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

§ 1

(1) These General Terms and Conditions (AGB) apply to all contracts regarding the provision of services, particularly rental and service offerings, 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 AGB applies regardless of whether you are a consumer or a business.

(3) A “consumer” is a natural person who concludes a contract for purposes predominantly outside their commercial, independent, freelance, public law, or non-profit professional activity.

(4) A “business” is a natural person or a legal entity that acts in the course of their commercial, freelance, independent, public law, or non-profit professional activity when concluding a contract with us.

(5) These AGB apply across all our platforms. “Platforms” refer to all distribution and operational channels and services used by us. This includes all 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 the websites or apps of our partners.

(6) The version of the AGB valid at the time of contract conclusion is decisive. Deviating AGB will not be accepted. This also applies if we do not expressly oppose the inclusion. Exceptions may apply if specified otherwise in these AGB. If legal texts or documents exist in a language other than German, the German legal texts or documents are legally binding—the translated legal texts or documents are for better understanding only.

(7) All agreements made between you and us in connection with a service arise primarily from an order or assignment and the associated attachments, our confirmation, our acceptance, and additionally, if not regulated therein, from these AGB. These AGB also apply to subsequent orders or assignments you place during or after the term of the contract, unless other AGB are included at that time.

(8) With the exception of written amendments and additions to these AGB, electronically or digitally created documents or materials are treated as equivalent to written documents or materials.

(9) These AGB also apply to other contracts concluded between you and us, provided there are no specific AGB related to the other type of contract and clauses of these AGB can be applied in content.

§ 2 Bookings and Video Surveillance

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

(2) The hotel is under video surveillance in the interior areas as well as at the entrance doors and staircases.

§ 3 Disposal Guidelines

(1) Please note that only toilet paper may be flushed down the toilet. No cotton swabs, O.B.s, pads, wet wipes, or similar items. Due to the installed lifting system, improper disposal of these items can quickly lead to serious blockages, causing significant damage and costs. Please use the provided trash bin for these items.

(2) In case of violation, 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 do not make a binding offer for the conclusion of a contract. The presentation is merely an informal display. Our offers and cost estimates are non-binding.

(2) You can place a legally binding order or assignment in any manner provided by our platforms or as we propose to you in individual cases. In particular, you can submit them as follows:

By clicking a order/assignment button on our platforms, especially on our websites and apps, as well as our profiles on third-party websites and apps.
By sending us completed order or contract documents via any common communication channel such as email, mail, or our social media profiles, or by responding acceptingly to a contract conclusion offer we have sent you through such a communication channel.
By handing over completed order or contract documents—e.g., in our or your premises or sales areas, at trade fairs, information or promotional events, or at any other opportunity.
By placing your order or assignment in writing or verbally on our platforms, particularly in the premises, sales areas, or through communication channels used by us, or by responding acceptingly to a contract conclusion offer made by us.

You are bound to the order or assignment for 2 weeks after placing it.

(3) By placing the order or assignment, you also agree to these AGB and the data processing according to our privacy policy.

(4) We can confirm the receipt of the submitted order or assignment:

by email to the address you provided or used,
with a confirmation letter by mail or through hand delivery,
verbally or by issuing a receipt or any written confirmation.

The confirmation does not constitute a binding acceptance of the order or assignment unless it explicitly states acceptance along with the confirmation of receipt. We generally confirm the order or assignment ourselves; however, a third party can also issue a confirmation on our behalf if you have ordered or assigned our service on third-party platforms—especially a website or app of a third party.

(5) A contract between you and us comes into effect only when we:

expressly accept the order or your assignment,
begin the provision of services,
issue an invoice,
provide the service—either in whole or in part.

Acceptance may occur simultaneously with the confirmation.

(6) If there are multiple contracting parties—especially if the order or assignment was placed jointly by several persons—or if the contracting party is a partnership, the contracting parties or the partners of the partnership are jointly liable for our claims as joint debtors. We are entitled to rely on the instructions and information of a single contracting party or partner of a partnership for the execution of the contract, especially without consulting the other contracting parties or partners unless otherwise objected in writing. An objection entitles us to terminate the contract based on the consequences of a lack of cooperation.

