<<< Legal

Terms & Conditions

1. Scope

These terms and conditions apply to all contracts for the temporary letting of apartments or rooms (hereinafter "Unit") for accommodation purposes that are concluded between TIN INN GmbH, Forster Weg 40, 41849 Wassenberg (hereinafter "TIN INN") and a contractual partner (hereinafter "Guest"), as well as to all further services and supplies rendered (accommodation contract), unless the parties have made an individual agreement.
The subletting or further letting of the provided Unit as well as its use for purposes other than accommodation require the prior consent of TIN INN in text form, whereby Section 540(1) sentence 2 of the German Civil Code (BGB) is excluded, insofar as the Guest is not a consumer within the meaning of Section 13 BGB.
General terms and conditions of the Guest shall only apply if this has been expressly agreed in advance in text form.

2. Conclusion of contract, reservation

The contractual partners are TIN INN and the Guest. Offers by TIN INN regarding available Units are subject to change and non-binding. The contract is concluded in text form. The actual availability of a Unit and the applicable price are checked and shown during the electronic reservation process. The accommodation contract is concluded by submitting the reservation for the conclusion of an accommodation contract via the electronic reservation process (hereinafter "Reservation"). The languages shown for the reservation process on the TIN INN website are available for the conclusion of the contract.
In order to make a Reservation, the Guest must be at least 18 years of age. Unaccompanied minors are not entitled to stay in a Unit.
By making a Reservation, the Guest accepts the offer submitted by TIN INN within the electronic reservation process for the conclusion of an accommodation contract. TIN INN reserves the right to define industry-standard restrictions for reservations, such as minimum stays, booking guarantees or down payments for certain dates within the reservation process. To document the Reservation, the Guest receives a reservation confirmation from TIN INN.
The Guest does not acquire any claim to the provision of specific Units, unless this has been expressly agreed in text form within the accommodation contract, but rather a claim to the provision of a Unit of the reserved category at the location of the Reservation.

3. Electronic reservation process

The electronic reservation process can be initiated on the TIN INN website. The service contents of the desired Reservation and the price can be printed out throughout the entire reservation process via the browser's print icon. The general terms and conditions applicable to this can be accessed throughout the entire reservation process via the GTC link at the bottom of the page and can be printed out or saved via the print icon.
Before submitting the Reservation, the Guest can check and correct the name, address and billing data in the reservation form for input errors. The option to cancel the reservation process by closing the browser exists throughout the entire reservation process.

Before submitting a legally binding Reservation, the Guest must confirm, by clicking the relevant checkbox, that they agree to the applicability of the general terms and conditions. Only by confirming the "reserve subject to payment" button is the Reservation forwarded to TIN INN.
Receipt of the Reservation by TIN INN is confirmed without undue delay by e-mail. In the confirmation e-mail, the Guest's Reservation, including further information, in particular the general terms and conditions applicable to the contract, is listed once again, and the Guest is given the opportunity to save it. The Guest is requested to save or print out this confirmation e-mail together with the general terms and conditions, as such a self-contained compilation of the contractual terms is generally not stored by TIN INN in this form and is thereafter no longer accessible to the Guest. Unless expressly stated otherwise in the confirmation e-mail, the confirmation e-mail simultaneously constitutes the reservation confirmation, the receipt of which leads to the conclusion of the contract.

4. Services, prices

TIN INN is obliged to keep available the rooms booked by the Guest and to render the agreed services.
The Guest is obliged to pay the prices agreed or applicable by TIN INN for the provision of the room and for the further services used by the Guest. This also applies to services commissioned by the Guest directly or via TIN INN that are rendered by third parties and advanced by TIN INN.
Unless otherwise agreed, TIN INN will send the Guest, at the agreed time of the room provision, a code with which the booked room can be opened. The code is only sent if, at the agreed time of the room provision, the entire amount for the booked period is secured at TIN INN. To this end, by choosing the payment method "credit card", the Guest must grant TIN INN the possibility to charge the credit card with the amount owed at the agreed time of the room provision. The Guest may voluntarily choose another payment method provided for in the reservation process and thereby voluntarily transfer the amount owed for the provision of services to TIN INN in advance. Apart from the obligation to ensure that the total amount owed for the entire Reservation reaches TIN INN by the agreed time of the room provision, or to enable a charge by providing a credit card, the Guest is not obliged to perform in advance. TIN INN, for its part, is not obliged to perform in advance and only has to begin the service owed after receipt or crediting of the total amount owed.
The prices shown by TIN INN at the time of the respective conclusion of contract apply. The applicable prices are gross total prices and include all statutory taxes, fees and charges. Not included and charged separately are local charges owed by the Guest themselves under the respective municipal law, such as, for example, visitor's tax (Kurtaxe).
In the event of a change in tax, fee and charge rates as well as the effective levying of new taxes, fees and charges previously unknown to the parties, TIN INN reserves the right to adjust the prices accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract (booking confirmation) and the contract adjustment exceeds four months.
TIN INN may make its consent to a subsequent reduction requested by the Guest in the number of booked Units, in TIN INN's service or in the Guest's length of stay conditional upon an increase in the price for the Units and/or for TIN INN's other services.

