Terms & conditions

Aspria Hannover GmbH - terms and conditions for the use of the club rooms.

People entitled to book club rooms

  1. The Club is not a hotel and club rooms can only be booked by certain eligible people.  Proof of eligibility may be requested.
  2. Club rooms may be booked by the following people:
    1. Aspria Club members
    2. Aspria Club employees
    3. Corporate partners
    4. Members of organisations affiliated to Aspria:
      1. VDF Fitnessverband
      2. DSSV (Deutscher Sport Studio Verband)
      3. IHRSA (International Health, Racquet and Sportsclub Association)


Scope

  1. All contracts are subject to the following general terms and conditions, provided these fulfill the statutory requirements of contract law.
  2. These terms and conditions apply particularly to contracts for the provision of accommodation in club rooms, as well as for the provision of further services and facilities by the Club to the customer.
  3. Subletting to users other than the customer requires written approval in advance.
  4. Any specific terms and conditions for use of facilities by the customer should also be agreed and approved in writing in advance.
  5. Accommodation at Aspria also gives customers use of the wider facilities of the Club; the terms and conditions of the Club and the Club rules will also apply, in conjunction with these terms and conditions for use of club rooms.

Agreement of contract, partners, liability, limitations

  1. The contract is effected by way of the customer's application to the Club.  The Club undertakes to confirm the room booking in writing.
  2. Partners to the agreement are the Club and the customer.  If a third person is appointed by the customer, that person will be held jointly liable for all expenses incurred as a result of using accommodation within the Club.
  3. The Club is liable for its own debts under the contract.  Its liability is limited to failures as a result of premeditation or gross negligence only.
  4. The statutory period of limitation is one year for all claims by customers.
  5. This liability limitation and short statutory period of limitation applies in favour of the Club in the event of damage or loss arising from the initiation of the contract and or through a positive breach of contract.  It does not apply in the case of § 309 Ziff. 7 BGB (Civil Code).

Services, prices, payment, compensation

  1. Prices include value added tax at the appropriate statutory rate.  If the time period between agreeing the contract and fulfillment of the contract exceeds four months, the Club reserves the right to increase prices from those agreed under the contract for the provision of services, by a maximum of 15%. 
  2. Invoices of the Club are payable without delay and in full.  The Club is entitled to claim interest in the event of a delay.  In the event of default, the club has the right to charge interest at the statutory rate and to terminate the contract.
  3. The Club reserves the right to enforce additional damages.
  4. On agreeing the contract or afterwards, the Club is entitled to ask for a reasonable advance payment or security.  The level of advance payment and the payment conditions should be agreed in the contract in writing.
  5. The Club will only consider claims from customers who have an indisputable or legally valid case against the Club.

Withdrawal of the customer (cancellation, reversal)

  1. In the event of withdrawal, the price agreed in the contract must be paid, even if the customer does not claim the service specified in the contract. This does not apply in the case of service default by the Club or one of its agents, should circumstances make the provision of those services impossible.
  2. If the customer does not claim the room, the Club is entitled to retain the customer's payment, as well as any proceeds from renting the room to an alternative person.
  3. The Club reserves the right to compound any damages.  The following cancellation charges apply to bookings in the Club: up to 24 hours ahead of arrival, there are no cancellation fees; thereafter the full room price is due.  Exceptions are only made under specific cancellation provisions agreed at the time of booking.

Withdrawal by the Club

  1. Where the customer has agreed in writing to a right to withdraw within a specified period, the Club is entitled on its part to resign from the contract within the same time period if other customers have requested to book the rooms agreed in the contract and if the Club has ascertained from the customer that he does not wish to relinquish the right to withdrawal.
  2. If an agreed advance payment is not made on the due date, the Club is likewise entitled to withdraw from the contract.
  3. Moreover, the Club is entitled to withdraw from the contract on the grounds of extraordinary but justified events such as:
    1. In the event of a warranted withdrawal by the Club, the customer has no right to any claim for compensation.  Any compensation claims by the Club shall be covered by statutory regulations.
    2. Act of God or similar unforeseen circumstances which make it impossible for the Club to fulfil the contract.
    3. Misleading or false information or essential facts were provided in support of the booking, eg the identity of the customer or the purpose.
    4. The Club has sound reason to believe that a particular use of the Club's services or facilities could constitute a risk to safety for which the management of the Club could be held responsible.
    5. Clarification of the customer's plans after the agreement of the contract indicates that the proposed use of Club facilities is likely to compromise the interests of the Club or the general public through the political, religious or other characteristics of those activities.  Adverts, other advertising promotions or publications which refer to the Club require the written consent of the Club as a matter of principle.  Failure to comply with this disclosure requirement by the customer or unauthorised publication shall give the Club the right to cancel the event.
    6. A violation against paragraph I.1 of these general terms and conditions takes place.

Provision of rooms, arrival and departure

  1. The customer has no right to claim a particular room.
  2. Rooms are available to customers from 15.00 on the agreed day of arrival for as long as allocated.  The customer has no right to claim at an earlier time.
  3. On the agreed departure day, rooms should be vacated by 11.00 at the latest.  If the room is vacated any later, the Club has the right to levy additional charges to cover the cost of the additional use of the rooms, at the rate of 50% of the full lodging price for rooms vacated up to 18.00, or 100% thereafter.  The customer is entitled to demonstrate to the Club that the room was vacated on time or that the Club has not incurred a chargeable loss as a result of vacating the room late.
  4. Please note that smoking is forbidden in the entire Club Room area (rooms, corridors and terrace). Failure to comply with these regulations could result in a cleaning fee of 450 EUR and a possible restriction on making further bookings.

Liability of the Club

  1. With exception of cases covered by § 309 Ziff. 7 BGB (Civil Code), the Club's liability is limited to damages, consequential losses or injuries which are a direct result of premeditation or gross negligence.  The customer is bound to repair any defects or make good any damage or loss at the lowest reasonable cost.
  2. For the safekeeping of customers' possessions, the Club's liability is limited by statutory regulations to a value of €500 for money, securities and other valuables.  Any claims for liability will expire if the customer causes loss, destruction or damage to the Club after his own loss becomes apparent (§ 703 BGB).
  3. Parking spaces can be reserved in the Club's car park for a fee, but this does not include any security services.  In the event of a collision by motor vehicles, or of loss or damage to vehicles or contents on Club property, the Club has no liability other than by premeditation or gross negligence.  This also applies to the agents of the Club.
  4. The Club will provide wake up calls with the greatest care.  Compensation claims are excluded, whether against gross negligence or premeditation.
  5. Newspapers, post and packages for guests will be handled with care.  The Club undertakes the delivery, safekeeping and - if desired - forwarding of these items for a charge.  Compensation claims are excluded, whether against gross negligence or premeditation.
  6. Customers can only raise objections to or appeal against telephone bills within one month of receipt.

Concluding clauses

  1. Any amendments or additions to the contract, the acceptance proposal or the terms and conditions should be made in writing.  Any changes to the form should also be made in writing.  The customer cannot make unilateral amendments or additions.
  2. The contract will be fulfilled and must be paid for at the location of the Club.
  3. The exclusive area of jurisdiction is the location of the Club.  In the event that a contract partner has no home jurisdiction, the area of jurisdiction of the location of the Club shall be specifically agreed.
  4. German law applies.
  5. Should any individual rule of these general terms and conditions be or should become ineffective or void, this will not affect the application of the other rules.

As at 15.02.2009