Terms and conditions (AGBs) – Milchhaus (Service Apartments)

 1 Scope
1. The Milchhaus (Service Apartments) is operated by Wilde, Jürgen & De Prophetis Riccardo GbR [hereinafter referred to as Milchhaus (Service Apartments].
2. These current terms and conditions apply to all accommodation contracts for the provision of apartments for accommodation as well as all further services and deliveries of the Milchhaus (Service Apartments), rendered for the customer or guest. Terms and conditions of the guest are only used if this has been explicitly agreed beforehands in writing.
3. If the promised apartment is not available, so the Milchhaus (Service Apartments) is entitled to provide the tenant/user/guest equivalent replacement without the guest being able to derive any claims therefrom.
4. The subletting or reletting of the leased or booked apartment as well as their use for purposes other than accommodation require the prior written notice approval of the Milchhaus (Service Apartments).

2 Contract closing
1. The contract comes into being by the booking confirmation of the Milchhaus (Service Apartments) for a reservation or request to the guest. For accommodation contracts the Milchhaus (Service Apartments) is free to confirm them in writing (also by e-mail, fax, etc.)
2. Several guests, customers or orderer are jointly and severally liable/are joint debtors.
3. § 540 1 sentence 2 BGB doesn’t apply it the customer is not a consumer.

3 Cancellation/ Period of use
1. A cost-free withdrawal of the guest of the contract concluded with the Milchhaus (Service Apartments) requires the written consent of the Milchhaus (Service Apartments). If this is not the case, the agreed price from the contract is payable even if the guest does not make use of the contractual services and a subletting is no longer possible. Unless otherwise agreed, in the event of cancellation of reservations by the guest the following fees become due: from the 30th day before the planned arrival 80% of the ordered/reserved services from the 3rd day before the planned arrival 100% of the ordered/ reserved services
2. If the rental contract/booking period is to be extended, this has to be requested in writing and will be confirmed by Milchhaus (Service Apartments) if available.
3. A change of the guests during the term is only permitted with the consent of the Milchhaus (Service Apartments).
4. Priority shall also be given to the terms and conditions set out in written agreements between customer and Milchhaus (Service Apartments) concerning periods of stay, periods of notice and conditions (such as security deposit and amount of security deposit).  

4 Withdrawal of the Milchhaus (Service Apartments) 1. If an agreed advance payment is not made on time by the guest, the Milchhaus (Service Apartments) is entitled to withdraw from the contract. 2. Furthermore, the Milchhaus (Service Apartments) has the right to withdrawal extraordinarily from the contract for an objectively justified reason, for example if:                                                                               – apartments are booked under the indication of misleading or misrepresenting essential facts, e.g., in the person of the customer or the purpose.
– force majeure or other circumstances for which the Milchhaus (Service Apartments) is not responsible that make the fulfilment of the contract impossible
– the Milchhaus (Service Apartments) has a justified reason to assume that the use of the services may jeopardize the smooth running of the business, the security or the reputation of the house in public without this being the domain or organizational sector of the Milchhaus (Service Apartments).
-there is a violation of § 1 point 3 or § 3 point 3 of these general terms and conditions. In the case of a justified withdrawal of the Milchhaus (Servive Apartments) no claims of the customer for compensation arise. Claims for compensation of the Milchhaus (Service Apartments) are subject to the provision of the law.

5 Services / Prices / Payments
1. The Milchhaus (Service Apartments) is obliged to keep the apartments booked by the customer available and to provide the agreed services. The guest is not entitled to the provision of certain apartments.
2. Booked apartments are available to the guest from 3 p.m. of the agreed arrival day. The guest is not entitled to earlier provision.                    
3. On the agreed departure day, the apartments have to be vacated to the Milchhaus (Service Apartments) no later than 11 a.m.  Thereafter, until 6 p.m., the Milchhaus (Service Apartments) may charge 50% of the full list price beyond the damage it incurs for the additional use of the apartment, 100% from 6 p.m.. Contractual claims of the customer are not justified by this. He is free to verify that the Milchhaus (Service Apartments) suffered no or a much lower damage.
4. To renew the period of stay, a new written reservation or request has to be made. A tacit renewal is excluded. A non-timely moving out by the guest represents unlawful interference. The Milchhaus (Service Apartments) is entitled to make use of the right to self-help to take over the ownership of the apartment and the objects introduced by the guest. He is also entitled to store these objects provisionally at the expense and risk of the guest by exercising the right of the lien.
5. The guest is obliged to pay the agreed prices of the Milchhaus (Service Apartments) applicable or agreed for the provision of the apartments and the other services used by him. This also applies to services and expenses of the boarding house to third parties caused by the guest. The agreed prices include the respective statutory value added taxes.
6. All claims of the Milchhaus (Service Apartments) are due immediately upon receipt of the invoice without deductions. Unless an advance payment has been agreed, the claims are due upon arrival or at the beginning of the service provision without deduction. Other services, which are used during the stay, are due on departure without deduction.
7. Should the guest/renter/user take additional services and the costs reach the amount of 200,-€ net, then the Milchhaus (Service Apartments) is entitled to make an interim invoice.
8. On a confirmed booking and/or contract the Milchhaus (Service Apartments) is entitled to demand a reasonable advance payment or security in the form of a deposit, credit card guarantee, an advance payment or similar. The amount of the advance payment and the payment dates can be agreed in text form in the contract.
9. The guest is obliged to provide truthful information about the number of people occupying the apartment. The apartment is available for a maximum of the number of persons stated in the booking confirmation. The occasional or permanent occupancy with an additional number of persons requires the prior written consent of the provider/operator. The price for the assignment of the apartment in this case will be increased by the contractually invoiced price (minimum 20,-€ net, per person and night, unless otherwise agreed by contract).
10. The reception is not occupied the whole day. However, it is ensured that your concerns or in the cause of an emergency or malfunction the number given on the notice board is reachable. You can bring your requests, orders, error messages or suggestions via e-mail (info@milchhaus-freising.de) or at the drop-in box at the reception. 

