General Terms and Conditions
for Apartment Accommodation Contracts with PRIMERA apartments
I. Scope of Applicability
- These Terms and Conditions govern contracts for the rental use of apartments, as well as all other goods and services rendered by PRIMERA Apartments (further in the terms named “boarding house”).
- The prior written consent of the boarding house is required if rooms provided are to be sublet or rented to other parties or used other than for lodging purposes, whereby § 540, para. 1, sentence 2 German Civil Code is waived insofar as the customer is not a consumer.
- The customer’s general terms and conditions shall apply only if these are previously expressly agreed in writing.
II. Conclusion of Contract, Parties, Liability, Statute of Limitations
- The contract shall come into force upon the boarding house’s acceptance of the customer’s application. At its discretion, the boarding house may confirm the room reservation in writing.
- The parties to the contract are the boarding house and the customer. If a third party placed the order on behalf of the customer, then that party shall be liable vis-à-vis the boarding house for all obligations arising from the boarding house accommodation contract as joint and several debtor together with the customer, insofar as the boarding house has a corresponding statement by the third party.
- Any claims against the boarding house shall generally be time-barred one year after the commencement of the general statute of limitations dependent upon knowledge of § 199, I German Civil Code. Damage claims shall be time-barred after five years, independent of knowledge. The reduction of the statute of limitation periods shall not apply for claims which are based on an intentional or grossly negligent breach of obligation by the boarding house.
III. Services, Prices, Payment, Set-Off
- The boarding house is obligated to keep the rooms reserved by the customer available and to render the agreed services.
- The customer is obligated to pay the applicable or agreed boarding house prices for rooms provided and for other services used. This shall also apply to the boarding house’s services and outlays to third parties caused by the customer.
- The agreed prices include applicable value-added tax as required by law. If the period between conclusion and fulfilment of the contract exceeds four months and if the price generally charged by the boarding house for such services increases, then the boarding house may raise the contractually agreed price to a reasonable extent but not, however, by more than 10 %.
- Moreover, the boarding house may change prices if the customer later wishes to make changes in the number of reserved rooms, the boarding house’s services, or the length of guests’ stay, and the boarding house consents to such changes.
- Boarding house invoices not showing a due date are payable and due in full within ten days of receipt. The boarding house shall be entitled at any time to make accumulating accounts receivable payable and due and to demand payment without undue delay. With default of payment, the boarding house shall be entitled to demand the respectively applicable statutory default interest in the amount of currently 8 % or, with legal transactions with a consumer, in the amount of 5 % above the base interest rate. The boarding house reserves the right to prove greater damage.
- The boarding house is entitled to require a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, observing the legal provisions for package tours. The amount of the advance payment and payment dates may be agreed in writing in the contract.
- The customer may only set-off or reduce a claim by the boarding house with a claim which is undisputed or decided with final, res judicata effect.
IV. Repudiation by Customer (Cancellation, Annulment)/Failure to Use Boarding house Services (No Show)
- Cancellation by the customer of the contract concluded with the boarding house requires the boarding house’s written consent. If such is not given, then the price agreed in the contract must be paid even if the customer does not avail himself of the contractual services. This shall not apply with the breach of obligation of the boarding house to take into account the rights, objects of legal protection and interests of the customer, if holding to the contract is no longer reasonable or another statutory or contractual cancellation right exists.
- To the extent the boarding house and customer agreed in writing upon a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the boarding house. The customer’s right of cancellation shall expire if he does not exercise his cancellation right in writing vis-à-vis the boarding house by the agreed date, insofar as no case pursuant to Item IV. Nr. 1, sentence 3 supra exists.
- If rooms are not used by the customer, the boarding house must apply credit for the income from renting the rooms to other parties and also for saved expenses.
- At its discretion, the boarding house may demand the contractually agreed compensation and to make a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay 90 % of the contractually agreed rate for lodging. The customer is at liberty to show that the claim mentioned above was not created or not created in the amount demanded.
- Cancellation costs: If the customer does not use the ordered apartment, arrangement or other variously ordered services, he remains legally obliged to pay the price for the agreed services regardless the reason for the failure to use. Cancellations must always be made in writing! In the case of cancellations of booked apartments, the following will be charged:
Cancellation costs, entitlement to PRIMERA apartments
up to 30 days before planned check-in
free of charge
up to15 days before planned check-in
50% of the booked services
from 14 days before planned check-in
90% of the booked services
Current information on cancellations in connection with the corona virus (COVID-19)
Quarantine measures as force majeure
If the target area (in this case Singen) or the apartment house is officially quarantined or if it is (no longer) accessible, this is a case of force majeure. In this case, the guest is released from his payment obligation (and the apartment house from his obligation to perform).
Apartment cancellation due to illness of the guest (also Corona)
If a cancellation occurs because the guest is ill (including Corona), this does not mean that the apartment house is no longer entitled to payment. The apartment house is still entitled to the agreed accommodation costs, however, saved expenses are deductible (usual for bookings WITHOUT any meals, this is 10%, i.e. 90% of the booked services are payable. We generally recommend taking out travel cancellation insurance, which in such cases bears these costs.
