AGB

General Terms and Conditions

of KinKotel UG (limited liability) – hereinafter referred to as KinKotel –
for the KinKotel accommodation contract

I. Scope

1.1. These terms and conditions apply to contracts for the rental of holiday apartments for accommodation, as well as all other services and deliveries provided by KinKotel for the guest.

1.2. Deviating provisions, even if they are included in the guest’s or customer’s general terms and conditions, shall not apply unless they are expressly recognised by KinKotel in writing.

II. Conclusion of contract, contracting parties; limitation period

2.1. Upon receipt of a booking request from the guest, a KinKotel accommodation contract (hereinafter referred to as “contract”) between KinKotel and the guest is concluded upon confirmation of the booking by KinKotel. KinKotel is free to accept and confirm the booking request.

2.2. The contracting parties are KinKotel and the guest. If a third party makes the booking for the guest, they shall be liable to KinKotel as the ordering party together with the guest as joint and several debtors for all obligations arising from the contract, provided that KinKotel has received a corresponding declaration from the ordering party. Irrespective of this, every ordering party is obliged to forward all information relevant to the booking, in particular these General Terms and Conditions, to the guest.

III. Use

The subletting or re-letting of the apartments provided, as well as their use for purposes other than accommodation, require the prior written consent of KinKotel, whereby § 540 (1) sentence 2 BGB (German Civil Code) is waived if the customer is not a consumer.

IV. Services, prices, payment, offsetting

4.1. KinKotel is obliged to keep the apartments booked by the guest available in accordance with these General Terms and Conditions and to provide the agreed services.

4.2. The guest is obliged to pay the applicable or agreed prices of KinKotel for the provision of the apartment and for any additional services used by them. This also applies to services and expenses incurred by KinKotel vis-à-vis third parties at the request of the guest or the person placing the order. The agreed prices include the applicable statutory value added tax.

4.3. Unless otherwise agreed in an individual contract or in these General Terms and Conditions, KinKotel may make its consent to a reduction in the number of apartments booked, the services provided by KinKotel or the length of the guest’s stay requested by the guest after conclusion of the contract dependent on an increase in the price of the apartments and/or other services provided by KinKotel.

4.4. Invoices from KinKotel are due for payment immediately upon receipt without deduction. KinKotel may demand immediate payment of due claims from the guest at any time.

4.5. KinKotel is entitled to demand a reasonable advance payment from the guest upon conclusion of the contract for the reservation of the booking, in the amount of the booked accommodation prices including any additional options booked, or a security deposit.

4.6. In justified cases, e.g. payment arrears on the part of the guest or extension of the scope of the contract, KinKotel is entitled, even after conclusion of the contract and up to the start of the stay, to demand an advance payment or security deposit.

4.7. KinKotel is also entitled to demand a reasonable advance payment or security deposit from the guest at the beginning and during the stay for existing and future claims arising from the contract.

4.8. The guest may only offset an undisputed or legally established claim against a claim by KinKotel.

V. Withdrawal by the guest (cancellation) / Non-utilisation of services

5.1. KinKotel grants the guest a right of withdrawal/cancellation at any time.

a) In the event of cancellation, KinKotel is entitled to the following compensation depending on the time of cancellation:

– Cancellation up to six weeks before the reserved arrival date: 0% of the rental price
– Cancellation within six to four weeks prior to arrival: 20% of the rental price
– Cancellation within four to two weeks prior to arrival: 40% of the rental price
– Cancellation within two to one week prior to arrival: 60% of the rental price
– Cancellation within one week prior to arrival: 80% of the rental price

The guest is free to prove that KinKotel has not incurred any damage or that the damage incurred is lower.

5.2. The decisive factor for the timeliness of the cancellation declaration is the date it is received by KinKotel. The guest must declare the cancellation in text form.

VI. Provision, handover and return of rooms

6.1. The guest shall have no claim to the provision of specific holiday apartments unless confirmed in writing by KinKotel.

6.2. Booked holiday apartments are available from 4:00 PM on the agreed day of arrival.

6.3. On the agreed day of departure, the apartments must be vacated by 11:00 AM at the latest.

VII. Defects, liability of KinKotel, limitation period

7.1. Should disruptions or defects occur, KinKotel will endeavour to remedy them upon notification by the guest.

7.2. KinKotel is liable in accordance with statutory provisions for damages resulting from injury to life, body or health.

7.3. In the case of slight negligence, KinKotel is only liable for breach of essential contractual obligations.

VIII. Final provisions

8.1. Amendments or additions to the contract or these General Terms and Conditions must be made in text form.

8.2. The place of performance and payment is the registered office of KinKotel (The Kink).

8.3. German law applies.

8.4. Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.

The Kink – General Terms and Conditions
www.TheKink.de