6 VAT treatment (according to german law) / period of stay
1. The contracting parties agree that the conditions according to §12 para. 2 no. 11 and §4 no. 12 sentence 2 of the Value Added Tax Act are fulfilled and only accommodation contracts within the meaning of this act are concluded.
2. The Milchhaus (Service Apartments) points out that under no circumstances the rooms provided will be permanently supplied and thus never supplied for an ordinary residence within meaning of §8 and §9 AO (revenue code).
3. The requesting or booking guest acknowledges this and assures neither to intend nor to demand or perform such a use. If the booking guest books for the use by others (such as his employees, etc.) than himself and/or concludes this contract for others than himself, the contracting party ensures that these guests (such as his employees or similar) will be informed of this restrictive use requirement, respect it and take together appropriate measures to avoid it.
4. The Milchhaus (Service Apartments) has the right to demand appropriate evidences of domicile and general residence of the guest and to archieve in the reservation documents.

7 Liability
1. The guest is liable for the payment of the contractually agreed amount and the damage caused by the guest, his visitors, or other third parties in the apartment. Damages or defects in the leased apartment have to be reported to the Milchhaus (Service Apartments) without delay. Should malfunctions or defects in the services of the Milchhaus (Service Apartments) occur, with knowledge thereof or immediate notification of the guest/customer the Milchhaus (Service Apartments) will strive to remedy this. The guest is obliged to contribute to what is reasonable, to remedy the disturbance and to minimize possible damage. The liability of the Milchhaus (Service Apartments) is followed by the legal regulations of §§701 – 703 of the civil code (BGB). Liability for other reasons is excluded.
2. There is no custody agreement between the guest and the Milchhaus (Service Apartments) if a parking space is provided. The Milchhaus (Service Apartments) is not liable for loss or damage on the public property belonging to the city of Freising, on the neighboring properties or in the opposite parking garage of parked or ranged motor vehicles and their contents. A duty of supervision by the Milchhaus (Service Apartments) does not exist.
3. No-fault liability in particular guarantee liability, for our company for material defects is excluded.
4. The Milchhaus (Service Apartments) is liable with the care of a proper merchant for their obligations regarding the contract. Customer claims for compensation are excluded. This doesn’t apply to damage resulting from injury to life, body limb or health if the Milchhaus (Service Apartments) is responsible for the breaches of duty, other damages based on a willful or grossly negligent breach of duty by the Milchhaus (Service Apartments) and damages which are based on an intentional or negligent breach of contractual obligations of the Milchhaus (Service Apartments). A breach of duty of the Milchhaus (Service Apartments) is equivalent of a new legal representative or vicarious agent. In the event of malfunctions or defects in the services of the Milchhaus(Service Apartments) will endeavor to remedy the situation if the guest/customer knows or is promptly notified.

8 General rights and obligations; house rules
1. The guest has to treat the apartment and its inventory given to him with care. The guest is obliged to comply with the house rules.
2. For the duration of the period of stay in the apartment, the guest on leaving the apartment is obliged to keep windows (except tipped) and doors closed, to regulate all controllers/switches of the floor heating to a low level, and turn off light and technical equipment.

