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Terms of service

TERMS OF SERVICE
BY 40FEET GMBH / LUXSTAY

1) Scope
These General Terms and Conditions (GTC) apply to all services that 40feet GmbH provides to the guest, the organizer and other contractual partners (hereinafter referred to as “contractual partners”). The services consist in particular in the provision of rented rooms for accommodation, shared accommodation, the sale of food and beverages (F&B), the organization of cultural and sporting events and other programs, special health-promoting measures or comparable offers, as well as for all related services further services and deliveries from 40feet GmbH. 40feet GmbH is entitled to perform its services through third parties.
These terms and conditions apply to all types of contracts such as Accommodation, package tour, contingent or event contracts, which are concluded with 40feet GmbH. The terms and conditions also apply to all future business with the contractual partner.
The contractual partner’s terms and conditions do not apply, even if 40feet GmbH does not expressly contradict them. Counter-confirmations of the contractual partner with reference to his terms and conditions are hereby rejected.
2) Conclusion of contract
The respective contract is generally concluded after the contractual partner’s oral or written request and the acceptance of 40feet GmbH. 40feet GmbH is free to accept the application in writing, orally, in text form (email, fax) or conclusively by rendering the service.
If the contractual partner concludes a so-called contingent contract, the contractual partner is liable for all damage culpably caused by the end user.
The subletting or subletting or the free use of the rooms provided by third parties and the use for purposes other than accommodation is only permitted if 40feet GmbH / Luxstay expressly permits this. 40feet GmbH / Luxstay can issue a written exception here at its own discretion on request.
If the reservation was made by third parties, they are liable towards 40feet GmbH, together with the contract partner, for all obligations arising from the accommodation amount.
3) Room use, room handover, departure
The rooms are only made available for accommodation purposes.
The contractual partner is liable to 40feet GmbH for all damages caused by him or by third parties who receive the services of 40feet GmbH at his instigation.
40feet GmbH is obliged to keep a room booked by the contractual partner available and to provide the agreed services.
The contractual partner is not entitled to use certain rooms. If rooms in the accommodation house are not available, 40feet GmbH will inform the contracting partner immediately and offer equivalent replacement in a nearby accommodation facility of the same category. If the contractual partner declines, 40feet GmbH must immediately reimburse the services rendered by the contractual partner. 40feet GmbH has the right of access to all rooms of the accommodation house in order to maintain the orderly occupancy and cleanliness of the rooms.
Booked rooms are available to the contractual partner from 4 p.m. on the day of arrival. If no other agreement has been made, 40feet GmbH has the right to allocate rooms booked the next day if the contractual partner does not appear, without the contractual partner being able to derive any rights or claims from this.
The rooms must be vacated by 12:00 noon on the day of departure. Thereafter, 40feet GmbH can invoice the day room price for the additional use of the room up to 4:00 p.m., from 4:00 p.m. 100% of the full accommodation price (list price).
Long-term contractual partners (guests with more than 30 overnight stays) are required to take delivery and handover of the room 1-2 days before their departure together with an accommodation manager from 40feet GmbH. Otherwise, the statements made by 40feet GmbH regarding the condition of the rented property on the day of departure are binding.
4) Events
In order to enable careful preparation by 40feet GmbH, the contractual partner must notify 40feet GmbH of the final number of participants at least three days before the start of the event. If the contractual partner notifies a higher number of participants than agreed, this higher number of participants will only become part of the contract if 40feet GmbH agrees to this in writing. If 40feet GmbH does not agree in writing, the contractual partner is not entitled to hold the event with a higher number of participants. If 40feet GmbH agrees, the settlement will be based on the new agreement (possibly with additional expenses). The contractual partner is not entitled to consent. The billing is based on the contractual agreements regardless of the notification of the number of participants. If fewer participants actually take part in the event, this is irrelevant for billing.
If the agreed time for the start of an event is postponed, 40feet GmbH is entitled to invoice the contracting partner for all additional costs incurred.
Reserved rooms are only available to the contractual partner within the period agreed in writing. A claim beyond this requires the written consent of 40feet GmbH and is generally only granted for an additional fee. We reserve the right to make room changes insofar as these are reasonable for the contractual partner, taking into account the interests of 40feet GmbH.
For events that go beyond midnight, 40feet GmbH can charge € 50.00 per hour and hour for every hour or part thereof. VAT. Invoice. The contractual partner is liable to 40feet GmbH for additional services to the event participants or to third parties in connection with the event.
The contractual partner has to obtain all official approvals at his own expense, unless expressly agreed otherwise in writing. The contractual partner is responsible for complying with all relevant (regulatory) legal requirements. Fees to be paid to third parties for the event, e.g. GEMA fees, amusement tax, etc. are to be paid by the contracting party to the creditor immediately.
The contractual partner is liable for the behavior of its employees, the event participants and other assistants as well as for its own behavior. 40feet GmbH can request the contractual partner to provide adequate security (e.g. insurance, deposits, and sureties).
To prevent damage, the attachment and installation of decorative material or other objects must be coordinated with 40feet GmbH beforehand. Any exhibits and other items brought along must be removed after the end of the event. If the contractual partner does not comply with this regulation, 40feet GmbH has the right to remove and store it for a fee. The contracting partner must dispose of any transport packaging, outer packaging and all other packaging materials at its own expense. Disposal can be carried out for a fee if the contractual partner leaves the packaging behind after the event. All items brought in during the event, such as decoration material, etc. must comply with all relevant regulations.
40feet GmbH does not provide insurance protection for items brought in. The contracting partner is solely responsible for taking out the necessary insurance.
Disruptions or defects in facilities provided by 40feet GmbH will be eliminated as far as 40feet GmbH can. The contractual partner cannot derive any claims in this connection.

