GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION AGREEMENT OF PRESCHL GASTRONOMIE GMBH & Co. KG (BOARDING HOUSES VILLA VIKTORIA) (AGBH 8.1)
Preschl Gastronomie GmbH & Co. KG, Tilsiter Str. 16, 85053 Ingolstadt,
CEO: Friedhelm Preschl, Commercial Register Ingolstadt – Commercial Register Extract 1874, VAT ID.: DE 247817946
www.VillaViktoria.de – mail: info@VillaViktoria.de – Tel.: 0841 / 62055
1 TERMS OF APPLICATION
These terms and conditions apply to contracts for the rental of apartments for accommodation purposes, as well as all related services and deliveries provided by Preschl Gastronomie GmbH & Co. KG (Hotel – Hotel Accommodation Contract). They do not apply to package travel as defined in Section 651a of the German Civil Code (BGB). The term “Hotel Accommodation Contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, and hotel room contracts.
The subletting or re-letting of the provided rooms/apartments or their use for purposes other than accommodation is not permitted unless Preschl Gastronomie GmbH & Co. KG has given prior consent, with Section 540 Paragraph 1 Sentence 2 BGB not applying insofar as the customer is not a consumer. If the customer permits a third party to use the rooms/apartments, the customer is liable for any fault attributable to the third party during the use, even if Preschl Gastronomie GmbH & Co. KG has granted consent for such use. As a rule, the prerequisite for consent is that the third party joins this contract as an additional debtor for the customer’s obligations.
If the customer orders contractual services not only for themselves but also for their employees, staff, or other third parties attributable to them, the customer must ensure that these individuals also comply with the following terms and conditions.
General terms and conditions of the customer shall only apply if explicitly agreed in text form.
2 CONCLUSION OF CONTRACT AND CONTRACTING PARTIES
The contracting parties are Preschl Gastronomie GmbH & Co. KG (hereinafter referred to as “the Responsible Party,” “Hotel,” “we,” or “us”) and the customer. The contract is concluded upon acceptance of the customer’s request by the Hotel.
Rooms/apartments can be booked in binding form either in writing or online. An option reservation must be confirmed within 14 days.
In the case of booking via the hotel’s own website, the contract is concluded by clicking the button “BOOK WITH PAYMENT OBLIGATION.”
3 SERVICES, PRICES, PAYMENT, OFFSETTING
The Hotel is obligated to make the rooms/apartments booked by the customer available and to provide the agreed services.
The customer is obligated to pay the agreed or applicable prices for the room rental and any other services utilized. This also applies to services directly ordered by the customer or through the Hotel that are provided by third parties and paid for by the Hotel.
The agreed prices are inclusive of taxes and local charges applicable at the time of the contract’s conclusion. Local taxes owed by the guest under municipal law, such as city tax, are not included. If the statutory VAT or the introduction, change, or removal of local taxes on the services is modified after the conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this applies only if the period between the contract conclusion and its fulfillment exceeds four months.
If payment by invoice has been agreed, payment shall be made within fourteen days from receipt of the invoice without deductions, unless otherwise agreed.
The Hotel is entitled to demand an appropriate advance payment or security deposit, such as a credit card guarantee, upon conclusion of the contract. The amount of the advance payment and the payment deadlines may be agreed upon in the contract in text form. In case of delay in payment by the customer, the statutory regulations apply.
In justified cases, such as payment arrears by the customer or an expansion of the contract’s scope, the Hotel is entitled to demand an advance payment or security deposit as described in Section 3.5, or to increase the advance payment or security deposit agreed upon in the contract, up to the full agreed amount, even after the contract has been concluded but before the start of the stay.
The Hotel is also entitled to request an appropriate advance payment or security deposit for existing and future claims under the contract at the start of or during the stay, if such has not already been provided under Section 3.5 and/or Section 3.6.
In case of payment default, the Hotel is entitled, after sending a reminder and expiration of a payment period of seven calendar days, to charge the customer’s credit card with the outstanding amount. This requires that the credit card data were provided during the booking process and the customer agreed to the charge upon conclusion of the contract. The customer will be informed about the charge by email or SMS.
