These General Terms and Conditions shall apply to all contracts on the rental of flats or rooms (hereinafter referred to as “unit”) for accommodation concluded between TIN INN GmbH, Forster Weg 40, 41849 Wassenberg (hereinafter referred to as “TIN INN”) and a contracting party (hereinafter referred to as “guest”) as well as to all further services and deliveries rendered (accommodation contract), unless the parties have concluded an individual agreement.
Subletting or re-letting of the provided unit as well as its use for other than accommodation purposes require the prior consent of TIN INN in text form, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the Guest is not a consumer within the meaning of § 13 BGB.
The guest’s general terms and conditions shall only apply if this has been expressly agreed in text form in advance.
2. Conclusion of contract, reservation
The contracting parties are TIN INN and the guest. Offers by TIN INN regarding available units are subject to change and non-binding. The conclusion of the contract shall be in text form. The actual availability of a unit and the applicable price shall be 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 on the TIN INN website for the reservation process are available for the conclusion of the contract.
In order to make a reservation, the guest must be at least 18 years old. Minors travelling alone are not eligible to stay in a unit.
By making a reservation, the guest accepts TIN INN’s offer to enter into an accommodation contract made during the electronic reservation process. TIN INN reserves the right to define industry-standard restrictions for reservations such as minimum stays, booking guarantees or deposits for certain dates as part of the reservation process. The guest receives a reservation confirmation from TIN INN to document the reservation.
The guest does not acquire a claim to the provision of certain units, unless this has been expressly agreed in text form within the framework of the accommodation contract, but 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 during the entire reservation process via the browser’s print icon. The applicable General Terms and Conditions can be accessed throughout the reservation process via the GTC link at the bottom of the page and printed or saved via the print icon.
Before submitting the reservation, the guest can check and correct name, address and billing data for input errors in the reservation form. The option to cancel the reservation process by closing the browser exists during the entire reservation process.
Before submitting a legally binding reservation, the guest must confirm that he/she agrees to the General Terms and Conditions by clicking on the relevant checkbox. The reservation will only be forwarded to TIN INN by confirming the button “book with costs”.
The receipt of the reservation by TIN INN will be confirmed immediately by e-mail. In the confirmation email, the guest’s reservation including further information, in particular the General Terms and Conditions applicable to the contract, will be listed again and the guest will be given the opportunity to save them. The guest is requested to save or print this confirmation email together with the General Terms and Conditions, as such a concluded set of contractual terms and conditions is generally not saved at TIN INN in this form and is no longer accessible to the guest thereafter. Unless expressly stated otherwise in the confirmation e-mail, the confirmation e-mail shall at the same time constitute the reservation confirmation, the receipt of which shall lead to the conclusion of the contract.
4. Services, prices
TIN INN is obliged to keep the rooms booked by the guest available and to provide the agreed services.
The guest is obliged to pay the agreed or applicable prices of TIN INN for the provision of the room and the other services used by the guest. This also applies to services ordered by the guest directly or via TIN INN, which are provided by third parties and paid for by TIN INN.
Unless otherwise agreed, TIN INN will send the guest a code at the agreed time of the provision of the room, with which the booked room can be opened. The code will only be sent if the entire amount for the booked period is secured at TIN INN at the agreed time of the provision of the room. For this purpose, the guest shall, by choosing the means of payment “credit card”, grant TIN INN the possibility to charge the amount owed to the credit card at the agreed time of the provision of the room. The guest may voluntarily choose another means of payment provided for in the reservation process and thus voluntarily transfer the amount owed for the provision of services to TIN INN in advance. Apart from the obligation to send the total amount owed for the entire reservation to TIN INN by the agreed time of the provision of the room or to enable a charge by specifying a credit card, the guest is not obliged to pay in advance. For its part, TIN INN is not obliged to perform in advance and must only commence 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 the contract shall apply. The applicable prices are gross total prices and include all statutory taxes, fees and charges. Not included and charged separately are local taxes that are owed by the guest according to the respective local law, such as visitor’s tax.
In the event of changes to tax, fee and levy rates as well as the effective levying of new taxes, fees and levies 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 adjustment of the contract exceeds four months.