(7) If we learn after the order confirmation, acceptance declaration, or invoice of a significant deterioration in your financial situation or receive unfavorable information about economic behavior and/or payment practices and/or other circumstances that suggest that our payment claim may be endangered due to a lack of performance capability, we have the right to refuse performance until payment is made in full or you provide sufficient security. If payment is not made on time or no security is provided, we have an immediate right of withdrawal. Our further 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 through registration.

(2) Providing the requested data during registration is mandatory. You assure that your information is complete and correct. Registration can be completed by entering your data on our platforms.

(3) The following requirements must be met for registration:

Consumers must be legally capable natural persons over the age of 18.
Companies as natural persons fulfill the requirements of a consumer.
Entrepreneurs as partnerships or corporations, as well as any other legal entities, associations, or communities, must be legally capable and have an authorized representative. Providing a P.O. Box is not sufficient.

(4) There is no entitlement to registration. We reserve the right to refuse registration. A contractual relationship arises between you and us upon completion of the registration.

(5) Upon registration, you will receive an account containing all necessary data for usage. The account may only be used by you personally; you are not allowed to allow third parties to use your account or transfer your account to third parties (account sharing). The password may be changed at any time. Multiple accounts for a single person are 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 assure that the information is correct and complete.

(7) You must not jeopardize the secure operation of our platforms. You must refrain from any actions that could disturb other users or exceed the intended use of our platforms. You are specifically obliged to refrain from:

Uploading or sending files that contain a virus or other malicious software, or making any other interventions that could impair the functionality or accessibility of the platforms or alter or delete content.
Uploading or sending any form of advertising, especially email advertising, SMS advertising, chain letters, or other disturbing content.
Exposing the platforms to excessive strain or in any other way disturbing or jeopardizing their operation.
Using crawlers, spiders, scrapers, or other automated mechanisms to access the platforms and collect content without written consent.
Collecting or using information such as email addresses or phone numbers of other users without prior consent.
Reproducing, making publicly accessible, distributing, editing, or using content from the platforms or third parties without prior consent from us or the third parties.

(8) We are entitled to take any measures regarding your account without stating reasons. In particular, we reserve the right to request a statement from you, temporarily suspend the account, issue a warning, or permanently suspend or delete the account. We also expressly reserve the right to assert civil and criminal claims. The sanctions do not affect the payment obligation for services already rendered, especially if the service has already been provided (in whole or in part).

(9) Should services on our platforms be available without an account, you are already making an offer to conclude a contract for the duration of the use of a platform in accordance with these AGB by using our platforms, which we accept by providing the service.

§ 6 Prices, Payment, Default, Payment Terms, Set-off, Right of Retention, Hourly Rates

(1) The prices we specify are, unless otherwise presented or agreed upon in individual cases, gross prices including VAT.

(2) Payment is due immediately upon booking and must be made using the payment methods we provide. For contractual obligations, payment is due upon receipt of delivery or acceptance or substitute completion of the work. Payment must be made no later than within 2 weeks of the date of our invoice (invoice date). If payment is not made, default occurs. In case of default, we are entitled to claim default interest and further damages in accordance with the legal provisions. The default interest for consumers is 5 percentage points above the base interest rate under § 288 BGB for the year; for entrepreneurs, the default interest is 9 percentage points above the base interest rate under § 288 BGB for the year.

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

Transferring to an account specified by us,
Granting us a direct debit authorization or SEPA direct debit mandate,
Paying by EC/Maestro or credit card,
Paying through a third-party platform (e.g., Apple App Store, Google Play, or Amazon Appstore),
or paying through a payment service provider specified by us (e.g., PayPal), provided we offer a corresponding payment option. We reserve the right to exclude payment options individually or generally or to add them subsequently.

(4) In the case of a granted direct debit authorization, SEPA direct debit mandate, or payment by EC/Maestro or credit card, we will initiate the charge of your account at the earliest on the due date. A granted direct debit authorization remains valid until revoked, also for further orders.

