General Terms and Conditions
- These Terms and Conditions apply to
contracts for the letting of Apartment rooms for accommodation and to all
other customer-related activities and services provided by the respective Pohle
D apartment (hereinafter referred to as “the Apartment”). The term “Apartment
Accommodation Contract” shall include and replace the following terms:
lodging contract, guest admission contract, apartment contract, apartment
- The customer’s own Terms and
Conditions shall only apply if they have previously been expressly agreed
II. Contract agreement, contracting parties and limitations
- The contract becomes valid when the Apartment
accepts the customer’s application. If the Apartment makes the customer a
firm offer, then the contract takes effect with the customer’s acceptance
of the Apartment’s offer. Room bookings should be confirmed in writing.
- The contracting parties are the Apartment
and the customer. If a third party has placed a reservation on behalf of
the customer, the customer and the third party shall be jointly liable to
the Apartment for all obligations arising from the Apartment Accommodation
Contract, insofar as the third party shall provide the Apartment with an
appropriate statement to this effect.
- As a matter of principle, all claims
made by the customer and/or the third party against the Apartment shall
lapse 1 year after their declaration which initiates the normal limitation
period in accordance with Article 199 paragraph 1 of the Czech Civil
Claims for compensation against the Apartment lapse at the latest after a
term of 3 years from the dereliction of duty, dependent on the time of
cognisance, and after a term of 10 years from the dereliction of duty,
irrespective of the time of cognisance. These limitations do not apply …
– in the event of claims arising from intent or gross negligence on the
part of the Apartment and/or its vicarious agents.
– in the event of damages caused by negligence and arising from damage to
life, limb or health.
In the event of material and financial damages caused by negligence, these
limitation restrictions shall not apply in cases where a fundamental
contractual duty has been breached. Fundamental contractual duties are
duties, the fulfilment of which is substantial to the contract, and on
which the customer may depend.
III. Services, tariffs, payment, offsetting
- The Apartment is obliged to make
available the rooms that the customer has reserved and to provide the
services that have been agreed.
- The customer is obliged to pay the
current or agreed Apartment prices to hire the room and any other services
he has made use of. This also applies to services and expenses that he
requests the Apartment to make over against third parties. The agreed
prices shall be understood to include taxes and local duties at the rates
applicable at the time the contract was agreed. This does not include
local duties, such as visitors’ tax, which, in accordance with the
respective local legislation, the guest is liable to pay personally. In
the event of an increase, subsequent to the contract agreement, in the
statutory rate of turnover tax or the new introduction, alteration or
repeal of local taxes or duties relating to the subject of the agreement,
then the contractually agreed price may also be increased proportionately.
In cases of contracts with consumers, this shall only apply should the
period between the agreement of the contract and its fulfilment exceed 4 months.
- The Apartment is entitled to take into
account increased prices for rooms or other Apartment services when
determining whether or to what extent to concur with subsequent customer
wishes for a reduction in the number of rooms or Apartment services and/or
the length of period booked by the customer.
- Apartment invoices without a payment
date are payable in full within 10 calendar days of receipt. The Apartment
is entitled to demand payments outstanding at any time, and to require
immediate payment. In the event of delay in payment, the Apartment is
entitled to demand the appropriate legal late payment interest of 9% above
the current basic interest rate, or 5% above the basic interest rate in
the case of legal transactions involving the customer. Furthermore, the Apartment
can charge a fee of EUR 5.00 for every reminder on payment arrears that it
sends. The Apartment reserves the right to provide evidence of entitlement
to a higher claim to damages.
- When the contract is agreed, or
subsequently in accordance with the legal regulations governing package
holidays, the Apartment is entitled to request an appropriate advance or
security deposit. The amount of advance payment and the payment deadlines
may be agreed in writing in the contract.
- In individual substantiated cases,
e.g. customer payment arrears or extension of the scope of the contract,
the Apartment is entitled, even after the contract has been agreed, to demand
an advance payment or a security deposit in terms of paragraph 5 above, or
to increase the contractually agreed advance payment and/or security
deposit up to the full payment amount due.
- The customer can only offset or reduce
the Apartment’s payment demands by means of an unchallenged legal claim.
IV. Withdrawal of the customer (counter-order or cancellation) / failure
to make use of the Apartment’s services (no show)
- The customer’s withdrawal from a
contract agreed with the Apartment is only possible if such right of
withdrawal is expressly agreed in the contract, if some other statutory
right of withdrawal applies, or if the Apartment expressly agrees to the
cancellation of the contract. The agreement of a right to withdrawal and
any such agreement to the cancellation of the contract should each be
submitted in writing.
- Provided that a date (optional) for
withdrawal from the contract without penalty has been agreed between the
customer and the Apartment, the customer may withdraw from the contract
without penalty up to this date, without the Apartment making any claim
for payment or compensation. The customer’s right to withdrawal is
extinguished if he does not exercise his right to withdraw
vis-à-vis the Apartment in writing by the agreed date.
