Terms and Conditions

This English text is a convenience translation. The German version of these terms and conditions is the legally binding one; in the event of any discrepancy, the German version shall prevail.

I. Scope

1. These terms and conditions apply to contracts for the temporary, paid provision of rooms for accommodation, as well as to all further services and supplies provided to the customer by Boardinghouse Schumann GmbH.
2. The subletting or further letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of Boardinghouse Schumann GmbH, whereby Section 540(1), second sentence, of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
3. The customer's general terms and conditions apply only if this has been expressly agreed in writing in advance.
4. Should the promised room not be available, Boardinghouse Schumann GmbH is entitled to provide equivalent alternative accommodation, without the customer being able to derive any claims from this.

II. Conclusion of contract, contracting parties, limitation period

1. The contract is concluded upon acceptance of the customer's request by Boardinghouse Schumann GmbH. Boardinghouse Schumann GmbH is free to confirm the booking in writing.
2. The contracting parties are exclusively Boardinghouse Schumann GmbH and the customer. If a third party has placed the order on behalf of the customer, that party is liable to Boardinghouse Schumann GmbH together with the customer as joint and several debtors for all obligations arising from the boardinghouse accommodation contract, provided that Boardinghouse Schumann GmbH has a corresponding declaration from the third party.
3. All claims against Boardinghouse Schumann GmbH generally become time-barred one year after the start of the statutory limitation period. Claims for damages become time-barred after five years, irrespective of knowledge, insofar as they are not based on injury to life, body, health or liberty. The shortened limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the boardinghouse.

III. Services, prices, payment, set-off

1. Boardinghouse Schumann GmbH is obliged to keep the rooms booked by the customer available and to provide the agreed services. The customer does not thereby acquire any claim to the provision of specific rooms.
2. The customer is obliged to pay the applicable or agreed prices of Boardinghouse Schumann GmbH for the provision of the room and for the further services used. This also applies to services and expenses of Boardinghouse Schumann GmbH to third parties arranged by the customer. The agreed prices include the respective statutory value-added tax.
3. Boardinghouse Schumann GmbH may make its consent to a subsequent reduction requested by the customer in the number of booked rooms, the services of Boardinghouse Schumann GmbH or the customer's length of stay conditional upon an increase in the price for the rooms and/or for the other services of Boardinghouse Schumann GmbH.
4. Invoices issued by Boardinghouse Schumann GmbH are due immediately upon receipt of the invoice without deduction. Unless advance payment has been agreed, the invoice amount is due for payment without deduction upon arrival or at the start of the provision of services. Boardinghouse Schumann GmbH may demand immediate payment of due claims from the customer at any time. In the event of late payment, Boardinghouse Schumann GmbH is entitled to charge the applicable statutory default interest, currently 9 percentage points, or 5 percentage points above the base rate in the case of legal transactions involving a consumer. Boardinghouse Schumann GmbH reserves the right to prove higher damages.
5. Boardinghouse Schumann GmbH is entitled, upon conclusion of the contract, to demand a reasonable advance payment or security in the form of a credit card guarantee, a deposit or similar. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In the case of advance payments or security for package travel, the statutory provisions remain unaffected.
6. In justified cases, e.g. payment arrears of the customer or an extension of the scope of the contract, Boardinghouse Schumann GmbH is entitled, even after conclusion of the contract and up to the start of the stay, to demand a security within the meaning of No. 5 above or an increase of the advance payment or security agreed in the contract up to the full agreed remuneration.
7. Boardinghouse Schumann GmbH is further entitled to demand from the customer, at the start of and during the stay, a reasonable advance payment or security within the meaning of No. 5 above for existing and future claims under the contract, insofar as such has not already been provided under Nos. 5 and/or 6 above.
8. The customer may only set off or reduce against a claim of Boardinghouse Schumann GmbH with an undisputed or legally established claim.

IV. Duration of the contract

1. The contracting parties agree that this concerns the provision of the room for temporary use only, and that the contract therefore ends on the date of departure without the need for notice of termination.
2. Boardinghouse Schumann GmbH points out that the rooms provided are in no case made available permanently and therefore never for an ordinary place of residence.
3. The customer acknowledges this and warrants that they neither intend, demand nor carry out such use. If the customer concludes this contract for use by persons other than themselves, the customer ensures that the user(s) of the room are informed of this requirement, respect it and take appropriate measures.
4. No option to extend the contract term is agreed. If the customer nevertheless wishes to continue using the room, a new accommodation contract will be negotiated separately. Any such new accommodation contract bears no connection to the original contract.
5. Boardinghouse Schumann GmbH has the right to request suitable evidence of the customer's place of residence and habitual abode and to archive it with the reservation documents.

