General Terms and Conditions (GTC) of Cherisy Hotel for Clients

§ 1 Scope of Application

(1) These General Terms and Conditions (GTC) apply to all contracts for the provision of services, in particular rental and service agreements, between See-Projekt-Management GmbH, Hauptstraße 9, 88719 Stetten (hereinafter referred to as “we,” “us,” or “the provider”) and you (hereinafter referred to as “partner,” “your,” or “you”).

(2) The GTC apply regardless of whether you are a consumer or a business.

(3) A “consumer” is a natural person who concludes a contract for purposes that are predominantly not attributable to their commercial, independent, freelance, public, or non-profit professional activity.

(4) An “entrepreneur” is a natural or legal person who, when entering into a contract with us, acts in the course of their commercial, freelance, independent, public, or non-profit professional activity.

(5) These GTC apply across all our platforms. “Platforms” include all distribution and operational channels and services we use. In particular, this includes our premises, our physical or electronic documents such as emails, order documents or informational materials, our sales areas, as well as our websites or apps and our profiles on websites or apps of our partners.

(6) The version of the GTC valid at the time the contract is concluded shall apply. Deviating terms and conditions will not be accepted. This also applies if we have not expressly objected to their inclusion. The only exception to this is if these GTC explicitly state otherwise in individual cases. Where legal texts or documents exist in a language other than German, the German texts or documents shall be legally binding – translated versions are for comprehension purposes only.

(7) All agreements made between you and us in connection with a service arise in particular from an order or assignment and the associated annexes, our confirmation, our acceptance, and, insofar as not otherwise regulated, from these GTC. These GTC also apply to later orders or assignments you place during or after the contract term, unless different GTC are incorporated at that time.

(8) Except for written amendments and additions to these GTC, electronically or digitally generated documents or records shall be treated the same as written documents or records.

(9) These GTC also apply to other contracts concluded between you and us, provided no specific GTC relating to the other type of contract exist and clauses of these GTC can be applied in substance.

§ 2 Bookings and Video Surveillance

(1) Bookings are only possible from the age of 18.

(2) The hotel is monitored by video surveillance in the interior areas as well as at the entrance doors and stairways.

§ 3 Waste Disposal Guidelines

(1) Please strictly note that only toilet paper may be flushed down the toilet. No cotton swabs, tampons, sanitary pads, wet wipes, or similar items. Due to the installed lifting station, improper disposal of such items can quickly lead to serious blockages that may cause significant damage and costs. Please use the bin provided for these items.

(2) In the event of non-compliance, maintenance costs of €250 will be charged to the guest. Parents are liable for their children.

§ 4 Conclusion of Contract

(1) When we present our services on our platforms, we are not making a binding offer to conclude a contract. Such presentations are non-binding representations. Our offers and cost estimates are non-binding.

(2) A legally binding order or assignment can be submitted in any way offered by our platforms or proposed by us in individual cases. In particular, you can submit it as follows:

By clicking an order or assignment button on our platforms, especially on our websites and apps, as well as on our profiles on third-party websites and apps.
By sending us completed order or contract documents via any common communication channel, such as email, post, or our social media profiles, or by responding affirmatively to a contract offer we have sent to you via such a channel.
By handing over completed order or contract documents to us – for example, at our or your premises or sales areas, at trade fairs, informational or promotional events, or any other occasion.
By placing your order or assignment in writing or verbally on our platforms, especially within our premises, sales areas, or via communication channels we use, or by affirmatively responding to a contract offer we have made.

You are bound by your order or assignment for a period of 2 weeks after submission.

(3) By placing the order or assignment, you also agree to these GTC and to the processing of your data in accordance with our Privacy Policy.

(4) We may confirm receipt of your order or assignment:

by email to the address you provided or used, or via a message within our platforms, especially our websites and apps, and our profiles on third-party websites and apps,
with a confirmation letter by post or in person,
verbally or by issuing a receipt or any written confirmation.

