Terms of Use

I. Scope

1. These terms and conditions apply to contracts for the rental of holiday apartments for accommodation as well as all other related services and deliveries provided by Baltic Ostseepension UG, hereinafter referred to as the "Pension" (accommodation contract). The term "accommodation contract" encompasses and replaces the following terms: guest accommodation, hotel accommodation, hotel or hotel room contract.

2. The subletting or re-letting of the rented apartments as well as their use for purposes other than accommodation is generally not permitted. If an exception is granted in individual cases for use other than accommodation purposes, this requires the written form to be effective.

3. The customer's general terms and conditions shall only apply if this has been expressly agreed in writing.

II. Contract Conclusion, Contracting Parties

The contracting parties are the Pension and the customer. The contract is concluded by the Pension's acceptance of the customer's booking. The Pension is free to confirm the booking of the apartment in writing.

III. Services, Prices, Payment, Offsetting

1. The Pension is obligated to provide the booked apartment and the agreed services.

2. The customer is obligated to pay the agreed or applicable prices of the Pension for the rental of the apartment and any additional services used. This also applies to services arranged by the customer directly or through the Pension, which are provided by third parties and paid for by the Pension.

3. The agreed prices include the taxes and local charges applicable at the time of contract conclusion. Local charges that the customer is liable for according to local regulations, such as visitor's tax, are not included. In case of changes to the statutory value-added tax or the introduction, change or abolition of local charges on the service after contract conclusion, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between contract conclusion and performance exceeds four months.

4. The Pension may make its consent to a subsequent reduction in the number of booked apartments, the Pension's services or the customer's length of stay requested by the customer contingent upon a reasonable increase in the price for the apartments and/or other services of the Pension.

IV. Due Date, Payment

1. Unless otherwise agreed in writing, the accommodation charges plus the fee for final cleaning, and in case a free cancellation right has been granted, the additional fee for this, are due in advance and payable upon contract conclusion.

2. The visitor's tax to be paid by the guest for the duration of the stay must be paid by the customer before arrival.

3. For all other due date agreements:

  1. Invoices from the Pension are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment must be made within ten days of receipt of the invoice without deduction, unless otherwise agreed.
  2. The Pension is entitled to request a reasonable advance payment or security, e.g. in the form of a credit card guarantee, from the customer upon contract conclusion. The amount of the advance payment and the payment dates may be agreed in writing in the contract. In case of default in payment by the customer, the statutory provisions shall apply.
  3. In justified cases, e.g. customer's payment arrears or extension of the contract scope, the Pension is entitled to demand an advance payment or security in the sense of the preceding clause IV. 2. b) or an increase in the agreed advance payment or security up to the full agreed remuneration, even after contract conclusion until the start of the customer's stay.
  4. Furthermore, the Pension is entitled to demand a reasonable advance payment or security in the sense of the preceding clause IV. 2. b) for existing and future claims arising from the contract at the beginning and during the stay, insofar as such has not already been provided in accordance with the preceding clauses IV. 2. b) and/or IV. 2. c).
  5. The customer may only offset or set off an undisputed or legally binding claim against a claim of the Pension.
  6. The customer agrees that the invoice may be sent to them electronically.

V. Cancellation by the Customer (Cancellation, Termination) / Non-utilization of the Pension's Services

1. The customer may only cancel the contract concluded with the Pension if a cancellation right has been expressly agreed in the contract, a statutory cancellation right exists, or if the Pension expressly consents to the termination of the contract.

2. If the customer is granted a free cancellation right, an additional fee of 5% of the agreed remuneration will be charged.

3. If a date for free cancellation of the contract has been agreed between the Pension and the customer, the customer may cancel until this date without incurring payment or compensation claims by the Pension. The additional fee mentioned in the preceding clause V. 2 for the granted free cancellation right remains in effect and will not be refunded to the customer.

4. If no cancellation right has been agreed or has already expired, and there is no statutory cancellation or termination right, and the Pension does not consent to the termination of the contract, the Pension's claim to the agreed remuneration remains in effect despite non-utilization of the service. The Pension must offset the income from re-letting the apartment and the saved expenses. If the apartments are not re-let, the Pension may lump-sum the deduction for saved expenses. In this case, the customer is obligated to pay 90% of the contractually agreed price for the overnight stay with or without breakfast. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.