The customer may only offset or reconcile an undisputed or legally established claim against a claim of the Hotel.
The customer agrees that the invoice can be sent to them electronically.
4 CANCELLATION/TERMINATION BY THE CUSTOMER (“CANCELLATION”) AND NON-TAKING OF SERVICES BY THE HOTEL (“NO SHOW”)
The customer may unilaterally withdraw from the contract with the Hotel only if a right of withdrawal has been explicitly agreed upon in the contract or if there is a statutory right of withdrawal or termination.
If a free cancellation period has been agreed between the Hotel and the customer, the customer can withdraw from the contract up until that time without triggering any payment or compensation claims from the Hotel. The customer’s right of withdrawal expires if it is not exercised in writing by the agreed date.
If no right of withdrawal has been agreed upon or if the right has already expired, and there is no statutory right of withdrawal or termination, the Hotel retains the right to claim the agreed compensation despite the non-utilization of the services.
5 CANCELLATION BY THE HOTEL
If it has been agreed that the customer may cancel the contract within a specified period without charge, the Hotel is entitled to cancel the contract within this period if inquiries from other customers are made regarding the contracted rooms, and the customer does not waive their right of cancellation after being asked by the Hotel with a reasonable deadline. This also applies in the case of an option being granted, when other inquiries are made, and the customer is not willing to make a firm booking upon request from the Hotel with a reasonable deadline.
If a required advance payment or security deposit, as agreed under sections 3.5 and/or 3.6, is not made even after the expiry of a reasonable grace period set by the Hotel, the Hotel is also entitled to cancel the contract.
Furthermore, the Hotel is entitled to cancel the contract extraordinarily for a justifiable reason, particularly if – force majeure or other circumstances beyond the Hotel’s control make the fulfillment of the contract impossible; – rooms or spaces are booked with misleading or false information, or by concealing essential facts; important facts may include the identity of the customer, payment ability, or the purpose of the stay; – the Hotel has justified cause to believe that the use of its services could endanger the smooth operation, safety, or reputation of the Hotel in the public eye, and such concerns cannot be attributed to the Hotel’s control or management; – the purpose or reason for the stay is illegal; – a violation of section 1.2 occurs.
The valid cancellation by the Hotel does not entitle the customer to any compensation. Should a claim for damages arise in the event of cancellation under sections 5.2 or 5.3, the Hotel may claim this as a lump sum. Section 4.3 applies accordingly.
The house rules are an integral part of the contract. Rooms / apartments may only be occupied by the number of people specified in the reservation confirmation. In case of overbooking, the Hotel has the right to refuse excess persons or request a reasonable compensation fee. Unregistered persons and pets arriving – even if only for a single overnight stay – are subject to the registration requirement. Every guest is obligated to treat the accommodation, including the inventory, and the common areas with care. The guest is also obliged to compensate for any damages caused during their stay due to their own fault or that of their companions and guests. If the guest or accompanying persons persistently neglect the care of the rooms/apartments despite warnings from the Boardinghouse Villa Viktoria and behave in such a way that immediate termination of the contract is justified, the retention of the price, minus the value of saved expenses and any benefits gained from reusing the unused services, is justified.
6 ROOM PROVISION, HANDOVER, AND RETURN
The customer does not acquire a claim to the provision of specific rooms unless this has been expressly agreed in written form.
Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer is not entitled to earlier availability.
Prior to the start of the stay, the customer receives an individual room access code by SMS and email instead of a physical key. Only with this code, which is valid for the entire duration of the stay, does the customer gain access to the building through the main entrance door and to the assigned room. For long-term stays longer than 29 days, the customer automatically receives a new code every 29 days.
On the agreed day of departure, the rooms must be made available to the hotel no later than 12:00 p.m. (noon). After this time, the hotel may charge an additional night due to delayed check-out (price according to the price list). This does not create any contractual claims in favor of the customer. The customer is free to prove that the hotel has incurred no loss or a significantly lower loss.
