GENERAL TERMS AND CONDITIONS OF 40FEET GMBH / LUXSTAY
These general terms and conditions (GTC) apply to all services that 40feet GmbH provides to the guest, the organizer and other contractual partners (hereinafter referred to as “contractual partners”). The services include, in particular, the provision of rooms for accommodation against payment / rental, common lounges, the sale of food and beverages (F&B), the organization of cultural and sporting events and other programs, special health-promoting measures or comparable offers as well as for all related offers further services and deliveries from 40feet GmbH. 40feet GmbH is entitled to perform its services through third parties.
These terms and conditions apply to all types of contract such as accommodation, accommodation, package travel, contingent or event contracts that are concluded with 40feet GmbH. The terms and conditions also apply to all future business with the contractual partner.
The contractual partner's terms and conditions do not apply, even if 40feet GmbH does not expressly contradict them. Counter-confirmations by the contractual partner with reference to its terms and conditions are hereby rejected.
2) Conclusion of the contract
The respective contract is generally concluded after an oral or written application by the contractual partner and through acceptance by 40feet GmbH. 40feet GmbH is free to accept the application in writing, orally, in text form (e-mail, fax) or conclusively by providing the service.
If the contractual partner concludes a so-called contingent contract, the contractual partner is liable for all damage culpably caused by the end user.
The subletting or re-letting or the free use of the leased rooms by third parties as well as the use for purposes other than accommodation is only permitted if 40feet GmbH / Luxstay expressly permits this. 40feet GmbH / Luxstay can, at its own discretion, issue a written exception on request.
If the reservation was made by third parties, they are liable to 40feet GmbH, together with the contractual partner, for all obligations arising from the amount of accommodation.
3) Use of the room, handover, departure
The rooms are made available exclusively for accommodation purposes.
The contractual partner is liable to 40feet GmbH for all damage caused by him or by third parties who receive the services from 40feet GmbH at his request.
40feet GmbH is obliged to keep a room booked by the contractual partner available and to provide the agreed services.
The contractual partner has no right to the use of certain rooms. If rooms in the accommodation facility are not available, 40feet GmbH will inform the contractual partner immediately and offer an equivalent replacement in a nearby accommodation of the same category. If the contractual partner refuses, 40feet GmbH must immediately reimburse the services provided by the contractual partner. 40feet GmbH has the right to access all rooms in the accommodation facility in order to maintain the correctness of the occupancy and cleanliness of the rooms.
Booked rooms are available to the contractual partner from 4 p.m. on the day of arrival. Unless otherwise agreed, 40feet GmbH has the right to reassign booked rooms the next day if the contractual partner does not show up, without the contractual partner being able to derive any rights or claims from this.
The rooms must be vacated by 12 noon on the day of departure. Thereafter, 40feet GmbH can charge the daily room price for the additional use of the room up to 4 p.m. in addition to the resulting damage, from 4 p.m. 100% of the full accommodation price (list price).
Long-term contractual partners (guests with more than 30 overnight stays) are required to carry out a room inspection and handover together with an accommodation manager from 40feet GmbH 1 - 2 days before their departure. Otherwise, the statements made by 40feet GmbH about the condition of the rental object on the day of departure are binding.
In order to enable 40feet GmbH to prepare carefully, the contractual partner must inform 40feet GmbH of the final number of participants no later than three days before the start of the event. If the contractual partner notifies a higher number of participants than the agreed number, this higher number of participants will only become part of the contract if 40feet GmbH agrees to this in writing. If 40feet GmbH does not agree in writing, the contractual partner is not entitled to hold the event with a higher number of participants. If 40feet GmbH agrees, the billing is based on the new agreement (possibly with additional expenses). The contractual partner is not entitled to consent. The billing is based on the contractual agreements, regardless of the notification of the number of participants. If fewer participants actually take part in the event, this is irrelevant for billing.
If the agreed time of the start of an event is postponed, 40feet GmbH is entitled to invoice the contractual partner for all additional costs incurred as a result.