V. Withdrawal by the customer (i.e. cancellation), non-use of services of Boardinghouse Schumann GmbH

1. Withdrawal by the customer from the contract concluded with Boardinghouse Schumann GmbH requires the consent of Boardinghouse Schumann GmbH in text form. If this is not given, the agreed contract price must be paid even if the customer does not make use of the contractual services.
2. Where a date for free withdrawal from the contract has been agreed in text form between Boardinghouse Schumann GmbH and the customer, the customer may withdraw from the contract up to that date without triggering any payment or damage claims by Boardinghouse Schumann GmbH. The customer's right of withdrawal lapses if they do not exercise their right of withdrawal vis-à-vis Boardinghouse Schumann GmbH in text form by the agreed date.

3. A booking is binding. A cancellation by the customer requires confirmation by Boardinghouse Schumann GmbH in text form. For rooms not used by the customer, Boardinghouse Schumann GmbH must credit the income from letting the rooms to others as well as the expenses saved. If the rooms are not let to others, Boardinghouse Schumann GmbH may demand the contractually agreed remuneration and apply a flat-rate deduction for expenses saved by Boardinghouse Schumann GmbH. In this case the customer is obliged to pay compensation in accordance with the following cancellation conditions:

   Bookings of 1–3 nights (short stay):

   • cancellation up to 5 days before the planned arrival: free of charge
   • cancellation up to 1 day before arrival: 50% of the contractually agreed price
   • cancellation on the day of arrival, as well as early departure: 90% of the contractually agreed price

   Bookings of 4–14 nights (short stay):

   • cancellation up to 10 days before the planned arrival: free of charge
   • cancellation up to 5 days before arrival: 50% of the contractually agreed price
   • cancellation on the day of arrival, as well as early departure: 90% of the contractually agreed price

   Bookings of 15–29 nights (long stay):

   • cancellation up to 15 days before the planned arrival: free of charge
   • cancellation up to 10 days before arrival: 30% of the contractually agreed price
   • cancellation up to 5 days before arrival: 50% of the contractually agreed price
   • cancellation on the day of arrival, as well as early departure: 90% of the contractually agreed price

   Bookings of 30 nights or more:

   • cancellation up to 20 days before the planned arrival: 20% of the contractually agreed price
   • cancellation up to 15 days before arrival: 30% of the contractually agreed price (max. for one month)
   • cancellation up to 10 days before arrival: 50% of the contractually agreed price (max. for one month)
   • cancellation up to 5 days before arrival: 75% of the contractually agreed price (max. for one month)
   • cancellation on the day of arrival, as well as early departure: 90% of the agreed price (max. for one month)

   The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount demanded.

4. Separate cancellation conditions apply to individual or group overnight stays during trade fair and event periods. Free cancellation is possible up to 12 weeks before arrival; thereafter 100% of the total amount will be charged.

VI. Withdrawal by Boardinghouse Schumann GmbH

1. Where a right of free withdrawal by the customer within a specified period has been agreed in writing, Boardinghouse Schumann GmbH is, for its part, entitled during that period to withdraw from the contract if there are enquiries from other customers for the contractually booked rooms and the customer, upon enquiry by Boardinghouse Schumann GmbH, does not waive their right of withdrawal.
2. If an advance payment or security requested in accordance with Section III Nos. 5 and/or 6 is not provided even after the expiry of a reasonable grace period set by Boardinghouse Schumann GmbH, Boardinghouse Schumann GmbH is likewise entitled to withdraw from the contract.

3. Furthermore, Boardinghouse Schumann GmbH is entitled to withdraw from the contract extraordinarily for objectively justified cause, for example if:

   • force majeure or other circumstances for which Boardinghouse Schumann GmbH is not responsible make it impossible to fulfil the contract;
   • rooms are booked with misleading or false statements of material facts, e.g. regarding the identity of the customer or the purpose of their stay;
   • Boardinghouse Schumann GmbH has justified reason to believe that the use of the service of Boardinghouse Schumann GmbH may jeopardise the smooth operation of the business, the security or the public reputation of Boardinghouse Schumann GmbH, without this being attributable to the sphere of control or organisation of Boardinghouse Schumann GmbH;
   • the purpose or occasion of the stay is unlawful;
   • there is a breach of Section I No. 2 above.
4. In the event of justified withdrawal by Boardinghouse Schumann GmbH, the customer has no claim to damages.

