General
terms and conditions Accommodation/lodging services -
Procurement of Accommodation/lodging services MOWITANIA Wendt & Molitor GbR
1. Procured item MOWITANIA Wendt & Molitor GbR brokers
on behalf of another person sleeping accommodation and further services.
The following conditions of procurement apply solely to the procurement
of accommodation/lodging services.
2. Conclusion of the contract MOWITANIA Wendt & Molitor
GbR does not provide services as covered in article 1 on its own
behalf. Rather it arranges the mentioned services on behalf and
on account of other companies - the so-called service providers.
Hence, a contract is concluded only between the service provider
and the customer/guest.
3. Accommodation/lodging services
3.1. Booking MOWITANIA Wendt & Molitor
GbR offers lodgings on behalf of the service providers via its reservation
system. The specifications in the media of MOWITANIA
Wendt & Molitor GbR depend on details supplied by the service providers
and are processed to the best of our knowledge. MOWITANIA
Wendt & Molitor GbR does not stand security for the accuracy of
the service providers' specifications presented in the media of
MOWITANIA Wendt & Molitor GbR. Offers are strictly
valid as long as they are available at the time of the customer's
request ("as is" and "as available"). MOWITANIA Wendt
& Molitor GbR inquires whether the desired accommodation is available
at the time stated by the customer. The contract of accommodation
is concluded upon receipt of booking with MOWITANIA
Wendt & Molitor GbR (via e-mail, written booking, booking via phone).
Alternative arrangements require a written confirmation. The accommodation
facility is bound to offer the booked lodging for the agreed period
of time. Alternatively it is obliged to award damages to the guest.
The guest is required to pay the agreed price for the duration of
contract.
3.2.
Payment
The customer pays a lump-sum for accommodation and the agent's commission
for handling and procurement to MOWITANIA Wendt &
Molitor GbR as down payment. For the payment of the balance, please
contact the landlord. It can be cash or bank transfer are made.
3.3. Prices
Prices on display in the media become void upon the release of new
offers. The stated charges include VAT and are valid with the exception
of times of fairs or special price periods (such as New Year's Eve,
Love Parade, major Trade Fairs). Should the standard price not apply
at the requested time the customer will be informed prior to the
booking procedure. When the booking is concluded, prices stated
at the time of the customer's enquiry are applicable. The furnishings
presented and displayed in the media depict a guidance level. In
individual cases the furnishing may have changed.
3.4. Arrival after 4 p.m. The booked rooms are strictly reserved for
the customer by the service provider on the day of the arrival until
4 p.m. The guest is requested to inform the landlord/service provider
in case he expects to arrive after 4 p.m. In case of an assured
booking (i.e. down payment or payment in advance) the booked rooms
are kept beyond 4 p.m. until the guest arrives. The same applies
to booking effected on the day of arrival but after 4 p.m. Checkout
please until 11 a.m.
3.5. Variations Basically, it is possible to to deviate from the above
mentioned modalities of arrival, but a written confirmation is requested.
3.6. Cancellation of a contract/ withdrawal of an order The guest may
cancel an order at any time prior to travelling by informing MOWITANIA Wendt & Molitor GbR. The cancellation must be declared
in writing - not via e-mail, but via fax or letter. Free cancellations
are generally possible, regardless of the booking date, as long
as they are received in written form by MOWITANIA
Wendt & Molitor GbR at least 4 weeks prior to the booked day of
arrival. Exceptions are agreed upon in writing directly between
the service provider and the guest immediately after receiving the
booking confirmation. If the guest should cancel an order less than
4 weeks prior to the date of arrival, MOWITANIA Wendt
& Molitor GbR will try to procure the the now available lodgings
elsewhere. If no other customer is found for the booked lodging,
the service provider/landlord may claim damages for non-performance
from the guest in accordance with article 651, German Civil Code.
The cancellation is processed by the landlord/ the accomodation
facility.
If
the landlord/ the accommodation facility does not provide other
terms of cancellation the following regulations apply: The levied
cancellation fees when the customers does not arrive are depending
on the accommodation charges in EURO as followes:
- up to28 days 0 %
- from 27 days 20 %
- from 15 days 40 %
- from 10 days 60 %
- from 5 days 80 %
- from 4 days 100 %
The
due commission fee remains to be paid in any case. The landlord/
the accomodation facility is at liberty to claim further damages
for non-perfomance from the guest, if he/ it proves, that the booked
room which became available by the cancellation could not be rented
out to some one else.
4. Disclaimer MOWITANIA Wendt & Molitor GbR is exclusively
liable for the procurement of the accommodation facilities. The
liability is limited to intent and gross negligence. Liability is
disclaimed for slight negligence. MOWITANIA Wendt
& Molitor GbR is not liable for damages due to an Act of God nor
strikes nor interferences in the communications network.
4.1. Defects with the rented property/ Liability The accommodation facility
answers for all details given in the online catalogue (description
of the appartments/surroundings etc.). Defects must be noted directly
with the landlord immediately upon arrival. Subsequent claims for
damages for not warranted characteristics have to be raised directly
with the landlord. MOWITANIA Wendt & Molitor GbR exclusively
procures on behalf of the accommodation facility and is not liable
for the quality guaranteed by the accommodation facility.
5. Allowance and limitation of claims Claims on the base of non-provision
of services as agreed upon in the contract are to be submitted immediately
and exclusively to the respective service provider (accommodation
facility). The claims become time-barred after six month after provision
of service. 6. Protection of data privacy MOWITANIA
Wendt & Molitor GbR may collect, process and use personal data of
the service provider and its guests, where they are required for
the necessary course of business including its embodiment. Further
it may modify stock data. Posting data are collected, processed
and used by MOWITANIA Wendt & Molitor GbR within the
limits of the law. Storage and forwarding of all posting data are
only effected where desired and/or required. The guest consents
to receive information connected to MOWITANIA Wendt
& Molitor GbR via mail or e-mail to guarantee a comprehensive standard
of information.
7. General information The ineffectualness of single articles of
these terms and conditions do not cause the ineffectualness of the
entire terms and conditions. Berlin is place of jurisdiction, if
the customer is a registered merchant in the commercial register,
a legal person of the public law or separate estate under public
law and the order is part of a business action of his commerce.
Exclusive jurisdiction is not affected by this regulation. The business
relations between guest and service provider and respectively between
guest and MOWITANIA Wendt & Molitor GbR are solely
subject to the Law of the Federal Republic of Germany for domestic
parties to a contract. The Commercial Law of the United Nations
is not implemented. Subsidiary agreements were not arranged. They
require written confirmation. These terms and conditions apply to
procurement services of MOWITANIA Wendt & Molitor
GbR.
8. Place of jurisdiction The place of jurisdiction for all disputes
arising from the tenancy is in accordance with the legal regulations
the urban district of Berlin, wherein the let property lies. Hence,
the place of jurisdiction always is a county court in Berlin
Berlin,
October 2003
MOWITANIA
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