S&H INCON GmbH

1. validity of these terms and conditions

1.1 These General Terms and Conditions apply to the entire business relationship, including future ones, between the Customer (hereinafter: Tenant) and S&H INCON GmbH. This includes the boarding house contract and all services provided in connection with the execution of these contracts in or on all buildings and areas belonging to S&H INCON GmbH.

1.2 The tenant’s general terms and conditions shall not apply. They are hereby rejected.

2. conclusion of contract

2.1 Offers from S&H INCON GmbH are subject to change and non-binding until the contract is concluded.

2.2 The contract is concluded as soon as the apartment/room (hereinafter referred to collectively as “apartment”) is booked by the Tenant’s acceptance. If a booking could not be made due to time constraints, the contract is concluded when the apartment is made available. The conclusion of the contract obliges the contracting parties to fulfill the contract, regardless of the duration of the contract. If the tenant making the booking is not also the user, the tenant making the booking and the user of S&H INCON GmbH shall be jointly and severally liable for the obligations arising from the booking.

2.3 If more than 4 months elapse between the conclusion of the contract and the provision of the service, the Lessor may increase the contractually agreed monthly rent by a reasonable amount, but by no more than 10%.

2.4 The price (see 5) must be paid in full before the start of the rental period (bank transfer and credit card). If monthly payments have been agreed in writing, these must be paid monthly in advance, at the latest by the 3rd working day of the month, free of charge to the account of S&H INCON GmbH.

2.5 S&H INCON GmbH is free to confirm a booking. Cancellations and similar declarations are only effective if they are made at least in text form.

2.6 If the Tenant is an entrepreneur, the content of bookings shall be governed exclusively by the booking confirmation from S&H INCON, unless the Tenant objects immediately in text form. This applies in particular to verbal or telephone orders and agreements. A notification to S&H INCON GmbH is in any case no longer immediate if it is not received by S&H INCON GmbH within seven days.

2.7 In the case of group bookings (3 persons or more), the organizer is obliged to send S&H INCON GmbH a list of participants no later than 14 days before arrival.

2.8 The provision of § 545 BGB does not apply.

3. provision and departure

3.1 Residential premises may only be used by the Tenant for residential purposes. If the Tenant uses the residential premises for commercial purposes or other purposes outside the residential purpose, this constitutes use in breach of the contract, which entitles the Landlord to terminate the contract without notice if the Tenant continues the use after the warning.

3.2 Booked apartments/rooms are available to the tenant from 12:00 noon on the day of arrival. Check in can take place from 12:00 to 20:00.

3.3 There is no entitlement to the provision of specific apartments or rooms. If certain apartments have been promised in the booking confirmation but are not available, S&H INCON GmbH can provide an equivalent replacement in the building. Further claims of the tenant are excluded.

3.4 Subletting or re-letting of the apartments is not permitted. Occupancy of the apartments by more than the booked number of persons requires the prior written consent of S&H INCON GmbH.

3.5 The Hirer is obliged to complete and sign the police registration form on site with his personal details.

3.5 As soon as your stay in an accommodation facility exceeds six months, you are subject to the general obligation to register with the registration authority. If you are not registered for an apartment in Germany and your stay exceeds three months, you must register with the registration authority within two weeks. The tenant is also expressly obliged to register with the landlord. In the event of a breach of this obligation or in the event of any other behavior that prevents the required registration, the landlord is entitled to terminate the contract without notice.

3.6 Should damage be discovered upon the Hirer’s departure/return of the rental object that has demonstrably been caused by culpable conduct on the part of the Hirer, S&H INCON GmbH shall be entitled to charge the amount of the expected repair costs to the Hirer’s credit card as security. Once the repair work has been carried out, S&H INCON GmbH shall immediately invoice the hirer for the actual repair costs incurred.