Reserved rooms are only available to the contractual partner within the period agreed in writing. Any further use requires the written consent of 40feet GmbH and is generally only granted against additional payment. We reserve the right to make room changes insofar as these are reasonable for the contractual partner, taking into account the interests of 40feet GmbH.
For events that go beyond midnight, 40feet GmbH can charge € 50.00 plus VAT per booked service staff and per hour or part thereof. VAT. Invoice. The contractual partner is liable to 40feet GmbH for additional services to the event participants or to third parties in connection with the event.
The contractual partner must obtain all official approvals at its own expense, unless otherwise expressly agreed in writing. The contractual partner is responsible for compliance with all relevant (regulatory) legal requirements. Charges to be paid to third parties for the event, such as GEMA fees, entertainment tax, etc., are to be paid immediately to the creditor by the contractual partner.
The contract partner is liable for the behavior of his employees, event participants and other auxiliary staff as well as for his own behavior. 40feet GmbH can demand the provision of appropriate securities (e.g. insurance, deposits, guarantees) from the contractual partner. In order to prevent damage, the attachment and installation of decorative material or other objects must be coordinated with 40feet GmbH in advance. Exhibition and other items brought along are to be removed after the end of the event. If the contractual partner does not comply with this regulation, 40feet GmbH has the right to remove it and store it for a fee. Transport packaging, outer packaging and all other packaging materials brought in must be disposed of by the contractual partner at its own expense. Disposal can be made for a fee if the contractual partner leaves the packaging behind after the end of the event. All items brought in during the event, such as decorative material, etc. must comply with all relevant regulatory requirements.
40feet GmbH does not provide insurance cover for items brought in. It is the sole responsibility of the contractual partner to take out the necessary insurance.
Faults or defects in equipment made available by 40feet GmbH will be eliminated as far as this is possible for 40feet GmbH. The contractual partner cannot derive any claims in this context.
If the contractual partner brings in their own electrical systems, the accommodation management's approval is required before connection to the power grid. The resulting electricity consumption is calculated according to the applicable supply and work prices as charged by the utility company to 40feet GmbH. 40feet GmbH is free to collect and charge a flat rate. Malfunctions or defects in the technical systems of 40feet GmbH caused by connection are at the expense of the contractual partner.
If 40feet GmbH procures technical or other equipment from third parties for the contractual partner, 40feet GmbH acts in the name and for the account of the contractual partner; he is liable for the careful handling and proper return of these facilities and releases 40feet GmbH from third parties upon first written request. A liability of 40feet GmbH due to late procurement or a deficiency of the procured equipment is excluded. The contracting party is generally not allowed to bring food and drinks to the events. In special cases (eg national specialties etc.) a written agreement can be made about this; in these cases, a general cost fee will be charged, deducting the proportionate cost of goods.
Newspaper advertisements that contain invitations to job interviews or sales events generally require the prior written consent of 40feet GmbH. If publication takes place without consent, 40feet GmbH has the right to cancel the event. Any type of advertising, information, invitations that reference 40feet GmbH, in particular by using the name, requires the prior written consent of 40feet GmbH.
5) Provision of services, prices, payments, offsetting and assignment
The prices of the respective services are based on the 40feet GmbH price list valid at the time the service is provided. All prices include the z. Currently valid sales tax. The prices do not include public taxes such as visitor's tax, cultural promotion taxes (so-called "bed tax") and others. The contractual partner must also bear the above-mentioned duties. The respective amounts will be invoiced to him separately. Increases in sales tax are at the expense of the contractual partner. If the period between the conclusion of the contract and the first contractual performance exceeds 120 days, 40feet GmbH has the right to increase prices up to a maximum of 15%. Subsequent changes to the services can lead to changes in prices. 40feet GmbH is entitled to demand an advance payment or security deposit of up to 100% of the total payment obligation of the contractual partner from the contractual partner upon conclusion of the contract. The amount of the advance payment and the payment dates can be specified in the contract.
