GENERAL RENTAL
TERMS AND CONDITIONS
OF SERVENTO BOARDINGHOUSE GmbH

Status 07/2023

1. Validity of these terms and conditions

1.1 SERVENTO BOARDINGHOUSE concludes Boarding House contracts with tenants. The object of a Boarding House contract is the letting of furnished apartments with or without a parking space for a limited rental period. The rented apartment including furnishing and the, if applicable, rented parking space shall be referred to in these Boarding House - General Terms and Conditions as rental object.

1.2 These General Rental Terms and Conditions apply to the letting and the entire business relationship owing to the implementation of the Boarding House Contract between SERVENTO BOARDINGHOUSE and the tenant as well as users of rental objects.

1.3 These General Rental Terms and Conditions shall apply until the announcement of new Business Terms and Conditions also to all further Boarding House Contracts concluded with the tenant. 

1.4 Own contractual terms and conditions of the tenant are not binding towards SERVENTO BOARDINGHOUSE, unless they have been individually negotiated in detail between the parties. 

2. Conclusion of the Boarding House Contract

2.1 Offers of SERVENTO BOARDINGHOUSE are without obligation and non-binding until the conclusion of a contract.

2.2 The contract shall be concluded with the acceptance of the booking of the tenant by the booking confirmation on the part of SERVENTO BOARDINGHOUSE, which shall be carried out in a text form. 

3. The rent

3.1 The rent shall be determined according to the price list of SERVENTO BOARDINGHOUSE announced at the time of the booking. The rents and prices shown therein shall apply including the respectively applicable statutory value added tax. If a price was assured in the booking confirmation, then this shall be decisive. 

3.2 The rent is deemed including the taxes and duties applicable at the time when the contract was concluded. Local duties, which according to the municipal law are owed by the tenant himself are not included, e.g. visitor’s tax, second residence tax, etc..

3.3 For services, which are provided more than 4 months after conclusion of the contract, the rent can then be modified if the value added tax is increased or if cost increases have occurred in the hospitality sector. The modification is possible upwards and downwards and can be requested by both parties. The adjustment shall be carried out by SERVENTO BOARDINGHOUSE at its reasonable discretion (Section 315 German Civil Code [Bürgerliches Gesetzbuch - BGB]). The rent can this way be increased or reduced by a maximum of 10%. 

3.4 The rent is to be paid at the latest 14 days after invoicing, in any case however before the start of the rental period, unless monthly payments were explicitly agreed in an individual case. Agreed monthly payments are to be paid monthly in advance, at the latest as of the 1st workday of a month, free of charge into the account of SERVENTO BOARDINGHOUSE.

3.5 The tenant is only entitled to offset if the counterclaim, on which he supports his right, is undisputed or if this claim has been declared final and binding. The same shall apply to entrepreneurs within the meaning of Section 14 BGB to the assertion of rights of retention. 

4. Provision and departure

4.1 Booked apartments shall be available to the tenant on the first day of the rental period (day of arrival) from 3:00 p.m. The check-in can be carried out from 3:00 p.m. 24 hours a day.

4.2 There is no entitlement to provision of a certain apartment. If a certain apartment is promised in the booking confirmation SERVENTO BOARDINGHOUSE is at liberty to make an equivalent substitute available in the house. 

4.3 On the day of arrival, the user is obliged to prove his identity when checking in at the Check-In Machine and, insofar as not carried out with the booking already, as means of payment for the rent and other payment claims, to deposit the data of a valid EC or credit card with sufficient credit limit at SERVENTO BOARDINGHOUSE.

4.4 On the day of arrival the user is obliged to fully complete the registration certificate stipulated by law at the Check-In Machine with his personal details.

4.5 On the last day of the rental period (day of departure) the rental object must have been by cleared by 11:00 a.m. at the latest. In the event of delay with the clearance on the day of departure SERVENTO BOARDINGHOUSE can with a use of the rental object until 6:00 p.m. charge 50% of the full overnight price, with a use from 6:00 p.m. 90% of the full overnight price per day. Contractual claims of the tenant, in particular a claim for further use of the rental object, shall not be substantiated hereby. The tenant is at liberty to prove that the hotel has not suffered any damages or substantially less damages. 

