General terms and conditions of the SI-SUITES

l. Scope:

1. All offers, deliveries and services by SI-SUITES are based solely on these general terms and conditions.

2. No other contradictory general terms and conditions of the contractual part-ners of SI-SUITES are applicable, unless their applicability is acknowledged explicitly in writing by SI-SUITES.

 

II. Room rental, arrival and departure:

1. The contractual partner is not entitled to the provision of specific rooms.

2. Booked rooms are available to the contractual partner from 3 p.m. on the day of arrival. There is no entitlement to an earlier provision. Unless the room has been booked on a guaranteed basis, SI-SUITES is entitled to rent it elsewhere if the contractual partner fails to avail of the service by no later than 6 p.m. on the day of arrival; in such a case, the contractual partner may not derive any claim for compensation.

3. The rooms must be vacated and handed back by 11 a.m. on the date of depar-ture (by 12 noon on Sundays and holidays). If rooms are not handed back punctually on the day of departure, the contractual partner will be charged a daytime rate for the additional use of the room until 4 p.m. and, in the event of a later return, the full overnight price.

 

III. Prices and payment:

1. The contractual partner is obliged to pay the price agreed or – where the price has not been agreed – the price included on the valid price list. This also ap-plies to other services and expenses caused by the contractual partner.

2. Third-party services that are merely brokered by SI-SUITES, in particular tech-nical and other facilities for events, musical tickets, etc., shall be listed sepa-rately in the invoice and claimed on behalf of the third-party provider, unless they are billed directly by the third-party provider.

3. The agreed prices include the current valid VAT. If there is a period of more than four months between the conclusion of the contract and the service pro-vision by SI-SUITES, any rises in VAT shall be borne by the contractual part-ner.

4. If there is a period of more than four months between the conclusion of the contract and the service provision by SI-SUITES, and the general price for such services is raised by SI-SUITES, the contractually agreed price may be raised to an appropriate degree, however by no more than 5 %. SI-SUITES will refer to this price increase before providing the services. In this case the contractual partner retains the right to withdraw from the contract.

5. The invoices issued by SI-SUITES are due for payment within 14 days of the invoice date. In the event of arrears, SI-SUITES will charge a dunning fee of 10€ for each reminder. The right to assert a claim for higher compensation remains reserved. The contractual partner may produce evidence that no damages, or none of any great consequence, have been incurred.

6. SI-SUITES is entitled to demand reasonable prepayment or deposits at any time.

7. The claims by SI-SUITES may be offset only by undisputed, legally estab-lished or recognised counterclaims.

 

IV. Room cancellation:

1. The possibility to cancel the contract free of charge, and the conditions under which this may occur, are defined in the reservation offer. Any cancellation declaration must be made within the notice period outlined therein.

2. If the services of SI-SUITES are not availed of without a punctual cancellation declaration, the contractual partner must pay the contractually agreed fee, mi-nus the expenses saved. The expenses saved are calculated at a flat rate of 10% for overnight stays with or without breakfast, and for events.
The contractual partner is free to provide evidence that in his case the saved expenses were higher than the flat rate.

 

V. Withdrawal rights of SI-SUITES:

1. If a right to withdrawal (cancellation) free of charge on the part of the contrac-tual partner within a certain notice period is agreed, during this period SI-SUITES is also entitled to withdraw from the contract, if enquiries have been received from other customers in relation to the contractually booked room, and the contractual partner, when requested, does not waive his right to with-draw.

2. If, after the conclusion of the contract, an advance payment or deposit de-manded by SI-SUITES is not provided, despite a reminder with a reasonable additional deadline, SI-SUITES is also entitled to withdraw from the contract. Furthermore, SI-SUITES is entitled to withdraw in the event that force majeure or other circumstances that are not the fault of SI-SUITES make it impossible to fulfil the contract, or if insolvency proceedings are opened against the as-sets of the contractual partner, or if such proceedings are rejected due to a lack of assets.

3. If SI-SUITES make justified use of its right of withdrawal, this does not lead to any compensation entitlement on the part of the contractual partner. Any compensation claims arising from contractual infringements by SI-SUITES remain unaffected, subject to Section VI.

 

VI. Liability of SI-SUITES:

1. Liability for items brought into the property is based on the legal regulations, in particular §§ 701 – 703 BGB.

2. In the event of injury to life, person or health, or damages based on a guaran-tee declared by SI-SUITES, the liability of SI-SUITES is based unrestrictedly on the legal regulations.

3. For other damages, SI-SUITES is liable

a. for every obligation breach by SI-SUITES, its legal representatives, or vicarious agents, unless there is no instance of intent or gross negli-gence;

b. otherwise, SI-SUITES assumes no liability. Excepted from this are damages caused by the culpable infringement of key contractual obli-gations; in this case, liability is limited to typical damages that are al-ready foreseeable at the time of the conclusion of the contract.

4. If the contractual partner culpably neglects to report a defect to SI-SUITES immediately after its discovery, there shall be no reduction in the contractually agreed fee.

5. In the event of loss or damage on the hotel property or in a vehicle parked in a garage provided, SI-SUITES accepts no liability. This does not affect the liabil-ity of SI-SUITES due to intent or gross negligence on the part of SI-SUITES. In this case, the damage must be claimed against SI-SUITES no later than when leaving the hotel property or garage, otherwise the claim is excluded.

6. Compensation claims by the contractual partner expire after two years from the time of the contractual partner receives knowledge of the damage. Irre-spective of this knowledge, such compensation claims expire no later than three years from the damage occurrence. In the case of liability for an injury to life, person or health, as well as other damages caused by the intentional or grossly negligent infringement of an obligation, the legal statutes of limitation remain valid.

7. The legal representatives or vicarious agents of SI-SUITES are identical with SI-SUITES in the sense of the above regulations.

 

VII. Items left behind:

1. Items that have clearly been left behind inadvertently will be kept for six months.

2. If the items have not been collected or their return requested within the six months, they will be disposed of by SI-SUITES.

3. The costs for keeping, possibly sending, or any unusual disposal shall be borne by the contractual partner.

 

VIII. Jurisdiction and choice of law clause:

1. The contractual relationship between SI-SUITES and the contractual partner is subject to the law of the Federal Republic of Germany.

2. The agreed jurisdiction, of the contractual partner of SI-SUITES is a merchant as defined by the German Commercial Code (HGB), is the headquarters of SI-SUITES. The same applies insofar as the contractual partner does not have any general jurisdiction domestically, or has moved his residence or usual place of stay abroad since the conclusion of the contract, or if his residence or usual place of stay is unknown.

 

IX. Final provisions:
1. The place of fulfilment and payment is the headquarters of SI-SUITES in Stuttgart.

2. Should individual provisions of the contract be or become invalid, this does not affect the validity of the other provisions.