General Terms and Conditions of JOMA Betriebsgesellschaft mbH

1 Scope of application

These General Terms and Conditions (GTC) apply to all services provided by JOMA Betriebsgesellschaft mbH (hereinafter referred to as “Joma”) to the guest, the organizer and other contractual partners (hereinafter referred to as “contractual partners”). The services include, in particular, the provision of hotel rooms and other rooms for seminars, meetings, presentations, conferences, banquets and other events, the sale of food and beverages (F&B), the organization of cultural and sporting events and other programs, the implementation of special health-promoting measures or comparable offers, as well as all other related services and deliveries by Joma. Joma is entitled to have its services performed by third parties.

They also apply to all contracts for the delivery of vouchers that a customer (consumer or entrepreneur) concludes with the seller (hotel) with regard to the vouchers and products presented by the seller in Joma’s online store.

In detail, this includes the following hotel companies (hotels):

– DAS AFFALTERBACH, Benzstrasse 10, 71563 Affalterbach

Joma acts as a service provider for the hotel companies. Therefore, no hotel accommodation contract is concluded between Joma and the customer. The customer’s terms and conditions shall only apply if expressly agreed in writing. Please take the time to read these regulations before making your booking or purchase.

These General Terms and Conditions apply to all types of contracts concluded with Joma, such as hotel accommodation, package tour, contingent or event contracts, as well as the rental of accommodation for a longer period of stay. The GTC shall also apply to all future transactions with the Contractual Partner.

The Contractual Partner’s GTC shall not apply, even if Joma does not expressly object to them. Counter-confirmations by the Contractual Partner with reference to its GTC are hereby rejected.

2 Conclusion of contract

2.1. The respective contract is generally concluded following a verbal or written application by the contractual partner and by Joma’s acceptance. Joma is free to accept the application in writing, verbally, in text form (e-mail, fax) or conclusively by providing the service.

2.2. If the contractual partner makes a group booking, a so-called contingent contract is concluded. The contingent contract shall take precedence over and supplement these GTC. Within the framework of this contingent contract, the contractual partner shall be liable for all damages culpably caused by the end user.

2.3. A group booking is deemed to exist if more than nine rooms in a hotel establishment are booked by a contractual partner in the course of one or more booking transactions that are related in terms of time and/or subject matter. A group booking is independent of the booking method. This can be done in person, by telephone, by fax, by e-mail, in writing, via “dasaffalterbach.com”, via intermediaries (e.g. so-called online portals) or by other means.

2.4. The subletting or re-letting or the use of the rooms provided by third parties free of charge as well as the use for purposes other than accommodation is only permitted if Joma expressly permits this. Joma may, at its own discretion, grant an exception in writing upon request.

3 Room use, room handover, departure

3.1. The provision of rooms is strictly for accommodation purposes only.

3.2. The contracting party shall be liable to Joma for all damages caused by them or by third parties who receive Joma’s services at the contracting party’s request.

3.3. The contracting party has no entitlement to specific rooms. If rooms in the property are unavailable, Joma will promptly inform the contracting party and offer equivalent accommodation in a nearby hotel of the same category. Should the contracting party decline this offer, Joma will immediately refund any payments made by the contracting party.

3.4. Booked rooms are available to the contracting party from 3:00 PM on the day of arrival. Unless otherwise agreed, Joma reserves the right to reallocate booked rooms after 6:00 PM without the contracting party deriving any rights or claims from this.

3.5. Rooms must be vacated by no later than 11:00 AM on the day of departure. Beyond this time, Joma may charge the contracting party the daily room rate for extended use of the room until 3:00 PM and 100% of the full accommodation price (list price) from 3:00 PM onward.

4 Provision of services, prices, payments, offsetting and assignment

4.1. The prices for the respective services are determined based on Joma’s price list valid at the time the service is rendered. All prices are exclusive of the statutory value-added tax (VAT) applicable at the time. Public charges, such as visitor’s tax, cultural promotion levies (so-called “bed tax”), and similar fees, are not included in the prices. These charges must be borne by the contracting party and will be invoiced separately. Increases in VAT are the responsibility of the contracting party. If the period between the conclusion of the contract and the first contractual service exceeds 120 days, Joma reserves the right to increase prices by up to 15%. Subsequent changes to services may result in price adjustments. Joma is entitled to request an advance payment or security deposit of up to 100% of the contracting party’s total payment obligation at the time of contract conclusion. The amount of the advance payment and the payment schedule may be specified in the contract.