4.6 An extension of the stay beyond the period of time agreed in the Boarding House Contract is only possible after a prior extension agreement with SERVENTO BOARDINGHOUSE. If the tenant continues to use the apartment after the end of the agreed rental period, the tenancy shall not be deemed as tacitly extended. An extension agreement should be carried out at least 14 days before the end of the contract and shall require the confirmation in a text form by SERVENTO BOARDINGHOUSE. If the tenant does not return the apartment after the end of the tenancy and continues the use SERVENTO BOARDINGHOUSE can request the agreed rent for the duration of the retention or the local rent, which is customary for comparable objects. The assertion of further damages is not excluded. 

5. Use of the rental object

5.1 Apartments may only be used by the tenant for residential purposes. Parking spaces as well as furniture and other inventory provided by SERVENTO BOARDINGHOUSE may only be used as intended. 

5.2 If the rental object is not used or not exclusively by the tenant, the tenant has to inform SERVENTO BOARDINGHOUSE before start of the rental period of the name, address and date of birth of the user(s).

5.3 Smoking is not permitted in the entire house, in the apartments or corridors, staircase. In case of infringement a flat rate of EUR 300 will be charged to the user insofar as no higher damages are suffered. The damages are to be estimated higher or lower if SERVENTO BOARDINGHOUSE proves higher damages or the tenant proves that lower or no damages were suffered at all.

5.4 In general, pets are not allowed in the SERVENTO Boardinghouse.

5.5 The taking of photographs as well as shooting of films for other than private purposes are forbidden in the entire object.

6. Garage use

6.1 The guarding and safekeeping of the vehicle with its contents and load is not part of the contract; the parking of the motor vehicle is at the own risk of the renter. SERVENTO BOARDINGHOUSE shall merely be liable according to Subclauses

6.2 to 6.10.

6.2 For the use of the parking bays and for the behaviour in the parking facility, the road traffic regulations shall apply in addition to these parking conditions.

6.3 The use of fire and smoking, the use for the storage of objects, the loading of the vehicle with operating materials not necessary for operation, such as rapidly combustible materials, the running of the engine without driving and the causing of disturbing noises of any kind are prohibited.

6.4 Traffic signs and signs in the parking facility must be observed.

6.5 Driving in the parking facility is only allowed at walking speed. The requirement to show consideration is to be complied with in case of the use of the multi-storey car park in any case.

6.6 The vehicle must be parked in the rented parking bay so that it is possible to park in and out of the neighbouring bays without hindrance at any time. In case of the non-compliance with this regulation SERVENTO BOARDINGHOUSE can bring the vehicle into the required position at the costs and risk of the renter.

6.7 It is forbidden to repair or clean the vehicle in the parking bay, on the roadways or ramps, or to fill or drain cooling water, operating fluids or oils.

6.8 Any soiling of the parking facility and its access and exit must be avoided and otherwise removed immediately.

6.9 The parking facility is to be used carefully and appropriately. The tenant shall be liable for all damages caused by him or the user due to negligence or wilful intent. Such damages are to be reported to SERVENTO BOARDINGHOUSE without delay.

6.10 SERVENTO BOARDINGHOUSE reserves the right to supplement and amend these parking conditions at any time. In the event of an amendment the updated terms of use shall be hung up by SERVENTO BOARDINGHOUSE for information in the parking facility

7. Subletting

Any subletting or further letting shall require the prior consent of SERVENTO BOARDINGHOUSE in a text form, whereby Section 540 Para. 1 Sentence 2 BGB is precluded, insofar as the customer is not a consumer within the meaning of Section 13 BGB. The occupation of the apartments with more than the booked number of persons shall require the prior consent of SERVENTO BOARDINGHOUSE in a text form.

8. Securities

If damages are determined to the rental object, which have been suffered by the culpable behaviour of the tenant, SERVENTO BOARDINGHOUSE is entitled to request provision of security from the tenant in the amount of the expected repair costs. After execution of the repair work SERVENTO BOARDINGHOUSE will settle immediately towards the tenant regarding the actually incurred repair costs.

9. Cancellation by the tenant 

9.1 The claim of SERVENTO BOARDINGHOUSE for the rent shall remain unaffected if the tenant does not use the rental object. If the tenant announces that it shall finally not use the rental object or will no longer use it from a certain, SERVENTO BOARDINGHOUSE is entitled, but not obliged to let the rental object otherwise, without this requiring a termination. SERVENTO BOARDINGHOUSE has then according to Subclause 9.4 to have the income from a letting otherwise offset. If the rental object is not let otherwise SERVENTO BOARDINGHOUSE hat to have flat rate saved expenses offset according to the following cancellation provisions.