Such confirmation does not constitute a binding acceptance of the order or assignment unless it expressly includes such acceptance. We generally issue the confirmation ourselves; however, a third party may issue it on our behalf if the service was ordered via a third-party platform – particularly a third-party website or app.

(5) A contract between you and us is only concluded when we:

explicitly accept the order or assignment,
begin to perform the service,
issue an invoice,
provide the service – in whole or in part.

Acceptance may be included in the confirmation.

(6) If there are multiple contracting parties – particularly when an order or assignment was placed jointly by several persons – or if the contracting party is a partnership, all contracting parties or partners are jointly and severally liable for our claims. We are entitled to rely on the instructions and information of a single contracting party or partner of a partnership when carrying out the contract, even without consulting the others, unless another party expressly objects in writing. Such objection entitles us to terminate the contract on the basis of and with the consequences of lack of cooperation.

(7) If, after issuing the confirmation, acceptance, or invoice, we become aware of a significant deterioration in your financial situation or receive negative information about your financial behavior and/or payment record and/or other circumstances suggesting that our claim to payment may be at risk due to a lack of creditworthiness, we are entitled to refuse performance until full payment has been made or adequate security has been provided. If payment is not made on time or no security is provided, we have the right to withdraw from the contract immediately. Our other claims and rights remain unaffected.

§ 5 Registration, Account

(1) If one of our services requires the creation of an account on our platforms, you will receive it by registering.

(2) The information requested during registration must be provided. You confirm that all data is complete and accurate. Registration can take place by entering your details on our platforms.

(3) The following requirements apply to registration:

Consumers must be natural persons over 18 years of age with full legal capacity.
Entrepreneurs as natural persons must meet the same requirements as consumers.
Entrepreneurs as partnerships or corporations, as well as any other legal entities, associations, or groups, must have legal capacity and an authorized representative. A P.O. box is not sufficient.

(4) There is no entitlement to registration. We reserve the right to reject a registration. Upon completion of registration, a contractual relationship between you and us is established.

(5) Upon registration, you receive an account that contains all necessary data for usage. Use is permitted only by you; in particular, you may not allow third parties to use the account or transfer it to third parties (account sharing). The password can be changed at any time. Creating multiple accounts for one person is not permitted. The account remains active until the termination takes effect.

(6) You are responsible for the content and quality of all information provided. You confirm that all information is correct and complete.

(7) You must not endanger the secure operation of our platforms. You must refrain from any actions that could disturb other users or go beyond the intended use of the platforms. In particular, you are required to refrain from:

Uploading or sending files containing viruses or other malware or making other interventions that could affect the functionality or accessibility of the platforms or alter or delete content,
Uploading or sending any kind of advertising, especially email or SMS advertising, chain letters, or other harassing content,
Placing an excessive load on the platforms or otherwise disrupting or endangering their operation,
Using crawlers, spiders, scrapers, or other automated tools to access or collect content from the platforms without prior written consent,
Collecting or using email addresses or phone numbers of other users without prior consent,
Reproducing, making publicly accessible, distributing, modifying, or otherwise using content from the platforms or third parties without prior consent from us or the third party, beyond intended use.

(8) We are entitled to take any action with respect to your account at any time and without stating reasons. In particular, we may request a statement, temporarily suspend the account, issue a warning, or permanently suspend or delete the account. We expressly reserve the right to assert civil and criminal claims. Sanctions do not affect payment obligations under existing service contracts, especially where the service has already been (partially) performed.

(9) If services on our platforms can also be used without an account, you submit an offer to conclude a contract for the duration of use in accordance with these GTC by using our platforms, which we accept by providing the service.

§ 6 Prices, Payment, Default, Payment Terms, Offsetting, Right of Retention, Hourly Billing

(1) Unless otherwise presented or agreed in individual cases, the prices we specify are gross prices including VAT.