3.7 S&H INCON GmbH is entitled to demand a security deposit in the form of a credit card guarantee, a down payment or similar upon conclusion of the contract. The amount of the advance payment and payment date can be contractually agreed in text form.

3.8 Smoking in the apartments or corridors, stairwells and pets are not permitted.

3.9 Departure must take place by 11:00 a.m. at the latest on the day of departure; the apartment must be vacated by this time. S&H INCON GmbH may charge the full accommodation price for occupancy after 11:00 a.m. on the day of departure if the apartment is occupied by 12:00 noon. The tenant undertakes to pay this additional fee.

3.10 An extension of the stay beyond the period agreed in the boarding house contract is only possible after prior timely consultation with S&H INCON GmbH. This agreement should be made at least 14 days before the end of the contract and requires written confirmation from S&H INCON GmbH. The written confirmation shall be deemed an extension of the contract within the meaning of the boarding house contract.
In principle, there is no entitlement to an extension. If the customer does not move out in good time, this shall be deemed to be prohibited self-authorization.
The Boardinghouse is entitled to make use of its right of self-help in this respect, to take possession of the apartment and to temporarily store the guest’s belongings in a storage room at the guest’s expense and risk, exercising a right of lien.

3.11 Photography and filming for commercial purposes are prohibited throughout the property.

3.12 The Hirer is obliged to maintain private liability insurance for the duration of the contract.

4. withdrawal from the contract by the customer (cancellation, withdrawal, non-utilization of the accommodation service)

4.1 Reservations are binding for contractual partners.

4.2 If neither a contractual nor a statutory right of withdrawal exists in favor of the Client, S&H INCON retains the right to the agreed remuneration despite non-utilization of the service.

4.3 The following conditions apply to individual bookings: Reservations up to 13 nights can be canceled free of charge up to 8 days before the date of arrival. If the cancellation is made from the 8th day before arrival, a cancellation fee of 70% of the costs for the entire booking period will be charged. In the event of a no-show without cancelation or cancellation on the day of arrival, a cancellation fee of 100% of the costs for the entire booking period will be charged.

Reservations of 14-30 nights can be canceled free of charge up to 14 days before the date of arrival. If the cancellation is made from the 13th day before arrival, or in case of no-show without cancelation, a cancellation fee of 70% of the costs for a maximum of 14 nights will be charged.

Reservations of 31 nights or more can be canceled free of charge up to 30 days before the date of arrival. Cancellations made from the 31st day prior to arrival, or in the event of no-show without canceling, a cancellation fee of 70% of the costs for a maximum of 21 nights will be charged.

The tenant is entitled to prove that the landlord has incurred no or significantly less damage. In this case, the cancellation fee shall be reduced accordingly.

4.4 The following conditions apply to group bookings (> 3 apartments) or reservations for trade fairs and special periods, unless otherwise agreed in the contract: A booking can be canceled free of charge up to 30 days before arrival. In the event of cancellation from 29 days before arrival, the tenant is obliged to pay 70% of the costs for the entire booking period. The settlement is subject to the provisions of clause 4.5. The tenant is entitled to prove that the landlord has incurred no or significantly less damage. In this case, the cancellation fee shall be reduced accordingly.

4.5 In the event of early departure, 80% of the total amount shall be due.
S&H INCON GmbH shall endeavor to allocate unused apartments to other parties if possible. If S&H INCON GmbH is able to provide canceled services to third parties during the agreed period, the contractual partner’s compensation shall be reduced by the amount paid by these third parties for the canceled service, up to a maximum of the total compensation. The booker is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.

5 Prices / Payments / Offsetting / Assignment

5.1 The prices are determined according to the price list of S&H INCON GmbH, which is valid at the time the service is provided and include the applicable statutory VAT. If a price was agreed in the booking confirmation, this price shall apply. If the booking was made more than 4 months ago, S&H INCON GmbH may adjust the price stated therein appropriately,
however by a maximum of 10%.