TIN INN may make its consent to a subsequent reduction requested by the guest in the number of units booked, the service provided by TIN INN or the length of stay of the guest dependent on an increase in the price for the units and/or for the other services provided by TIN INN.
5. Terms of payment
Invoices from TIN INN are due for payment without deduction upon receipt at the latest.
Subject to the provision in clause 4.3, TIN INN shall be entitled to demand a reasonable advance payment or security, for example in the form of a credit card guarantee, from the guest upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract. The statutory provisions shall remain unaffected in the case of advance payments or security deposits for package tours. In the event of default of payment by the guest, the statutory provisions shall apply.
In justified cases, e.g. payment arrears on the part of the guest or extension of the scope of the contract, TIN INN is entitled, even after conclusion of the contract until the start of the stay, to demand an advance payment or security deposit as defined in clause 5.2 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
TIN INN shall also be entitled to demand a reasonable advance payment or security deposit as defined in the above clause from the guest at the beginning and during the stay for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with the above clause 5.2 and/or clause 5.3.
The Guest may only set off or offset an undisputed or legally binding claim against a claim of TIN INN.
The guest agrees that the invoice can be sent to him electronically.
6. Cancellation periods
If a right to cancel free of charge in favor of the guest is stated in the reservation process for the unit and subsequently agreed in the accommodation contract, the guest may cancel the accommodation contract free of charge within the agreed cancellation period by stating the reservation number. The guest’s right to cancel expires if he does not exercise his right to cancel vis-à-vis TIN INN by the agreed date.
After the expiry of the cancellation deadlines, a cancellation free of charge is excluded and TIN INN retains the claim to the agreed remuneration despite the non-utilisation of the service. TIN INN shall credit the income from renting the unit elsewhere as well as the saved expenses. The same applies in the event of non-appearance of the guest (no show) or if the guest departs at an earlier time than agreed.
Unless otherwise agreed between TIN INN and the guest in the accommodation contract, a cancellation by the guest is possible up to eight weeks before arrival in the case of a group booking (from five units). ). If the guest cancels the accommodation contract up to four weeks before arrival, TIN INN is entitled to charge 50% of all reserved services. If the guest cancels at a later date, TIN INN is entitled to charge 100 % of all reserved services.
7. Cancellation by TIN INN
TIN INN is entitled to terminate the accommodation contract for good cause. Good cause shall be deemed to exist in particular if (i) force majeure or other circumstances for which TIN INN is not responsible make it impossible to perform the accommodation contract, (ii) units are culpably booked with misleading or false information or concealment of material facts; material facts may include, but are not limited to, the identity of the Guest, the ability to pay or the purpose of the stay; (iii) TIN INN has reasonable grounds to assume that the use of the service may jeopardise the smooth operation, safety or public reputation of TIN INN and its locations without this being attributable to the sphere of control or organisation of TIN INN; (iv) the purpose or the reason for the stay is unlawful; (v) there is a breach of the above-mentioned clause 1.2 or (vi) the Guest is in breach of the law.
If it has been agreed that the guest may cancel the contract free of charge within a certain period of time, TIN INN shall be entitled for its part to withdraw from the contract within this period of time if there are requests from other guests for the units booked under the contract and the guest does not waive his right to cancel upon inquiry by TIN INN with a reasonable deadline. This applies accordingly in the case of granting an option if there are other enquiries and the guest is not prepared to make a firm booking (waiver of the right to cancel) after being asked by TIN INN with a reasonable period of notice.
If an advance payment or security deposit agreed or requested in accordance with section 5.2 and/or 5.3 is not made even after a reasonable grace period set by TIN INN has expired, TIN INN shall also be entitled to terminate the contract.
In the event of justified termination on the part of TIN INN, the guest shall not be entitled to compensation.
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 right to earlier or later availability in the aforementioned sense.
If a guest fails to vacate the unit by 11.00 a.m. at the latest, TIN INN may charge 50% of the full daily rate (list price) for the late vacating of the unit until 2.00 p.m., and 90% from 6.00 p.m. onwards. Contractual claims of the guest are not justified by this. The guest shall be at liberty to prove that TIN INN has not incurred any or a significantly lower claim to a usage fee.