If the contracting partner brings in his own electrical systems, the accommodation management’s consent is required before connection to the power grid. The electricity consumption is calculated according to the valid supply and labor prices as charged by the utility company to 40feet GmbH. 40feet GmbH is free to record and calculate a flat rate. Any faults or defects in the technical systems of 40feet GmbH due to connection are at the expense of the contract partner.
If 40feet GmbH procures technical or other equipment from third parties for the contractual partner, 40feet GmbH acts in the name and for the account of the contractual partner; the latter is liable for the careful treatment and proper return of these facilities and releases 40feet GmbH from third parties upon first written request. Liability of 40feet GmbH due to late procurement or deficiency of the purchased equipment is excluded.
The contract partner may not bring food and drinks to the events. In special cases (e.g. national specialties etc.) a written agreement can be made; In such cases, a general fee will be charged after deducting the pro rata cost of goods.
Newspaper advertisements that contain invitations to interviews or sales events generally require the prior written consent of 40feet GmbH. If a publication is made without consent, 40feet GmbH has the right to cancel the event.
Any kind of advertising, information, invitations that create a reference to 40feet GmbH, in particular by using the name, requires the prior written consent of 40feet GmbH.
5) Provision of services, prices, payments, offsetting and assignment
The prices of the respective services are determined according to the price list of 40feet GmbH valid at the time the service is provided. All prices include the z. Current statutory sales tax. Public taxes such as Tourist tax, culture tax (so-called “bed tax”), etc. not included. The contractual partner must also bear the aforementioned taxes. The respective amounts will be invoiced to him separately. Increases in sales tax are borne by the contractual partner. If the period between the conclusion of the contract and the first contractual performance exceeds 120 days, 40feet GmbH has the right to increase the price up to a maximum of 15%. Subsequent changes to the services can lead to changes in prices. 40feet GmbH is entitled to request an advance payment or security deposit from the contractual partner up to 100% of the contractual partner’s total payment obligation when the contract is concluded. The amount of the advance payment and the payment dates can be recorded in the contract.
If the contractual partner has booked within a period of time at which a trade fair, major event or other event takes place and if such an event is postponed after conclusion of the contract for reasons for which 40feet GmbH is not responsible, this contract applies to the new period if 40feet GmbH is able to fulfill the agreed services at this time. It will inform the contractual partner within a reasonable period of time whether 40feet GmbH can fulfill its performance obligation. If the service is not possible, especially if the booked rooms have already been rented to third parties for the new period, the parties can withdraw from the contract without giving reasons. The assertion of claims against the other party is excluded. This does not apply to services already granted. These are to be refunded or paid for.
The price list can be updated continuously. The updated prices take the place of the previously valid prices and become part of this contract. The contractual partner will be informed of the update in writing at least 1 month in advance. In the event of a price increase, the contractual partner has, in addition to the reasons for termination mentioned under § 8, an extraordinary right of termination at the start of the prospective increase. This extraordinary right of termination must be declared in writing at least 1 week before the start of the increase. The receipt at 40feet GmbH counts for the timeliness of the termination.
The payment claim of 40feet GmbH is due immediately after receipt of the respective invoice without deduction. An invoice is deemed to have been received by the recipient of the invoice no later than 3 days after dispatch, provided that no earlier receipt can be proven. In the event of late payment, the statutory rules apply.
The creation of an overall invoice does not release you from the timely payment of the individual invoices. A delay in payment of even a single invoice entitles 40feet GmbH to withhold all further and future services and to make the performance of the services dependent on a security deposit of up to 100% of the outstanding payment.
A reminder fee of € 10.00 is due for each reminder. In principle, invoices are payable immediately in cash or by credit card. 40feet GmbH is entitled to reject foreign currency, checks and credit cards. Vouchers from tour operators are only accepted if there is a credit agreement with the company concerned or if corresponding advance payments have been made. A reimbursement of services not used is excluded.
The contractual partner can only offset a claim from 40feet GmbH if his claim is undisputed or legally established. This applies analogously to the exercise of a right of retention due to the contractual partner’s own claims. Claims and other rights may only be assigned with the written consent of 40feet GmbH.
If the contractual partner uses a credit card to pay for 40feet GmbH products with a prepayment obligation (e.g. general orders with prepayment or guaranteed booking) without physically presenting it (e.g. via telephone, internet or similar), the contractual partner is not entitled to 40feet GmbH to withdraw this charge from his credit card institution.
6) Data protection exchange
The contractual partner is hereby informed in accordance with § 33 BDSG and § 3 TDDSG that 40feet GmbH processes its inventory data (name / address / period and length of stay) in machine-readable form and only for tasks that result from the contract . 40feet GmbH is entitled to disclose the contractual partner data if this is necessary to ensure the operation (state authorities).

