GENERAL TERMS AND CONDITIONS OF INhouse GmbH

10/2019

  1. Validity of these conditions

1.1 These general terms and conditions apply to the entire business relationship. including future contracts between the customer (hereinafter referred to as "tenant") and INhouse GmbH. This includes the Boardinghouse contract and all services rendered in connection with the execution of these contracts in or on all buildings and areas belonging to INhouse GmbH.

1.2 General terms and conditions of the lessee shall not apply. They are contradicted.

  1. Conclusion of contract

2.1 Offers made by INhouse GmbH are subject to confirmation and non-binding until the conclusion of the contract.

2.2 The contract is concluded as soon as the apartment 1-Room, 2-Room (in the following summarizing: Apartment) is booked by acceptance of the tenant. If a booking could not be made due to time constraints, the contract will be concluded with the provision of the apartment. The conclusion of the contract obliges the contracting parties to fulfil the contract, regardless of the duration of the contract. If the booking tenant is not simultaneously the user, the booking tenant and the user of INhouse GmbH are jointly and severally liable for the obligations arising from the booking.

2.3 If more than 4 months elapse between the conclusion of the contract and the provision of the service, the Lessor may increase the contractually agreed monthly rent by a reasonable amount, but not more than 10%.

2.4 The price (see 5) must be paid in full before the start of the rental period (bank transfer, credit card, Maestro card in advance or at the check-in machine). If monthly payments are agreed in writing, these are to be paid monthly in advance, at the latest by the 3rd working day of a month, free of charge to the account of INhouse GmbH.

2.5 INhouse GmbH is free to confirm a booking in writing. Cancellations and comparable declarations are only effective if they are made in writing.

2.6 If the tenant is an entrepreneur, only the written confirmation of the booking is valid for the content of the booking.

The reservation confirmation of the INhouse is authoritative unless the tenant immediately objects in writing. This applies in particular to verbal or telephone orders and agreements. A notification to INhouse GmbH is in any case no longer immediate if it has not been received within seven days.

2.7 For group bookings (from 5 persons), the organizer is obliged to send INHOUSE GmbH a list of participants 14 days before arrival at the latest.

2.8 The provision of §545 BGB does not apply.

  1. Provision and departure

3.1 Residential premises may only be used by the tenant for residential purposes. If the tenant uses the residential premises for commercial purposes or other purposes outside the residential purpose, this constitutes a use contrary to the contract, which entitles the landlord to termination without notice, if the tenant continues the use after the warning.

3.2 Booked apartments are available to the tenant from 15:00 on the day of arrival. Check in can take place after 15:00 hours around the clock.

3.3 There is no entitlement to the provision of certain apartments or premises. If certain apartments are confirmed in the booking confirmation but are not available, INhouse GmbH can provide an equivalent replacement in the house. Further claims of the tenant are excluded.

3.4 Subletting or subletting of the apartments is excluded. The occupancy of the apartments with more than the number of persons booked requires the prior written consent of INhouse GmbH.

3.5 The tenant is obliged to identify himself at the check-in machine upon arrival and to deposit an appropriate security deposit (valid credit card with cover frame in the amount of the expected total costs of the stay, deposit payment or similar) with INhouse GmbH.

The tenant is obliged to fill in the police registration form at the check-in machine completely with his personal details and to sign it.

3.6 As soon as your stay in a place of accommodation exceeds six months, you are subject to the general obligation to register with the registration authority. If you are not registered for accommodation in Germany and your stay exceeds three months, you must register with the registration office within two weeks. The tenant expressly undertakes to register with the landlord. In case of violation of this obligation or in case of any other behaviour that prevents a prescribed registration, the landlord is entitled to terminate the contract without notice.

3.7 If, upon departure of the lessee/return of the rental object, damage is discovered which can be proven to have been caused by culpable behaviour on the part of the lessee, INhouse GmbH is entitled to charge the lessee's credit card as security in the amount of the expected repair costs. After the repair work has been carried out, INhouse GmbH will immediately invoice the lessee for the actual repair costs incurred.