- If a right of withdrawal has not been
agreed or has already expired, then no statutory right of withdrawal or
cancellation shall be deemed to apply, and should the Apartment not agree
to cancellation of the agreement, then the Apartment retains the right to
claim the agreed payment even if the services have not been utilised. The Apartment
is obliged to balance against its claim income from other rental made of
the rooms and from expenses saved. If the rooms are not otherwise let, the
Apartment is entitled to apply a flat rate reduction for expenditure
saved. In such cases the customer is obligated to pay at least 90% of the
contractually agreed price for overnight stays, with or without breakfast,
and for package arrangements involving outside services, 70% for overnight
stays with half board, and 60% for full board arrangements. The customer
is entitled to provide evidence that such claims have not arisen or are
- Insofar as the Apartment calculates
its actual losses, the maximum amount of compensation shall equal the
contractually agreed price of the services to be supplied by the Apartment
less the value of the expenditure saved by the Apartment together with the
amount that the Apartment acquires through the alternative use of the Apartment’s
- The compensation regulations referred
to above shall apply accordingly if the customer does not claim the room
or services he has reserved without informing the Apartment of this in
good time (no show).
V. Withdrawal by the Apartment
- Provided that the customer’s right to
withdraw without penalty within a particular time period has been agreed
in writing, the Apartment is also for its part entitled to withdraw
without penalty within this time period if applications from other customers
for rooms reserved under contract are to hand, and the customer does not
waive his right to withdraw within 2 weeks of having been contacted to
this end by the Apartment. In the event of the customer failing to respond
within this deadline, the Apartment is entitled to withdraw.
- The Apartment is also entitled to
withdraw from the contract if an advance payment as agreed or as demanded
in accordance with III. paragraph 5 is not made, even after an appropriate
period of grace set by the Apartment has elapsed.
- Furthermore, the Apartment is entitled
to withdraw from the contract in exceptional circumstance, if so justified
for well-founded reasons, especially in the event that …
– an act of God or other circumstances beyond the control of
the Apartment make the fulfilment of the contract impossible;
– rooms are booked giving a misleading or a false description
of essential facts (e.g. in respect of the customer, financial solvency or
the purpose of the accommodation);
– the Apartment has good grounds for supposing that the use of
the Apartment services might jeopardise the smooth running of the Apartment’s
operations, or the safety or the reputation of the Apartment in the public
eye in a way that is beyond the control or scope of the Apartment’s
– there is any breach of I. paragraph 2.
- If the Apartment justifiably
withdraws, the customer shall have no right to claim for compensation.
VI. Provision, handing over and returning the room
- Unless otherwise expressly agreed, the
customer has no right to demand the provision of specific rooms.
- The reserved rooms shall be available
to the customer by 2:00 p.m. at the earliest on the agreed date of
arrival. The customer has no right to demand that rooms should be provided
- On the agreed date of departure, rooms
must be vacated and at the Apartment’s disposal by 11:00 noon at the
latest. If there is delay in vacating the room, the Apartment may invoice
for its use beyond the contract period up to 6:00 p.m. at 50% of the
current daily letting price, and at 100% from 6:00 p.m. onwards. Any
contractual claims made by the customer cannot be justified on these
grounds. The customer is at liberty to provide evidence that the Apartment
had no claim or a significantly lower claim on payment for its use.
Moreover, the Apartment reserves the right to establish proof of and
charge for a higher rate of compensation.
VII. The Apartment’s liability
- The Apartment and its vicarious agents
shall, in accordance with statutory provisions, be liable for damages
arising from wilful or grossly negligent behaviour. The same shall apply
to damages to life, limb or health resulting from negligence. In cases of
property and financial damages caused by negligence, Pohle D and its
vicarious agents shall only be liable if and when a fundamental
contractual obligation been breached, however such liability shall be
limited to foreseeable and contractually typical damages when the contract
was entered into; fundamental contractual duties being such, the fulfilment
of which is substantial to the contract, and on which the customer may
depend. Should any faults or shortcomings arise in the services provided
by the Apartment, the Apartment will make every effort to correct this if
the customer has brought these to its attention or made his objections
promptly known. The customer is obliged to make reasonable effort to
rectify any fault or minimise any possible loss or damage, and to bring
any faults or damage immediately to the Apartment’s attention.
VIII. Final provisions
- Any amendments or additions to this
contract, the acceptance proposal or these General Terms and Conditions
for Apartment Accommodation Contracts must be made in writing. Any
unilateral alterations or additions by the customer shall be void.
- Place of fulfilment and place of
payment shall be the same as the registered office of the respective Apartment.
- The sole court of jurisdiction for
commercial transactions, including cheque and currency disputes, shall be
Cologne. Insofar as a contracting party fulfils the requirements of
Article 38 paragraph 2 of the Code of Civil Procedure (ZPO) and has no
general place of jurisdiction within Czech, the Apartment’s registered
office shall act as the place of legal jurisdiction.
- Czech law alone shall apply. The UN
Sales Convention and conflict of law legislation are hereby precluded from
- In the event of individual provisions
of these General Terms and Conditions for Apartment Accommodation
Contracts being or becoming ineffective or void, the validity of the
remaining provisions hereof shall in no way be affected. Otherwise,
statutory provisions shall apply.