General terms and conditions for accommodation and event contracts from VITA-Ferienresidenz Neu Kaliß
of the Association for Integrative Therapeutic Offers – VITA e. V. Berlin
I. Scope
- These general terms and conditions apply to contracts for the temporary rental of guest rooms, holiday apartments and other accommodation units for accommodation as well as for the rental of event rooms and all related services and deliveries of the VITA-Ferienresidenz Neu Kaliß of the Association for Integrative Therapeutic Offers – VITA e. V. Berlin, Heerstraße 12-14, 14052 Berlin, in the holiday residence, Straße des Friedens 9, 19294 Neu Kaliß (hereinafter referred to as “VITA holiday residence”).
- These general terms and conditions apply to both direct bookings via the website, by email, telephone or other direct means as well as to bookings via external booking platforms, unless different conditions have been effectively included there.
- When booking via external booking platforms, in particular Booking.com, the booking, payment and cancellation conditions stated there also apply. In the event of contradictions, the conditions effectively agreed on the respective booking platform for the specific booking process take precedence.
- Within the scope of these conditions, the term “accommodation contract” includes and replaces in particular the terms guest accommodation contract, hotel accommodation contract, hotel room contract, holiday apartment contract and accommodation contract. If event rooms are provided, these conditions apply accordingly to the event room rental agreement.
- The subletting or subletting of the rooms, holiday apartments, rooms or areas provided as well as their use for purposes other than the agreed accommodation or event purposes require the prior consent of VITA-Ferienresidenz in text form. Section 540 Paragraph 1 Sentence 2 BGB is waived to the extent legally permissible.
- The customer’s general terms and conditions only apply if this has been expressly agreed upon in writing beforehand.
- Customers within the meaning of these terms and conditions are both consumers and entrepreneurs within the meaning of Sections 13 and 14 of the German Civil Code (BGB). For events, the booking customer is also considered the organizer, unless otherwise agreed.
- Individual agreements and offers confirmed in writing by the VITA holiday residence take precedence over these general terms and conditions.
II. Conclusion of contract, contractual partner, limitation period
- For direct bookings, the contract is concluded when the customer’s booking or contract application is accepted by the VITA holiday residence. If the VITA holiday residence makes a binding offer to the customer, the contract is concluded when the customer accepts this offer. The booking should be confirmed in text form. When booking via external booking platforms, the conclusion of the contract is based on the respective booking processes and conditions of the platform.
- The contractual partners are the Association for Integrative Therapeutic Offers – VITA e. V. Berlin as the operator of the VITA holiday residence and the customer. If a third party has booked or ordered for the customer, the customer is jointly and severally liable with the third party for all obligations arising from the contract, provided that VITA Holiday Residence has a corresponding declaration from the third party or the liability arises from the circumstances.
- All claims of the customer against the VITA holiday residence generally expire one year from the start of the knowledge-dependent regular limitation period within the meaning of Section 199 Paragraph 1 of the German Civil Code (BGB). Claims for damages become statute-barred at the latest in three years, depending on knowledge, and at the latest ten years from the breach of duty, regardless of knowledge.
- The above reductions in the limitation period do not apply to claims based on an intentional or grossly negligent breach of duty by the VITA holiday residence or its legal representatives or vicarious agents. They also do not apply in the event of damage resulting from injury to life, body or health or in the event of negligently caused property and financial loss if an essential contractual obligation has been breached. Essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer can regularly rely.
III. Services, prices, payment, offsetting
- The VITA holiday residence is obliged to provide the accommodation units, event rooms and agreed services booked by the customer and to provide the agreed services. For direct bookings, the services presented on the website or in the individual offer of the VITA holiday residence apply. When booking via external booking platforms, the services are based on the offers and conditions presented there.
- The customer is obliged to pay the applicable or agreed prices of the VITA holiday residence for the accommodation, room and other services used. This also applies to services and expenses of the VITA holiday residence towards third parties initiated by the customer. For direct bookings, the prices and payment conditions stated on the website or in the individual offer apply. When booking via external booking platforms, the prices, payment methods and payment conditions displayed there apply.
- The agreed prices include the statutory sales tax applicable at the time the contract is concluded, if sales tax is due. Not included are local taxes, spa taxes, guest contributions, tourism taxes or comparable taxes that may be owed by the guest according to the respective local law. If there are changes in statutory taxes or the introduction, change or abolition of local taxes after the conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this only applies if there are more than four months between the conclusion of the contract and its fulfillment.