3.8 INhouse GmbH is entitled to demand a security deposit in the form of a credit card guarantee, a down payment or similar when concluding the contract. The amount of the advance payment and payment date can be contractually agreed in text form.

3.9 Smoking in apartments or corridors, staircases and pets is not permitted.

3.10 Departure must take place no later than 11.00 a.m. on the day of departure; the apartment must be vacated by this time. The INhouse GmbH can charge the full overnight price for the use of the apartment after 11:00 a.m. on the day of departure if it is used before 12 noon. The tenant undertakes to pay this additional fee.

3.11 An extension of the stay beyond the period agreed in the Boardinghouse contract is only possible after prior agreement with INhouse GmbH. This agreement should be made at least 14 days before the end of the contract and requires written confirmation by INhouse GmbH. The written confirmation shall be deemed an extension of the contract in the sense of the Boardinghouse contract. A claim to an extension does not exist in principle. The customer's failure to move out in time constitutes a forbidden power of his own. The Boardinghouse is entitled to make use of the right of self-help in this respect, to take possession of the apartment and to temporarily store the guest's objects in a storeroom at the guest's expense and risk, exercising a lien.

3.12 Photography and filming for commercial purposes are prohibited in the entire property.

3.13 The tenant is obliged to maintain private liability insurance during the contract period.

  1. Cancellation by the customer (cancellation, cancellation, non-use of hotel services)

4.1 Reservations are binding for contractual partners.

4.2 If there is neither a contractual nor a statutory right of withdrawal in favour of the customer, the in-house reserves the right to the agreed remuneration despite non-use of the service.

4.3 The following conditions apply to individual bookings: Reservations up to 13 nights can be cancelled free of charge up to 7 days before arrival date. If the cancellation is made from the 7th day before arrival, a cancellation fee of 70% of the costs for the entire booking period will be charged. In case of non-appearance without cancellation on the day of arrival, a cancellation fee of 100% of the costs for the entire booking period will be charged.

Reservations from 14 until 30 nights or more can be cancelled free of charge up to 14 days before the date of arrival. If the cancellation takes place from the 13th day before arrival, or in case of non-appearance without cancellation, a cancellation fee of 70% of the costs for a maximum of 14 nights will be charged.

Reservations of 31 nights or more can be cancelled free of charge up to 30 days before the date of arrival. If the cancellation takes place from the 29th day before arrival, or in case of non-appearance without cancellation, a cancellation fee of 70% of the costs for a maximum of 31 nights will be charged.

4.4 The following conditions apply to group bookings (> 3 apartments) or reservations for trade fair and special periods, unless otherwise agreed in the contract:

A booking can be cancelled free of charge up to 30 days before arrival. In the event of cancellation from 29 days before arrival, the tenant's payment obligation is 70% of the costs for the entire booking period. The settlement is subject to the provisions of clause 4.5.

4.5 The INhouse GmbH will endeavour to allocate unoccupied apartments elsewhere if possible. If INhouse GmbH is able to provide cancelled services to third parties within the agreed period, the compensation of the contractual partner shall be reduced by the amount paid by these third parties for the cancelled service, but not more than until the total compensation is no longer payable. The Bucher shall be free to prove that the aforementioned claim did not arise or did not arise in the required amount.

  1. Prices / payments / set-off / assignment

5.1 The prices are determined according to the price list of the INhouse GmbH, which is valid at the time of the performance of the service and are valid including the respectively valid legal value added tax. If a price was promised in the booking confirmation, this is decisive. If the booking was made more than 4 months ago, INhouse GmbH may adjust the price stated therein appropriately, but by no more than 6 %.

