General Terms and Conditions
§ 1 Scope
These General Terms and Conditions, as may be amended from time to time, shall apply exclusively to the contractual relationship between Luise5 Boarding House (operator: Dr. Friedrich Betzer), Luisenstr. 5, 69115 Heidelberg, Germany, telephone: +49 (0)6221/6556114, (hereinafter referred to as “Luise5”) and its guests (hereinafter referred to as “guest”). Terms and conditions issued by the guest that differ from these General Terms and Conditions shall not be recognised unless Luise5 has explicitly agreed thereto in writing. If the guest uses the Internet access provided by Luise5 during his stay, the respective terms and conditions of use, which are handed out to the guest together with the access data, shall also apply.
§ 2 Conclusion of contract and availability
(1) The guest may choose the apartments offered by Luise5 for the required period of use. The guest submits a binding booking request by clicking the “Book now” button. The guest may view and alter the details at any time before submitting the booking request. However, the booking request may only be submitted and sent if the guest has accepted these terms and conditions of contract by clicking the button “I accept the General Terms and Conditions of Luise5 Boarding House and of lodgit”, thereby incorporating them into his request.
(2) Luise5 shall thereupon send the guest an automated acknowledgement confirming receipt of the booking request by e-mail, in which the guest’s booking request is laid out in detail and which the guest can print using the “Print” function. The automated acknowledgement does not constitute any acceptance of the booking request, but is an acknowledgement that Luise5 has received the booking request. The contract shall not be deemed binding until Luise5 has sent a separate e-mail containing the declaration of acceptance (booking confirmation). In this e-mail or in a separate e-mail, at the latest upon arrival, the contract wording (consisting of the booking request, the General Terms and Conditions and booking confirmation) is sent or handed to the guest by Luise5 on a permanent data medium (e-mail or printout). The contract wording is saved while ensuring privacy protection.
(3) If a suitable apartment is not available for the required period at the time of booking, Luise5 shall not issue a booking confirmation and, in this case, a contract is not concluded.
§ 3 Prices
All prices quoted on the Luise5 website include the respective prevailing rate of statutory VAT.
§ 4 Modes of payment
(1) When making an online booking, the guest must make the payment by SEPA direct debit mandate only. Payment upon receipt of the invoice can only be made if Luise5 has expressly agreed to this prior to concluding the contract.
(2) In the case of online bookings, the total amount due becomes payable immediately upon receipt of the booking confirmation. The guest must pay the total amount in advance within a specified period immediately after receiving the booking confirmation. If the guest provides suitable collateral, Luise5 may, at its own discretion, agree to later payment.
(3) In the case of bookings made over the phone or by e-mail, the guest may also pay by bank transfer.
(4) In the case of bookings made over the phone or by e-mail, the amount is due as soon as Luise5 has received the declaration of acceptance from the guest (contract conclusion). The guest must pay the total amount in advance within a specified period, but not before the contract is concluded. If the guest provides suitable collateral, Luise5 may, at its own discretion, agree to later payment.
§ 5 Offsetting, rights of retention
(1) Due to the right to call for a price reduction, the guest may offset counterclaims without restriction or exercise a right of retention.
(2) Furthermore, the guest may only offset against claims if his counterclaims are undisputed or have been legally established. Irrespective of paragraph 1, the guest may only exercise the right of retention for counterclaims that are based on the same contractual relationship.
(3) The right to refuse performance pursuant to Section 320 of the German Civil Code (BGB) is unaffected.
§ 6 Liability
(1) Compensation claims on the part of the guest are excluded. Exceptions to these include claims for damages arising from injury to life and limb or health, or from the violation of essential contractual duties (cardinal obligations), as well as liability for other damages based on deliberate or gross negligence by Luise5. Cardinal obligations are those whose performance is necessary to achieve the object of the contract.
(2) In the case of any violation of cardinal obligations, Luise5 shall be liable only for the damages that are typically foreseeable for the contract, provided that these are caused by simple negligence. Exceptions include claims by the guest for damages arising from injury to life and limb or to health.
(3) The restrictions mentioned in paragraphs 1 and 2 also apply in favour of the legal representatives and agents of Luise5 if claims are asserted directly against them.
(4) The provisions of Germany’s Product Liability Law (Produkthaftungsgesetz) are unaffected.
§ 7 Usage
(1) The guest may use the reserved apartment for accommodation purposes only.
(2) In view of the interests of Luise5, all of the guests, and in accordance with the proper management of the boarding house, the guest must obtain the prior consent of Luise5 in the following situations:
- He wishes to sublet his apartment or part of it to third parties in return for payment or free of charge. .
- He wishes to use the apartment or allow the apartment to be used for purposes other than accommodation.
- He wishes to keep a pet.
(3) Luise5 may revoke any consent granted if the conditions attached to it are not met, if other guests are disturbed or the running of the boarding house is disrupted.
