_Home > AGB´s

General terms and conditions Accommodation/lodging services -
Procurement of Accommodation/lodging services MOWITANIA Walther & Molitor GbR

1. Procured item MOWITANIA Walther & Molitor GbR brokers on behalf of another person sleeping accommodation and further services. The following conditions of procurement apply solely to the procurement of accommodation/lodging services.

2. Conclusion of the contract MOWITANIA Walther & Molitor GbR does not provide services as covered in article 1 on its own behalf. Rather it arranges the mentioned services on behalf and on account of other companies - the so-called service providers. Hence, a contract is concluded only between the service provider and the customer/guest.

3. Accommodation/lodging services

3.1. Booking MOWITANIA Walther & Molitor GbR offers lodgings on behalf of the service providers via its reservation system. The specifications in the media of MOWITANIA Walther & Molitor GbR depend on details supplied by the service providers and are processed to the best of our knowledge. MOWITANIA Walther & Molitor GbR does not stand security for the accuracy of the service providers' specifications presented in the media of MOWITANIA Walther & Molitor GbR. Offers are strictly valid as long as they are available at the time of the customer's request ("as is" and "as available"). MOWITANIA Walther & Molitor GbR inquires whether the desired accommodation is available at the time stated by the customer. The contract of accommodation is concluded upon receipt of booking with MOWITANIA Walther & Molitor GbR (via e-mail, written booking, booking via phone). Alternative arrangements require a written confirmation. The accommodation facility is bound to offer the booked lodging for the agreed period of time. Alternatively it is obliged to award damages to the guest. The guest is required to pay the agreed price for the duration of contract.

3.2. Payment
The customer pays a lump-sum for accommodation and the agent's commission for handling and procurement to MOWITANIA Walther & Molitor GbR as down payment. For the payment of the balance, please contact the landlord. It can be cash or bank transfer are made.

3.3. Prices
Prices on display in the media become void upon the release of new offers. The stated charges include VAT and are valid with the exception of times of fairs or special price periods (such as New Year's Eve, Love Parade, major Trade Fairs). Should the standard price not apply at the requested time the customer will be informed prior to the booking procedure. When the booking is concluded, prices stated at the time of the customer's enquiry are applicable. The furnishings presented and displayed in the media depict a guidance level. In individual cases the furnishing may have changed.

3.4. Arrival after 4 p.m. The booked rooms are strictly reserved for the customer by the service provider on the day of the arrival until 4 p.m. The guest is requested to inform the landlord/service provider in case he expects to arrive after 4 p.m. In case of an assured booking (i.e. down payment or payment in advance) the booked rooms are kept beyond 4 p.m. until the guest arrives. The same applies to booking effected on the day of arrival but after 4 p.m. Checkout please until 11 a.m.

3.5. Variations Basically, it is possible to to deviate from the above mentioned modalities of arrival, but a written confirmation is requested.

3.6. Cancellation of a contract/ withdrawal of an order The guest may cancel an order at any time prior to travelling by informing MOWITANIA Walther & Molitor GbR. The cancellation must be declared in writing - not via e-mail, but via fax or letter. Free cancellations are generally possible, regardless of the booking date, as long as they are received in written form by MOWITANIA Walther & Molitor GbR at least 4 weeks prior to the booked day of arrival. Exceptions are agreed upon in writing directly between the service provider and the guest immediately after receiving the booking confirmation. If the guest should cancel an order less than 4 weeks prior to the date of arrival, MOWITANIA Walther & Molitor GbR will try to procure the the now available lodgings elsewhere. If no other customer is found for the booked lodging, the service provider/landlord may claim damages for non-performance from the guest in accordance with article 651, German Civil Code. The cancellation is processed by the landlord/ the accomodation facility.

If the landlord/ the accommodation facility does not provide other terms of cancellation the following regulations apply: The levied cancellation fees when the customers does not arrive are depending on the accommodation charges in EURO as followes:
- up to28 days 0 %
- from 27 days 20 %
- from 15 days 40 %
- from 10 days 60 %
- from 5 days 80 %
- from 4 days 100 %

The due commission fee remains to be paid in any case. The landlord/ the accomodation facility is at liberty to claim further damages for non-perfomance from the guest, if he/ it proves, that the booked room which became available by the cancellation could not be rented out to some one else.

4. Disclaimer MOWITANIA Walther & Molitor GbR is exclusively liable for the procurement of the accommodation facilities. The liability is limited to intent and gross negligence. Liability is disclaimed for slight negligence. MOWITANIA Walther & Molitor GbR is not liable for damages due to an Act of God nor strikes nor interferences in the communications network.

4.1. Defects with the rented property/ Liability The accommodation facility answers for all details given in the online catalogue (description of the appartments/surroundings etc.). Defects must be noted directly with the landlord immediately upon arrival. Subsequent claims for damages for not warranted characteristics have to be raised directly with the landlord. MOWITANIA Walther & Molitor GbR exclusively procures on behalf of the accommodation facility and is not liable for the quality guaranteed by the accommodation facility.

5. Allowance and limitation of claims Claims on the base of non-provision of services as agreed upon in the contract are to be submitted immediately and exclusively to the respective service provider (accommodation facility). The claims become time-barred after six month after provision of service. 6. Protection of data privacy MOWITANIA Walther & Molitor GbR may collect, process and use personal data of the service provider and its guests, where they are required for the necessary course of business including its embodiment. Further it may modify stock data. Posting data are collected, processed and used by MOWITANIA Walther & Molitor GbR within the limits of the law. Storage and forwarding of all posting data are only effected where desired and/or required. The guest consents to receive information connected to MOWITANIA Walther & Molitor GbR via mail or e-mail to guarantee a comprehensive standard of information.

7. General information The ineffectualness of single articles of these terms and conditions do not cause the ineffectualness of the entire terms and conditions. Berlin is place of jurisdiction, if the customer is a registered merchant in the commercial register, a legal person of the public law or separate estate under public law and the order is part of a business action of his commerce. Exclusive jurisdiction is not affected by this regulation. The business relations between guest and service provider and respectively between guest and MOWITANIA Walther & Molitor GbR are solely subject to the Law of the Federal Republic of Germany for domestic parties to a contract. The Commercial Law of the United Nations is not implemented. Subsidiary agreements were not arranged. They require written confirmation. These terms and conditions apply to procurement services of MOWITANIA Walther & Molitor GbR.

8. Place of jurisdiction The place of jurisdiction for all disputes arising from the tenancy is in accordance with the legal regulations the urban district of Berlin, wherein the let property lies. Hence, the place of jurisdiction always is a county court in Berlin

Berlin, October 2003
MOWITANIA

 



__