5.2 The INhouse GmbH can require an advance payment or security deposit of the tenant with reservations.

5.3 Invoices of the INhouse GmbH are payable after receipt of invoice without deduction within 14 days at the latest, but absolutely before the beginning of the rental period.

5.4 The tenant is only entitled to offset if the counterclaim on which he bases his right is undisputed or if this claim has been legally established. The same applies to the assertion of rights of retention. The assignment of claims and rights of the lessee against INhouse GmbH to third parties may only take place with the written consent of INhouse GmbH.

5.5 Only tenants who make use of the apartments / services of INhouse GmbH within the scope of their professional activity (business customers within Germany) have the opportunity to enter into a credit agreement with INhouse GmbH after checking their creditworthiness. Invoices sent on the basis of this credit agreement are payable net within 14 days of receipt.

After this period a written reminder will be sent. After a further 14 days, a new written reminder will be sent, adding interest on arrears and a reminder fee of 10€. After a further 7 days, a new written reminder will be sent with the addition of further default interest and a reminder fee of 20€, with the reference to assign the claim to a debt collection company if payment has not been made.

  1. Termination

6.1 INhouse GmbH may terminate the contract for good cause. Good cause shall be deemed to exist in particular if

-The advance payments in accordance with section 5.2 shall not be made by the agreed date (unless the date is specified 30 days prior to arrival at the latest);

-The lessee does not fully comply with his agreed, fixed-term payment obligations.

-Force majeure, strike, breakdowns through no fault of INhouse GmbH or other circumstances beyond the control of INhouse GmbH make performance of the contract impossible;

-The INhouse GmbH has justified reason to believe that the overnight stay may endanger the smooth business operation, the safety or the reputation of the INhouse GmbH in public, without this being attributable to the sphere of control or organisation of the INhouse GmbH;

-An unauthorized subletting or subletting or use of the rooms provided is present.

- rooms are booked under misleading or false statements of essential facts, e.g. in the person of the customer or the purpose;

6.2 The INhouse GmbH informs the tenant of the exercise of the right of termination immediately in writing. In the aforementioned cases of termination, the contractual partner is not entitled to claim damages. Claims for damages and reimbursement of expenses of INhouse GmbH remain unaffected. The statutory conditions shall apply.

  1. Liability

7.1 The lessee is obliged to store valuables (money, jewellery, securities, etc.) in the available safe.

7.2 Items which the tenant has left behind on the premises of INhouse GmbH will only be forwarded on request, at the risk and cost of the tenant. INhouse GmbH undertakes to store such items for 4 weeks. After this time, the objects will be handed over to the local lost property office if there is a visible value. In all other cases these will be handed over to the finder upon receipt.

7.3 If a parking space is made available to the renter above ground or in the underground car park (also for a fee), this does not constitute a safekeeping contract. INhouse GmbH is not liable for loss or damage of parked or manoeuvred vehicles on the property or in the underground car park. INhouse GmbH has no obligation to monitor. The INhouse GmbH is to be notified immediately of any damage. Section 8.6 shall apply accordingly.

7.4 Irrespective of the provisions in sections 7.2 to 7.3, the liability of INhouse GmbH shall be limited

for damages of any kind whatsoever (contractual or tortious) excluded. This exclusion does not apply - to damages caused by INhouse GmbH intentionally or through gross negligence; - in cases of slight negligence for damages resulting from injury to life, limb or health, as well as - subject to the provisions under sections 8.5 and 8.6 - for damages resulting from a breach of essential contractual obligations by INhouse GmbH. Essential contractual obligations are all obligations the fulfilment of which makes the proper execution of the contract possible in the first place.

7.5 In cases of negligent violation of essential contractual obligations, the liability of INhouse GmbH - with the exception of damage to life, body or health - is limited to the typical contractual damage foreseeable for INhouse GmbH at the time of conclusion of the contract or breach of duty. In this respect, the liability of INhouse GmbH for damages is excluded which are exclusively attributable to the risk area of the lessee.