(5) You are not entitled to set off against our claims unless your counterclaims are legally established or undisputed, and then only if you assert defects or counterclaims from the same contractual relationship.

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

(7) In the event that our claims from one or more contracts are not paid in due time, we are entitled to engage a collection agency (e.g., Creditreform) to collect the outstanding claims. By concluding the contract, you agree that we may provide the necessary data and information to the collection agency (e.g., Creditreform) for collection, and the collection agency (e.g., Creditreform) is entitled to store and process the data. In particular, name and address, contract date, invoice number, invoice amount, and due date will be transmitted.

(8) Fees (any government agencies, authorities, etc.), remuneration, or other payment claims resulting from the performance of services—especially public creditors—are not included in the price and must be paid by you separately to the respective agencies or persons. This also applies if these expenses are incurred by us in advance; in this case, they must be reimbursed to us.

(9) Billing of an hourly rate occurs in 15-minute increments (0.25 hours). Each commenced 15 minutes will be charged at one-quarter of the hourly rate. In the case of flat-rate hourly packages or time contingents for the overall service or specific service sections, any unused hours will expire after completion of the overall service or service section. In particular, there is no entitlement to transfer hours to another overall service or to receive payment for them after payment has been made.

§ 7 Scope of Services

(1) We primarily provide rental services as well as all related service activities. In this context:

We will make an apartment available to you for a contractually defined period;
only you and the persons specified in the inquiry will use the premises;
you will treat the rental premises carefully and responsibly and solely in an expected and usual manner;
you will be liable for the rental premises from check-in until their return to us. In particular, you are liable for all damages, whether caused by you or not, such as theft, transport, misuse, or force majeure;
you will receive the rental premises in a condition suitable for your stay; it is irrelevant whether the sleeping rooms face the courtyard, outside, or in any other direction, or whether there is a noisy or otherwise disturbing source like a street, event, or facility in front of the premises;
you will return the rental premises in the condition they were handed over;
you will report any damages occurring after check-in to us immediately;
you will use the rental premises at your own risk. You are responsible for ensuring proper use, without affecting the payment of the full remuneration;
we will provide all agreed-upon services.

(6) The extent of our services is determined in each case by:

your order or contract, regardless of which of our platforms you place it on, particularly in the case of an online order (for example, the service description in the context of the ordering process on the website or app) or in writing (for example, the order documents along with attachments, regardless of whether in paper form or electronically via email), as well as in the case of a written or oral order or accepting a response to an offer made by us in premises we use, at one of our sales locations, or via a communication channel we use.

Subsequent requests for changes deviating from the order or contract require a separate agreement and order and are subject to separate fees. For activities outside the scope of services or an agreed time contingent, an hourly rate of €100 will be agreed upon.

§ 8 Compensation and Execution

(1) We receive a fee for our services according to your order or the assignment in accordance with the section on the scope of services.

(2) We undertake to provide the contractually owed services carefully and diligently. If the fulfillment of the service does not involve a work obligation, a successful outcome is not owed.

(3) In addition to the fee according to paragraph 1, you shall reimburse us for necessary expenses incurred, upon presentation of proof.

(4) We are entitled to engage third parties, particularly subcontractors, to provide the service.

(5) If you engage service providers (third-party service providers) – even upon our mediation – they are considered your vicarious agents. We assume no liability for the services of third-party service providers. As the client, you are responsible for the proper coordination and supervision of the activities and responsibilities of the third-party service providers and will independently take the necessary management and control measures.

(6) We are entitled to demand a security deposit from you in a reasonable amount. In this case, we will specify the amount of the deposit in the offer. You shall deposit the security before the contract begins in cash or in another manner confirmed by us. We will refund the deposit to you upon the flawless and timely return of the contractual item. In the event of damage, defects, or delays, we will retain the deposit in full or in part as credit against any resulting claims. Our other claims remain unaffected.

(7) For services performed on weekdays (Monday to Friday) between 8:00 PM and 6:00 AM (CET/CEST), the booked and billable expenses will be multiplied by a factor of 1.5. On Saturdays, Sundays, and public holidays, these will be multiplied by a factor of 2.0. Activities requested by you outside regular working hours must be requested before the assignment and confirmed by us.