4.2. If the contracting party has booked within a time period coinciding with a trade fair, major event, or other occurrence, and such an event is rescheduled for reasons beyond Joma’s control after the contract conclusion, this contract shall apply to the new period, provided Joma is able to fulfill the agreed services at that time. Joma will inform the contracting party within a reasonable period of its ability to fulfill the services. If performance is not possible, particularly if the booked rooms have already been rented to third parties for the new period, both parties may withdraw from the contract without providing reasons. Claims against the other party are excluded, except for services already rendered, which must be refunded or compensated.

4.3. Payment via the provided payment method must be made no later than the day of arrival, which is deemed to begin at 10:00 AM on the booked arrival date. For long-term stays exceeding one month (from 30 days), only the amount for the first month is payable immediately. The amount for the following month must be paid no later than three days after the end of the preceding month. Joma is entitled to demand immediate payment of any accrued claims at any time. In the event of late payment, Joma is entitled to charge statutory default interest as per § 288 BGB. Joma reserves the right to prove higher damages.

4.4. In all other cases, Joma’s payment claim is due immediately upon receipt of the respective invoice without deduction. An invoice is deemed received no later than three days after dispatch, unless earlier receipt can be proven. In the event of payment default, the statutory regulations apply.

4.5. The issuance of a consolidated invoice does not release the contracting party from the obligation to pay individual invoices on time. Default on even a single invoice entitles Joma to withhold all further and future services and to condition the provision of services on a security deposit of up to 100% of the outstanding payments.

4.6. A reminder fee of €10.00 is charged for each reminder. Invoices are generally payable immediately in cash or by credit card. Joma reserves the right to refuse foreign currency, checks, and credit cards. Vouchers from tour operators are accepted only if a credit agreement exists with the respective company or if advance payments have been made. Refunds for unused services are excluded.

4.7. The contracting party may only offset Joma’s claims if their counterclaims are undisputed or legally established. This also applies correspondingly to the exercise of a right of retention due to the contracting party’s own claims. Claims and other rights may only be assigned with Joma’s prior written consent.

4.8. If the contracting party uses a credit card to pay for Joma’s products requiring advance payment (e.g., general prepaid orders or guaranteed bookings) without physically presenting the card (e.g., via telephone or internet), the contracting party is not entitled to revoke the charge with their credit card provider in relation to Joma.

5 Withdrawal, Cancellation, Reduction

5.1. Reservations made by the contracting party are binding for both parties. If a right of withdrawal has not been agreed upon or has already expired, and no statutory right of withdrawal or termination exists, Joma retains the right to the agreed remuneration even if the services are not utilized, provided Joma does not consent to a cancellation of the contract. Joma will offset any income generated from the re-letting of the rooms and deduct any expenses saved. If the rooms are not re-let, Joma may apply a flat-rate deduction for saved expenses. In such cases, the contracting party is obligated to pay the following percentages of the agreed total price for accommodation with or without breakfast:
a) 50% of the agreed total price if the written cancellation or reduction is received by Joma between 89 and 30 days before the start of the service period.
b) 70% of the agreed total price if the written cancellation or reduction is received by Joma between 29 and 10 days before the start of the service period.
c) 90% of the agreed total price if the written cancellation or reduction is received by Joma less than 10 days before the start of the service period.
d) For package arrangements involving third-party services, 70% for half-board arrangements and 60% for full-board arrangements.

5.2. Joma has no claim if the written cancellation or reduction is received by Joma 90 days or more before the start of the service period. Excluded from this are separately concluded event contracts with individually agreed cancellation deadlines and fees.

5.3. The contracting party is free to provide evidence that Joma’s claim has not arisen or is not as high as demanded.

5.4. If Joma is able to provide the canceled service to third parties during the agreed period, the contracting party’s liability for damages is reduced by the amount paid by those third parties for the canceled service, up to a maximum of the full cancellation amount.

6 Resignation / Termination Jomas

6.1. In accordance with the statutory provisions, Joma is entitled to withdraw from the contract (§ 323 BGB) or to terminate the contract (§ 314) if

• the contractual partner fails to provide a due service
• the fulfillment of the contract is impossible due to force majeure, strike or other circumstances for which Joma is not responsible
• the contractual partner provides misleading or false information about essential data
• the contractual partner uses the name Joma for advertising purposes without prior written consent
• rooms that are the subject of the contract are sublet in whole or in part without Joma’s written consent
• Joma has reasonable grounds to believe that the use of the hotel services may jeopardize the smooth running of the business, the safety or the public reputation of Joma.