Apartment cancellation due to canceled event (also or especially due to Corona)
The cancellation of an event (trade fair, concert, exhibition, etc.) does not entitle the guest to cancel his booking free of charge. Here, too, the apartment house is entitled to the agreed accommodation costs less deducted expenses. Whether an event takes place or not always falls within the guest’s risk area.
V. Repudiation by Boarding house
- To the extent that a right of cost-free cancellation within a certain period was agreed in writing for the customer, the boarding house is entitled for its part to cancel the contract during that period if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not waive his right of rescission upon inquiry thereof by the boarding house.
- If an agreed advance payment or an advance payment demanded pursuant to Item III, Nr. 6 supra is not made even after a reasonable grace period set by the boarding house has expired, then the boarding house is likewise entitled to cancel the contract.
- Moreover, the boarding house is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause, e.g. if
- force majeure or other circumstances for which the boarding house is not responsible make it impossible to fulfill the contract;
- rooms are reserved with misleading or false information regarding material facts, such as the identity of the customer or the purpose;
- the boarding house has justified cause to believe that use of the boarding house’s services might jeopardize the smooth operation of the boarding house, its security or public reputation, without being attributable to the boarding house’s sphere of control or organization;
- there is a breach of the item: Scope of Applicability I. Nr. 2 supra.
- The customer can derive no right to compensation from justified cancellation by the boarding house.
VI. Room Availability, Delivery and Return
- The customer does not acquire the right to be provided specific rooms.
- Reserved rooms are available to the customer starting at 3:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability.
- Rooms must be vacated and made available to the boarding house no later than 10:00 am on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the boarding house may charge 50 % of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 100 %). The customer is at liberty to show the boarding house that it incurred no or much lesser claim to use damages.
VII. Liability of the Boarding house
- The boarding house is liable to exercise the duty of care of an ordinary merchant with the performance of its obligations arising from the contract. Claims of the customer for reimbursement of damages are precluded except for such which result from injury to life, body or health and the boarding house is responsible for the breach of the obligation, other damage which is caused from an intentional or grossly negligent breach of obligation and damage which is caused from an intentional or negligent breach of obligations of the boarding house which are typical for the contract. A breach of obligation of the boarding house is deemed to be the equivalent to a breach of a statutory representative or employee. Should disruptions or defects in the performance of the boarding house occur, the boarding house shall act to remedy such upon knowledge thereof or upon objection without undue delay by the customer. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage at a minimum.
- The boarding house is liable to the customer for property brought in to the boarding house in accordance with the statutory provisions, i.e., up to one hundred times the room rate, not to exceed Euro 3,500.— and up to Euro 800.—. for cash, securities and valuables. Cash, securities and valuables up to a maximum value will be stored under the insured amount of each boarding house in the boarding house or room safe. The boarding house recommends that guests utilize this possibility. Liability claims expire unless the customer notifies the boarding house immediately after gaining knowledge of the loss, destruction, or damage (§ 703 German Civil Code). With regard to more extensive liability of the boarding house, Nr. 1, sentences 2 to 4 supra shall apply respectively.
- Insofar as a parking space is provided to the customer in the boarding house garage or a boarding house parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. The boarding house assumes no liability for loss of or damage to motor vehicles parked or maneuvered on the boarding house’s property, nor the contents thereof, excepting cases of intent or gross negligence. Nr. 1, sentences 2 to 4 supra shall apply respectively.
- We would like to point out that the apartment house is in the immediate vicinity of the railway lines.
- We accept no liability for lost property. They returned to earth on request only. The boarding house is obliged to store six months ago.
- As far as the boarding house obtains for the guest outside services, technical or other evoking from third parties, it acts on behalf and on behalf of the customer and the customer is liable for the careful handling and proper return of the institution and is the boarding house from all third party claims from the provision of free device.
VIII. Final Provisions
- Amendments and supplements to the contract, the acceptance of applications, or these General Terms and Conditions for Boarding house Accommodation should be made in writing. Unilateral amendments and supplements by the customer are not valid.
- Place of performance and payment is the location of the boarding house’s registered office.
- In the event of dispute, including disputes for checks and bills of exchange, the courts at the location of the boarding house’s registered office shall have exclusive jurisdiction for commercial transactions. Insofar as a contracting party fulfills the requirements of § 38, para. 2 of the German Code of Civil Procedure and does not have a general venue within the country, the courts in Singen/Germany shall have jurisdiction.
- The contract is governed by and shall be construed in accordance with the laws of the Federal Republic of Germany. The application of the UN Convention on the International Sale of Goods and the conflict of laws are precluded.
Version November 2019
PRIMERA Apartments Bahnhofstr. 47a D-78224 Singen
Manager: Ole Petersen
PRIMERA Apartments, a permanent German branch of PRIMERA Management GmbH
Hungerbüelstr. 12b, CH-8500 Frauenfeld
Commercial register Thurgau CHE-112.246.376