(2) Payment is due immediately upon booking and must be made using one of the payment methods we provide. For work contracts, payment is due upon receipt of delivery or acceptance or, alternatively, upon completion of the work. Payment must be made no later than two weeks after the date of our invoice (invoice date). If payment is not made, you will be in default. In case of default, we are entitled to claim default interest and further damages as provided by law. The default interest rate for consumers is 5 percentage points above the base interest rate pursuant to § 288 BGB; for entrepreneurs, it is 9 percentage points above the base interest rate.

(3) We offer various payment services and methods. You may use any payment method we provide, in particular:

bank transfer to an account specified by us,
granting us a direct debit authorization or SEPA mandate,
payment by debit card (EC/Maestro) or credit card,
payment via a third-party platform (e.g. Apple App Store, Google Play, or Amazon Appstore),
payment via a payment service provider specified by us (e.g. PayPal), provided we offer such a payment method.

We reserve the right to exclude or add payment methods individually or generally.

(4) You use a payment service provider’s services by clicking their payment button during the ordering process. You will be redirected to the payment provider’s page. You use a third-party platform such as Apple App Store, Google Play, or Amazon Appstore by downloading our app via them. We only provide access to the respective page but do not become a contractual party. Usually, to use these services, you must enter into a separate contract with the payment provider. Their terms and privacy policies apply.

(5) In the case of a direct debit authorization, SEPA mandate, or card payment, your account will be charged no earlier than the due date. A granted direct debit authorization remains valid until revoked and applies to further orders.

(6) You are not entitled to offset our claims unless your counterclaims are legally established or undisputed, or you assert complaints or counterclaims arising from the same contractual relationship.

(7) You may only exercise a right of retention if your counterclaim arises from the same contractual relationship and is legally established or undisputed.

(8) If payment is not made on time for any of our claims from one or more contracts, we are entitled to assign the claim to a collection agency (e.g., Creditreform). By entering into the contract, you agree that we may transmit the necessary data and information to the collection agency and that the agency is authorized to store and process this data. This includes, in particular, your name and address, contract date, invoice number, invoice amount, and due date.

(9) Fees (e.g., public offices, authorities, etc.), charges or other payment obligations arising from the provision of services – particularly to public creditors – are not included in the price and must be paid separately by you to the respective party. This also applies if such expenses are advanced by us; in such cases, they are to be reimbursed to us.

(10) Hourly billing is calculated in 15-minute increments (0.25 hours). Each started 15-minute period will be billed at one quarter of the hourly rate. For prepaid hourly packages or time contingents covering an overall service or parts thereof, any unused time expires after the overall service or service phase is completed. In particular, there is no entitlement to carry over unused hours to another service or to receive a refund after payment.

§ 7 Scope of Services

(1) We primarily provide rental services and all related service activities. Within this framework:

we provide you with an apartment for a contractually agreed period of time;
only you and the persons named in the request may use the premises;
you treat the rented premises with care and diligence and use them only in an expected and customary manner;
you are liable for the rented premises from check-in until return to us. In particular, you are liable for all damages – whether caused by you or not – for example through theft, transport, misuse, or force majeure;
you receive the rented premises in at least a condition suitable for the stay; it is irrelevant whether the bedrooms face the courtyard, outside, or any other direction, or whether there is a source of noise or other emissions (e.g. street, event, or facility) in front of the rooms;
you return the rented premises in the same condition as at handover;
you report any damage occurring after check-in to us without delay;
you use the rented premises at your own risk. You are solely responsible – without affecting the full payment – for ensuring proper use;
we perform all agreed service activities.

(6) The scope of our service in individual cases is determined by:

your order or assignment, regardless of the platform used – particularly for online orders (e.g. the service description within the ordering or assignment process, on the website or in the app), or in written form (e.g. order or assignment documents including attachments, regardless of paper or email format), and in the case of a verbal or written order or accepting response to a contract offer we have made, in our premises, at a sales location, or via a communication channel we use.

Subsequent requests for changes deviating from the order or assignment require a separate agreement and commissioning and are subject to additional charges. For activities outside the defined scope of services or beyond an agreed time quota, an hourly rate of €100 will apply.