VII. Provision, handover and return of rooms

1. The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed in text form.
2. Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no claim to earlier provision.
3. On the agreed day of departure, the rooms must be made available to Boardinghouse Schumann GmbH, vacated, by 10:00 a.m. at the latest. After that, on account of the delayed vacating of the room, Boardinghouse Schumann GmbH may charge 50% of the full lodging price (list price) for its use beyond the contract until 6:00 p.m., and 100% from 6:00 p.m. This does not give rise to any contractual claims of the customer. The customer is free to prove that Boardinghouse Schumann GmbH incurred no claim, or a substantially lower claim, to a usage fee.
4. The customer is obliged to handle the rooms with care. Boardinghouse Schumann GmbH reserves the right to claim damages for defects caused by the customer. This generally concerns the condition of the furniture provided, water and fire damage caused in the room provided and the resulting consequences, damage caused by keeping animals, and general damage caused negligently or intentionally that goes beyond normal wear and tear.

VIII. Liability of Boardinghouse Schumann GmbH

1. Boardinghouse Schumann GmbH is liable for its obligations under the contract. The customer's claims for damages are excluded. Excepted from this are damages arising from injury to life, body or health if Boardinghouse Schumann GmbH is responsible for the breach of duty; other damages based on an intentional or grossly negligent breach of duty by Boardinghouse Schumann GmbH; and damages based on an intentional or negligent breach of duties typical of the contract by Boardinghouse Schumann GmbH. A breach of duty by Boardinghouse Schumann GmbH is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects occur in the services of Boardinghouse Schumann GmbH, Boardinghouse Schumann GmbH will endeavour to provide a remedy upon becoming aware of them or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and to keep any possible damage to a minimum.
2. Boardinghouse Schumann GmbH is liable to the customer for items brought in, in accordance with the statutory provisions. If the customer wishes to bring in money, securities and valuables worth more than 800 euros or other items worth more than 3,500 euros, a separate safekeeping agreement with Boardinghouse Schumann GmbH is required.
3. Insofar as a parking space in a garage or in a car park of Boardinghouse Schumann GmbH is made available to the customer, even for a fee, this does not constitute a safekeeping contract. Boardinghouse Schumann GmbH is not liable for the loss of or damage to motor vehicles parked or manoeuvred on the property of Boardinghouse Schumann GmbH and their contents, except in cases of intent or gross negligence. No. 1, sentences 2 to 4 above apply accordingly. The conditions of use for above-ground parking spaces are attached.

IX. Inventory, use of parking space and house rules

1. An inventory list and the house rules of Boardinghouse Schumann GmbH are displayed in each room. These form part of the accommodation contract and are accepted by the customer. Upon conclusion of the contract, the customer has the opportunity to check the inventory list for completeness.
2. The customer undertakes to comply with the house rules when using the rooms. Damage or defects in the rooms provided must be reported to Boardinghouse Schumann GmbH without delay. Should damage to items or incompleteness be discovered before or upon the customer's departure, the customer is liable unless they can prove that they are not responsible for it.
3. The customer is aware of and accepts the conditions of use of Boardinghouse Schumann GmbH for above-ground parking spaces.
4. The house rules and the conditions of use are published on the website of Boardinghouse Schumann GmbH and can also be viewed at, or are displayed for inspection at, the reception.
5. The customer is not permitted to carry out any installations or to make any design, structural or technical changes to the rooms.
6. With the exception of a coffee machine and a kettle, the use of further electrical kitchen appliances not already present in the room is not permitted.
7. Smoking is not permitted in the rooms, in the corridors, in the stairwell or in the laundry room. The smoking ban throughout the building serves primarily fire safety. Smoking is possible in front of the main entrance, in the courtyard and on the terraces on the 2nd floor. In the event of a breach of the strict smoking ban in the rooms, we will charge a flat-rate compensation of EUR 250.00.

8. We inform all customers and visitors of our boardinghouse that we operate a video surveillance system. This is done exclusively for the following reasons:

   1. protection of our employees
   2. prevention of theft or other criminal offences
   3. investigation of accidents on the premises

   Our video surveillance system covers the following areas: all public areas within the building to which customers and visitors have free access (entrance area, corridors, stairwells). Of course, there is no video surveillance inside the rooms provided or in sanitary facilities. Recording is continuous (24 hours a day) and is deleted after 356 days.

X. Final provisions

1. Amendments or additions to the contract, the acceptance of the request or these terms and conditions for boardinghouse accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.
2. The place of performance and payment is 85057 Ingolstadt.
3. The exclusive place of jurisdiction – including for disputes concerning cheques and bills of exchange – is, in commercial dealings, the registered office of Boardinghouse Schumann GmbH. If a contracting party meets the requirements of Section 38(2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the registered office of Boardinghouse Schumann GmbH applies as the place of jurisdiction.
4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and of the conflict-of-laws rules is excluded.
5. Should individual provisions of these general terms and conditions for boardinghouse accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions apply.

Boardinghouse Schumann GmbH · Schumannstraße 21 · 85057 Ingolstadt · info [at] hotel-schumann [dot] de