T&C | The Zipper

Terms and Conditions (T&C) of The Zipper Hotel & Apartments GmbH

The following terms and conditions apply to The Zipper Hotel & Apartments GmbH (The Zipper).

Scope of application §1

These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes as well as all other related services and deliveries provided to the guest by The Zipper, the provision of furnished serviced apartments for a maximum period of six months in connection with mandatory and additional optional services related to the use of the serviced apartments.
The subletting and re-letting of the apartments provided and their use for purposes other than accommodation shall require the prior written consent of the Lodging Company, whereby Section 540 (1) sentence 2 BGB shall be waived.
Terms and conditions of the Customer and/or the Guest shall only apply if this has been expressly agreed in writing in advance.
The GTC apply to all services booked via our own booking system at
www.the-zipper.com, partners and intermediaries commissioned by us (such as online booking platforms).

§2 Conclusion of contract, partners, statute of limitations

The accommodation contract is concluded when The Zipper accepts the customer's application and confirms it with a booking confirmation in text form within 24 hours of receiving the guest's booking. The terms and conditions and house rules are thereby recognized and confirmed at the latest with the signature of the registration form.
If no confirmation is received within 24 hours of the guest's booking, no contract is concluded.
The contracting parties are the accommodation provider and the customer. If a third party has booked on behalf of the customer (contingent contract or group booking), it shall be liable to The Zipper together with the guest as joint and several debtor for all obligations arising from the accommodation contract, provided that The Zipper has received a corresponding declaration from the third party. The third party then becomes a party to the contract.
A group booking is deemed to exist if more than nine rooms per night are booked by a contracting party by way of one or more booking transactions that are related in terms of time and/or subject matter. A group booking is independent of the booking method. This can be made in person, by telephone, by fax, by e-mail, in writing, via "www.the-zipper.com", via intermediaries (e.g. so-called online portals) or by other means.
All claims against The Zipper shall generally become time-barred one year after the start of the regular limitation period under Section 199 (1) of the German Civil Code (BGB). Claims for damages shall lapse within five years regardless of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty or on justified withdrawal by The Zipper.

§3 Services, prices, payment, offsetting

The services consist in particular of the provision of hotel rooms, serviced apartments and other premises for use against payment, e.g. for seminars, meetings, presentations, conferences, banquets and other events, the sale of food and beverages (F&B), the organization of cultural and sporting events and other programs, the implementation of special health-promoting measures or comparable offers as well as for all other related services and deliveries by The Zipper. The Zipper is entitled to have its services performed by third parties.
The Zipper is obliged to keep the apartments booked by the customer or an equivalent replacement available and to provide the agreed services. The Zipper is free to define industry-standard restrictions such as minimum stays, advance payments and booking guarantees for certain dates.
The customer is obliged to pay the applicable or agreed prices of The Zipper for the apartment rental and the other services used by him. This also applies to services and expenses of The Zipper to third parties arranged by the guest.
The agreed prices include the applicable statutory value added tax. If the period between conclusion of the contract and fulfillment of the contract exceeds four months and if the price generally charged by the accommodation provider for such services increases, the accommodation provider may increase the contractually agreed price appropriately, but by no more than 10%. If the period between conclusion and fulfillment of the contract is less than four months, the change in the VAT rate shall be charged to the customer if the customer is a merchant within the meaning of the German Commercial Code (HGB). Local taxes such as city tax and visitor's tax are not included and therefore charged separately, even if they are incurred after the booking date.
The prices may also be changed by The Zipper if the guest subsequently requests changes to the number of apartments booked, the services provided by The Zipper or the length of stay of the guests and The Zipper agrees to this.
Invoices will also be issued digitally in pdf format after 01.01.2025, but not as e-invoices within the meaning of EU Directive 2014/55/EU or the European standard for electronic invoicing EN-16931. It is at the discretion of The Zipper to convert invoicing to e-invoices within the statutory transition periods.
Invoices from The Zipper without a due date shall be payable immediately upon receipt of the invoice without deduction. The Zipper shall be entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of default of payment, The Zipper shall be entitled to demand the applicable statutory default interest. The Zipper reserves the right to provide evidence of higher damages.
The Zipper shall be entitled to demand an appropriate advance payment and security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates may be agreed in writing in the contract. Furthermore, the company is free to check the validity of credit cards provided immediately and to carry out a pre-authorization.
The customer may only offset, retain or reduce a claim by The Zipper with an undisputed or legally binding claim.