9.2 The following terms and conditions shall apply to cancellations by the tenant:

In case of bookings up to 13 nights a cancellation of the complete booking is possible free of charge up to 8 days before the date of arrival. If the cancellation is carried out from the 8th day before arrival, a cancellation fee will be incurred of 80% of the costs for the total booking period. In case of no show without cancellation or cancellation on the day of arrival a cancellation fee will be incurred of 90% of the costs for the total booking period.

In case of bookings of 14-30 nights a cancellation of the complete booking is possible free of charge up to 14 days before the date of arrival. If the cancellation is carried out from the 13th day before the arrival or in case of no show without a cancellation a cancellation fee will be incurred of 80% of the costs for the total booking period.

In case of bookings of more than 30 nights a cancellation of the complete booking is possible free of charge up to 30 days before the date of arrival. If the cancellation is carried out from the 31st day before the arrival or in case of no show without a cancellation a cancellation fee will be incurred of 80% of the costs for a maximum of 31 nights.

9.3 Notwithstanding Subclause 9.2 the following cancellation terms and conditions shall apply to bookings of more than 3 apartments or bookings for trade fair and special periods of time, insofar as not otherwise agreed in the contract: A booking can be cancelled free of charge up to 30 days before the arrival. In the event of a cancellation from 29 days before the arrival a cancellation fee will be incurred of 80% of the costs for the total booking period. 

9.4 SERVENTO BOARDINGHOUSE will make an effort to allocate apartments that are not used otherwise. Insofar as SERVENTO BOARDINGHOUSE can provide cancelled services to third parties (hereinafter referred to as Substitute Tenant) in the agreed period of time, the cancellation fee shall be reduced as follows: The rent for the cancelled service shall be reduced by the amount, which the Substitute Tenant pays for the cancelled service, a maximum however by the rent for the cancelled service. On the basis of the thus reduced rent the cancellation fees shall be calculated according to Subclauses 9.2 to 9.3. The booking party is at liberty to prove that the aforementioned claim was not established or not in the requested amount.

9.5 Cancellations and comparable declarations are only effective if they are carried out in a text form.

10. Assignment

The assignment of claims and rights of the tenant against SERVENTO BOARDINGHOUSE to third parties may only be carried out with the consent of SERVENTO BOARDINGHOUSE in a text form e. This shall not apply to claims against SERVENTO BOARDINGHOUSE, which are aimed at money, or insofar as an interest of SERVENTO BOARDINGHOUSE, which is worthy of protection, does not exist in the assignment exclusion or an interest of the tenant, which is worthy of protection, outweighs that of SERVENTO BOARDINGHOUSE.

11. Rescission by SERVENTO BOARDINGHOUSE

11.1 Insofar as agreed that the tenant may rescind the contract free of charge within a certain deadline, SERVENTO BOARDINGHOUSE is entitled in this deadline on its part to rescind the contract if enquiries exist from other customers for contractually booked rooms and the tenant, when asked by SERVENTO BOARDINGHOUSE, does not waive his right to rescission.

11.2 SERVENTO BOARDINGHOUSE is entitled for objectively justified reasons to rescind the contract, in particular if

• the tenant does not satisfy due payment obligations in full despite the setting of a final deadline.
• force majeure, strike, interferences to business operation without its fault or other circumstances for which SERVENTO BOARDINGHOUSE is not responsible render the fulfilment of the contract unreasonable.
• SERVENTO BOARDINGHOUSE has a justified reason to assume that the overnight stay may endanger the smooth business operation, the safety or the reputation of SERVENTO BOARDINGHOUSE in public without this being attributed to the scope of control respectively of organisation of SERVENTO BOARDINGHOUSE.
• there is a case of prohibited subletting or further letting or use of the provided rooms.
• rooms are booked by the misleading or false provision of essential facts, e.g. in the person of the customer or the purpose; the identity of the customer, the insolvency or the purpose of the stay may be essential in this case.
• the purpose respectively the reason for the stay is illegal.

12. Liability of SERVENTO BOARDINGHOUSE

12.1 SERVENTO BOARDINGHOUSE shall be liable for objects brought into the premises according to the statutory provisions. The room safe is always to be used for storage of money, securities and other valuables. If an agreement is especially to be concluded between SERVENTO BOARDINGHOUSE and the tenant or the user regarding the storage of valuable objects then the tenant has to notify SERVENTO BOARDINGHOUSE at the latest upon conclusion of the storage agreement of the value of these objects.