7.6 The aforementioned exclusions and limitations of liability in Sections 7.1 to 7.4 shall apply. also for the liability of INhouse GmbH for its organs, employees and vicarious agents of INhouse GmbH.

7.7 The above exclusions and limitations of liability shall not apply to claims under the German Product Liability Act, insofar as liability is mandatory.

7.8 This limitation of liability and the short limitation period shall also apply to the benefit of the Boardinghouse in the event of a breach of obligations during the initiation of the contract and a positive breach of contract. They do not apply in the cases of § 309 No. 7 BGB (German Civil Code).

7.9 The limitation period for all claims of the customer is one year.

7.10 If a false or fire alarm is caused by negligent or intentional misconduct on the part of the lessee, resulting in damage to INhouse GmbH (such as fire brigade deployment, room damage, etc.), the lessee shall be obliged to pay a lump sum of € 3,000.00. The compensation is to be set higher or lower, if INhouse GmbH proves a higher damage or the tenant proves that a lower or no damage has arisen.

7.11 Messages, mail and consignments for the guests are distributed twice a week by the caretaker from the collective mailbox. Claims for damages, except for gross negligence or intent, are excluded.

  1. Garage use

8.1 The guarding and safekeeping of the vehicle with contents and load is not part of the contract; the adjustment of the vehicle takes place at the Hirer's own risk.

8.2 In addition to these setting conditions, the general road traffic regulations apply to the use of the parking spaces and the behaviour in the car park.

8.3 are forbidden by the police:

-Use of fire and smoking

-the loading of fuels, their containers and all other flammable substances and articles

-running the engine without driving operation

-unnecessary honking of the horn and causing all kinds of noises to disturb the peace and quiet

8.4 Traffic signs and signs in the car park must be observed.

8.5 In the car park it is only allowed to drive at walking speed.

8.6 The vehicle must be parked in the rented parking space in such a way that it can be parked unhindered at any time in the adjacent parking spaces. In the event of non-compliance with this regulation, INhouse GmbH may place the vehicle in the necessary position at the expense and risk of the lessee.

8.7 It is forbidden to repair or clean the vehicle on the parking place, the roadways or ramps, to fill or drain cooling water, fuels or oils.

8.8 Any contamination of the park as well as its entry and exit shall be avoided and otherwise immediately removed.

8.9 The park is to be used carefully and appropriately. The renter is liable for all damages caused by him. Such damages must be reported to INhouse GmbH immediately.

8.10 INhouse GmbH reserves the right to amend and change these terms and conditions at any time.

  1. Place of performance, place of jurisdiction, applicable law

9.1 The place of performance and payment is INhouse GmbH in Ingolstadt. The registered office of the company is in Parsberg.

9.2 In commercial transactions, i.e. if the lessee is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction - also for cheque and bill disputes - shall be INhouse GmbH in Neumarkt. This shall also apply in the event that the lessee, as a non-businessman, fulfils the requirements of § 38 para. 2 ZPO (Code of Civil Procedure) and has no general place of jurisdiction in Germany, moves his domicile or habitual residence outside the Federal Republic of Germany after conclusion of the contract or his domicile or habitual residence is not known to INhouse GmbH at the time the action is filed.

9.3 German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

9.4 No oral or written collateral agreements have been made. Amendments or supplements must be made in writing to be legally effective; the same applies to the waiver of the written form requirement.

9.5 Should individual provisions of the contract, including the terms and conditions, be invalid, this shall not affect the validity of the remaining provisions. The parties shall immediately replace the invalid provisions with effective provisions that come as close as possible to the intended purpose and their economic significance.

  1. Data protection

The INhouse GmbH is entitled to process and store the data about the tenant received in connection with the business relationship - even if these originate from third parties - in the sense of the Federal Data Protection Act and to have them processed and stored by third parties commissioned by the INhouse GmbH.

Parsberg, 28.10.2019