(8) If a service is provided free of charge in accordance with the contract, we assume no liability for the correctness and completeness of the results obtained – except for damages arising from death, bodily injury, or health, and according to product liability law. The content review is your responsibility.

§ 9 Duration and Termination

(1) The term of the contract begins – unless otherwise agreed electronically or in writing – upon sending the order or order confirmation by the service provider to the partner.

(2) The concluded contract runs – unless otherwise agreed electronically or in writing – for an indefinite period.

(3) In the case of an agreed minimum contract duration, the contract will automatically extend for an indefinite period after the minimum term expires, unless terminated by either party with one month's notice prior to the end of the respective term. After the extension to an indefinite period, the contract may be terminated with one month's notice at the end of a month.

(4) If we terminate for an important reason, you are obliged to reimburse us for the costs and fees incurred up to the time of termination. The services we have provided until then will be billed proportionally, if possible; otherwise, a complete billing will take place.

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

§ 10 Right of Withdrawal

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

Withdrawal Information

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 day of the 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 for this purpose, but it is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without delay and at the latest within fourteen days from the day we received your notification of withdrawal from this contract. For this refund, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you incur any fees for this refund.

If you requested that the services commence during the withdrawal period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you inform us of the exercise of the right of withdrawal regarding this contract in comparison to the total scope of the services provided for in the contract.

Model Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it back.)

— 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 communicated on paper)

— Date _______________ (*)

END OF THIS MODEL WITHDRAWAL FORM -

(2) The right of withdrawal does not exist, expires, or can be excluded if there is a legally regulated case, a corresponding court decision, or another legal reason. Legally regulated cases arise in particular from §§ 312g or 356 BGB.

in contracts for the provision of services in the areas of accommodation for purposes other than residential, transportation of goods, car rental, delivery of food and beverages, as well as for the provision of other services related to leisure activities, if the contract specifies a specific date or period for the provision.
in contracts where the consumer has expressly requested the entrepreneur to visit in order to carry out urgent repair or maintenance work. This does not apply to further services provided during the visit that the consumer has not expressly requested or to goods delivered during the visit that are not necessarily needed as replacement parts for maintenance or repair.

(3) The right of withdrawal also expires in particular in the case of a contract for the provision of services if the entrepreneur has fully performed the service and has begun the execution of the service only after the consumer has given his explicit consent and has simultaneously confirmed his knowledge that he loses his right of withdrawal upon full performance of the contract by the entrepreneur. In the case of a contract concluded outside of business premises, the consumer's consent must be transmitted on a durable medium. In the case of a contract for the provision of financial services, the right of withdrawal expires, deviating from sentence 1, if the contract has been fully performed at the express request of the consumer before the consumer exercises his right of withdrawal.

§ 11 Duty to Cooperate

(1) You will support us in providing our contractually agreed services through appropriate cooperation actions. For example, you will promptly inform us of the necessary information, data, circumstances, and conditions; provide documents, materials, items, or access necessary for the fulfillment of the service; issue us instructions and approvals without delay, and name a competent contact person who will not be replaced. You must be authorized to perform your actions – especially regarding transfers or granting access – and must not violate any third-party rights or statutory provisions.

(2) If you are not authorized to make the notification, provision, or transfer of rights according to paragraph 1, for example, due to competition, data protection, trademark, and copyright violations, or any violations of third-party rights or statutory provisions, there is also a lack of cooperation. You assure your authorization for the corresponding actions. We will not conduct any corresponding checks. You will indemnify us upon first request from any claims by third parties that arise against us due to your lack of authorization and will compensate us for any damages that arise from the claims by the third party, including any court and attorney fees incurred for the legal defense. Otherwise, the statutory provisions apply.

(3) A lack of, incomplete, damaging, or unlawful cooperation – for example, by providing or forwarding incomplete, incorrect, or not legally usable information, data, materials, or documents – entitles us to terminate the contract, in the case of a contract with an entrepreneur, also without affecting the agreed compensation.