12.2 Objects, which the tenant has left in the rooms of SERVENTO BOARDINGHOUSE will only be subsequently sent to him upon request, at the risk and costs of the tenant. SERVENTO BOARDINGHOUSE undertakes to store such objects for 4 weeks. After this time, the objects will, insofar as a clear value exists, be handed over to the local lost and found office. In all other cases these will be handed over to the finder against confirmation of receipt.

12.3 Insofar as a parking space is made available to the tenant above ground or in the underground car park (also against payment of a fee) no safekeeping contract shall be concluded hereby. In case of theft of or damage to vehicles parked on the property respectively in the underground car park SERVENTO BOARDINGHOUSE shall merely be liable according to Subclauses 12.4 to 12.9. SERVENTO BOARDINGHOUSE has no obligation to guard the parking spaces. 

12.4 Irrespective of the regulations in Subclauses 12.5 to 12.9 the liability of SERVENTO BOARDINGHOUSE for damages is excluded no matter of what kind. This exclusion shall not apply:

• for damages, which SERVENTO BOARDINGHOUSE caused by wilful intent or gross negligence,
• in cases of slight negligence for damages, which are a result of an injury to life, the body or the health,
• for damages, which are the result of a breach of essential contractual obligations by SERVENTO BOARDINGHOUSE.

Essential contractual obligations are all obligations, the fulfilment of which renders the proper implementation of the contract possible at all.

12.5 In the cases of negligent breach of essential contractual obligations the liability of SERVENTO BOARDINGHOUSE – with the exception of injuries to life, the body or the health– is however limited to those damages that are typical for the contract, which were foreseeable for SERVENTO BOARDINGHOUSE upon conclusion of the contract or when the breach of obligation was committed. 

12.6 The statute of limitations for all claims of the customer is one year. This shall not apply in case of claims for damages and with other claims, insofar as the latter are a result of a wilful or grossly negligent breach of obligation by SERVENTO BOARDINGHOUSE.

12.7 The aforementioned regulations for the liability of SERVENTO BOARDINGHOUSE shall also apply with the breach of obligations in the initiation of a contract by SERVENTO BOARDINGHOUSE.

12.8 The aforementioned liability exclusions and limitations shall also apply to the liability of SERVENTO BOARDINGHOUSE for employees, vicarious agents and bodies under company law of SERVENTO BOARDINGHOUSE.

12.9 The aforementioned liability exclusions and limitations shall not apply to claims according to the German Product Liability Act [Produkthaftgesetz], insofar as the assumption of liability is accordingly mandatory.

13. Liability/obligations of the tenant and user

13.1 If through negligent or wilful misconduct of the tenant or user a false or fire alarm with the thus resulting damages are caused for SERVENTO BOARDINGHOUSE (e.g. by the fire service operation, room damages, etc.), the tenant is obliged to pay flat rate damages in the amount of EUR 3,000.00. The damages are to be estimated higher or lower if SERVENTO BOARDINGHOUSE proves higher damages or the tenant proves that less or no damages were suffered at all.

13.2 The user is obliged to report a damage to his apartment including furnishing, the garage, as well as his parking space to SERVENTO BOARDINGHOUSE without delay. 

13.3 If the tenant is not at the same time the user, then the booking tenant and the user shall be liable towards SERVENTO BOARDINGHOUSE as joint and several debtors for all damages caused by the user due to wilful intent or negligence. 

14. Place of performance, place of jurisdiction, applicable law

14.1 The place of performance and payment is Erlangen. The registered seat of the company is in Nuremberg.

14.2 In commercial transactions the exclusive place of jurisdiction of SERVENTO BOARDINGHOUSE is in Nuremberg. This shall also apply in the event that the tenant as a non-merchant has no general place of jurisdiction in the domestic country.

14.3 Exclusively German law shall apply.

14.4 No oral or written collateral agreements have been reached. Amendments or addendums to the contract shall require a text form in order to be legally effective. The same shall apply to the waiver of the text form requirement. Unilateral amendments or addendums are invalid.

14.5 In accordance with the statutory obligation SERVENTO BOARDINGHOUSE points out that the European Union has set up an online platform for the out-of-court resolution of disputes under consumer law ("OS platform"): 

http://ec.europa.eu/consumer/odr/

However, SERVENTO BOARDINGHOUSE does not participate in dispute resolution proceedings before consumer arbitration boards. The European Commission's online platform for online dispute resolution is not available to persons residing outside the EU, i.e. including persons residing in Switzerland or the United Kingdom.

Erlangen, 5 September 2022