Upon request and depending on 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 charge EUR 10.00 per hour or part thereof for the additional use of the unit. There is no contractual entitlement to an early check-in.
The guest undertakes to treat the rented unit, the furnishings and the rooms, facilities and installations intended for common use with care and consideration.
The guest further undertakes to report any complaints or defects to TIN INN without delay. 3. the units are non-smoking units.
The units are non-smoking units. It is therefore forbidden to smoke in the common areas as well as in the guest units and corridor and/or terrace areas.
As a matter of principle, noise in the booked unit, the common areas and on the surrounding grounds must be avoided. Night-time rest is to be observed from 10 p.m. to 6 a.m. (“quiet hours”).
Red light operation is prohibited.
The guest must treat the unit with care and in particular avoid rough soiling.
It is forbidden to take batteries into the rooms. This refers to e-bike batteries or similar. Strictly speaking, these are a fire hazard. However, laptop batteries etc. are of course permitted and it would be impractical to prohibit this.
Bringing a pet is not permitted. Exceptions to this rule are guide dogs, dogs for the deaf and other similar service dogs. These may be brought along free of charge and at any time upon presentation of proof.
10. Liability of TIN INN
The strict liability of TIN INN pursuant to section 536a (1) of the German Civil Code (BGB) for material defects existing at the time of the conclusion of the contract is excluded.
Subject to the limitation of liability in this section 10.2, TIN INN shall be liable for damages in the event of intent and gross negligence, culpable injury to life, limb or health, in the event of defects which TIN INN has fraudulently concealed, within the scope of any guarantee promise or assumption of a procurement risk and for recourse claims in the event of resale within the meaning of §§ 445a-c BGB, in the event of default and in the event of liability under the Product Liability Act. In the event of culpable breach of essential 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 shall also be liable in the event of slightly negligent breach, but then limited to the reasonably foreseeable damage typical for the contract. The limitation of liability also applies to claims for reimbursement of expenses according to § 284 BGB. Otherwise, claims for damages are excluded, irrespective of the legal grounds.
If disruptions or deficiencies occur in the services of TIN INN, TIN INN will endeavour to remedy the situation if it becomes aware of them or if it receives a complaint from the guest without delay. The guest is obliged to contribute what is reasonable in order to remedy the disruption and minimise any possible damage. In addition, the guest is obliged to inform TIN INN in good time of the possibility of an extraordinarily high damage.
TIN INN shall be liable for items brought in in accordance with the statutory provisions with limited liability pursuant to § 702 BGB. In particular, TIN INN shall only be liable on the basis of § 701 BGB up to an amount which corresponds to 100 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 3500; for money, securities and valuables, the amount of EUR 800 shall replace EUR 3500.
If a parking space is made available to the guest, even for a fee, this shall not constitute a custody agreement. TIN INN shall have no duty of supervision. In the event of loss of or damage to motor vehicles or bicycles parked or manoeuvred on the property or their contents, TIN INN shall be liable in accordance with the above clause 10.1.
All claims against TIN INN shall in principle become statute-barred within one year of the statutory commencement of the limitation period. This does not apply to claims for damages or other claims arising from injury to life, limb or health and/or due to a grossly negligent or intentional breach of duty by TIN INN and in the event of breaches of a cardinal duty within the meaning of clause 10.1.
11. Data protection
The collection and processing of personal data is carried out in accordance with TIN INN’s data protection declaration, which can be found on TIN INN’s website, among other places.
12. 12 Final provisions
Should any of the above provisions be invalid or unenforceable or contain a loophole, this shall not affect the validity of the remaining provisions. In the event of a loophole, the parties are obliged to agree on 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 must be made in text form. With the exception of managing directors or authorised signatories, the employees of TIN INN are not entitled to make deviating verbal agreements.
The place of performance and payment shall be the registered office of TIN INN.
In the event of all disputes arising from the contractual relationship, if the guest is a merchant, a legal entity under public law or a special fund under public law, the action shall be brought exclusively before the court which has jurisdiction for the registered office of TIN INN. TIN INN is also entitled to take legal action at the registered office of the guest.
German law shall apply. 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.