These General Terms and Conditions apply to all contracts between the guest and the Wiesental Vermietungs GmbH, Lörracherstrasse 14a, 79541 Lörrach as the operating company of the Boardinghouse Lörrach Schopfheim (hereafter "Boardinghouse") over the rental of rooms for accommodation as well as for all other services and deliveries provided to the guest by the Boardinghouse.
2. Conclusion of accommodation contract, fair dates
2.1 The accommodation contract is concluded by the guest submitting a request (room booking or reservation), which is accepted by the Boardinghouse. Acceptance is confirmed by the Boardinghouse. The confirmation may be given in particular verbally, in writing, by telephone and/or by email. The accommodation contract is binding for both contracting parties.
2.2 If the room booking or reservation for the guest is made by the declaration of a third party, the latter is jointly and severally liable with the guest as joint debtor for all obligations arising from the accommodation contract.
2.3 There is no entitlement to the use of accommodation services in a particular room, unless the Boardinghouse has assured this in writing. The Boardinghouse reserves the right to offer any reserved room(s) for which no guaranteed reservation is made in accordance with Par. 3 to third parties.
2.4 The resale/rental and/or the transfer of booked rooms requires the prior written approval of the boardinghouse. Use of the room for a purpose other than the purpose of the accommodation is expressly forbidden.
2.5 The fair dates acc. to these terms and conditions shall be those on which at least one of the following fairs takes place: Baselworld, Art Basel, Swissbau.
3. Guaranteed reservations
A guaranteed reservation is made if the guest confirms the accommodation service by paying in advance the amount of 80% of the contractually agreed price for overnight stays outside the fair time and 90% of the contractually agreed price for overnight stays within the fair dates.
4. Use of reserved rooms
4.1 Rooms are available at any time after 3 pm. Check-out: it is necessary to leave the rooms no later than 11 am. If the room is not vacated by 11:00 am on the day of departure, the Boardinghouse is entitled to charge an additional overnight stay.
4.2 If the reserved room is a multi-bed room, the guest is obligated to communicate the exact allocation of each bed per night to the Boardinghouse.
The final cleaning of the room is included in the price and refers to the usual use. If the room shows a pollution on return, which exceeds the amount of pollution of a normal use of the room, a special cleaning flat rate of EUR 150.00 will be charged by the Boardinghouse.
6. Inventory, concierge service, key loss
6.1 In the case of damage to the inventory during the stay, the guest is obliged to reimburse the costs for the repair or new acquisition of the inventory (damages). Further claims are reserved.
6.2 The house maintenance service, if needed, will be charged between 8 pm and 8 am at the rate of 30,00 EUR per hour.
6.3 In the case of the loss of the key caused by the guest a fee of EUR 150.00 will be charged for the exchange of the lock.
7.1 The total oft he booked accommodation service shall be paid in advance by the guest, at the latest on arrival at the Boardinghouse.
7.2 If the prepayment required under point 4.1. is not made at the latest at arrival, the Boardinghouse is not obliged to provide the reserved room(s).
8.1 In the case of the guest's resignation from the room booking or reservation (regardless of whether it is a guaranteed reservation), the Boardinghouse is entitled to charge a reasonable compensation.
8.2 The Boardinghouse has the option to charge the guest a flate reimbursement fee instead of a concrete calculated compensation. The cancellation fee is 80% of the contractually agreed price for overnight stays outside the fair dates and 90% of the contractually agreed price for overnight stays within the fair dates. The guest is free to prove that the Boardinghouse is not harmed or the damage to the Boardinghouse is lower than the required compensation fee.
8.3 If the Boardinghouse calculates concrete calculated compensation, the amount of the compensation will not be higher than the amount of the contractually agreed price for the service to be provided by the Boardinghouse, deducting the value of the expenses saved by the Boardinghouse, as well as any fees the Boardinghouse acquires through other uses of the free capacities.
8.4 The before mentioned rules regarding the compensation apply accordingly, if the guest does not use the booked room or the booked services, without informing the Boardinghouse upfront („No show“).
8.5 The guest must declare the rescission in text form.
9. Boardinghouse’s withdrawal right
9.1 A right of withdrawal for good cause exists, in particular, if
• Force majeure or other circumstances beyond the control of the Boardinghouse render the fulfillment of the contract impossible;
• Rooms are reserved under misleading or false indication of essential facts in regard of the person of the guest or the purpose of the booking;
• The Boardinghouse has reasons to believe that the use of the accommodation services may jeopardize the smooth and lawful operation, security or reputation of the Boardinghouse in the public without these reasons being attributable to the Boardinghouse;
• Unauthorized resale/rental and/or the transfer of booked rooms in accordance with section 2.3;
• The House Rules are violated;
• The Boardinghouse is aware of circumstances that the guest's financial circumstances deteriorated significantly after the conclusion of the contract, in particular if the guest does not compensate for the debts due to the Boardinghouse, or does not provide adequate security and therefore the payment claims of the Boardinghouse are at risk;
• The guest files for insolvency proceedings against his assets, issued an affidavit acc. to Par. 807 of the Code of Civil Procedure, initiated an out-of-court debt settlement procedure, or ceased payments;
• Insolvency proceedings on the property of the guest are opened or the opening of the guest is rejected for lack of mass or for other reasons.