- The prices can be changed by the VITA holiday residence if the customer subsequently requests changes to the number of booked people, rooms, holiday apartments, event rooms, services or the length of stay or event and the VITA holiday residence agrees to these changes.
- VITA holiday residence invoices without a due date are payable without deductions within ten calendar days of receipt of the invoice. In the event of late payment, the VITA holiday residence is entitled to charge the applicable statutory default interest. The default interest rate for entrepreneurs is currently nine percentage points above the base interest rate; towards consumers five percentage points above the base interest rate. We reserve the right to assert further damages.
- In justified cases, in particular if the customer is in arrears on payments, short-term bookings, group bookings, event bookings or expansion of the scope of the contract, the VITA holiday residence is entitled to demand an appropriate advance payment or security up to the full agreed remuneration even after the contract has been concluded.
- The customer can only set off an undisputed or legally established claim against a claim of the VITA holiday residence. The customer can only exercise a right of retention if it is based on the same contractual relationship.
- The data protection regulations of the VITA holiday residence also apply, available at: https://ferienresidenzneukaliss.de/datenschutzerklaerung/
IV. Withdrawal of the customer, cancellation, no-show
- The cancellation conditions set out in these General Terms and Conditions apply to direct bookings, unless expressly agreed otherwise.
- For bookings via external booking platforms, the platform’s cancellation conditions displayed in the respective booking process apply primarily.
- The customer can only withdraw from the contract if a right of withdrawal has been expressly agreed, a statutory right of withdrawal or termination exists or the VITA holiday residence expressly agrees to the cancellation of the contract in text form.
- If a date for free withdrawal has been agreed between the VITA holiday residence and the customer, the customer can withdraw from the contract up to this date without triggering claims for payment or damages from the VITA holiday residence. The right of withdrawal expires if the customer does not exercise it in writing to VITA-Ferienresidenz by the agreed date.
- For cancellations of booked rooms, holiday apartments or other accommodation units, the following cancellation conditions apply to direct bookings, unless expressly agreed otherwise:
- If canceled 14 to 8 calendar days before the agreed arrival date, 50% of the agreed total price of the stay will be charged.
- If canceled 7 to 2 calendar days before the agreed arrival date, 80% of the agreed total price of the stay will be charged.
- If canceled 1 calendar day before the agreed arrival day, on the day of arrival or in the event of no-show, 100% of the agreed total price of the stay will be charged.
- The decisive factor for calculating the cancellation deadline is receipt of the cancellation declaration by the VITA holiday residence in text form. If the VITA holiday residence can rent the booked accommodation unit to someone else, the income generated as a result and the expenses saved will be taken into account. The customer is free to prove that the VITA holiday residence has no claim or a significantly lower claim. The VITA holiday residence reserves the right to provide proof of greater damage.
- For events and the provision of event rooms, the cancellation conditions agreed in the offer or in the booking confirmation apply primarily. If there is no such agreement, the VITA holiday residence can demand appropriate compensation if the customer withdraws. In the event of cancellation from 30 calendar days before the event date, this is a flat rate of 50%, from 14 calendar days before the event date 75% and from seven calendar days before the event date 90% of the agreed room rental or the agreed minimum turnover. The customer is free to prove that no damage or significantly less damage occurred.
- The above regulations apply accordingly if the customer or guest does not use the booked accommodation, the booked event room or the agreed services without timely notification (no show).
V. Withdrawal of the VITA holiday residence
- If a free right of withdrawal for the customer within a certain period of time has been agreed, the VITA holiday residence is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked accommodation units or rooms and the customer does not waive his right of withdrawal within a reasonable period of time when asked by the VITA holiday residence.
- If an agreed or in accordance with III. If the advance payment or security deposit required under Section 6 has not been made even after a reasonable grace period set by the VITA holiday residence has expired, the VITA holiday residence is entitled to withdraw from the contract.