If the contractual partner has booked within a period of time during which a trade fair, a major event or other event is taking place and if such an event is postponed after conclusion of the contract for reasons for which 40feet GmbH is not responsible, this contract applies to the new period if 40feet GmbH is able to fulfill the agreed services at this point in time. It will inform the contractual partner within a reasonable period of time whether 40feet GmbH can fulfill its obligation to perform. If the service is not possible, especially if the booked rooms have already been rented to third parties for the new period, the parties can withdraw from the contract without giving reasons. The assertion of claims against the other party is excluded. This does not apply to services already granted. These are to be reimbursed or remunerated.
The price list can be updated continuously. The updated prices replace the previously valid prices and become part of this contract. The contractual partner will be informed of the update in writing at least 1 month in advance. In the event of a price increase, the contractual partner has, in addition to the reasons for termination mentioned under § 8, an extraordinary right of termination at the beginning of the prospective increase. This extraordinary right of termination must be declared in writing no later than 1 week before the start of the increase. The receipt at 40feet GmbH counts for the timeliness of the termination.
The payment claim of 40feet GmbH is due immediately after receipt of the respective invoice without deduction. An invoice is deemed to have been received by the invoice recipient no later than 3 days after it has been sent, unless earlier receipt can be proven. In the event of default in payment, the statutory rules apply.
The creation of a total invoice does not release you from the timely payment of the individual invoices. A delay in payment of even just one individual invoice entitles 40feet GmbH to withhold all further and future services and to make the fulfillment of the services dependent on a security deposit of up to 100% of the outstanding payment.
A reminder fee of € 10.00 is owed for each reminder. Invoices are to be paid immediately in cash or by credit card. 40feet GmbH is entitled to reject foreign currency, checks and credit cards. Vouchers from tour operators are only accepted if there is a credit agreement with the company concerned or if appropriate advance payments have been made. A reimbursement of unused services is excluded.
The contractual partner can only offset a claim from 40feet GmbH if his claim is undisputed or has been legally established. This applies analogously to the exercise of a right of retention due to the contractual partner's own claims. Claims and other rights may only be assigned with the written consent of 40feet GmbH.
If the contractual partner uses a credit card to pay for products 40feet GmbH with an advance payment obligation (e.g. general orders with advance payment or guaranteed booking) without physically presenting it (e.g. via telephone, internet, etc.), the contractual partner is not entitled in relation to 40feet GmbH to revoke this charge to his credit card company.
6) Data protection exchange
The contractual partner is hereby informed in accordance with Section 33 BDSG and Section 3 TDDSG that 40feet GmbH will process its inventory data (name / address / period and length of stay) in machine-readable form and only for tasks that result from the contract . 40feet GmbH is entitled to disclose contractual partner data if this is necessary to ensure operation (state authorities).
7) Service cancellation / service reduction
Reservations made by the contractual partner are binding for both contractual partners. In the event of cancellation or reduction by the contractual partner, the latter has to pay the following compensation:
No compensation for damages if the written cancellation or reduction is received by 40feet GmbH up to (and including) 30 days before the start of the service period
Compensation i. H .v. 25% of the value of the ordered services if 40feet GmbH receives the written cancellation or reduction between 29 and 15 days before the start of the service period.
Compensation i. H. v. 50% of the value of the services ordered if the written cancellation or reduction is received by 40feet GmbH 14 and 5 days before the start of the service period.
Compensation i. H. v. 80% of the value of the services ordered if the written cancellation or reduction is received by 40feet GmbH less than 5 days before the start of the service period.
In the case of a rental contract that has been concluded for a rental period of 30 days or more, the contractual partner's right of withdrawal is excluded. However, ordinary termination can be recognized within the contractually agreed notice period of four weeks. The contractual partner is entitled to provide evidence that the damage to 40feet GmbH is not given or is less.
If 40feet GmbH can otherwise provide the canceled service to third parties in the agreed period, the contractual partner's compensation shall be reduced by the amount that these third parties pay for the canceled service, but no more than until the total compensation is no longer applicable. Until the arrival, the contract partner can demand that a third party takes over the rights and obligations from the contract instead. 40feet GmbH can object to the entry of the third party if there are reasons in his person that stand in the way of a rental. If a third party enters into the contract, he and the contractual partner of 40feet GmbH are jointly and severally liable for the agreed price and the additional costs arising from the entry of the third party.