5. Terms of payment

Invoices from TIN INN are due for payment without deduction at the latest upon receipt.
Subject to the provision in clause 4.3, TIN INN is entitled, upon conclusion of the contract, to demand from the Guest a reasonable advance payment or security deposit, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in the contract in text form. In the case of advance payments or security deposits for package travel, the statutory provisions remain unaffected. In the event of the Guest's default in payment, the statutory provisions apply.
In justified cases, for example payment arrears of the Guest or extension of the scope of the contract, TIN INN is entitled, even after conclusion of the contract and up to the start of the stay, to demand an advance payment or security deposit within the meaning of the preceding clause 5.2, or an increase of the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
TIN INN is furthermore entitled, at the start of and during the stay, to demand from the Guest a reasonable advance payment or security deposit within the meaning of the preceding clause for existing and future claims arising from the contract, insofar as such has not already been provided pursuant to the preceding clause 5.2 and/or clause 5.3.
The Guest may only set off or offset against a claim by TIN INN with an undisputed claim or a claim that has become res judicata.
The Guest agrees that the invoice may be transmitted to them by electronic means.

6. Cancellation deadlines

If, within the reservation process, a free cancellation right in favour of the Guest is shown for the Unit and is thereupon agreed in the accommodation contract, the Guest may cancel the accommodation contract free of charge within the agreed cancellation deadline, stating the reservation number. The Guest's cancellation right expires if they do not exercise their right of cancellation vis-à-vis TIN INN by the agreed deadline.
After expiry of the cancellation deadlines, a free cancellation is excluded and TIN INN retains the claim to the agreed remuneration despite the service not being used. TIN INN must credit the income from letting the Unit elsewhere as well as the expenses saved. The same applies in the event of the Guest's non-appearance (no show) or if the Guest departs at an earlier point in time than agreed.
Unless otherwise agreed between TIN INN and the Guest in the accommodation contract, in the case of a group booking (from five Units), the Guest may cancel up to eight weeks before arrival. If the Guest cancels the accommodation contract up to four weeks before arrival, TIN INN is entitled to invoice 50% of all reserved services. If the Guest cancels at a later point in time, TIN INN is entitled to invoice 100% of all reserved services.

7. Termination by TIN INN

TIN INN is entitled to terminate the accommodation contract for good cause. Good cause exists in particular if (i) force majeure or other circumstances for which TIN INN is not responsible make the performance of the accommodation contract impossible, (ii) Units are booked culpably with misleading or false information or with the concealment of material facts; in particular, but not exclusively, the identity of the Guest, solvency or the purpose of the stay may be regarded as material, (iii) TIN INN has justified cause to assume that the use of the service may jeopardise the smooth business operation, the security or the reputation of TIN INN and its locations in public, without this being attributable to the control or organisational sphere of TIN INN; (iv) the purpose or occasion of the stay is unlawful; (v) there is a breach of clause 1.2 above, or (vi) the Guest breaches the general terms and conditions despite a warning.
Insofar as it has been agreed that the Guest may cancel the contract free of charge within a certain period, TIN INN is, for its part, entitled during this period to withdraw from the contract if there are enquiries from other guests for the contractually booked Units and the Guest, upon TIN INN's request with the setting of a reasonable deadline, does not waive their right of cancellation. This applies accordingly in the case of the granting of an option if there are other enquiries and the Guest, upon TIN INN's request with the setting of a reasonable deadline, is not prepared to make a firm booking (waiver of the cancellation right).
If an advance payment or security deposit agreed or demanded pursuant to clause 5.2 and/or 5.3 is not provided even after the expiry of a reasonable grace period set by TIN INN, then TIN INN is likewise entitled to terminate the contract.
In the event of justified termination on the part of TIN INN, the Guest does not have any claim to damages.

8. Possibilities of use of reserved Units

A reserved Unit is available to the Guest from 3:00 p.m. on the day of arrival and until 11:00 a.m. on the day of departure. The Guest has no claim to earlier or later provision in the aforementioned sense.
If a Guest does not make the Unit available, vacated, by 11:00 a.m. at the latest, TIN INN may, due to the late vacating of the Unit, invoice 50% of the full daily price (list price) for its use beyond the contract until 2:00 p.m., and 90% from 6:00 p.m. This does not establish any contractual claims for the Guest. The Guest is free to prove that TIN INN has incurred no claim, or a substantially lower claim, to a usage fee.
On request and subject to availability, an earlier arrival (early check-in) can be agreed with TIN INN in advance. If TIN INN agrees to an early check-in, TIN INN is entitled to invoice EUR 10.00 per hour commenced for the additional use of the Unit. There is no contractual claim to an early check-in.