- The VITA holiday residence is also entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
- force majeure or other circumstances for which VITA holiday residence is not responsible make the fulfillment of the contract impossible or significantly more difficult;
- Accommodation units or event rooms are culpably booked using misleading or false information or with concealment of essential facts, in particular with regard to the customer’s identity, ability to pay, the purpose of the stay or the purpose of the event;
- the VITA holiday residence has reasonable grounds to believe that the use of the service may endanger the smooth business operations, the security or the reputation of the VITA holiday residence or the VITA e. V. Berlin in public, without this being attributable to the control or organizational area of the VITA holiday residence;
- there is a violation of I. Section 5;
- the agreed or permitted number of people is exceeded or there is a risk of overcrowding;
- the customer or his guests violate essential house rules, safety regulations or legal regulations.
- In the event of justified withdrawal from the VITA holiday residence, the customer has no claim to compensation.
VI. Provision, use and return of the accommodation units and rooms
- The customer does not acquire any right to the provision of specific rooms, holiday apartments or rooms unless this has been expressly agreed.
- Booked accommodation units are available to the customer from 5:00 p.m. on the agreed arrival day at the earliest, unless earlier availability has been expressly agreed. The customer has no right to an earlier provision.
- On the agreed departure day, the accommodation units in the VITA holiday residence must be vacated and properly returned by 10:00 a.m. at the latest, unless a later return has been expressly agreed. After that, the VITA holiday residence can charge 50% of the currently valid daily price for use beyond the contract until 6:00 p.m. and 100% of the currently valid daily price from 6:00 p.m. This does not justify the customer’s contractual claims to extended use. The customer is free to prove that no claim or a significantly lower claim has arisen.
- Event rooms are only available to the customer during the contractually agreed times of use. Assembly, dismantling and cleaning times are only included if this has been expressly agreed.
- The booked accommodation units and rooms may only be used by the agreed or permitted number of people. Overcrowding is not permitted.
- The VITA holiday residence is accommodation in a quiet, natural location. The customer and his guests must be considerate of other guests, residents and the surrounding area. Statutory rest times and any house rules must be adhered to.
- Smoking is not permitted indoors. In the event of violations, the VITA holiday residence can claim damages for cleaning, ventilation and failure.
- Pets are only permitted with the prior consent of the VITA holiday residence. The VITA holiday residence can make the acceptance of pets dependent on the type, size, number and behavior of the animal and can charge an additional fee or an additional cleaning fee. The customer is liable for all damage and contamination caused by animals brought along.
- Free parking spaces, bicycle parking facilities or other storage areas will be made available, if available, without the need for a storage contract. Guarding or storage only takes place if this has been expressly agreed.
- The loss of keys or other access media must be reported to the VITA holiday residence immediately. The customer is liable for the costs of obtaining a replacement as well as for necessary security measures, in particular the replacement of locking systems, if he is responsible for the loss.
VII. Special regulations for events, groups and third-party services
- The customer must inform VITA-Ferienresidenz of the purpose of the event and the expected number of participants in full upon request. Significant changes, in particular with regard to the number of participants, type of event, times, technical requirements or security issues, require the consent of the VITA holiday residence.
- The customer is responsible for the behavior of his guests, participants, service providers and other vicarious agents. He must ensure that all legal regulations, official requirements, fire protection regulations, rest times and house rules are adhered to.
- Bringing your own food and drinks, using the kitchen, using external caterers or other external service providers and using the garden, barbecue area or outdoor area are only permitted within the framework of the agreement made.
- The customer is responsible for official permits, registrations, GEMA fees, copyright permits, reductions in blocking times or other permits required for the event, unless expressly agreed otherwise.
- Decorations, structures, technical equipment or other items brought in may only be installed or brought in with the prior consent of the VITA holiday residence. Escape routes, fire protection devices, doors, windows and technical systems must not be blocked, damaged or impaired.
- After the end of the event, items brought along must be removed immediately and the rooms and areas used must be returned in good condition. Items left behind may be removed and stored at the customer’s expense. The VITA holiday residence is only liable for loss or damage to such items in accordance with VIII.
- The customer is liable for all damage to the buildings, rooms, equipment, inventory, outdoor facilities and other property of the VITA holiday residence caused by him, his guests, participants, service providers or other third parties from his area of responsibility.
VIII. Liability of the VITA holiday residence
- The VITA holiday residence is liable for damages resulting from injury to life, body or health in accordance with the statutory provisions. The VITA holiday residence is liable for other damages in the event of intent and gross negligence, including its legal representatives and vicarious agents, in accordance with the statutory provisions.