8) Withdrawal / termination by 40feet GmbH
According to the statutory provisions, 40feet GmbH is entitled to withdraw from the contract (§ 323 BGB) or to terminate the contract (§ 314) if the contractual partner does not provide a due service, the fulfillment of the contract due to force majeure, strike or other 40feet GmbH The contract partner makes misleading or false information about essential data impossible. 40feet GmbH has justified cause to assume that the use of the accommodation service can endanger the smooth business operations, the security or the reputation of 40feet GmbH in public.
40feet GmbH must inform the contractual partner in writing of the exercise of the withdrawal / termination immediately, at the latest within 14 days after the reason becomes known. Cancellation of the contract by 40feet GmbH does not give rise to any claims by the contractual partner for damages or other compensation payments. 40feet GmbH's claim for compensation for any damage it incurs and the expenses it incurs remains unaffected in the event that the contract is justified.
9) Liability 40feet GmbH, items brought in, statute of limitations
40feet GmbH is liable for the diligence of a prudent businessman and for all legal and contractual claims only in the case of willful or grossly negligent behavior. As an exception, 40feet GmbH is liable for slight negligence in the event of damage,
which are based on the violation of essential contractual obligations. In these cases, liability is limited to the foreseeable damage typical of the contract due to injury to life, limb or health.
40feet GmbH accepts no liability for consequential or indirect damage. 40feet GmbH is not liable for consequential damage, indirect damage or unforeseen, unavoidable and extraordinary service disruptions due to force majeure. Cases of force majeure are those that are beyond 40feet GmbH's sphere of influence, such as natural disasters, public unrest.
Exclusions and limitations of liability apply equally in favor of all companies used by 40feet GmbH, their subcontractors and vicarious agents to fulfill their contractual obligations. They do not apply if 40feet GmbH assumes a guarantee for the quality of a thing or a work or in the case of fraudulently concealed errors.
The contractual partner is obliged to report any recognizable defects to the accommodation facility immediately, at the latest on departure.
The statutory provisions of §§ 701 ff BGB apply to items brought in by the contractual partner.
Items left behind by the contractual partner / overnight guest will only be forwarded on request, at the risk and expense of the contractual partner. 40feet GmbH stores the items for 12 months and calculates an appropriate cash payment for them. After that, the items will be handed over to the local lost property office, provided they have a recognizable value.
All claims of the contractual partner against 40feet GmbH from or in connection with the contract expire after one year, beginning at the end of the year in which the claim arose and the contractual partner became aware of the circumstances giving rise to the claim or should have become aware of them without gross negligence .
10) Additional provisions for package travel contracts
If 40feet GmbH is obliged to provide room and board in the organization of a leisure program as a paid personal contribution, this constitutes a so-called package travel contract
Due to changes, deviations or reductions in individual services within the framework of a package tour contract, which become necessary after the conclusion of the contract, the contractual partner cannot assert any claims if they are only insignificant.
If the contractual partner does not use the agreed and made available services, a reduction or reimbursement of the total fee is not possible.
40feet GmbH is not liable for damage suffered by the contractual partner when using a special service from a third party. The contractual partner is referred to the enforcement of his claims against the respective organizer of the special service.
11) Place of fulfillment and payment, place of jurisdiction, subsidiary agreements, partial ineffectiveness
The place of fulfillment and payment for both sides is the seat of the respective company of 40feet GmbH
German law applies exclusively. The application of the UN sales law or international private law is expressly excluded.
The exclusive place of jurisdiction is the seat of 40feet GmbH.
Should individual provisions of the contract, including these terms and conditions, be ineffective, this shall not affect the effectiveness of the remaining provisions. The parties will immediately replace the ineffective provisions with effective provisions that come as close as possible to the intended purpose and economic significance. The same applies in the event that there are loopholes in the contract.
Frankfurt am Main in July 2017