General Terms and Conditions (GTCs)

 

Bookings

  1. By making an advance payment for a certain rental period for an apartment, the rental contract is concluded.
  2. The contract applies to the respective guest, the landlord (Schwanenburg Apartments) and obligates the landlord and those customers who have made a booking without being guests of the landlord themselves. If a customer has ordered for a guest, he is liable to the landlord with the guest as joint debtor.
  3. a) The conclusion of the guest accommodation contract / rental contract obliges the contractual partners to fulfil the contract for the entire duration of the contract. The contract cannot be dissolved unilaterally.
    b) Option bookings are binding for both contracting parties. The landlord reserves the right to allocate the reserved landlord rooms / event rooms to other parties after the expiry of the option booking.
    c) Function rooms booked shall only be available to the contracting party at the agreed times. Any use beyond this requires prior agreement with the lessor.
    d) For all group bookings, it is necessary that the lessor receives a list of participants 14 working days before the group's arrival.
  4. The guest is obliged to fill in the registration form on arrival, unless he/she has checked in in advance via the website provided, if any.
  5. a) If the guest does not arrive at the check-in times on the agreed arrival day, the landlord is entitled to assign the room / rooms elsewhere, if the guest / customer has not notified the landlord in advance.
    b) If the guest has reserved accommodation for several days and does not arrive on the scheduled day, the landlord assumes that the guest / customer has withdrawn from the confirmed trip, if he has neither notified a later arrival, nor arrives no later than 11.00 am of the next day.
    c) In the cases a) and b) the guest is obliged to pay the cancellation fees. The customer / guest is at liberty to claim higher actual saved expenses as well as higher actual advantages, which are obtained from an otherwise utilization of the use.
  6. The room(s) must be vacated by 10.00 a.m. on the day of departure. If the guest does not ensure that the room(s) is/are available at this time by vacating and settling the bill, the landlord may demand the full price for the further day and vacate the flat if another guest has booked the flat.
  7. Schwanenburg reserves the right to rebook the guest to other apartments at the same price. The rebooking will be made with priority to new apartments that are equal or better than the previously booked apartments in terms of equipment, size and price. Should the booked apartments or other apartments not be available for technical reasons, Schwanenburg will reimburse the guest for the difference in price to the booking price of the new apartment.   
  8. We do not offer smoking rooms. Smoking is only allowed outside in the specially marked areas. If smoking is still allowed in the flat, we cannot rent out the room for at least 5 more days, as the smell will take hold and other guests will not want to rent it. Cleaning costs of at least 150 € will be due, as well as the loss due to the non-rentability of at least 500 €, these are to be paid by the guest. If the guest violates the smoking ban, the guest must leave the room immediately and pay these costs. If it is established after moving out - e.g. by the cleaning staff, with an additional witness - that the guest has smoked, these costs are also to be paid by the guest. The statement of the cleaning staff and the landlord shall be considered as proof.
  9. The guest has a special duty of care for all furnishings of the landlord and must ensure the same within the framework of the accommodation provided for careful treatment. In case of use of the room contrary to the contract, the landlord has an extraordinary right of termination. In principle, the guest may not receive visitors in his room without first obtaining the consent of the landlord. It is also inadmissible to stay overnight with persons other than those notified to the landlord.
  10. Animals may not be taken into the rented rooms. If this is not observed and the guest therefore leaves, this does not release him/her from the obligation to pay cancellation fees.
  11. As far as the guest is offered the possibility to park his vehicle on a parking lot belonging to the lessor, the parking is at the guest's own risk. The Lessor shall not be obliged to exercise care or custody.
  12. If the guest notices defects, especially in the area of the landlord's room, these must be reported immediately so that the landlord has the opportunity to remedy the reported defects at short notice. A defect which is only asserted upon departure does not lead to a reduction of the room price if this defect was not known to the landlord.
  13. In case of loss of the key, the costs for the damage caused and the replacement are to be borne by the causer. The costs for the loss of the hotel key are 200 euros, as this is part of a central locking system.
  14. The landlord rules (house rules) - available online and in the room as a folder - is included in the above landlord contract and is binding for all guests. In case of gross violations of the landlord rules/house rules an extraordinary termination is possible. If a guest intentionally violates the house rules or endangers the well-being and safety of our staff or our other guests with his behavior, then we are entitled to make use of our domiciliary rights and to issue a house ban against the guest. The house ban is valid with immediate effect. There is no claim for any further booked days. There is no right of refund.