9. Rules of use

The Guest undertakes to treat the provided Unit, the furnishings, as well as the rooms, facilities and installations intended for communal use, with care and consideration.
The Guest furthermore undertakes to notify TIN INN of any complaints or defects without undue delay.
The Units are non-smoking Units. It is therefore prohibited to smoke in the communal areas as well as in the guest Units and in the corridor and/or terrace areas.
As a matter of principle, noise is to be avoided in the booked Unit, in the communally used premises and on the surrounding grounds. Quiet hours from 10 p.m. to 6 a.m. are to be observed ("Quiet hours").
The operation of a business in the rooms (of whatever kind) is prohibited. In this respect, the maximum number of visitors is limited to one visitor per overnight stay. Should a Guest receive visitors beyond this, i.e. at least two persons per overnight stay, then the Guest owes TIN INN compensation for expenses and a wear-and-tear flat fee as well as a contractual penalty in a total amount of EUR 750.00 per night per visitor.
The Guest must treat the Unit with care and, in particular, avoid heavy soiling.
Bringing batteries into the rooms is prohibited. This means e-bike batteries or the like. Strictly speaking, these constitute a fire load. However, batteries of laptops etc. are of course permitted, as it would be impractical to prohibit this.
Bringing a pet is not permitted. Exceptions, however, are guide dogs, hearing dogs and other comparable service dogs. These may be brought along free of charge and at any time upon proof.

10. Liability of TIN INN

The strict (no-fault) liability of TIN INN pursuant to Section 536a(1) BGB for material defects existing at the time of conclusion of the contract is excluded.
Subject to the limitation of liability in this clause 10.2, TIN INN is liable for damages in the event of intent and gross negligence, in the event of culpable injury to life, body or health, in the event of defects which TIN INN has fraudulently concealed, within the scope of any guarantee given or assumption of a procurement risk, and for recourse claims in the case of resales within the meaning of Sections 445a–c BGB, in the event of default and in the case of liability under the German Product Liability Act. In the event of a culpable breach of material contractual obligations (the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Guest may regularly rely), TIN INN is also liable in the case of a slightly negligent breach, but then limited to the foreseeable damage typical for the contract that is reasonably foreseeable. The limitation of liability also applies to claims for reimbursement of expenses pursuant to Section 284 BGB. In all other respects, claims for damages, on whatever legal grounds, are excluded.
Should disruptions or defects occur in the services of TIN INN, TIN INN will endeavour to remedy them upon becoming aware of them or upon the Guest's prompt complaint. The Guest is obliged to contribute what is reasonable to remedy the disruption and to keep any possible damage to a minimum. In all other respects, the Guest is obliged to notify TIN INN in good time of the possibility of the occurrence of exceptionally high damage.
For items brought in, TIN INN is liable in accordance with the statutory provisions with limited liability pursuant to Section 702 BGB. In particular, on the basis of Section 701 BGB, TIN INN is liable only up to an amount corresponding to one hundred times the accommodation price for one day, but at least up to the amount of EUR 600 and at most up to the amount of EUR 3,500; for money, securities and valuables, the amount of EUR 800 replaces the amount of EUR 3,500.
If a parking space is made available to the Guest, even for a fee, no contract of safekeeping is concluded thereby. There is no obligation of supervision on the part of TIN INN. In the event of loss of or damage to motor vehicles or bicycles parked or manoeuvred on the property, or their contents, TIN INN is liable in accordance with the preceding clause 10.1.
All claims against TIN INN generally become time-barred within one year from the start of the statutory limitation period. This does not apply to claims for damages or other claims arising from injury to life, body or health and/or due to a grossly negligent or intentional breach of duty by TIN INN, as well as in the case of breaches of a cardinal obligation within the meaning of clause 10.1.

11. Data protection

The collection and processing of personal data takes place in accordance with the privacy policy of TIN INN, which can be accessed, among other places, on the TIN INN website.

12. Final provisions

Should one of the foregoing provisions be invalid or unenforceable or contain a gap, the validity of the remaining provisions shall not be affected thereby. In the case of gaps, the parties are obliged to make a new provision that comes as close as possible to the invalid or unenforceable provision.
Amendments and supplements as well as the cancellation of the accommodation contract, the acceptance of the application or these general terms and conditions require text form. With the exception of managing directors or authorised signatories (Prokuristen), the employees of TIN INN are not entitled to make deviating verbal arrangements.
The place of performance and payment is the registered office of TIN INN.
In the case of all disputes arising from the contractual relationship, if the Guest is a merchant, a legal person under public law or a special fund under public law, the action must be brought exclusively before the court that has jurisdiction over the registered office of TIN INN. TIN INN is also entitled to bring an action at the Guest's place of business
German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
TIN INN is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.