9 Smoking ban, keeping of animals/pets
1. The apartments of the Milchaus (Service Apartments) are non-smoking apartments. There is a general smoking ban. Therefore smoking is prohibited in the apartments, even at the open window and in the house. Smoking is only allowed outdoor or on the community part at the terrace on the 1st floor. In the case of a breach despite prior warning, the Milchhaus (Service Apartments) is entitled to a termination with immediate effect. In addition, if necessary, the Milchhaus (Service Apartments) may charge the additional costs of a special final cleaning due to nicotine odour in the apartment in the amount of at least 60,-€ net. Thereby, the proof of higher damage is reserved for the Milchhaus (Service Apartments) and can be invoiced. If it is proven that an additional cleaning will be necessary, a flat rate of 200,-€ net will be charged. This can also be charged or settled in accordance with §10 deposited securities.                                                                               
2. Keeping of animals/pets and their accommodation in the rented apartments and in the house is not allowed. If animals are accommodated without the prior consent of the provider, it can be charged a cleaning fee of up 200,-€ net. Additional costs and/or deposits of security can arise.

10 Handover / return of the apartment                      
1. If the costumer is an entrepreneur, he is liable for all damages to the building or inventory caused by visitors, servants, employees or other third parties from his domain or himself.
2. Upon handover of the apartment, the customer has an inventory list and the house rules at his disposal.
3. The Milchhaus (Service Apartments) may require the customer to provide adequate security (e.g. insurances, deposits, guarantees).The Milchhaus (Service Apartments) is in this case entitled to settle the costs of a removal of the customers or any roommate or attendant culpably caused damage (also for costs of §9) at the apartment with the security (e.g. insurance, deposits, guarantees) of the costumer or otherwise, for example to invoice it. The cost of repairing the damage is usually determined by the Milchhaus (Service Apartments) by obtaining a cost estimate from a craftsman’s workshop/-specialised company.
4. The customer is obliged to contribute what is reasonable to him in order to remedy the damage/ disturbance and to minimize possible damage.
5. The return of the apartment has to be in the condition in which the customer found it. The customer has to remove all his personal items from the apartment and to dispose of any food brought along. The customer has to reimburse the cost of the items that are no longer available at their present value when returning and vacating at their preset value the apartments. The inventory list, which will be provided upon handing over, serves as a comparison.
6. All handed over keys and cards are to be returned. For each individual key/card not returned, we charge 20,-€ net. The customer is expressly prohibited from passing or copying PIN codes, keys or cards to or by third parties. For visitors only the use of the bell at the entrance is provided.
6. For actuarial insurance reasons, the Milchhaus (Service Apartments) asks the customer to close the apartment door when leaving the apartment after the return has been made.

11 Technical equipment
The Milchhaus (Service Apartments) provides an apartment equipped with technical appliances and furniture. The use of own electrical devices by the guest using the power network of the Milchhaus (Service Apartments) requires a written permission (except mobile phones, PC, and similiar). However, due to incorrect positioning or handling, their use may not damage in any way the inventory (technical equipment and furniture) of the Milchhaus (Service Apartments). The Milchhaus (Service Apartments) is entitled to charge the expected additional costs to the guest and possibly to withhold the deposit of securities. The Milchhaus (Service Apartments) offers the guest during his stay, the possibility of a free use of the internet (LAN and Wi-Fi). If the guest makes use of this service, he is obliged to comply with all applicable local, national and possibly international laws and guidelines. For all acts and omissions in the context of the use, the guest is self-responsible. In addition, the guest assumes full responsibility for unlawful use of the internet connection and releases the Milchhaus (Service Apartments) from any claims of third parties. If necessary, the connection and user data are recorded as evidence in accordance with the legal provisions of the Milchhaus (Service Apartments). The Milchhaus (Service Apartments) is not liable for the availability and the absence of defectiveness of the internet access. Rent or price reduction are excluded in case of unavailability.

12 Data privacy / registration form
1. The personal dates provided by the guest (for example, in the contract or registration form), including identity card or passport number, will be kept by Milchhaus (Service Apartments) in accordance with statutory requirements and regulations and stored electronically if required. The data will not be passed on to third parties, unless this is necessary for the processing of the contract or fiscal issues/interests.
2. The registration form (in printed form or if available in electronic form) will be stored in accordance with §30 BMG (federal registration act) and destroyed within the specified period of time after expiry of the retention period. This, unless fiscal interests make necessary a longer storage.

13 Other clauses
1. Freising is deemed to be the place of performance and payment for both parties.                                                                                                                             
2. German law applies.
3. Place of jurisdiction in commercial transactions for all disputes between the parties resulting from the contractual relationship is Munich.
4. Side agreements, changes and additions to the contract are only effective if agreed in writing. The same applies to promises, consents, renounces and compromise agreements of all kinds.
5. Should individual provisions of the contract, including the terms and conditions, be ineffective, this does not affect the validity of the remaining provisions. The parties will immediately replace the ineffective provisions with those effective ones that come as close as possible to the intended purpose and its economic significance.
6. The laws and regulations of commercial accommodation providers are applied and not the rental laws.