§ 8 Compensation and Performance

(1) We receive compensation for our services based on your order or assignment in accordance with the clause regarding the scope of services.

(2) We commit to perform the contractually agreed services with care and diligence. Unless the performance involves a contract for work, a specific result is not owed.

(3) In addition to the agreed compensation under paragraph 1, you will reimburse us for necessary expenses incurred, upon presentation of proof.

(4) We are entitled to engage third parties, especially subcontractors, to perform the services.

(5) If you engage service providers (third-party service providers) – even based on our recommendation – they are considered your agents. We assume no liability for the performance of third-party service providers. You, as the client, are responsible for coordinating and supervising the tasks and areas of responsibility of third-party service providers both towards us and the third-party providers and will independently take all necessary management and control measures.

(6) We are entitled to require a security deposit from you in a reasonable amount. In such cases, we will indicate the deposit amount in our offer. You must provide the deposit before the contract begins, either in cash or by another method confirmed by us. We will return the deposit to you upon defect-free and timely return of the contract object. In the event of damage, defects, or delay, we may retain the deposit in full or in part to offset the resulting claims. All other claims remain unaffected.

(7) For assignments carried out on weekdays (Monday – Friday) between 8:00 p.m. and 6:00 a.m. (CET/CEST), the booked and billable hours will be multiplied by a factor of 1.5. On Saturdays, Sundays, and public holidays, the factor is 2.0. Tasks requested by you outside of regular working hours must be requested in advance and confirmed by us before assignment.

(8) If a service is contractually provided free of charge, we accept no liability for the correctness or completeness of the results achieved – except in the case of damages to life, body, or health, or under the Product Liability Act. You are responsible for reviewing the content.

§ 9 Cancellation and Withdrawal

(1) The conclusion of an accommodation contract obliges both parties to fulfill the agreement, regardless of the time of booking. According to § 312g para. 2 no. 9 of the German Civil Code (BGB), there is no statutory right of withdrawal for consumers, as this is a contract for the provision of accommodation services for purposes other than residential use, where a specific date or period is designated for performance.

(2) The guest may cancel the booking in accordance with the rate selected at the time of contract conclusion. The following cancellation terms apply:

Non-refundable rate: Free cancellation or rebooking is excluded. In case of cancellation or no-show, 100% of the booking price will be charged.
Flexible Rate – 48 hours: Free cancellation is possible up to 48 hours before the scheduled check-in. After that or in the event of a no-show, the full booking price will be charged.
Flexible Rate – 5 days: Free cancellation is possible up to 5 calendar days before the scheduled check-in. After that, the full booking price is due.
Flexible Rate – 7 days (Weekly Rate): Free cancellation is possible up to 7 calendar days before the scheduled check-in. After that, the full booking price is due.
Flexible Rate – 30 days (Monthly Rate): Free cancellation is possible up to 30 calendar days before the scheduled check-in. For cancellations after that, the full booking price will be charged.

(3) The applicable cancellation conditions are specified in your booking confirmation and form part of the accommodation contract.

(4) The relevant date for determining the cancellation period is the scheduled check-in date stated in the booking confirmation. Cancellations must be made in writing via email to reservierung@cherisyhotel-konstanz.de to be valid.

(5) In the event of a late or missed arrival (“no-show”), there is no entitlement to reimbursement or compensation. The same applies if the stay is ended early.

§ 10 Duration and Termination

(1) Unless otherwise agreed electronically or in writing, the term of the contract begins with the dispatch of the order or assignment confirmation by the provider to the partner.

(2) Unless otherwise agreed electronically or in writing, the contract shall run for an indefinite period.

(3) If a minimum contract term is agreed, the contract shall be extended for an indefinite period after its expiry unless it is terminated by either party with one month's notice before the respective end of the term. After the extension to an indefinite period, the contract may be terminated with one month's notice to the end of a calendar month.