5.2 S&H INCON GmbH may demand an advance payment or security deposit from the Hirer for bookings.

5.3 Invoices from S&H INCON GmbH are payable without deduction within 14 days of receipt of the invoice, but at the latest before the start of the rental period.

5.4 The Hirer shall only be entitled to offset if the counterclaim on which it bases its right is undisputed or if this claim has been legally established. The same applies to the assertion of rights of retention. The assignment of claims and rights of the Lessee against S&H INCON GmbH to third parties may only take place with the written consent of S&H INCON GmbH.

5.5 Only tenants who use apartments / services of S&H INCON GmbH within the scope of their professional activity (business customers within Germany) have the option of entering into a credit agreement with S&H INCON GmbH after checking their creditworthiness. Invoices sent on the basis of this credit agreement are payable without deduction within 14 days of receipt.

After this period, a written payment reminder will be sent. After a further 14 days, another written reminder will be sent, adding interest on arrears and a reminder fee of €10.00. After a further 7 days, another written reminder will be sent, adding further interest on arrears and a reminder fee of € 20.00, with the information that if payment is not made, the claim will be assigned to a debt collection agency.

6. termination

6.1 S&H INCON GmbH may terminate the contract for good cause. Good cause shall be deemed to exist in particular if

• advance payments in accordance with clause 5.2 are not made by the agreed date (if no date is specified – no later than 30 days before arrival);
• the tenant does not meet his agreed, fixed-term payment obligations in full.
• Force majeure, strike, operational disruptions for which S&H INCON GmbH is not responsible or other circumstances for which S&H INCON GmbH is not responsible make it impossible to fulfill the contract;
• S&H INCON GmbH has reasonable grounds to believe that the overnight stay may jeopardize the smooth business operations, safety or public reputation of S&H INCON GmbH without this being attributable to the sphere of control or organization of S&H INCON GmbH;
  There is unauthorized subletting or re-letting or use of the rooms provided. Rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose;

6.2 S&H INCON GmbH shall immediately inform the Lessee in writing of the exercise of the right of termination. In the aforementioned cases of termination, the contractual partner shall not be entitled to compensation. Claims for damages and reimbursement of expenses by S&H INCON GmbH remain unaffected. The statutory conditions shall apply.

7. liability

7.1 The Tenant bears the full risk for the safekeeping of his valuables (e.g. money, jewelry, securities).

7.2 Items left behind by the Lessee on the premises of S&H INCON GmbH shall only be forwarded at the request, risk and expense of the Lessee. S&H INCON GmbH undertakes to store such items for 4 weeks. After this time, the items will be handed over to the local lost and found office if they have a visible value. In all other cases, they will be handed over to the finder against receipt.

7.3 If a parking space is made available to the Tenant (even for a fee), this does not constitute a safekeeping agreement.
S&H INCON GmbH shall not be liable for loss of or damage to vehicles parked or maneuvered on the property.
S&H INCON GmbH is not obliged to monitor the goods. Any damage must be reported to S&H INCON GmbH immediately. Section 8.6 shall apply accordingly.

7.4 Notwithstanding the provisions in Sections 7.2 to 7.3, the liability of S&H INCON GmbH for damages of any kind (contractual or tortious) is excluded. This exclusion shall not apply

• for damages caused by S&H INCON GmbH intentionally or through gross negligence; in cases of slight negligence for damages resulting from injury to life, body or health, as well as – subject to the provisions of sections 8.5 and 8.6 –
• for damages resulting from a breach of material contractual obligations by S&H INCON GmbH. Essential contractual obligations are all obligations whose fulfillment is essential for the proper execution of the contract.

7.5 In cases of negligent breach of essential contractual obligations, however, the liability of S&H INCON GmbH – with the exception of damage to life, limb or health – is limited to the damage typical for the contract and foreseeable for S&H INCON GmbH at the time of conclusion of the contract or commission of the breach of duty. In this respect, the liability of S&H INCON GmbH for damages that are exclusively attributable to the renter’s sphere of risk is excluded.

