General Terms and Conditions
1SCOPE
1.1 These Terms and Conditions apply to contracts for the rental of rooms and apartments (rental property) for accommodation purposes (accommodation contract), as well as to all related services and deliveries provided to the customer by BRENZAPARTMENTS Wesp GbR (“BRENZAPARTMENTS”).
1.2 The subletting or onward rental of the provided rental property, the accommodation of additional guests, and any use for purposes other than accommodation—such as offering goods or services—require the prior consent of BRENZAPARTMENTS in text form. The right of termination pursuant to Section 540 (1) sentence 2 of the German Civil Code (BGB) is excluded.
1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in text form.
2 CONCLUSION OF CONTRACT, CONTRACT PARTIES
The contracting parties are BRENZAPARTMENTS and the customer. The contract is concluded when BRENZAPARTMENTS accepts the customer’s request. It is sufficient for the accommodation contract to be formed if the customer reserves the rental property by email and BRENZAPARTMENTS confirms the reservation (regarding period and room category) in the same manner.
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 BRENZAPARTMENTS is obligated to make the booked rental property available to the customer and to provide the agreed services.
3.2 The customer is obligated to pay the agreed or applicable prices of BRENZAPARTMENTS for the rental and for any additional services used. This also applies to services commissioned by the customer directly or via BRENZAPARTMENTS that are provided by third parties and paid for by BRENZAPARTMENTS.
3.3 All agreed prices include the services offered to the customer, including applicable taxes and local charges valid at the time the contract is concluded.
3.4 According to local municipal law and/or state regulations, charges such as waste collection fees and broadcasting fees must be paid personally by a guest subject to registration requirements.
BRENZAPARTMENTS reimburses these charges for the duration of the stay or offsets them against its own claims.
3.5 If VAT laws change or if local charges related to the services are introduced, amended, or abolished after the contract is concluded, the prices will be adjusted accordingly. For consumer contracts, this applies only if more than four months pass between contract conclusion and fulfillment.
3.6 If payment by invoice has been agreed, payment must be made within ten days of receipt of the invoice without deduction, unless otherwise agreed. The customer agrees to receive invoices electronically.
3.7 BRENZAPARTMENTS is entitled to request an appropriate advance payment or security deposit (e.g., a credit card guarantee) at the time of contract conclusion. The amount and due date may be agreed in text form. In the event of late payment, statutory provisions apply.
3.8 In justified cases—such as payment default or extension of the contract—BRENZAPARTMENTS may demand an additional advance payment or security deposit up to the full contractual amount even after the contract is concluded but before the stay begins.
3.9 At the beginning or during the stay, BRENZAPARTMENTS may require an appropriate advance payment or security deposit for existing or future claims, unless already provided pursuant to the preceding clauses.
3.10 The customer may only set off claims against BRENZAPARTMENTS if such claims are undisputed or legally established.
4 CUSTOMER CANCELLATION / NON-USE OF SERVICES (“NO-SHOW”)
4.1 The customer may withdraw from the contract only if a cancellation right has been expressly agreed or if statutory cancellation/termination rights apply.
4.2 If a deadline for cost-free cancellation has been agreed, the customer may cancel the contract in text form before that deadline without triggering payment or compensation claims. The right expires if not exercised in time.
4.3 If no cancellation right exists or if it has expired, and no statutory cancellation/termination right applies, BRENZAPARTMENTS retains the right to the agreed payment even if the services are not used.
Revenue from re-rental and saved expenses must be deducted. If the rental property is not re-rented, BRENZAPARTMENTS may apply a lump-sum deduction for saved expenses.
In this case, the customer must pay 90% of the agreed price for accommodation and arrangements including external services.
The customer is permitted to prove that the claimed amount did not arise or is significantly lower.
5 CANCELLATION BY BRENZAPARTMENTS
5.1 If the customer has been granted a cost-free cancellation period, BRENZAPARTMENTS may also withdraw from the contract during this period if there are inquiries from other customers for the booked rooms and the customer does not waive their cancellation right within a reasonable deadline after being asked.