VI. Cancellation / Termination by the Pension

1. If an advance payment or security agreed or requested in accordance with clause IV. 2. b) or IV. 2. c) is not made even after expiry of a reasonable grace period set by the Pension, the Pension is also entitled to cancel the contract.

2. Furthermore, the Pension is entitled to extraordinarily cancel the contract for an objectively justified reason, in particular:

  • In case of force majeure or other circumstances beyond the Pension's control that make performance of the contract impossible;
  • If the apartments were culpably booked using misleading or false information or by concealing essential facts that were clearly decisive for the conclusion of the contract; the identity of the customer, solvency or purpose of the stay may be essential in this regard;
  • If the Pension has reasonable cause to assume that the use of the service may jeopardize the smooth operation of the business, safety or public reputation of the Pension, without this being attributable to the Pension's sphere of control or organizational sphere;
  • If the purpose or reason for the stay is illegal;
  • If there is a violation of the aforementioned clause I. 2.

3. The Pension's justified cancellation does not establish any claim for compensation by the customer.

VII. Provision, Handover and Return of Apartments

1. The customer does not acquire a claim to the provision of specific apartments, unless this has been expressly agreed in writing.

2. Booked apartments are available to the customer between 4:00 PM and 6:00 PM on the agreed arrival date. The customer has no claim to earlier or later provision.

3. On the agreed departure date, the Pension's apartments must be vacated by 10:00 AM at the latest. After this, the Pension may charge 50% of the full accommodation price (price according to the price list) for the contractually exceeding use until 6:00 PM, and 90% from 6:00 PM onwards, due to the delayed vacating of the apartment. This does not establish any contractual claims of the customer. The customer is free to prove that the Pension did not incur any or a significantly lower claim for usage compensation.

VIII. Liability of the Pension

1. For all other contractual and/or non-contractual claims for damages or claims for reimbursement of futile expenses, the Pension's liability is as follows:

  1. Liability is unlimited for damages resulting from injury to life, body or health, based on a negligent breach of duty by the Pension or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Pension.
  2. Unlimited for damages resulting from intent, gross negligence or the lack of a quality guaranteed by the Pension;
  3. In the case of a simple breach of duty, liability is limited to foreseeable, typical contractual damages. Typical contractual duties are those duties that enable the proper performance of the contract and on whose fulfillment the customer relies and may rely;
  4. For property and financial losses not covered by c), the Pension is only liable in the event of intent or gross negligence by the Pension or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Pension.
  5. For items brought in, the Pension is liable to the customer in accordance with the statutory provisions. The Pension recommends using the safe in the apartment. If the customer wishes to bring in cash, securities and valuables worth more than €800.00 or other items worth more than €3,500.00, a separate safekeeping agreement with the Pension is required.
  6. For all other damages not regulated elsewhere in this clause VIII. 1, liability is excluded.
  7. The Pension is not liable for damages resulting from the breach of supervisory duties, unless one of the aforementioned cases of extended liability also applies.

2. Further claims for damages are excluded, unless otherwise regulated in this clause VIII. 1.

IX. Customer's Duty to Mitigate Damages

If there are any disruptions or defects in the Pension's services, the Pension will endeavor to remedy the situation upon becoming aware or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to rectify the disruptions and minimize any possible damage.

X. Statute of Limitations

Claims by the customer for damages or reimbursement of futile expenses become statute-barred within one year. The statutory commencement of the limitation period applies. This does not include claims for damages due to injury to life, body or health, claims for damages due to grossly negligent or intentional acts by the Pension, a legal representative or vicarious agent of the Pension, fraud, lack of a guaranteed quality, and liability under the Product Liability Act. In these cases, the statutory limitation periods apply.

XI. Final Provisions

1. Amendments and supplements to the contract, acceptance of the offer or these General Terms and Conditions should be made in writing. Unilateral amendments or supplements are invalid.

2. Place of performance and payment as well as exclusive place of jurisdiction – including for disputes involving checks and bills of exchange – is Rostock for commercial transactions. If the customer meets the requirements of § 38 (2) of the Code of Civil Procedure and does not have a general place of jurisdiction in Germany, Rostock shall be the place of jurisdiction.

3. The law of the Federal Republic of Germany applies.

4. In accordance with statutory obligations, the Pension points out that the European Union has established an online platform for the out-of-court settlement of consumer disputes (OS platform): http://ec.europa.eu/consumers/odr/ However, the Pension does not participate in dispute resolution proceedings before consumer arbitration boards.