(4) If we terminate the contract for good cause, you are obliged to reimburse us for the demonstrably incurred costs and fees up to the time of termination. Services rendered up to that point shall be billed proportionately where possible; otherwise, they shall be fully invoiced.

(5) Termination can be made in writing by letter or by email.

§ 11 Withdrawal

(1) If you are an entrepreneur within the meaning of § 14 BGB, the right of withdrawal does not apply. For consumers, the following applies:

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us (See-Projekt-Management GmbH, Hauptstraße 9, 88719 Stetten, +49152 04514662, reservierung@cherisyhotel-konstanz.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send your notification concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (except for additional costs resulting from your choice of a different delivery method than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. We will use the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; in no case will you be charged fees for this reimbursement.

If you requested that the services begin during the withdrawal period, you must pay us an amount which is in proportion to the services already provided up to the time you informed us of your withdrawal, compared to the full scope of the contractually agreed services.

Model Withdrawal Form

(If you wish to withdraw from the contract, please complete this form and return it to us.)

— To See-Projekt-Management GmbH, Hauptstraße 9, 88719 Stetten, +49152 04514662, reservierung@cherisyhotel-konstanz.de:

— I/We () hereby withdraw from the contract concluded by me/us () for the provision of the following service (*):

— Ordered on () / received on ():

— Name of the consumer(s):

— Address of the consumer(s):

— Signature of the consumer(s) (only if this form is submitted on paper):

— Date: _______________

(*) Delete where not applicable.

END OF MODEL WITHDRAWAL FORM

(2) The right of withdrawal does not exist, expires, or can be excluded if a statutory case, a corresponding court ruling, or another legal ground exists. Statutory cases are provided in §§ 312g or 356 BGB, in particular:

for contracts for the provision of services related to accommodation other than for residential purposes, transport of goods, car rental, supply of food and beverages, or other services related to leisure activities, where the contract provides for a specific date or period for performance;
for contracts in which the consumer has expressly requested the trader to visit him to carry out urgent repair or maintenance work. This does not apply to additional services provided during the visit that the consumer has not expressly requested, or to goods supplied that are not necessarily required as spare parts for the maintenance or repair.

(3) The right of withdrawal especially expires for a service contract if the service has been fully performed and performance began with the consumer’s prior express consent, and with the acknowledgment that they would lose the right of withdrawal once the contract had been fully performed. In the case of contracts concluded outside business premises, the consumer’s consent must be recorded on a durable medium. In contracts for financial services, the right of withdrawal expires if the contract has been fully performed by both parties at the express request of the consumer before the consumer has exercised the right of withdrawal.

§ 12 Duty to Cooperate

(1) You shall support us in providing our contractual services by performing reasonable acts of cooperation. For example, you shall promptly inform us of all necessary information, data, circumstances, or conditions; provide documents, materials, items, or access required to fulfill the service; issue instructions and approvals promptly; and designate a competent contact person who shall remain unchanged. You must be authorized to perform your actions – in particular, no third-party rights or regulatory provisions may be violated.

(2) If you are not authorized to provide the information, materials, or access under paragraph 1 – e.g., due to infringements of competition, data protection, trademark, or labeling law, or other third-party or regulatory rights – this also constitutes a lack of cooperation. You warrant that you are authorized to perform the relevant actions. We will not verify such authorization. You shall indemnify us on first demand from any claims by third parties arising from your lack of authorization and shall compensate us for any damages incurred as a result, including any legal costs.

(3) A lack of, incomplete, damaging, or unlawful cooperation – such as by providing incomplete, incorrect, or unauthorized information, data, materials, or documents – entitles us to terminate the contract. In contracts with entrepreneurs, this may occur without affecting our claim to agreed remuneration.

(4) If we suffer damage due to faulty cooperation, we are entitled to compensation. You shall also indemnify us from all third-party claims arising from at least grossly negligent faulty cooperation on your part.

§ 13 Performance Deadlines, Force Majeure, Impediments to Performance

(1) Unless otherwise agreed in individual cases, we are not bound by deadlines or dates for the performance of services. Performance dates must be in writing.

