Boardinghouse Villa Viktoria

These terms and conditions apply to contracts for the rental of apartments for accommodation purposes, as well as all related services and deliveries provided by Preschl Gastronomie GmbH & Co. KG (Hotel – Hotel Accommodation Contract). They do not apply to package travel as defined in Section 651a of the German Civil Code (BGB). The term “Hotel Accommodation Contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, and hotel room contracts.

The subletting or re-letting of the provided rooms/apartments or their use for purposes other than accommodation is not permitted unless Preschl Gastronomie GmbH & Co. KG has given prior consent, with Section 540 Paragraph 1 Sentence 2 BGB not applying insofar as the customer is not a consumer. If the customer permits a third party to use the rooms/apartments, the customer is liable for any fault attributable to the third party during the use, even if Preschl Gastronomie GmbH & Co. KG has granted consent for such use. As a rule, the prerequisite for consent is that the third party joins this contract as an additional debtor for the customer’s obligations.

If the customer orders contractual services not only for themselves but also for their employees, staff, or other third parties attributable to them, the customer must ensure that these individuals also comply with the following terms and conditions.

General terms and conditions of the customer shall only apply if explicitly agreed in text form.

The Hotel is obligated to make the rooms/apartments booked by the customer available and to provide the agreed services.

The customer is obligated to pay the agreed or applicable prices for the room rental and any other services utilized. This also applies to services directly ordered by the customer or through the Hotel that are provided by third parties and paid for by the Hotel.

The agreed prices are inclusive of taxes and local charges applicable at the time of the contract’s conclusion. Local taxes owed by the guest under municipal law, such as city tax, are not included. If the statutory VAT or the introduction, change, or removal of local taxes on the services is modified after the conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this applies only if the period between the contract conclusion and its fulfillment exceeds four months.

If payment by invoice has been agreed, payment shall be made within fourteen days from receipt of the invoice without deductions, unless otherwise agreed.

The Hotel is entitled to demand an appropriate advance payment or security deposit, such as a credit card guarantee, upon conclusion of the contract. The amount of the advance payment and the payment deadlines may be agreed upon in the contract in text form. In case of delay in payment by the customer, the statutory regulations apply.

In justified cases, such as payment arrears by the customer or an expansion of the contract’s scope, the Hotel is entitled to demand an advance payment or security deposit as described in Section 3.5, or to increase the advance payment or security deposit agreed upon in the contract, up to the full agreed amount, even after the contract has been concluded but before the start of the stay.

The Hotel is also entitled to request an appropriate advance payment or security deposit for existing and future claims under the contract at the start of or during the stay, if such has not already been provided under Section 3.5 and/or Section 3.6.

The customer may only offset or reconcile an undisputed or legally established claim against a claim of the Hotel.

The customer agrees that the invoice can be sent to them electronically.

The customer may unilaterally withdraw from the contract with the Hotel only if a right of withdrawal has been explicitly agreed upon in the contract or if there is a statutory right of withdrawal or termination.

If a free cancellation period has been agreed between the Hotel and the customer, the customer can withdraw from the contract up until that time without triggering any payment or compensation claims from the Hotel. The customer’s right of withdrawal expires if it is not exercised in writing by the agreed date.

If no right of withdrawal has been agreed upon or if the right has already expired, and there is no statutory right of withdrawal or termination, the Hotel retains the right to claim the agreed compensation despite the non-utilization of the services.

If it has been agreed that the customer may cancel the contract within a specified period without charge, the Hotel is entitled to cancel the contract within this period if inquiries from other customers are made regarding the contracted rooms, and the customer does not waive their right of cancellation after being asked by the Hotel with a reasonable deadline. This also applies in the case of an option being granted, when other inquiries are made, and the customer is not willing to make a firm booking upon request from the Hotel with a reasonable deadline.

If a required advance payment or security deposit, as agreed under sections 3.5 and/or 3.6, is not made even after the expiry of a reasonable grace period set by the Hotel, the Hotel is also entitled to cancel the contract.

Furthermore, the Hotel is entitled to cancel the contract extraordinarily for a justifiable reason, particularly if – force majeure or other circumstances beyond the Hotel’s control make the fulfillment of the contract impossible; – rooms or spaces are booked with misleading or false information, or by concealing essential facts; important facts may include the identity of the customer, payment ability, or the purpose of the stay; – the Hotel has justified cause to believe that the use of its services could endanger the smooth operation, safety, or reputation of the Hotel in the public eye, and such concerns cannot be attributed to the Hotel’s control or management; – the purpose or reason for the stay is illegal; – a violation of section 1.2 occurs.

The valid cancellation by the Hotel does not entitle the customer to any compensation. Should a claim for damages arise in the event of cancellation under sections 5.2 or 5.3, the Hotel may claim this as a lump sum. Section 4.3 applies accordingly.