7.6 The above exclusions and limitations of liability in Sections 7.1 to 7.4 also apply to the liability of S&H INCON GmbH for its executive bodies, employees and vicarious agents of S&H INCON GmbH.

7.7 The above exclusions and limitations of liability do not apply to claims under the Product Liability Act, insofar as liability is mandatory.

7.8 This limitation of liability and short limitation period shall also apply in favor of the boarding house in the event of breach of obligations in the initiation of the contract and positive breach of contract. They shall not apply in the cases of § 309 No. 7 BGB

7.9 The limitation period for all claims of the customer is one year.

7.10 If a false alarm or fire alarm with resulting damage to S&H INCON GmbH (such as fire department deployment, room damage, etc.) is caused by negligent or willful misconduct on the part of the Tenant, the Tenant shall be obliged to pay lump-sum compensation in the amount of € 3,000.00. The compensation shall be set higher or lower if S&H INCON GmbH proves higher damages or the tenant proves that lower damages or no damages at all were incurred.

7.11 Messages, post and consignments for guests are distributed twice a week by the janitor from the collective mailbox. Claims for damages, except for gross negligence or intent, are excluded.

8. garage use

8.1 The guarding and safekeeping of the vehicle with its contents and load is not part of the contract; the vehicle is parked at the Lessee’s own risk.

8.2 In addition to these parking conditions, the general road traffic regulations apply to the use of the parking spaces and to behavior in the parking facility.

8.3 The following are prohibited by the police:
– the use of fire and smoking
– the loading of fuels, their containers and all other flammable substances and objects
– leaving the engine running without driving
– unnecessary honking and causing disturbing noises of any kind

8.4 Traffic signs and signs in the park must be observed

8.5 In the park, you may only ride at walking pace.

8.6 The vehicle must be parked in the rented parking space in such a way that it can be parked in the neighboring spaces unhindered at any time. In the event of non-compliance with this provision, S&H INCON GmbH may move the vehicle to the required position at the expense and risk of the Lessee.

8.7 It is prohibited to repair or clean the vehicle on the parking area, the roadways or ramps, or to fill or drain cooling water, operating fluids or oils.

8.8 Any soiling of the park and its access and exit must be avoided and otherwise removed immediately.

8.9 The parking facility must be used carefully and appropriately. The renter shall be liable for all damage caused by him. Such damage must be reported to S&H INCON GmbH immediately.

8.10 S&H INCON GmbH reserves the right to amend and change these terms and conditions of employment at any time.

9. place of performance, place of jurisdiction, applicable law

9.1 The place of performance and payment is S&H INCON GmbH in Aschaffenburg. The registered office of the company is in Aschaffenburg.

9.2 In commercial transactions, i.e. if the Lessee is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be S&H INCON GmbH in Aschaffenburg – also for disputes relating to checks and bills of exchange. This shall also apply in the event that the Lessee, as a non-merchant, fulfills the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, moves its domicile or usual place of residence outside the Federal Republic of Germany after conclusion of the contract or its domicile or usual place of residence is not known to S&H INCON GmbH at the time the action is filed.

9.3 German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

9.4 No verbal or written ancillary agreements have been made. Amendments or supplements must be made in writing to be legally effective; the same applies to any waiver of the written form requirement.

9.5 Should individual provisions of the contract, including the terms and conditions, be invalid, this shall not affect the validity of the remaining provisions. The parties shall immediately replace the ineffective provisions with effective provisions that come as close as possible to the intended purpose and economic meaning.

10. data protection

S&H INCON GmbH is entitled to process and store the data about the tenant received in connection with the business relationship – even if these originate from third parties – within the meaning of the Federal Data Protection Act and to have them processed and stored by third parties commissioned by S&H INCON GmbH.

Status: 03.02.2025