7) Service cancellation / service reduction
Reservations by the contractual partner are binding for both contractual partners. In the event of cancellation or reduction by the contractual partner, the contractual partner must pay the following damages:
No compensation if the written cancellation or reduction is received by 40feet GmbH up to (including) 30 days before the start of the service period
Compensation i. H .v. 25% of the value of the ordered services if 40feet GmbH receives the written cancellation or reduction between 29 and 15 days before the start of the service period
Compensation i. H. v. 50% of the value of the ordered services if 40feet GmbH receives the written cancellation or reduction 14 and 5 days before the start of the service period
Compensation i. H. v. 80% of the value of the ordered services if 40feet GmbH receives the written cancellation or reduction less than 5 days before the start of the service period.
In the case of a rental contract that has been concluded for a rental period of 30 days or more, the contracting partner’s right of withdrawal is excluded. Nevertheless, ordinary termination can be recognized within the contractually agreed four-week notice period.
The contractual partner is entitled to provide evidence that 40feet GmbH’s damage is not given or less.
If 40feet GmbH can otherwise provide the canceled service to third parties within the agreed period, the contractual partner’s compensation shall be reduced by the amount that these third parties pay for the canceled service, but at most until the entire compensation has been canceled.
Up to the arrival, the contract partner can demand that a third party enter into the rights and obligations under the contract instead. 40feet GmbH can object to the entry of the third party if there are reasons that prevent the rental. If a third party enters the contract, he and the contractual partner of 40feet GmbH are jointly and severally liable for the agreed price and the additional costs incurred by the third party joining.