(4) If we incur damage due to faulty cooperation, there is a claim for damages. In this case, you will also indemnify us from all claims by third parties that third parties assert in connection with your at least grossly negligent faulty cooperation actions.

§ 12 Performance Period, Force Majeure, Performance Obstacles

(1) We are – unless otherwise agreed on a case-by-case basis – not bound by deadlines and dates when executing the service. Performance dates require written form.

(2) If we are prevented from providing the service due to unforeseeable, extraordinary events that are not attributable to us and that we could not avert despite reasonable care under the circumstances of the individual case – whether at our premises or yours – (for example, operational disruptions, delays in the delivery of essential raw and auxiliary materials or the fulfillment of contracts by subcontractors, government interventions, labor disputes, lockouts, operational disruptions of any kind at our premises or at third-party companies, supply shortages or similar, which are outside our sphere of influence and are not our fault), the performance period applicable to us will be extended to an extent that allows for the proper fulfillment of the performance obligation. If performance becomes impossible, we will be released from the obligation to perform without you being entitled to withdrawal or damages. If corresponding obstacles occur at your location, the same legal consequences shall apply to your acceptance obligation. The contracting parties shall notify each other of corresponding obstacles without delay.

(3) Performance obstacles that are not attributable to the risk area of one of the contracting parties relieve the contracting parties from their performance obligations for the duration of the disruption and to the extent of their effect.

§ 13 Right of Lien

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

(2) At your request, we will release the items subject to the lien at our discretion if the realizable value of the collateral owed to us exceeds the total claim to be secured by more than 20%.

§ 14 Advertising from Third Parties

(1) We reserve the right to display third-party advertisements on our platforms. We have no influence over the advertisements, particularly not on their content, reliability, or accuracy. The display of advertisements occurs without our review, and we do not approve them in content; the advertiser alone is responsible. Any claims arising from interactions with the advertisements—especially by clicking, using services conducted via application programming interface ("API"), or visiting the platforms linked in the advertisements—are subject to the respective advertiser's terms, general conditions, and privacy policies.

(2) Advertisements may particularly involve linking to third-party platforms or third-party API applications. Here, too, only the respective advertiser is responsible. Their terms, general conditions, and privacy policies apply.

§ 15 Vouchers

(1) A voucher can be redeemed with us within the period specified on the voucher, but not later than the end of the second year following the year of purchase. Retroactive settlement is not possible. Only one voucher can be redeemed per order or booking. The voucher can only be used for our direct services and not for the purchase of additional vouchers. The value of the service must be at least equal to the voucher amount. Any remaining credit will not be refunded. Voucher credit will neither be paid out in cash nor accrue interest. We can perform to the respective holder with releasing effect. This does not apply if we had knowledge or grossly negligent ignorance of the holder's lack of entitlement, incapacity to contract, or lack of representation.

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

§ 16 Copyright and Other Rights

We hold copyright or other rights to all images, films, texts, and other content protected by copyright or similar rights, particularly through intellectual property rights, published on our website, our profiles on other websites, our social media profiles, and all our platforms. Any use of the images, films, texts, and other rights is not permitted without our written consent.

§ 17 Data Protection and Data Security

(1) We collect personal data from you as well as other data you provide or that we obtain in the course of fulfilling the contract for the purpose of contract execution and to fulfill contractual and pre-contractual obligations. The collection and processing of data are necessary for contract fulfillment and are based on Article 6 (1) (b) of the GDPR. We process it in accordance with the obligations of the GDPR. According to § 5 (1) of the GDPR, personal data must, in essence:

(a) be processed lawfully and fairly and in a manner that is transparent to the data subject ("lawfulness, processing in good faith, transparency");

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

(d) be accurate and, where necessary, kept up to date; all reasonable steps must be taken to ensure that personal data that is inaccurate with respect to the purposes for which it is processed is erased or rectified without delay ("accuracy");

(e) be stored in a form that permits identification of data subjects only for as long as is necessary for the purposes for which the data are processed ("storage limitation");

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

(2) Data will generally not be transmitted to third parties unless there is a corresponding obligation or the transfer of data is necessary for the execution of the contract or compliance with a legal obligation, such as when the transfer of data is required to carry out a necessary query through a third-party provider for contract execution, when your data are forwarded to a payment provider, or when subcontractors are engaged to fulfill a service obligation towards you. In these cases, the service providers will often have a contractual relationship with you, so they act at their own risk.

