fee for additional cleaning costs of EUR 100.00 ("flat-rate compensation"). The guest is free to prove that the cleaning costs actually incurred are lower than the flat-rate compensation. If the damage actually incurred exceeds the above flat rate, ML is entitled to demand the difference from the guest.
VI. Accommodation prices and prices for additional services
1. The accommodation price to be paid by the guest is the consideration for the provision of the apartment by ML during the period of stay. A full overnight price will be charged for each overnight stay - regardless of the actual use or overnight stay by the guest - if necessary less saved expenses, unless otherwise regulated in these General Terms and Conditions. If the guest or his fellow travelers make use of other hotel services (e.g. coffee package, accommodation of pets, etc.), the guest must pay the respective price for these services in addition to the overnight price.
2. The prices agreed at the time the contract was concluded apply. ML has the right to increase the prices appropriately up to 20 days before the day of arrival, but by no more than 15%, if there are more than four (4) months between the time of the reservation by the guest and the day of arrival. In the event of a price increase of more than 5%, the guest has the right to withdraw free of charge, which he can exercise at the latest within five (5) days after notification of the price increase in text form to ML.
3. The prices or amounts shown in the reservation include the applicable sales tax and all statutory taxes, fees and charges, unless expressly stated otherwise.
VII. Terms of Payment
1. Unless otherwise regulated in these GTC, the following applies to the payment terms: The overnight prices as well as the prices for ancillary services (such as a coffee package, if applicable, fees for pets and all other claims that are not expressly stated in the accommodation contract as part of the overnight price) are to be agreed in advance, but no later than the end of the day on which a free Cancellation is possible for the last time before the day of arrival, or if no free cancellation or change is possible, payment is due immediately, regardless of the date of invoicing. In the event of late payment, ML is entitled to cancel the accommodation contract. Section III.3 Paragraph 2 applies.
2. Without prejudice to Section VII.1. ML is entitled to demand from the guest an advance payment for the accommodation costs up to the amount of the expected total invoice amount or an appropriate security in the form of a deposit by credit card at the time of reservation.
3. ML, through its payment processors (Stripe), accepts PayPal, Apple Pay, debit cards (Maestro, girocard etc.) and the following credit cards: Visa, Mastercard and American Express. Other means of payment are only permitted with the consent of ML.
4. The guest can only assert offsetting and retention rights if the underlying counterclaims are undisputed or have been legally established.
VIII. Liability of ML
1. ML is liable without limitation for damage to life, limb or health for which ML is responsible, as well as for property damage and financial loss caused by ML intentionally or through gross negligence. For property damage and financial losses caused by simple negligence, ML is only liable in the event of a breach of a contractual obligation, but the amount is limited to the damage that was foreseeable and typical for the contract at the time the contract was concluded. Essential contractual obligations are those that make the proper execution of the contract possible in the first place and on the fulfillment of which the guest relies and may rely. A breach of duty by ML is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise regulated in this Section X. Claim bases under data protection law are not covered by this liability regulation.
2. Should disruptions or defects in the services of ML occur, the guest must notify ML or the cleaning staff on site immediately. ML will endeavor to remedy the situation if the guest becomes aware of it or if the guest complains immediately. The guest is obliged to do what is reasonable for him to remedy the disruption and to minimize possible damage.
3. ML is liable to the guest for items brought in according to the statutory provisions (cf. §§ 701 et seq. BGB). In particular, it is pointed out that ML is not liable for the loss, destruction or damage of vehicles (this also includes bicycles), see Section 701, Paragraph 4 of the German Civil Code.
IX. theft and damage
In the event of theft or damage to his or her belongings, as well as in the event of fire, water damage or other damage in the apartment, the guest must inform ML immediately.