§4 Events

In order to enable The Zipper to make careful preparations, the contractual partner must inform The Zipper of the final number of participants at least three days before the start of the event. If the contractual partner communicates a higher number of participants than agreed, this higher number of participants shall only become part of the contract if The Zipper agrees to this in writing. If The Zipper does not agree in writing, the contractual partner shall not be entitled to hold the event with a higher number of participants. If The Zipper agrees, invoicing shall be based on the new agreement (possibly with additional expenses). The contractual partner shall not be entitled to consent. Billing shall be based on the contractual agreements irrespective of the notification of the number of participants. If fewer participants actually take part in the event, this shall be irrelevant for invoicing purposes.
If the agreed start time of an event is postponed, The Zipper shall be entitled to charge the contractual partner for all additional costs incurred as a result.
Reserved rooms shall only be available to the contractual partner within the period agreed in writing. Any use beyond this period shall require the written consent of The Zipper and shall only be granted for an additional fee. The Zipper reserves the right to change rooms insofar as this is reasonable for the contractual partner, taking into account the interests of The Zipper.
For events that extend beyond midnight, The Zipper may charge €50.00 plus VAT per booked service employee and per hour or part thereof. The contractual partner shall be liable to The Zipper for additional services to the event participants or to third parties in connection with the event.
The contractual partner must obtain all official permits at its own expense, unless expressly agreed otherwise in writing. The contractual partner shall be responsible for compliance with all relevant (regulatory) legal requirements. Fees payable to third parties for the event, such as GEMA fees, entertainment tax, etc., must be paid by the contractual partner to the creditor without delay.
The contractual partner shall be liable for the conduct of its employees, event participants and other auxiliary staff in the same way as for its own conduct. The Zipper may require the contractual partner to provide appropriate security (e.g. insurance, deposits, guarantees).
In order to prevent damage, the attachment and installation of decorative material or other objects must be agreed with The Zipper in advance. Any exhibition and other items brought along must be removed at the end of the event. If the contractual partner does not comply with this regulation, The Zipper shall be entitled to remove and store such items at the customer's expense. Any transport packaging, outer packaging and all other packaging materials brought in shall be disposed of by the contractual partner at its own expense. Disposal may be subject to a charge if the contractual partner leaves the packaging behind after the end of the event. All items brought in during the event, such as decoration material and the like, must comply with all applicable regulations.
The Zipper does not provide insurance cover for items brought in. The conclusion of any necessary insurance is the sole responsibility of the contractual partner.
Faults or defects in equipment provided by The Zipper shall be rectified as far as The Zipper is able to do so. The contractual partner cannot derive any claims in this connection.
If the contractual partner brings in its own electrical equipment, this shall require the consent of the hotel management prior to connection to the power grid. The electricity consumption incurred shall be calculated according to the valid supply and working prices as charged to The Zipper by the utility company. The Zipper is free to record and charge a flat rate. Any faults or defects in The Zipper's technical equipment caused by the connection shall be borne by the contractual partner.
If The Zipper procures technical or other equipment from third parties for the contractual partner, The Zipper shall act in the name and for the account of the contractual partner; the latter shall be liable for the careful handling and proper return of this equipment and shall indemnify The Zipper against all third-party claims upon first written request. Liability on the part of The Zipper for failure to procure the equipment in good time or for defects in the equipment procured is excluded.
The contractual partner may not bring food and drinks to the events. In special cases (e.g. national specialties, etc.), a written agreement may be made; in such cases, a general costs fee shall be charged less the proportionate cost of goods.
Newspaper advertisements containing invitations to job interviews or sales events require the prior written consent of The Zipper. If a publication is made without consent, The Zipper has the right to cancel the event.
Any kind of advertising, information or invitations that make reference to the hotel, in particular by using the hotel name, requires the prior written consent of the hotel.
All terms and conditions governing the use of rooms shall apply mutatis mutandis to events, unless more specific provisions are contained in Section 4 for events.

§5 Withdrawal by the customer (cancellation), non-utilization of accommodation services (no show)