(3) Once data are no longer necessary for the purposes of processing and if no legal retention obligation continues to exist, they will be deleted by us. We retain your data in the context of establishing and fulfilling our contractual relationship. It may also be necessary for data to continue to be retained after termination of our contractual relationship. For example, invoice data (billing documents) must be retained for ten years in accordance with § 147 of the Fiscal Code. As long as a service provider executing services on our behalf has a contract with us regarding the performance of your service, we remain obligated to retain the data according to the agreed retention periods.

(4) You have the right to access, transfer, delete, correct, restrict, or block your personal data. In particular, you are entitled to receive free information about all personal data concerning you.

Your request can be directed to us. In addition, you have the right to appropriate administrative or judicial remedies or to contact a supervisory authority.

§ 18 Liability, Indemnification, and Reimbursement of Expenses

(1) We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence according to the legal provisions for compensation for damages or reimbursement of wasted expenses.

(2) In other cases, we are liable—unless otherwise regulated in paragraph 3—only for the breach of a contractual obligation whose fulfillment enables the proper execution of the contract and on which you as the contracting party may regularly rely (so-called cardinal obligation), limited to the compensation of foreseeable and typical damages. In all other cases, our liability is excluded, subject to the regulations in paragraph 3.

(3) Our liability for damages arising from injury to life, body, or health, and according to the Product Liability Act, remains unaffected by the preceding and all other liability, warranty, or responsibility limitations and exclusions in these terms and conditions as well as those agreed between us.

(4) You indemnify us from any claims from third parties that are made against us and/or our vicarious agents due to possible culpable violations of the partner against its obligations—particularly arising from these terms and conditions—upon first request. You shall compensate us for any damage arising from claims made by third parties against us, including any legal and attorney fees incurred in defense. Otherwise, the statutory provisions apply.

(5) We have a right to reimbursement of expenses that we deem necessary under the circumstances and that we did not cause, particularly any expenses for the protection of the contract object, as well as a customary, appropriate fee.

§ 19 Place of Performance, Applicable Law, Language of the Contract, and Jurisdiction

(1) For all services from the contract, Konstanz is agreed as the place of performance.

(2) The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. If both you and we are merchants at the time of the conclusion of the contract and you have your registered office in Germany at the time of the conclusion of the contract, the exclusive jurisdiction is our registered office in Konstanz. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.

(3) The language of the contract is German unless otherwise agreed in writing. Any translated legal texts or documents are for better understanding only. In particular, regarding a contractual agreement as well as these terms and conditions, the privacy policy, or any other legal texts or documents, the German versions are legally binding; this applies particularly in cases of discrepancies or interpretation differences between such legal texts or documents.

(4) Regarding disputes with consumers, the EU Commission has created an internet platform for online dispute resolution—alternative dispute resolution under the ODR Regulation and § 36 VSBG. This platform serves as a point of contact for the out-of-court settlement of disputes arising from contractual obligations resulting from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr

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

§ 20 Final Provisions

(1) Changes and additions to these terms and conditions must be made in writing, and we reserve the right to do so. Changes require that you are not unreasonably disadvantaged, that there is no breach of good faith, and that the change is not objected to. In the event of a change, notification will be made via one of the communication channels—particularly by email—two months before the effective date. The change will take effect unless you object within this period—after which the amended terms will be valid.

(2) Assignment of this contract to another company is reserved. It becomes valid one month after sending an assignment notification via one of our communication channels—particularly by email—to you. In the event of an assignment, you have a right to terminate, which applies one month after receipt of the assignment notification. All rights granted to us are also granted to our legal successors.

(3) If any individual provisions of these terms and conditions are found to be invalid, the legal effectiveness of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes closest to the intended economic purpose.

Terms and Conditions

Chérisy Hotel Konstanz

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