9.2 The Boardinghouse must immediately notify the guest in text form of the exercise of the right of rescission.
9.3 In the aforementioned cases of rescission, the guest is not entitled to compensation for damages.
10.1 The Boardinghouse is liable in cases of intent or gross negligence according to the legal regulations. The Boardinghouse is liable for slight negligence solely in cases of injury to life, body or health or because of the violation of essential contractual obligations. The claim for damages for the slightly negligent violation of essential contractual obligations, however, is limited to the damage which is contract typical and foreseeable, provided there is no liability for injury to life, body or health. The organizer is liable to the same extent for the fault of the vicarious agents and representatives.
10.2 If a car parking space is provided to the guest, there is no obligation of the Boardinghouse to monitor, unless this has been agreed individually in writing in a custody agreement. Boardinghouse is not liable for damages, for which solely other tenants or other third persons are responsible for.
10.3 Should faults or deficiencies occur in the services of the Boardinghouse, the Boardinghouse will be endeavored to remedy the situation as soon as it is aware of, or if the guest's immediate complaint is made. The guest is obligated to contribute reasonable actions, in order to remedy the disturbance and to keep any damage as low as possible. Furthermore, the guest is obligated to report to the Boardinghouse as early as possible a possibly arising exceptional damage.
10.4 The Boardinghouse shall be liable for all items submitted in accordance with the legal provisions (see Par. 701 ff. BGB). According to Par. 702 BGB, liability is limited to a hundred times the room price (from EUR 600 to a maximum of EUR 3,500) and for money, securities and valuables to a maximum of EUR 800.
10.5 The claim expires if the guest does not immediately notify the Boardinghouse immediately after gaining knowledge of the loss, destruction or damage to the object (Par. 703 BGB). The statutory provisions apply to unlimited liability.
11. Use of an Internet access via WLAN/Wi-Fi
11.1 The Boardinghouse provides a wireless Internet access (WLAN). This offers to the guest the opportunity to use the Internet access via WLAN for the duration of his stay. The Boardinghouse shall not undertake any liability whatsoever with respect to the actual availability, suitability or reliability of this Internet connection for a specific purpose, also in terms of volume. The Boardinghouse is entitled at all times to limit the access of the guest in full, part or time, or to completely exclude him from further use. The Boardinghouse reserves the right to block access to certain pages or services at any time via the WLAN at its own discretion.
11.2 The Boardinghouse provides the guest with access data. These access data may not be passed on to third parties. The guest will keep the access data confidential.
11.3 Security measures such as virus protection or firewall does not provide the Boardinghouse. The traffic generated using the WLAN uses a WPA2 encryption so that the misuse of third parties is largely excluded and the data can not be viewed by a third party. The retrieved content is not subject to review by the Boardinghouse. The use of the WLAN is at the own risk of the guest. The Boardinghouse accepts no liability for damage to the devices or data of the guest caused by the use of the WLAN, unless the damage was caused intentionally or through gross negligence by the Boardinghouse and/or its vicarious agents.
11.4 The guest is obligated to comply with applicable law when using the WLAN. Specifically, the guest
• Does not reproduce, distribute and/or make publicly accessible any copyrighted work; in particular in connection with the upload and download of file sharing programs or similar offers;
• The WLAN is not used to retrieve or disseminate moral or illegal content;
• Observes the applicable rules on the protection of minors;
• Will not distribute disseminating, defamatory, or threatening content;
• Will not use the WLAN for illegal advertising (eg spam).
11.5 The guest indemnifies the Boardinghouse from any and all damages and claims of third parties, which are attributable to the unlawful use of the WLAN by the guest and/or to a breach of these terms and conditions. This exemption also covers the costs and expenses associated with the claim or defense.
11.6 The guest agrees with the use of the WLAN that every use of the WLAN provided by the Boardinghouse with the IP address, MAC address, date and duration is documented and archived in order to keep the Boardinghouse as harmless as possible, which guest at which time used the WLAN.
12. Food and drinks
In the public areas - with the exception of the community kitchen - the consumption of food and drink is prohibited. In the rooms the preparation of food is prohibited, as far as these are not equipped with their own kitchen.
13. Smoking at Boardinghouse
The Boardinghouse is a non-smoking house. It is therefore forbidden to smoke in the public areas as well as in the guest rooms. In the event of an infringement, the Boardinghouse reserves the right to charge the guest the sum of EUR 50.00 as a compensation for the separately incurred cleaning costs, including any possible loss of sales resulting from a rental of the room not possible. This compensation amount shall be higher or lower if the Boardinghouse proves a higher or the guest a lower damage.
Bringing a pet requires the consent of the Boardinghouse. If the Boardinghouse agrees to bring the pet, this is expressly made under the condition that the pet is under the permanent supervision of the guest, as well as free from illness and also does not pose any threat to Boardinghouse staff or Boardinghouse personnel. A pet fee of EUR 5,00 per night will be charged. Exceptions are blind, deaf and other comparable service dogs. These may be carried free of charge and at any time.
15. Dispute resolution at consumer arbitration board
The Boardinghouse does not undertake to participate in dispute resolution proceedings at a consumer arbitration board.
16. Final provisions
Amendments and additions to the contract and/or the general terms and conditions shall be made in text form. Unilateral changes or additions by the guest are ineffective. Jurisdiction for all disputes arising between the parties arising from the contractual relationship shall be Lörrach, as long as the contractual partner of the Boardinghouse is a merchant, a legal person of public law or a public special fund. German Law shall apply.