The house rules are an integral part of the contract. Rooms / apartments may only be occupied by the number of people specified in the reservation confirmation. In case of overbooking, the Hotel has the right to refuse excess persons or request a reasonable compensation fee. Unregistered persons and pets arriving – even if only for a single overnight stay – are subject to the registration requirement. Every guest is obligated to treat the accommodation, including the inventory, and the common areas with care. The guest is also obliged to compensate for any damages caused during their stay due to their own fault or that of their companions and guests. If the guest or accompanying persons persistently neglect the care of the rooms/apartments despite warnings from the Boardinghouse Villa Viktoria and behave in such a way that immediate termination of the contract is justified, the retention of the price, minus the value of saved expenses and any benefits gained from reusing the unused services, is justified.

The customer has no right to request the provision of specific rooms, unless this has been explicitly agreed upon in writing.

The booked rooms will be available to the customer from 3:00 PM on the agreed check-in day. The customer has no right to earlier access.

Before the start of the stay, the customer will receive an individual room code via SMS and email instead of a key. With this code, valid for the entire duration of the stay, the customer will have access to the building via the main entrance door and to their room. For long-term stays lasting longer than 29 days, the customer will automatically receive a new code every 29th day of use.

On the agreed check-out day, the rooms must be vacated and made available to the hotel by 12:00 PM at the latest. If the room is not vacated on time, the hotel may charge for an additional night due to the delayed vacancy (price according to the price list). This does not create any contractual claims for the customer. The customer is free to prove that no additional usage fee or a significantly lower claim for usage has been incurred by the hotel.

Upon departure, the room or apartment must be left tidy. The dishes should either be washed or placed in the dishwasher, and the trash must be disposed of or placed properly for pickup.

Final cleaning is an inclusive service and will be performed by the staff of the Boardinghouse Villa Viktoria. If significant additional effort is required for final cleaning due to non-compliance with section 6.5, the Boardinghouse Villa Viktoria has the right to charge for the additional costs.

The customer is not permitted to make installations or alterations, or to make any aesthetic, structural, or technical changes to the premises. In such cases, the hotel is entitled to withdraw from the contract in accordance with clause 5.3 and charge the customer for the additional costs required to restore the premises to their original state.

Smoking is strictly prohibited in all buildings of Villa Viktoria Ingolstadt. If illegal actions are detected, we may impose fines and charge the customer for the additional cleaning costs as outlined in clause 6.6.

In principle, letters can be sent to the Villa Viktoria boarding houses. Since we only have one mailbox per house, the letters will be placed in your apartment by our staff.

Unfortunately, our staff is unable to receive packages. We kindly ask that you be present in your apartment for the delivery of larger packages.

If letters or packages are delivered after departure, forwarding will only take place at the explicit request of the customer and at the customer’s expense.

The hotel is liable for damages caused by its fault that result in injury to life, body, or health. It is also liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel, or from an intentional or negligent violation of contractual duties that are typical for the contract. Contractual duties are those duties that make the proper execution of the contract possible and that the customer can rely on. A breach of duty by the hotel is equivalent to that of its legal representatives or vicarious agents. Further claims for damages are excluded unless otherwise provided in this section 9. If disturbances or defects occur in the hotel’s services, the hotel will, upon knowledge or immediate complaint by the customer, make efforts to rectify the issue. The customer is obliged to contribute to the resolution of the disturbance and minimize possible damage to the extent reasonable.

For items brought into the hotel, the hotel is liable to the customer according to legal provisions. The hotel recommends the use of the hotel or room safe. 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 storage agreement with the hotel is required.

If a parking space in the hotel garage or hotel parking lot is provided to the customer, even for a fee, this does not create a storage contract. In the event of loss or damage to motor vehicles and their contents parked or maneuvered on the hotel property, the hotel is liable only in accordance with the provisions of section 9.1, sentences 1 to 4.

When using our rental bicycles, the guest assumes full responsibility. The guest or an accompanying adult person must inspect the rental bicycles before use. The use of rental bicycles by children is only permitted when accompanied by an adult. The hotel is only liable for accidents that occur while cycling if the hotel is at fault.

Änderungen und Ergänzungen des Vertrages, der Antragsannahme oder dieser Allgemeinen Geschäftsbedingungen sollen in Textform erfolgen. Einseitige Änderungen oder Ergänzungen sind unwirksam.

Erfüllungs- und Zahlungsort sowie ausschließlicher Gerichtsstand – auch für Scheck- und Wechselstreitigkeiten – ist im kaufmännischen Verkehr Ingolstadt. Sofern der Kunde die Voraussetzung des § 38 Absatz 2 ZPO erfüllt und keinen allgemeinen Gerichtsstand im Inland hat, gilt als Gerichtsstand Ingolstadt.

Es gilt deutsches Recht. Die Anwendung des UN-Kaufrechts ist ausgeschlossen. Allgemeine Geschäftsbedingungen für den Hotelaufnahmevertrag (AGBH 8.1) © Hotelverband Deutschland (IHA) e.V. Seite 8

Entsprechend der gesetzlichen Verpflichtung weist das Hotel darauf hin, dass die Europäische Union eine Online-Plattform zur außergerichtlichen Beilegung von verbraucherrechtlichen Streitigkeiten („OS-Plattform“) eingerichtet hat: http://ec.europa.eu/consumers/odr/

Das Hotel nimmt jedoch nicht an Streitbeilegungsverfahren vor Verbraucherschlichtungsstellen teil.