The same applies to non-binding reservations if the customer fails to confirm the booking upon request.
5.2 If an agreed or required advance payment or security deposit (Sections 3.5 / 3.6) is not made even after a reasonable grace period, BRENZAPARTMENTS may withdraw from the contract.
5.3 BRENZAPARTMENTS may also withdraw from the contract for objectively justified reasons, including but not limited to:
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Force majeure or other circumstances beyond BRENZAPARTMENTS' control make contract fulfillment impossible;
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Rooms were booked based on misleading or false information, or through omission of essential facts (e.g., identity, financial status, purpose of stay);
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BRENZAPARTMENTS has reason to believe that the use of services may endanger its smooth operations, safety, or public reputation;
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The purpose of the stay is illegal;
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A violation of Section 1.2 occurs.
5.4 A justified cancellation by BRENZAPARTMENTS does not entitle the customer to damages. If BRENZAPARTMENTS has a claim for damages in cases under Sections 5.2 or 5.3, it may apply a lump-sum charge, in accordance with Section 4.3.
6 AVAILABILITY, HANDOVER, AND RETURN OF ROOMS
6.1 The customer is guaranteed a rental property in the booked category or higher.
However, no claim exists to a specific room or apartment unless expressly agreed in text form.
6.2 The rental property is available from 2:00 p.m. on the agreed arrival date. The customer is not entitled to earlier availability.
6.3 On the agreed departure date, the room must be vacated and returned to BRENZAPARTMENTS by 12:00 noon at the latest.
If vacated later, BRENZAPARTMENTS may charge 50% of the full accommodation rate until 6:00 p.m., and 90% thereafter.
This does not create additional contractual rights for the customer.
The customer may prove that no, or significantly lower, charges apply.
7 LIABILITY OF BRENZAPARTMENTS
7.1 BRENZAPARTMENTS is liable for damages resulting from injury to life, body, or health caused by its negligence. It is also liable for other damages caused by intentional or grossly negligent breach of duty, or by negligent breach of essential contractual obligations.
Essential obligations are those necessary for proper contract performance and on which the customer may rely.
The same applies to breaches by legal representatives or agents.
Further claims for damages are excluded unless stated otherwise in this section.
In the event of disruptions or deficiencies, BRENZAPARTMENTS will attempt remedy upon becoming aware or upon the customer's immediate notification. The customer must contribute to minimizing any damage.
7.2 BRENZAPARTMENTS is liable for items brought in by the customer in accordance with statutory regulations. If the customer wishes to store money, securities, or valuables exceeding €800, or other items exceeding €3,500, a separate storage agreement is required.
7.3 Use of a parking space on BRENZAPARTMENTS premises does not constitute a storage contract. In case of loss or damage to vehicles or their contents, liability applies only under Section 7.1.
7.4 BRENZAPARTMENTS may accept, store, and—upon request and for a fee—forward mail or packages for the customer. Liability applies only under Section 7.1.
8 FINAL PROVISIONS
8.1 Amendments or additions to the contract, the acceptance of the application, or these Terms and Conditions should be made in text form. Unilateral changes are invalid.
8.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction is 89073 Ulm, Germany.
BRENZAPARTMENTS may also bring action at the customer’s place of business.
The same applies to customers without residence or domicile in an EU member state.
8.3 German law applies. The UN Convention on Contracts for the International Sale of Goods does not apply.
8.4 In accordance with statutory obligations, BRENZAPARTMENTS points out that the European Union provides an online platform for out-of-court consumer dispute resolution (“ODR platform”):
http://ec.europa.eu/consumers/odr/
BRENZAPARTMENTS does not participate in dispute resolution procedures before consumer arbitration boards.
BRENZAPARTMENTS Wesp GbR
Management, Königsbronn, February 5, 2023