Withdrawal by the customer from the contract concluded with the accommodation provider requires the written consent of The Zipper. If this is not given, the agreed price from the contract must be paid even if the guest does not make use of contractual services. This shall not apply in the event of a breach of The Zipper's obligation to take into account the rights, legal interests and interests of the guest, if the guest can no longer reasonably be expected to adhere to the contract as a result or is otherwise entitled to a statutory or contractual right of withdrawal.
If The Zipper and the customer have agreed in writing on a date for free or only partially charged withdrawal from the contract, the guest may withdraw from the contract until then without triggering payment and compensation claims by The Zipper. The conditions can already be seen in the shopping cart during the booking process. The right of withdrawal expires if the customer does not exercise his right of withdrawal in writing to The Zipper by the agreed date, unless there is a case of withdrawal by the guest in accordance with Section IV No. 1 sentence 3.
In the case of apartments not used by the customer, The Zipper shall offset the income from the reletting of the apartments and the expenses saved.
If the stay is shortened, The Zipper reserves the right to adjust the rate according to the number of nights actually used. Possible additional costs are to be paid in addition to the agreed cancellation fee.
The Zipper is free to demand the contractually agreed remuneration and to make a lump-sum deduction for saved expenses. The customer is then obliged to pay 90% of the contractually agreed price for the rental of the apartments. However, the customer is permitted to prove that The Zipper has incurred no or significantly lower damages.

§6 Withdrawal by The Zipper

If a free right of withdrawal of the customer within a certain period has been agreed in writing, The Zipper is entitled to withdraw from the contract during this period if there are inquiries from other guests about the contractually booked rooms and apartments and the guest does not waive his right of withdrawal upon inquiry by The Zipper.
If an agreed advance payment or an advance payment requested in accordance with § 3 above is not made even after a reasonable grace period set by The Zipper has expired, The Zipper shall also be entitled to withdraw from or terminate the contract.
Furthermore, The Zipper is entitled to extraordinarily withdraw from the contract for objectively justified reasons, for example if
1. Force majeure, pandemics or other circumstances for which The Zipper is not responsible make it impossible to fulfill the contract,
2. apartments are booked under misleading or false statements of material facts, e.g. in the person of the guest or the purpose,
3. The Zipper has reasonable grounds to believe that the use of The Zipper may jeopardize the smooth operation of the business, the safety or the public reputation of The Zipper, without this being attributable to the sphere of control and organization of The Zipper,
4. there is a breach of the above § 1.2.
The Zipper shall immediately inform the customer and the guest of the exercise of the right of withdrawal/cancellation.
In the event of justified withdrawal by The Zipper, the customer and the guest shall have no claim to compensation.

§7 Apartment provision, handover and return

The guest is not entitled to the provision of specific rooms and apartments unless expressly agreed in the contract.
Booked rooms and apartments are available to the guest from 3 p.m. on the agreed day of arrival. The guest is not entitled to earlier availability. Unless otherwise agreed, The Zipper has the right to allocate booked rooms to other guests after 6 p.m. without the contractual partner being able to derive any rights or claims from this.
On the agreed day of departure, the rooms and apartments must be vacated by The Zipper by 12:00 noon at the latest. Thereafter, The Zipper may charge 50% of the full accommodation price (list price) for the late vacating of the apartment for its use in excess of the contract until 3 p.m., and 100% from 3 p.m. onwards. This shall not give rise to any contractual claims on the part of the guest. The guest is free to prove that The Zipper has no or a significantly lower claim to a usage fee. If a key or key card issued is lost or not returned on departure, a fee of €40.00 may be charged. Should the loss of the key or key card or the locking out of the room necessitate the deployment of a security service, The Zipper reserves the right to charge the contractual partner a flat-rate fee of €50.00 per deployment.
Smoking is not permitted in the entire building, including the rooms and apartments. In the event of a violation, the guest will be charged a flat-rate compensation fee of €250.00. Should The Zipper incur further damage costs (e.g. fire department call-out, destroyed furniture, etc.), these will be passed on to the guest.
The guest is obliged to provide all relevant personal data in accordance with the Federal Registration Act truthfully in advance online, but at the latest on arrival in the form of a registration form and to provide proof of this on request.