Cancellations

  1. After confirmation of the room reservation, we will hold a room in the desired category as agreed. Changes or cancellations bring losses that we cannot bear alone. We do not want to discourage our future guests with the following contract conditions, but should you still be forced not to start your trip, please contact us.
    1. In order to avoid any costs, we recommend that you take out travel cancellation insurance.
    2. Cancellations are only valid if we receive them in writing (also by e-mail). In the event of a cancellation, we will of course try to let the room(s) or holiday flat(s) to someone else. For regular guests, a cancellation payment may be waived as a gesture of goodwill, depending on the individual case and the pre-booking period. Otherwise, cancellation of a firm booking, whether in written, telephone or verbal form, will be charged according to the table below.
      Cancellation period Cancellation costs At least
      Up to 30 days before departure 10% 100 €
      29 to 21 days before departure 50% 100 €
      20 to 8 days before departure 75% 100 €
      7 to 2 days before departure 90% 100 €
      1 day before departure, cancellation of stay, no-show 100% 100 €

Termination by Schwanenburg

  1. Schwanenburg is entitled to terminate accommodation contracts (even after occupation of the room(s)) with immediate effect and, in the exercise of its domiciliary rights, to expel the guest or group of guests from the premises if the guest or group of guests harms the reputation, safety or standing of the landlord, is suspected of committing criminal acts or harasses, disturbs or endangers other guests, residents, passers-by or neighbors.
  2. In particular, violations by the guest or group of guests against regulations from the GTCs or the house rules, as well as damage, soiling or theft of hotel property entitle Schwanenburg to immediate termination. This also applies if the guest uses the room or other rooms for a purpose other than the agreed purpose. In these cases, the guest is obligated to pay damages and to pay for the accommodation already used, as well as to pay for accommodation not yet used in accordance with the cancellation regulations.
  3. This also applies to all other accommodation contracts in the event of force majeure or the existence of another important reason within the mutually agreed cancellation regulations.

House rules

  1. Quiet hours are from 10pm to 7am, please be considerate of other guests.
  2. The kitchen is to be left clean, garbage is to be removed from the apartment. Rearranging the furniture is not allowed.
  3. If the kitchen is not left clean or the garbage is not disposed of, we are unfortunately forced to charge a cleaning fee starting at 50 €. 
  4. The Wi-Fi connection is only suitable for Internet surfing, short messages and emails, not suitable for TV or streaming movies, as the bandwidth is not sufficient for this, and other guests can then not use the Internet.
  5. The heating must not be on during the day when the flat is unoccupied, and the windows must be kept closed in winter unless the flat is being aired (see also below).
  6. Ventilation in winter: Please ventilate the apartment by means of "shock ventilation" for 3-5 minutes, with wide open windows, if necessary with drafts from several windows. Otherwise, keep the windows closed. 
  7. If the windows are left open in winter with the heating on, the guest will be charged for this, starting from 15 € per day per room.
  8. The landlord shall inspect the flats daily to determine any problems; if necessary, the landlord shall turn down the heating, close the windows and point out any violations of the house rules. The landlord must be granted access to the flat.
  9. Please use the slippers provided - entering the flat with street shoes is not allowed.
  10. Parking is free of charge, please always park so that the white boundary lines are not exceeded, otherwise the entrance is too narrow. For long vehicles, please use parking spaces on the north side (Bucher Chaussee), which are larger. 
  11. Check-out is until 10 h. Please leave the key on the table in the flat.
  12. You can dispose of your rubbish at the rubbish containers located at the first car entrance in Lindenberger Str. (see map). Please use the appropriate bins (blue: paper, black: residual waste, plastic: yellow bags) for disposal. If you need more refuse bags, please contact the administration.
  13. Smoking is not permitted. Smoking is only permitted in the specially marked smoking areas outside. Smoking is not permitted in the car parks. No cigarette butts on the floor.
  14. Outside: Noisy groups, loud telephoning and the consumption of alcohol are not permitted.
  15. Electronic devices brought by the guest such as laptops, tablets, smartphones, razors etc. may not be charged in the absence of the guest. Should an electronic device brought by the guest cause a fire in the room/apartment, the guest is liable for all damage resulting from this.
  16. Keep the volume down when listening to music, watching TV or having conversations. No parties.
  17. Pets are not allowed.
  18. Price list for further service
    • Washing incl. drying per 7 kg: 10.-€
    • Additional bed linen: 2.- €
    • Additional towel: € 2
    • Intermediate cleaning of the apartment including bed linen and towels: from 25.- € for a small apartment to 90 € for an apartment with 5 rooms.

