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   To imagine the legal basis of the lease the general business conditons of the Zimmervermittlung Kretschmer, Inh. Peter Neumann is translated from german language into english language by the use of a translation machine. We suggest to read and understand the Allgemeine Geschäftsbedingungen (AGB) in german language as the only legal basis for any contract.

   AGB Allgemeine Geschäftsbedingungen (general business conditions)   for

   switching capacities of the room procurement company Kretschmer, Inh. Peter Neumann, Hildesheimer Str. 148, 30880 Laatzen (mentioned "agent" in the result).

  1. Preamble
  2. The objective of the business is the short-term procurement of rentable objects. The activity is not on fairs limited in Hanover. Through the procurement landlord and tenant are able to make a lease. To successful procurement the agent receives a commission of the landlord for that. These General Business Conditions control further information.

  3. Usage
  4. The Term

    stands in the same way for following expressions

    agent

    see above

    service sender

    homogeneous denotation for apartment holder, room landlord, house-owner, hotelier, valuation or bus operator, Caterer etc

    service recipient

    homogeneous denotation for customer, visitor, orderer

    accommodation

    room, apartments, studios, efficiency apartments, houses etc

    order booking

    registration of order

    booking confirmation

    order confirmation


  5. Validity
  6. This AGB's to be valid for all provided services of the agent. Only these business conditions are contract component; possible business conditions of service sender or service recipient are not recognized.

    To the procurement of accommodation the agent becomes active on the basis of a switching task closed with the service sender and for bill of the respective service sender. An examination onto the business ability of the contracting parties can not be required by any contract partner. accommodation become both in private as also in industrially led houses (Hotels, pensions) mediates

  7. Contract
  8. With his booking offers the service recipient the service sender a lease with the aim of the overnight accommodation during the period defined in the contract. The booking can be carried out written, verbal, telephonic or about electronic media (Internet). The declaration of the service recipient can direct onto the agent or onto the service sender directly; the claims of the agent to the commission reconciled with the service sender remain unchanged from that.

    The procurement contract is accomplished if the service recipient of a written booking confirmation of the agent does not contradict immediately under use of the available technical possibilities in writing. The service recipient is obliged, to check the booking confirmation for lack-less immediately. The booking confirmation contains unreasonable deviations from the registration, the service recipient is so entitled, to declare within 10 days according to receipt of the booking confirmation in writing an explicit non-assumption. If this does not occur, the booking becomes obligatory so.

    The agent can make the materialization of the contract dependent on a deposit of the service recipient; in this case it is unimportant whether this deposit is required by the service sender.

    If a third party make a lease for a service recipient the contract becomes valid and the third party get the liability for the contract.

  9. Payment
  10. The extent of the contractual service shows from the information of the booking confirmation.

    With end of the contract between the service recipient and the agent an adequate deposit can be required. The deposit can be required in the same way as assumption for the materialization of the contract.

    The payment of the deposit can occur through checkless transfer or credit card payment. The principal of the transfer bears the money transfer costs.

    The (pending-)amount according to the booking confirmation is paid directly to the service sender by the service recipient, unless, that between the contracting parties other was arranged. Generally it is valid that the payment in advance has to occur. Other declarations can be reached between service sender and service recipient.

    A bill is constructed to the service recipient by the agent about the owed sum, the bill is payable so within 10 days according to receipt without outlet.

  11. Cancellation rules
  12. If the service fulfillment is impossible by the action and/or by declaration of the service recipient, so this establishes a substitute claim of the service sender. The claim is

    until 3 months before the agreed upon beginning of the service fulfillment 

     10% of the gross contract sum  

    until 2 months before the agreed upon beginning of the service fulfillment 

     20% of the gross contract sum  

    until 1 months before the agreed upon beginning of the service fulfillment 

     40% of the gross contract sum  

    in the last 4 weeks in front of service fulfillment 

     80% of the gross contract sum  


    The claim of the agent is 15 % onto the in each case paid sum.

    If the service fulfillment is made impossible by the action and/or by declaration of the service sender, this establishes a substitute claim of the agent so opposite the service sender in height of the agency broking commission which would have been paid with contract-consistent behavior of the service sender through the service recipient. Substitute claims of the service recipient defined within the framework of the procurement opposite the defined service sender remain unchanged. Substitute claims against the agent are impossible provided that they do not establish themselves on intention or coarse negligence.

  13. Service fulfillment
  14. The Agents becomes active in the task of the service senders. Between agent and service sender agreements which describe the service were found. As a rule these are the kind and situation of the rent object, the equipment of the rent object, breakfast equipment, cleaning of the rooms and the bed linen as well as the rent costs of the object and the commission of the agent.

    If the service sender comes into delay with the fulfillment of his promised service, it is so obliged the service recipient to reprimand this lack immediately directly opposite the service sender. If the reproof remains unsuccessful, the service recipient is supposed to announce the agent the lacks in writing. Claims due to the customer's complaint do not exist opposite the agent. Claims for compensation of the service recipient exist exclusively opposite the service sender and not opposite the agent and not valid after a period of the latest 6 months to the end of the agreed upon service.

    The contract basis is omitted on objective reasons like fire of the rent object or as death of a contracting party without successors, at the same time all demands of the shared parties based onto the contract are omitted. The agent is in this case entitled, to do up to three alternative offer of facilities to the service recipient. The service recipient is not obliged for the assumption of one of these offers.

  15. Liability
  16. The Agents sticks for verified damages which arose from coarse negligence or intention within the framework of the procurement activity to the service recipient. The height of the compensation remains limited on the height of the agreed upon simple service. The agent does not stick for damages, that the service recipient through actions or neglect of the service sender, within the framework of their arranged activity arise or have arisen.

    The agent does not stick also for the compliance of legal editions and obligations of the service sender (Fire protection, tax duty etc.).

    The agent does not stick for damages which arise the service sender from the service recipient. The enforcement of possible demands devolves on the service sender.

  17. Other

Place of performance is for all participants the place of the rent object. It German right is valid. As a venue the participants agree upon Hanover.

Deviating declarations or secondary agreements need for their effectiveness of the writing. The same one is valid for the changing of this rule for the writing. No secondary agreements were found.

With the date of the engrossment of these general business conditions all before employed general business conditions (AGB) lose their validity for the room procurement Kretschmer, Inh. Peter Neumann. Individual definitions of these General Business Conditions Should be ineffective, this does not osculate the effectiveness of the remaining definitions.


Hannover, the 1st January 2005

 
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