8) Withdrawal / termination from 40feet GmbH
40feet GmbH is entitled according to the legal regulations to withdraw from the contract (§ 323 BGB) or to terminate the contract (§ 314) if
the contractual partner does not provide a due service
the fulfillment of the contract is impossible due to force majeure, strikes or other circumstances for which 40feet GmbH is not responsible
the contractual partner provides misleading or incorrect information about essential data
the contractual partner uses the name 40feet GmbH with advertising measures without prior written consent
rooms subject to the contract may be sublet in whole or in part without the written consent of 40feet GmbH
40feet GmbH has good reason to believe that the use of the accommodation service can jeopardize the smooth running of the business, the security or the reputation of 40feet GmbH in public.
40feet GmbH must inform the contractual partner in writing of the exercise of the withdrawal / termination immediately, at the latest within 14 days after the reason becomes known. The cancellation of the contract by 40feet GmbH does not establish any claims of the contract partner for damages or other compensation payments. A claim of 40feet GmbH for compensation for damage incurred and the expenses incurred by it remains unaffected in the event of a justified termination of the contract.

9) Liability 40feet GmbH, items brought in, limitation period
40feet GmbH is only liable for the care of a prudent businessman and for all legal and contractual claims only in the case of willful or grossly negligent behavior.
Exceptionally, 40feet GmbH is liable for slight negligence in the event of damage,
which are based on the violation of essential contractual obligations. In these cases, liability is limited to the foreseeable damage typical for the contract
due to injury to life, limb or health.
Liability of 40feet GmbH for consequential damage or indirect damage is excluded. 40feet GmbH is not liable for consequential damage, indirect damage or unforeseen, unavoidable and extraordinary service disruptions due to force majeure. Force majeure cases are those beyond the sphere of influence of 40feet GmbH, such as Natural disasters, public unrest.
Exclusions and limitations of liability apply in the same way for the benefit of all for the fulfillment of its contractual obligations by the companies employed by 40feet GmbH, their subcontractors and agents. They do not apply if 40feet GmbH assumes a guarantee for the quality of a thing or a work or for fraudulently concealed errors.
The contractual partner is obliged to report recognizable defects to the accommodation facility immediately, at the latest on departure.
The legal provisions of §§ 701 ff BGB apply to items brought in by the contractual partner.
Items left behind by the contractual partner / overnight stay will only be forwarded at the request, risk and expense of the contractual partner. 40feet GmbH keeps the items for 12 months and calculates an appropriate cash payment. Afterwards, if there is a recognizable value, the items are handed over to the local lost property office.
All claims of the contractual partner against 40feet GmbH from or in connection with the contract become statute-barred after a year, beginning at the end of the year in which the claim arose and the contractual partner should have become aware of the circumstances justifying the claim or should have acquired it without gross negligence.
10) Additional provisions for package travel contracts
If 40feet GmbH is obliged to provide services in addition to providing meals and lodging in the organization of a leisure program as a paid contribution, this constitutes a so-called package travel contract
Due to changes, deviations or reductions in individual services within the framework of a package travel contract that become necessary after the contract is concluded, the contract partner cannot assert claims if they are only insignificant.
If agreed and provided services are not used by the contract partner, a reduction or reimbursement of the total fee is not possible.
40feet GmbH is not liable for any damage suffered by the contracting party when a third party makes use of a special service. The contract partner is referred to the enforcement of his claims against the respective organizer of the special service.

11) Place of fulfillment and payment, place of jurisdiction, side agreements, partial invalidity
The place of fulfillment and payment is the seat of the respective company of 40feet GmbH for both sides
German law applies exclusively. The application of UN sales law or international private law is expressly excluded.
The exclusive place of jurisdiction is the registered office of 40feet GmbH.
Should individual provisions of the contract, including these terms and conditions, be ineffective, this does not affect the effectiveness of the remaining provisions. The parties will immediately replace the ineffective provisions with effective ones that come as close as possible to the intended purpose and their economic importance. The same applies in the event that there are loopholes in the contract.
Frankfurt am Main in July 2017