(2) If we are prevented from providing the service due to the occurrence of unforeseeable, exceptional events for which we are not responsible and which could not have been avoided with reasonable diligence according to the circumstances of the individual case – regardless of whether such events occur on our side or yours – (e.g., operational disruptions, delays in the delivery of essential raw and auxiliary materials or performance by subcontractors, governmental interventions, labor disputes, lockouts, disruptions of any kind in our operations or those of third parties, shortages of goods, or similar circumstances beyond our control and responsibility), the performance period applicable to us shall be extended by a reasonable period necessary to allow the proper fulfillment of our service obligation. If performance becomes impossible, we are released from our performance obligation, and you shall have no right to withdraw from the contract or claim damages. If such impediments arise on your side, the same legal consequences shall apply to your obligation to accept the service. Both contracting parties shall inform each other without delay of any such impediments.

(3) Impediments to performance that cannot be attributed to the risk sphere of either contracting party shall release both parties from their performance obligations for the duration and scope of the disruption.

§ 14 Right of Retention (Lien)

(1) We acquire a right of retention (lien) on your items that come into our possession during the execution of the contract due to our claims. It secures all claims we have against you in connection with the legal relationship that led to us obtaining possession of the item.

(2) Upon your request, we shall release items subject to the lien of our choice, provided the realizable value of the security exceeds the total claim to be secured by more than 20%.

§ 15 Third-Party Advertising

(1) We reserve the right to display third-party advertisements on our platforms. We have no influence on such advertisements, particularly regarding their content, reliability, or accuracy. The display of advertisements is not subject to our review and does not imply our approval – the advertiser is solely responsible. Any interaction – especially by clicking, using services provided via application programming interfaces ("API"), or visiting platforms linked via the advertisement – is subject to the advertiser's contractual terms, general terms and conditions, and privacy policies.

(2) Advertising may also include links to third-party platforms or third-party API applications. In these cases as well, sole responsibility lies with the respective advertiser. Their contractual terms, general terms and conditions, and privacy policies shall apply.

§ 16 Voucher

(1) A voucher can be redeemed within the period stated on the voucher, but no later than the end of the second year after the year of purchase. Retroactive redemption is not possible. Only one voucher can be redeemed per order or booking. The voucher may only be used for our direct services and not for the purchase of other vouchers. The value of the service must at least match the value of the voucher. Any remaining balance will not be refunded. Voucher balances are neither paid out in cash nor do they bear interest. We may make payments with discharging effect to the respective holder of the voucher. This does not apply if we were aware of or grossly negligent in being unaware of the lack of authorization, legal capacity, or representation of the respective holder.

(2) The voucher is personalized and non-transferable.

§ 17 Copyright and Other Rights

We hold copyrights and/or other intellectual property rights to all images, videos, texts, and other content protected by copyright or similar rights that are published on our website, our profiles on other websites, our social media profiles, and all our platforms. The use of such images, videos, texts, and other rights without our written consent is prohibited.

§ 18 Data Protection and Data Security

(1) We collect personal data from you, as well as any data provided by you or obtained by us during contract performance, for the purpose of fulfilling the contract and pre-contractual obligations. Data collection and processing is necessary for contract fulfillment and is based on Article 6(1)(b) of the GDPR. We process this data in accordance with the obligations of the GDPR. According to Art. 5(1) GDPR, personal data must in particular be:

(a) processed lawfully, fairly, and in a transparent manner in relation to the data subject ("lawfulness, fairness, and transparency");

(b) collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes ("purpose limitation");

(c) adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed ("data minimization");

(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that inaccurate personal data are erased or rectified without delay ("accuracy");

(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed ("storage limitation");

(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organizational measures ("integrity and confidentiality").

