Terms of Service
der Pension nova

§ 1. Geltungsbereich

The present general terms and conditions (GTC) apply to contracts for the renting of pension rooms for accommodation and for all other services provided by nova to the customer.

§ 2. Conclusion of contract

(1)
The contract is concluded when the guesthouse accepts the customer’s request. nova is bound to the offer for two days. If no fixed reservation has been made after this period, nova is authorized to sublet the requested room.

(2)
The contractual partners are the pension and the customer. If a third party has ordered the room or rooms for the customer, he is liable to the pension together with the customer as joint debtor for all obligations arising from the accommodation contract.

§ 3 Services, prices, payment, offsetting, liability of the customer

(1)
The pension is obliged to provide the rooms booked by the customer and to provide the agreed services.

(2)
The customer is obliged to pay the applicable or agreed prices of the pension for the provision of rooms and for the other services used. This also applies to the services and expenses caused by the customer to third parties.

(3)
Die vereinbarten Preise schließen die jeweilige gesetzliche MwSt. mit ein. Diese beträgt gegenwärtig 7%.

(4)
The rental price must be paid in full by cash on arrival. Card payment is not possible.

When paying on the account of the pension, the invoice amount must be paid within 10 days of receipt of the invoice. In the event of a delay in payment, the pension is entitled to charge the customer interest in the amount of 5 percentage points above the respective base rate for consumers and 8 percentage points above the base rate for general merchants.

(5)
The prices can be changed by the pension if the customer requests subsequent changes to the number of rooms booked, the performance of the pension or the length of stay of the guests and the pension consents to this.

(6)
The customer can only offset an undisputed or legally binding claim against the claim of the pension.

(7)
The customer is responsible for the careful treatment of the facility.

§ 4 Room provision, room handover and return

(1)
The customer does not acquire the right to be provided with a specific room.

(2)
Booked rooms are available to the customer from 2 p.m. on the agreed day of arrival. The customer is not entitled to an earlier provision.

(3)
On the agreed departure date, the rooms of the guest house must be vacated and made available by 11:00 a.m. at the latest. Thereafter, in addition to the damage it incurs for any additional use of the room, the pension can charge an amount of EUR 8.00 for each additional hour.

(4)
The customer is free to prove to the pension that this has incurred no or significantly less damage.

(5)
Arrival is possible 24 hours a day. However, operation is only available until 1 a.m.

§ 5 Cancellation by the customer (cancellation, cancellation conditions)

(1)
Cancellation of the accommodation contract concluded with the pension at the instigation of the customer requires the written consent of the pension. If this is not done, the contractually agreed price is to be paid, taking into account the percentages listed below, even if the customer does not use the contractual services. This does not apply in the event of a delay in performance of the pension or an impossibility of rendering the service for which it is responsible.

(2)
If an appointment to withdraw from the contract has been agreed in writing between the pension and the customer, the customer can withdraw from the contract up to that point without being exposed to payment or compensation claims by the pension. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in writing vis-à-vis the pension by the agreed date, unless there is a case of delay in performance of the pension or an impossibility for the performance of the pension for which it is responsible.

(3)
As part of the room assignment not used by the customer, the pension must credit the income from renting the rooms to other parties as well as the saved expenses.

(4)
If a customer does not use the contractual services that he ordered or reserved in advance, he remains obliged to pay the agreed price in the following amount:

  • Cancellation of bookings up to 14 days before arrival free of charge
  • Cancellation of bookings between 7 and 3 days before arrival 50% of the room price
  • Cancellation within 48 hours before arrival 80% of the room price

(5)
The cancellation costs are reduced by the amounts that can be achieved by renting the canceled room back on the agreed date. The above cancellation fees also apply if the ordered or reserved services were only partially canceled by the customer, whereby the flat rates refer to the part of the services that were canceled.

(6)
In the case of early departure, which the guest will only be informed by the customer during the stay, the guesthouse reserves the right to charge 50% of the accommodation costs up to the originally agreed departure date. Advance payments paid will not be refunded.

§ 6 Cancellation of the pension

(1)
If a right of withdrawal of the customer has been agreed, which the customer can make use of in writing within a certain period, the guesthouse is entitled to withdraw from the contract within this period if there are requests from other customers for the contractually booked rooms and the customer answers questions from guesthouse does not waive his right to withdraw.

(2)
If an agreed advance payment is not made after a reasonable grace period set by the pension with the threat of refusal has expired, the pension is also entitled to withdraw from the contract.

(3)
The pension is also entitled to withdraw from the contract in the event of unforeseen events. The following events are particularly relevant:

  • Force majeure or other circumstances for which the pension is not responsible, which make it impossible to fulfill the contract.
  • Rooms are misleading or misrepresenting essential facts, e.g. regarding the person of the customer or the intended purpose.
  • The pension has reasonable grounds to believe that the use of the services may jeopardize the smooth running of the business, the security or the reputation of the pension in public, without this being attributable to the sphere of control or the organizational area of the pension.

(4)
The pension must inform the customer immediately of the exercise of the right of withdrawal.

(5)
If the pensions withdrawal is justified, the customer is not entitled to compensation.

§ 7 Liability of the pension

(1)
The pension is liable for the care of a prudent businessman.
This liability is limited in the typical service area to performance defects, damage, consequential damage or disruptions that are due to intent or gross negligence on the part of the pension.

(2)
Should defects or disruptions arise from the services provided by the guesthouse, the guesthouse will endeavor to remedy the situation immediately upon notification of the customer. The customer is obliged to keep the damage as low as possible by doing anything.

(3)
The pension is liable to the customer for items brought in according to the legal provisions of §§ 701 ff. BGB. Liability for other reasons is excluded, unless the damage was caused intentionally or through gross negligence by the pension, its legal representatives or vicarious agents.

(4)
The guest must notify the guest of the introduction of valuables beforehand.

§ 8 Final provisions

(1)
The acceptance of applications, changes or additions to the contract or these terms and conditions for taking up pensions must be made in writing. Unilateral changes or additions to these GTC by the customer are ineffective.

(2)
Place of performance and payment is the seat of the pension in Nuremberg.

(3)
The exclusive place of jurisdiction – also for check and exchange disputes – is the registered office of the pension in Nuremberg. If a contractual partner meets the requirements of § 38, 2 of the ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the seat of the pension in Nuremberg. German law applies.

(4)
If individual provisions of the aforementioned general terms and conditions do not become part of the contract or are ineffective, the content of the contracts is based on the statutory provisions.