 

Event room

  1. The subletting or further leasing of functional rooms, exhibition or advertising space requires the written permission of the Lessor.
  2. Any exhibition or other objects that are carried along - not "brought in" within the meaning of § 702 BGB (German Civil Code) - are located in the event rooms or in the Lessor at the risk of the Customer / Guest. Except in cases of gross negligence or intent, the Lessor shall not be liable for loss, destruction or damage. Exhibition parts or other objects brought along must be removed immediately after the end of the event. If the client/guest fails to do so, the lessor may carry out the removal and storage at the client's expense. The Lessor may charge room rent for the remaining objects in the event room for the duration of the stay. The attachment of presentation material or other objects is not permitted without the consent of the lessor. All decoration material must comply with the fire police requirements. Valuables, money and papers of monetary value (cheques, cheque cards, etc.) must be deposited in the Lessor's safe at reception.
  3. If the Lessor has reasonable cause to believe that the event threatens to jeopardise the smooth running of business, the safety or the reputation of the House or the guests, or in the event of force majeure or internal unrest, the Lessor may cancel the event; the assertion of any claims for damages against the Lessor is excluded in this case.
  4. Newspaper advertisements containing data of the apartment house for invitations, for sales events and job interviews, or the use of the apartment house for advertising measures of the contracting party require in principle prior written consent of the landlord. If a publication is made without the consent of the landlord and if essential interests of the apartment house are affected thereby, the landlord has the right to cancel the event; in this case, payment is insisted.
  5. In the case of joint meals, the organiser must inform the landlord of the exact number of participants 3 working days before the event begins. This number is considered guaranteed.
  6. Bringing food and drinks with you is generally not permitted. Exceptions are only possible in agreement with the landlord and by paying the usual service costs / cork money.
  7. Circumstances which have caused the guest/customer to conclude the lessor's contract, but which do not occur for reasons beyond the guest/customer's control (e.g. cancellation of a trade fair or similar), do not lead to the contract being reversed according to the legal institution of the omission of the basis of the business.
  8. Insofar as the Lessor procures external services of a technical, decorative or other nature from third parties for the Organiser, it acts in the name and on behalf of the Organiser. The organizer is liable for the careful treatment and proper return of these objects and releases the lessor from all claims of third parties.

General provisions

  1. Surveillance cameras are installed around the outside of the flats for the safety of the guests. By booking a flat, the client agrees that pictures/videos may be taken and used in accordance with the DSGVO. 
  2. The apartment/room may be entered during the guest's stay for the purpose of cleaning or to carry out necessary repair work by the staff or the owner if he carries out this work himself, as well as in justified exceptional cases (concrete suspicion of damage) or in case of danger.  
  3. Remaining belongings of the customer/guest will only be sent on request, risk and costs of the customer. Any liability of the lessor is excluded in this respect.
  4. Insofar as the accommodation cannot be made available for reasons that lie within the sphere of risk of the lessor, the lessor shall not be liable for compensation for uselessly spent holiday time. In all other respects, the lessor shall only be liable in the event of intent or gross negligence on the part of the lessor's legal representatives or vicarious agents.
  5. If there are changes in the statutory value added tax between the conclusion of the contract and the start of the first overnight stay, the guest/customer agrees that for changes in the agreed price resulting from the mere change in value added tax, the agreed price will also change in accordance with the change in value added tax.
  6. The landlord has a claim to cash payment of all services before departure / on arrival and accordingly a legal lien on the brought things of the guest. If the landlord has agreed with the customer / guest deposits on the accommodation price, he is then, if the customer does not pay at the due date of the deposit, entitled to extraordinary termination of the contract. The claim for cancellation fees remains unaffected. In case of cancellation of the reservation of the landlord's room, the customer / guest is obliged to pay cancellation fees, subject to other individual agreements: Cancellation to cancellation fee of the landlord in which the booked landlord rooms are located. 
  7. Malfunctions in technical or other equipment provided shall be remedied immediately as far as possible. However, a retention or reduction of payments cannot be made. Offsetting with counterclaims is excluded unless the counterclaims are undisputed or legally established.
  8. Messages intended for guests as well as mail and merchandise shipments are treated with care. The landlord shall be responsible for safekeeping. delivery and, if requested, the carriage forward of the same. Liability for loss, delay or damage is however excluded.
  9. Invoices sent are payable within 1 working day without deduction.
  10. The landlord accepts the following credit cards: Maestro, Visa and Mastercard.
  11. If the period between the conclusion of the contract and the provision of services exceeds 180 days, the lessor reserves the right to change prices without prior notice.
  12. Unused services from lump sum agreements will not be reimbursed.
  13. The place of jurisdiction and place of performance for the services of the lessor to non-merchants is the respective place or agreements are not affected. Oral subsidiary agreements have not been made. Changes or additions to the contract must be made in writing.
  14. Prospectus liability or internet liability is excluded.
  15. The landlord charges a flat rate of 15 € for each change of guest / employee.
  16. For cash payments the landlord does not accept 500€ banknotes or banknotes of foreign currencies.
  17. With respect to the guest / customer who is a merchant, it is agreed that the place of jurisdiction shall be Bernau bei Berlin. German law shall apply.
  18. Headquarters: Schwanenburg Apartments, owner Edgar Maass, Bucher Chaussee 1, D-16341 Panketal, Managing Director: Edgar Maass