§ 8 Upkeep
(1) The guest has a duty to treat his apartment and the rooms, facilities and equipment designated for shared use with care and respect. (2) Should any defects become apparent or if any measures need to be taken to protect the apartment or boarding house against an unforeseen hazard, the guest is obliged to inform Luise5 about this without delay. (3) The guest shall be liable for damages arising from the culpable violation of the obligation incumbent upon him to exercise due care and to report defects if technical equipment and other facilities are treated without due care. In this respect, the guest shall also be liable for persons who stay in his apartment or visit him with his consent. The guest must prove that he is not to blame if it is established that the cause of the damage is in the area demarcated for his use; this does not apply to damage to rooms, facilities and equipment used jointly by more than one guest.
§ 9 House rules
(1) The guest undertakes not to disturb the peace and to be considerate, particularly with regard to other guests.
(2) The house rules displayed in the boarding house shall apply to maintain order and to the use of the communal facilities.
§ 10 Notes on data processing
(1) Luise5 collects data from the guest that is required for concluding the contract. In doing so, Luise5 observes the provisions of the German Federal Data Protection Act (BDSG) and the German Broadcast Media Act (TMG). Unless the guest gives prior consent, Luise5 only collects, processes or uses the guest’s personal data or traffic data insofar as this is needed to fulfil the contractual relationship and for the use and invoicing of teleservices.
(2) Luise5 will not use the guest’s data for the purposes of advertising, market research or opinion polls without his consent.
(3) With regard to the guest’s consent and other information related to data collection, processing and usage, please refer to the privacy statement on the Luise5 website, which you can access at any time in a printable version by clicking the “Data privacy” button.
Last updated: 17/04/2015
* For reasons of legibility, only the male form is used in this document to refer to guests. Of course, the statements apply to both genders equally.
**This English translation of these General Terms and Conditions is provided for guidance purposes only. If any dispute should arise about the interpretation of these provisions, the text of the original German version shall take precedence.
Wi-Fi Terms and Conditions of Use
1. Permission for sharing
(1) Luise5 provides free wireless internet service via LAN/WLAN to our guests for the duration of their stay.
(2) Luise5 reserves the right to render the LAN/WLAN service completely, partially or temporarily inoperable, to admit other co-users, and to limit the guest’s access completely, partially or temporarily. Luise5 also reserves the right to block access to certain websites or internet services via LAN/WLAN (e.g. those subject to charge, or those with violent or pornographic content).
(2) Access Data
Access to the internet is gained by entering username and password. Access data are intended for personal use only; they should be kept secret and may under no circumstances be passed on to third parties. Luise5 reserves the right to change the access code at any time.
(3) Internet Use and Its Risks
(1) The guest is informed that the LAN/WLAN service only provides access to the internet. Virus protection and firewall are not included. Data transmitted and received through this system are unencrypted and can possibly be seen by a third party. Luise5 also informs you of the potential risk of malware such as viruses, Trojans, spyware etc. when using this service.
(2) Use of the Internet service is at the guest’s own risk. Luise5 is in no way liable for damages caused to the guest’s PC while using the service, except in cases of damages caused by intent or gross negligence. The guest is reminded not to open unrequested data or data of unknown source or origin.
(4) Responsibility and Disclaimer
(1) The guest is responsible for all data transferred via LAN/WLAN and liable for all costs resulting from fee-based services or business and legal transactions.
(2) The guest is obliged to observe the following laws and regulations: - the LAN/WLAN may not be used to transmit or receive material or messages that are harmful, libelous, abusive, obscene, unlawful or threatening in any manner or nature. - transmission of copyrighted material and material protected by trade secrets is prohibited. - laws protecting rights of minors must be observed. - transmission of material which is blasphemous, threatening, harassing or in any other manner objectionable, to include potential civil liability are prohibited. - The WLAN may not be used to distribute high volume messages (spam) and data, or any other forms of unauthorized advertising and promotion material.
(3) The use of file-sharing websites, in particular the downloading of music and films is strictly prohibited. The guest disclaims Luise5 from damages or claims by a third party resulting from the guest’s unlawful use of the WLAN/LAN and/or a breach of agreement terms, including costs incurred by claims and counter-claims.
(4) The guest is obliged to report any such observed infringements, or potential violations of the law to Luise5.
(5) Availability, Quality and Reliability of Internet Access
Internet service is provided at guest’s own risk. Luise5 accepts no liability for availability, quality, or relaibility of internet service.
(6) Data Protection
(1) Luise5 collects data of the guest within the framework of the handling of contracts. Luise5 observes in particular the regulations of the Federal Data Protection Act and the Telemedia Act. Without the guest’s consent, Luise5 will only collect, process or use the guest’s inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) Without the guest’s consent, Luise5 will not use the guest’s data for advertising, market or opinion research purposes.
(3) With regard to the guest’s consent and further information on data collection, processing and use, reference is made to the data protection declaration, which can be accessed in printable form at any time on the Luise5 website via the “Data privacy” button.