- In the event of property damage and financial damage caused by negligence, the VITA holiday residence is only liable in the event of a breach of an essential contractual obligation, but the amount is limited to the damage that was foreseeable at the time the contract was concluded and was typical for the contract. Essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer can regularly rely.
- If disruptions or deficiencies occur in the services of the VITA holiday residence, the VITA holiday residence will endeavor to remedy the situation upon becoming aware of it or upon immediate notification from the customer. The customer is obliged to do what is reasonable for him to remedy the fault and keep any possible damage to a minimum, and to report any faults and damage immediately.
- The VITA holiday residence is liable to the guest for items brought in in accordance with the legal provisions of §§ 701 ff. BGB up to a maximum of the legally stipulated amount. The statutory liability limits apply to money, securities, valuables and other valuables. If the guest wishes to bring in or store items of particular value, this requires a separate agreement with the VITA holiday residence.
- The VITA holiday residence is only liable for vehicles, bicycles, e-bikes, trailers or other items parked on the property in accordance with the above liability regulations, unless a separate custody agreement has been concluded.
IX. Social booking and special conditions
- Non-profit organizations, clubs and social organizations can receive special conditions upon request. A claim to the granting of certain discounts or special conditions only exists if these have been expressly confirmed in text form by the VITA holiday residence.
- Special conditions apply subject to availability and only for the confirmed booking process. They cannot be subsequently applied to existing bookings unless otherwise agreed.
- The VITA holiday residence can make the granting of special conditions dependent on suitable proof of non-profit status, sponsorship or association structure.
X. Note on the right of withdrawal
- According to Section 312g Paragraph 2 No. 9 BGB, there is no right of withdrawal if the services offered are contracts for the provision of accommodation services on a specific date or period.
- This applies accordingly to contracts for events and related services, provided they are agreed for a specific date or period.
XI. House rules
- House rules also apply to your stay in the VITA holiday residence. This is part of the contract and will be made available to the customer upon request or, if published, can be viewed online.
- The customer undertakes to comply with the house rules and to inform his fellow travelers, guests, event participants and other people within his area of responsibility accordingly.
XII. Deposit and security deposit
- The VITA holiday residence is entitled to demand an appropriate deposit or security when booking. This applies in particular to holiday apartments, group bookings, event bookings, longer stays or an increased risk of damage.
- The deposit serves to secure claims of the VITA holiday residence, in particular due to damage, unusual dirt, loss of keys, unpaid additional services or other breaches of duty by the customer.
- The deposit will be refunded after the accommodation unit or event room has been properly returned and any claims have been verified. The VITA holiday residence is entitled to offset justified claims against the deposit.
XIII. Cleaning, laundry and proper use
- Final cleaning is included in the price when booking guest rooms, unless expressly agreed otherwise.
- A one-off final cleaning fee is charged for holiday apartments. The amount of the final cleaning depends on the currently valid price list of the VITA holiday residence or on the information stated in the offer, in the booking confirmation or on the respective booking platform.
- Bed linen and towels are included in the price unless expressly stated or agreed otherwise.
- If desired, an additional linen change can be carried out for a fee. The amount depends on the applicable price list or individual agreement.
- In the event of exceptional soiling, improper use or violations of the house rules, the VITA holiday residence reserves the right to charge additional cleaning, repair or restoration costs.
- The customer must leave the accommodation in a proper condition. Kitchens, communal kitchens, dishes, equipment and other facilities must be treated with care and returned in an appropriate condition after use.
XIV. No participation in out-of-court dispute resolution
The VITA-Ferienresidenz Neu Kaliß or the Association for Integrative Therapeutic Offers – VITA e. V. Berlin does not take part in dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Settlement Act.
XV. Final provisions
- Changes and additions to the contract, the booking confirmation or these general terms and conditions should be made in text form. Unilateral changes or additions by the customer are invalid.
- The place of performance for accommodation and event services is Neu Kaliß. To the extent permitted by law, the place of payment is the operator’s registered office.
- The exclusive place of jurisdiction, to the extent permitted by law, is Berlin. If a contractual partner meets the requirements of Section 38 Paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is also Berlin.
- German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. This choice of law only applies to consumers to the extent that it does not take away the protection of mandatory legal provisions of the country in which the consumer has his or her habitual residence.
- Should individual provisions of these General Terms and Conditions be or become ineffective or void, the effectiveness of the remaining provisions remains unaffected. Otherwise, the legal regulations apply.
As of: April 2026