(2) Data will generally not be shared with third parties unless there is a legal obligation to do so or such disclosure is necessary for the performance of the contract or to comply with statutory time limits. This includes, for example, if data must be transferred to a third-party provider to perform a service, to a payment provider, or to a subcontractor engaged to fulfill our obligations to you. In such cases, the service provider will often have its own contractual relationship with you and will act on its own responsibility.

(3) Once data is no longer required for the purpose for which it was collected and no statutory retention obligation exists, it will be deleted. During the initiation and execution of our contractual relationship, we will retain your data as needed. In some cases, we may need to retain data even after the termination of our contractual relationship. For example, invoice data must be kept for 10 years in accordance with § 147 of the German Fiscal Code (AO). As long as a service provider contracted by us continues to provide services related to your contract, we are also obligated to retain data according to the agreed retention periods.

(4) You have the right to access, transfer, delete, rectify, restrict, or block your personal data. In particular, you are entitled to request free information about all your personal data. Your request may be submitted to us. Additionally, you have the right to seek administrative or judicial remedies or to contact a supervisory authority.

§ 19 Liability, Indemnification, and Reimbursement of Expenses

(1) We are liable to you in all cases of contractual and non-contractual liability for damages or reimbursement of futile expenses in accordance with statutory provisions in cases of intent and gross negligence.

(2) In all other cases – unless otherwise specified in paragraph 3 – we are liable only for the breach of a contractual obligation that is essential for the proper performance of the contract and on the fulfillment of which you may regularly rely (so-called cardinal obligation), and such liability is limited to the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provisions of paragraph 3.

(3) Our liability for damages arising from injury to life, body, or health, and under the Product Liability Act, remains unaffected by the above and all other limitations or exclusions of liability, warranty, or responsibility stipulated in these GTC or agreed between the parties.

(4) You shall indemnify us on first demand from any third-party claims asserted against us and/or our vicarious agents due to alleged culpable breaches by you of your obligations – particularly under these GTC. You shall compensate us for any damages resulting from such third-party claims, including any legal defense costs such as court and attorney fees. Otherwise, statutory provisions apply.

(5) We are entitled to reimbursement of expenses that we reasonably deemed necessary and were not responsible for, especially any expenses for the protection of the contractual item, as well as an appropriate local remuneration.

§ 20 Place of Performance, Applicable Law, Contract Language, and Jurisdiction

(1) The place of performance for all services arising from the contract is agreed to be Konstanz.

(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If both you and we are merchants at the time the contract is concluded and your place of business is in Germany, the exclusive place of jurisdiction is our registered office in Konstanz. Otherwise, the applicable statutory provisions regarding local and international jurisdiction shall apply.

(3) The contractual language is German, unless expressly agreed otherwise in writing. Any translated legal texts or documents are provided for understanding purposes only. The German versions are legally binding, particularly in case of discrepancies or differences in interpretation between such legal texts or documents.

(4) Regarding disputes with consumers, the EU Commission has established an internet platform for online dispute resolution (ODR platform) – for alternative dispute resolution according to the ODR Regulation and § 36 of the German Consumer Dispute Resolution Act (VSBG). This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales contracts. More information is available at: http://ec.europa.eu/consumers/odr

Participation in a dispute resolution procedure before a consumer arbitration board is not mandatory and is not undertaken by us.

§ 21 Final Provisions

(1) Amendments and supplements to these GTC must be made in writing; we reserve the right to make changes. Amendments require that you are not unreasonably disadvantaged, that there is no violation of good faith, and that you do not object to the change. If a change is made, you will be notified via one of our communication channels – in particular via email – 2 months prior to its effective date. The change becomes effective if not objected to within this period – after which the amended GTC shall apply.

(2) We reserve the right to assign this contract to another company. Such assignment shall become effective 1 month after sending a notification of assignment via one of our communication channels – in particular via email – to you. In the event of an assignment, you have the right to terminate the contract, which shall apply 1 month after receipt of the assignment notice. All rights granted to us shall also apply to our legal successors.

(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid one that most closely reflects the intended economic purpose.

Terms and Conditions

Chérisy Hotel Konstanz

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