6.2. Joma must inform the contractual partner of the exercise of the withdrawal / termination in writing without delay, at the latest within 14 days of becoming aware of the reason. Cancellation of the contract by Joma shall not give rise to any claims by the contractual partner for damages or other compensation. In the event of justified termination of the contract, this shall not affect Joma’s right to compensation for any damage it has suffered and for any expenses it has incurred.

7 Liability of Joma, Brought-in Items, Statute of Limitations

7.1. Joma is liable for all legal and contractual claims only in cases of intentional or grossly negligent conduct.

7.2. As an exception, Joma is liable for slight negligence in cases of damage:
a) resulting from the violation of essential contractual obligations. In such cases, liability is limited to foreseeable, contract-typical damages.
b) arising from injury to life, body, or health.

7.3. Joma is not liable for consequential or indirect damages.

7.4. Exclusions and limitations of liability apply equally to all companies used by Joma to fulfill its contractual obligations, as well as to their subcontractors and vicarious agents. These exclusions and limitations do not apply if Joma has provided a guarantee for the condition of an item or work or in cases of fraudulently concealed defects.

7.5. The contracting party is obligated to report any recognizable defects without delay, at the latest upon departure, at the hotel.

7.6. For items brought in by the contracting party, the statutory provisions under §§ 701 ff. BGB (German Civil Code) apply.

7.7 Items left behind by the contracting party/overnight guest will only be sent upon request, at the contracting party’s risk and expense. Joma will store the items for 12 months and charge a reasonable fee. After this period, items of apparent value will be handed over to the local lost-and-found office.

7.8. All claims of the contracting party against Joma arising from or in connection with the contract expire one year after the end of the year in which the claim arose and the contracting party became aware or should have become aware of the circumstances giving rise to the claim without gross negligence.

Smoking Ban, Visitors, Pets, Activation of Fire Alarm

7.9. Guest rooms at Joma are non-smoking rooms. Smoking is prohibited throughout the entire building at all times, including the use of e-cigarettes. In case of violations, Joma is entitled to terminate the contract without notice. Additionally, Joma may charge a special cleaning fee of at least EUR 250 in the event of nicotine odors in the apartment. Joma reserves the right to charge any costs incurred due to the activation of the fire alarm as a result of a violation of this smoking ban. In cases of willful or negligent activation of the fire alarm, Joma may charge costs of at least EUR 1,500.

7.10. Keeping pets in the rented rooms is only allowed with written confirmation and only in Standard Rooms with costs that apply.

7.11 Guests are obliged to use the room only within the agreed contractual framework and only by the persons specified. Overnight stays by visitors require prior written consent from Joma. In the event of violations, Joma is entitled to charge a flat rate of EUR 100 per night and visitor, as well as terminate the accommodation contract without notice.

8 Access

8.1 Joma is entitled to access the rented apartment for weekly cleaning and linen changes or, after consultation with the guest, to carry out repairs, read electricity and water meters, and inspect the property for follow-up rentals. In emergencies, Joma is entitled to enter the apartment without prior consultation with the guest.

Additional Provisions for Package Travel Contracts

8.2. If Joma’s service obligation includes the organization of a leisure program alongside the provision of board and lodging as a paid independent service, this constitutes a package travel contract.

8.3. The contracting party cannot assert claims for changes, deviations, or reductions in individual services under a package travel contract that become necessary after the conclusion of the contract, provided they are insignificant.

8.4. For mediated services (not part of a package tour), Joma is not liable for the performance of services by third-party providers or transport companies but solely for the proper mediation of the travel service and the accurate transmission of the provider’s information to the participant.

8.5. In the case of a package tour, Joma’s liability for damages that are not personal injuries is limited to three times the travel price, provided the damage was neither caused intentionally nor by gross negligence or Joma is solely responsible for the damage due to a service provider’s fault.

9 Place of Fulfillment and Payment, Jurisdiction, Side Agreements, Partial Invalidity

9.1. The place of fulfillment and payment for both parties is the location of the respective Joma hotel operation.

9.2. German law applies.

9.3. Except for private consumers, Stuttgart is agreed as the exclusive place of jurisdiction for all claims arising from or in connection with the respective contract.

10 Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG

10.1. The EU’s online dispute resolution (ODR) platform is accessible at the following link: http://ec.europa.eu/consumers/odr/. Our email address is: info@dasaffalterbach.com. We are not obliged and generally not willing to participate in dispute resolution procedures before a consumer arbitration board.