X. Pets
Bringing along dogs and cats (hereinafter referred to as “pets”) requires prior notification by the guest; For other animals, ML must be asked for the exact species name, whereby ML can refuse approval in all cases at any time and without giving reasons. A maximum of two pets can be brought per booked room. An additional fee must be paid for each animal and pet you bring with you, the amount of which ML will inform the guest about when they report it. Guide dogs, deaf dogs and comparable service dogs on which the guest is demonstrably dependent are exempt from the fee.
XI. Termination of the Accommodation Agreement
1. ML is entitled to cancel the accommodation contract if the guest does not make an advance payment owed by him and/or a deposit owed by him in time or in full. Section III.3 Paragraph 2 applies.
2. ML is entitled to cancel the accommodation contract and, if necessary, to demand compensation if
(i) force majeure or other circumstances for which ML is not responsible make it impossible to fulfill the accommodation contract,
(ii) rooms are booked culpably or because of misleading or false information or the concealment of essential facts (whereby identity, solvency and the purpose of the stay or the fulfillment of the “travel group” feature may be essential in this context),
(iii) ML has reasonable grounds to assume that the implementation of the accommodation contract can jeopardize the smooth business operations, the security or the reputation of the hotel in public, without this being attributable to the control or organizational area of ML or the hotel is,
(iv) the guest is under the influence of illegal substances during their stay in the apartment, uses the apartment for commercial activities with customer traffic or uses the apartment for prostitution or the purpose and/or reason for the stay is illegal,
(v) the guest repeatedly insults, disturbs or otherwise harasses the staff or other hotel guests despite warning,
(vi) the guest sublets/sublets the room without authorization, or
(vii) the guest fails to present a valid identification document upon request at check-in, although this is necessary to protect the legitimate interests of ML (e.g. if there are doubts that the guest is of legal age) and provided that the interests or fundamental rights and freedoms of the person concerned are not affected guest require the protection of their personal data.
3. In the case of Section XIII.2 (i) above, the guest is not obliged to pay the overnight price. With regard to the above clauses XIII.2 (ii) to (vii), clause III.3 paragraph 2 applies.
4. Force majeure within the meaning of Section XIII.2 above. (i) all non-operational events brought about externally by elementary natural forces or by the actions of third parties, which are unforeseeable according to human insight and experience, are not prevented or rendered harmless with economically tolerable means, even with the utmost care that can reasonably be expected under the circumstances and cannot be accepted because of their frequency. This includes war, civil war, war-like conditions, terrorist attacks, civil unrest, riots, strikes, epidemics, pandemics, fire, floods, storm surges or other storms of catastrophic proportions, earthquakes and comparable events. This also includes all circumstances and direct and indirect consequences relating to the existence and spread of the virus SARS-Cov-2 (Covid-19) - "Corona".
XII. Privacy, Minors
The legal entity named in the context of the reservation is responsible for the processing of personal data (“data processing”). The guest can find further information in the data protection notices available on the ML website and as part of the booking process. Minors may not transmit any personal data to ML without the consent of their legal guardian. As part of the conclusion and processing of accommodation contracts, ML does not knowingly process any personal data from minors.
XIII. EU consumer arbitration board
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://www.ec.europa.eu/consumers/odr. ML is currently not participating in the alternative dispute resolution procedures offered there; the online dispute resolution platform can therefore currently not be used by guests of ML. ML is not willing and not obliged to participate in dispute settlement procedures before a consumer arbitration board.
XIV. General Provisions
1. Changes and additions to the accommodation contract or these GTC must be in text form. Unilateral changes or additions by the guest are invalid.
2. Any invalidity of one or more provisions of these General Terms and Conditions does not affect the validity of the remaining provisions.
3. The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.
4. The place of fulfillment and payment as well as the exclusive place of jurisdiction - also for disputes over checks and bills of exchange - is in commercial transactions the registered office of the hotel or, at the discretion of ML, Marburg.
If a guest meets the requirements of § 38 paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is Marburg. However, ML is entitled to bring lawsuits and other legal proceedings pending at the guest's general place of jurisdiction.
Status: 07/13/2023