§8 Liability

The Zipper shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims of the guest for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if The Zipper is responsible for the breach of duty. The same applies to other damages resulting from an intentional or grossly intentional breach of duty by The Zipper and damages resulting from an intentional or negligent breach of typical contractual obligations by The Zipper. A breach of duty on the part of The Zipper is equivalent to that of a legal representative or vicarious agent.
The Zipper shall be liable to the guest for items brought into the hotel in accordance with the statutory provisions. Liability claims expire if the guest does not notify The Zipper immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). For any further liability of The Zipper, the above § 1 points 2 to 4 shall apply accordingly.
If the guest is provided with a parking space in the hotel's own parking lot, even for a fee, this does not constitute a safekeeping agreement. The Zipper shall not be liable for loss of or damage to motor vehicles, motorcycles and bicycles parked or maneuvered on the property and their contents, except in cases of intent or gross negligence. The above § 1 points 2 to 4 apply accordingly. The General Terms and Conditions and Privacy Policy for the use of the parking garage belonging to the hotel and apartment parking garage Am Heerdter Krankenhaus 4a for short-term parkers are clearly legible on signs posted at the entrance to the parking garage.
The Zipper is liable for all damage culpably caused by the guest himself, his employees or his visitors in The Zipper or to the inventory itself. Any such damage must be reported to The Zipper immediately, whereby The Zipper is free to charge a lump sum for damages.
In the case of arranged services (not package tours), The Zipper shall not be liable for the provision of services by third-party service providers or transport companies, but only for the proper arrangement of the travel service and for the proper forwarding of information from the service provider to the participant.
No liability is assumed for lost property. They will only be returned on request for a fee. The accommodation provider undertakes to store them for 6 months.
Insofar as The Zipper procures third-party services, technical or other equipment from third parties for the customer, the latter shall act on behalf of and for the account of the guest; the guest shall be liable for the careful handling and proper return of the equipment and shall indemnify The Zipper against all third-party claims arising from the provision of this equipment.
By reserving an apartment, the guest may use the designated public areas, such as the lobby, community space, fitness and sauna area, etc. free of charge. The Zipper reserves the right to close these public areas at short notice without prior notice. In the event that a public area is unavailable, the guest is not entitled to partial or full reimbursement of their costs for the overnight stay. The public areas are therefore not considered part of the scope of services.
The liability of The Zipper, its legal representatives and vicarious agents for damages resulting from injury to life, body or health, as well as liability under the Product Liability Act and liability due to a fraudulently concealed defect or the assumption of a quality guarantee is not limited by these GTC. Furthermore, the liability of The Zipper for damages based on an intentional or grossly negligent breach of duty by The Zipper, its legal representatives or vicarious agents is not limited by these GTC. If none of the aforementioned cases exists, the liability of The Zipper for damages resulting from the breach of an obligation which is essential for the achievement of the purpose of the contract, the fulfillment of which is therefore essential for the proper execution of the contract and on the observance of which the member relies and may rely (essential contractual obligation), is limited to the foreseeable damage typical for the contract. Otherwise, the liability of The Zipper is excluded. Insofar as liability for damages is limited in accordance with this clause, this shall also apply to any liability of The Zipper's vicarious agents and legal representatives.

§9 Obligations of the guest

The guest is obliged to personally fulfill statutory registration requirements. He is also obliged to provide truthful information about himself in the registration forms provided by us and to identify himself on request by presenting an official identity card or passport. This is requested, for example, during digital check-in by uploading a photo of the ID.
Occupancy of the apartment by more than the number of persons booked requires our prior consent in text form. This also applies in particular to the provision of overnight accommodation to third parties, even if this is free of charge.
Subletting is not permitted.
Guests are not entitled to pass on their access code to third parties. The guest must store and secure the access code carefully to prevent third parties from gaining knowledge of it.
The keeping of animals requires prior written consent in text form. This may incur additional costs, for example for cleaning.
If the period of stay for apartment bookings is extended, a new reservation must be made up to 14 days before the end of the contract. A tacit extension of the reservation is excluded. If the guest does not move out in good time, this shall constitute unauthorized interference. The Zipper 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.
The Zipper is entitled to enter the rooms and apartments during the guest's stay at normal times of day for the purpose of cleaning and maintaining the premises.
It is the guest's responsibility to check whether the guest's stay in an apartment is subject to registration under the German Residents' Registration Act. The guest acknowledges that - if the guest registers for the period of stay in an apartment - the guest may have to pay fees, in particular broadcasting fees for the apartment to the collecting authority.
Messages, post and consignments for guests are handled with care. The Zipper will take care of the delivery, storage and - on request - forwarding of the same for a fee. Claims for damages, except for gross negligence or intent, are excluded.

§10. final provision

Amendments and additions to the contract, the acceptance of applications or the General Terms and Conditions for The Zipper must be made in writing. This also applies to the revocation of this written form clause. Unilateral amendments or additions by the guest or booker are invalid.
The place of performance and payment is the registered office of The Zipper
The Zipper reserves the right to expel guests or visitors from the hotel. This applies in particular if guests do not follow the instructions of The Zipper staff, make discriminatory comments, harass or endanger other guests and visitors.
The exclusive place of jurisdiction - also for disputes relating to checks and bills of exchange - in commercial transactions is the registered office of The Zipper. If a contractual partner fulfills the requirements of Section 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of The Zipper.
German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
Should individual provisions of these General Terms and Conditions for Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.

Status December 2024