Upon departure, the room/apartment must be left tidy. All dishes must be washed or placed in the dishwasher, and waste must be disposed of or appropriately packed and prepared for collection.
In the event of significant additional cleaning effort, Boardinghouse Villa Viktoria is entitled to charge a cleaning fee of €150. Such significant additional effort exists in particular when the apartment is left in a condition exceeding normal wear and tear or standard levels of dirt. This is the case, for example, when:
- Waste and Garbage
- garbage is not disposed of in the designated waste bins or containers (waste bags)
- open food leftovers are left behind (e.g., on tables, countertops, or floors), encouraging pest infestation
- Kitchen, Dishes and Appliances
- heavily soiled dishes as well as large quantities of pots and pans that were not placed in the dishwasher or sink
- a heavily soiled kitchen area (e.g., dried food residues on countertops, fronts, or tiles; burnt-on stovetops; heavily soiled oven)
- a heavily soiled refrigerator (e.g., spilled liquids, moldy food)
- a dirty microwave (e.g., burnt-in or stuck food residues)
- large-scale grease or oil contamination on floors, countertops, walls, or kitchen furniture
- heavily soiled or contaminated drawers and cabinets, in particular due to spilled or leaked spices, oils, or food items
- discoloration, residues, or persistent odors in drawers, cabinets, or on surfaces caused by spices (e.g., turmeric, paprika, curry), oils, or similar substances, requiring special cleaning or material treatment
- Floors, Furniture and Textiles
- heavy dirt on floors (e.g., mud, soil, sand, food leftovers, sticky liquids, stepped-in chewing gum)
- large stains or contamination on carpets, sofas, upholstery, mattresses, walls, duvets, or pillows (e.g., from drinks, food, paint, cosmetics)
- strong and persistent smoke odor in textiles and furnishings (e.g., curtains, upholstered furniture, mattresses, bedding, carpets) caused by cigarette smoke or other smoke, requiring extensive deodorization or special cleaning
- Sanitary Areas (Bathroom/WC)
- heavily soiled toilets, sinks, or showers, e.g., with feces, urine, vomit, or comparable contamination
- Severe Disorder / “Party Condition”
- massive disorder requiring additional tidying or sorting (e.g., clothing, bottles, cans, packaging, food scattered throughout the apartment)
- large numbers of empty alcohol bottles, beverage crates, or accumulated waste
- wax stains, adhesive residues, or other decoration residues on furniture, floors, or walls
- Pets and Pet-Related Contamination
- contamination caused by animal feces or urine (e.g., soiled carpets, mattresses, sofas, or curtains)
- scratched furniture, doors, door frames, floors, or curtains
- Special Cleaning and Disposal
- disposal of larger items or bulky waste left behind by the guest (e.g., furniture items, suitcases, boxes, large quantities of food)
- laborious removal of adhesive materials, paint, stickers, or other alterations to walls, furniture, or floors
The regular final cleaning is included in the price and is carried out by the staff of Boardinghouse Villa Viktoria.
Any additional cleaning effort will be documented with photographs at check-out and may be viewed by the guest or the guest’s legal representative upon request.
The guest will be informed of any additional costs before the deposited credit card is charged.
The guest remains free to prove that a lower or no additional effort occurred.
7 EXTENSION / SHORTENING OF THE STAY (APARTMENT / ROOM)
Any extension or shortening of the stay is possible only upon the guest’s written request and the hotel’s written consent, subject to availability. There is no entitlement to an extension or shortening of the stay.
For stays with a duration of less than one week, there is no entitlement to a refund of already paid accommodation charges in the event of an early shortening of the stay.
For stays with a duration of at least one week, pricing is based on the accommodation rates applicable to weekly stays at the time of booking. In the event of an early shortening of the stay, there is no entitlement to a refund of the accommodation charges calculated for the first week.
For stays with a duration of at least one month, pricing is based on the accommodation rates applicable to monthly stays at the time of booking. In the event of an early shortening of the stay, there is no entitlement to a refund of the accommodation charges calculated for the first month.
Any refund beyond the periods specified in sections 7.2 to 7.4 may be granted purely as a gesture of goodwill and only after prior agreement with the hotel. There is no entitlement to such a refund.
In the event of an extension or shortening of the stay, the prices and conditions valid at the time of the change shall apply.
In the event of an extension of the stay, the hotel is entitled to demand an immediate adjustment or advance payment of the accommodation charges.
8 USE OF THE PREMISES
The customer is not permitted to make installations or alterations, or to make any aesthetic, structural, or technical changes to the premises. In such cases, the hotel is entitled to withdraw from the contract in accordance with clause 5.3 and charge the customer for the additional costs required to restore the premises to their original state.
Smoking is strictly prohibited in all buildings of Villa Viktoria Ingolstadt. In the event of a violation, a contractual penalty of 150€ will be charged. In addition, we reserve the right to invoice the guest for any additional costs incurred for necessary special cleaning in accordance with section 6.6. The guest retains the right to provide evidence that no damage or significantly lower damage has occurred.
9 HANDLING OF MAIL / PACKAGES
In principle, letters can be sent to the Villa Viktoria boarding houses. Since we only have one mailbox per house, the letters will be placed in your apartment by our staff.
Unfortunately, our staff is unable to receive packages. We kindly ask that you be present in your apartment for the delivery of larger packages.
If letters or packages are delivered after departure, forwarding will only take place at the explicit request of the customer and at the customer’s expense.
10 LIABILITY OF THE HOTEL
The hotel is liable for damages caused by its fault that result in injury to life, body, or health. It is also liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel, or from an intentional or negligent violation of contractual duties that are typical for the contract. Contractual duties are those duties that make the proper execution of the contract possible and that the customer can rely on. A breach of duty by the hotel is equivalent to that of its legal representatives or vicarious agents. Further claims for damages are excluded unless otherwise provided in this section 10. If disturbances or defects occur in the hotel’s services, the hotel will, upon knowledge or immediate complaint by the customer, make efforts to rectify the issue. The customer is obliged to contribute to the resolution of the disturbance and minimize possible damage to the extent reasonable.
For items brought into the hotel, the hotel is liable to the customer according to legal provisions. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring in money, securities, and valuables worth more than 800 Euros or other items worth more than 3,500 Euros, a separate storage agreement with the hotel is required.
If a parking space in the hotel garage or hotel parking lot is provided to the customer, even for a fee, this does not create a storage contract. In the event of loss or damage to motor vehicles and their contents parked or maneuvered on the hotel property, the hotel is liable only in accordance with the provisions of section 10.1, sentences 1 to 4.
When using our rental bicycles, the guest assumes full responsibility. The guest or an accompanying adult person must inspect the rental bicycles before use. The use of rental bicycles by children is only permitted when accompanied by an adult. The hotel is only liable for accidents that occur while cycling if the hotel is at fault.
11 FINAL PROVISIONS
Changes and additions to the contract, acceptance of the application, or these General Terms and Conditions must be made in text form. Unilateral changes or additions are ineffective.
Place of performance and payment as well as exclusive jurisdiction – also for check and bill of exchange disputes – is Ingolstadt in commercial transactions. If the customer fulfills the requirements of § 38 paragraph 2 ZPO and has no general jurisdiction in Germany, Ingolstadt shall be the place of jurisdiction.
German law applies. The application of the UN Sales Convention is excluded. General Terms and Conditions for Hotel Accommodation Contracts (AGBH 8.1) © German Hotel Association (IHA) e.V. Page 8
In accordance with legal obligations, the hotel points out that the European Union has established an online platform for the out-of-court resolution of consumer disputes (“ODR platform”):
http://ec.europa.eu/consumers/odr/
The hotel does not participate in dispute resolution procedures before consumer arbitration boards.
(Last updated on December 16, 2025)
