I. SCOPE OF APPLICATION
1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
2. The subletting or re-letting of the leased rooms as well as their use for purposes other than accommodation require the prior consent of the hotel in writing, whereby § 540 Paragraph 1 Clause 2 BGB is waived if the customer is not a consumer.
3. The customer’s general terms and conditions only apply if this has been expressly agreed in writing beforehand.
II. CONCLUSION OF CONTRACT, PARTNER, LIMITATION OF LIMITATIONS
1. The contract is concluded when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in writing.
2. The contracting parties are the hotel and the customer. If a third party has ordered for the customer, he and the customer are jointly and severally liable to the hotel for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration from the third party.
3. All claims against the hotel generally become statute-barred one year from the start of the statutory limitation period. Claims for damages become statute-barred after five years regardless of knowledge, unless they are based on injury to life, body, health or freedom. These claims for damages become statute-barred after ten years regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. SERVICES, PRICES, PAYMENT, SET-OFF
1. The hotel is obliged to keep the rooms reserved by the customer available and to provide the agreed services.
2. The customer is obliged to pay the hotel’s agreed or applicable prices for rooms provided and for other services used by him. This also applies to services and expenses of the hotel to third parties initiated by the customer. The agreed prices close the respective statutory sales tax.
3. The hotel can make its consent to a subsequent reduction in the number of booked rooms, the hotel’s services or the customer’s length of stay, as requested by the customer, dependent on the price of the rooms and / or other hotel services increasing .
4. Hotel invoices without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel can demand immediate payment of due claims from the customer at any time. In the event of default in payment, the hotel is entitled to demand the respectively applicable statutory default interest in the amount of currently 8% or, in the case of legal transactions in which a consumer is involved, in the amount of 5% above the base rate. The hotel reserves the right to provide evidence of higher damage.
5. When the contract is concluded, the hotel is entitled to demand an appropriate advance payment or security deposit from the customer in the form of a credit card guarantee, a deposit or similar. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
6. In justified cases, e.g. payment arrears by the customer or expansion of the scope of the contract, the hotel is entitled to make an advance payment or security deposit within the meaning of number 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full to demand the agreed remuneration.
7. The hotel is also entitled to demand an appropriate advance payment or security deposit from the customer at the beginning of and during the stay in the sense of number 5 above for existing and future claims from the contract, insofar as such is not already in accordance with the numbers above 5 and / or 6 has been achieved.
8. The customer can only offset or set off an undisputed or legally binding claim against a claim by the hotel.
IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, ANNULMENT) / FAILURE TO USE HOTEL SERVICES (NO SHOW)
1. Cancellation by the customer of the contract concluded with the hotel requires the hotel’s consent in writing. If this is not done, the price agreed in the contract must be paid even if the customer does not make use of the contractual services.
2. If a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract until then without triggering payment or damage claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right to withdraw from the hotel in writing by the agreed date.
3. In the case of rooms not used by the customer, the hotel must offset the income from renting these rooms to other parties as well as the saved expenses. If the rooms are not rented to someone else, the hotel can demand the contractually agreed remuneration and apply a lump sum for the hotel’s saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
V. WITHDRAWAL BY THE HOTEL
1.If it has been agreed in text form that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer upon request of the Hotels does not waive its right to withdraw.
2. If an agreed advance payment or a security deposit requested in accordance with Section III Numbers 5 and / or 6 above is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justified reason, for example if – Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; – rooms or rooms are culpably booked with misleading or false information about essential contractual facts, e.g. about the customer or the purpose of his stay; – the hotel has justified reason to believe that the use of the hotel’s services may endanger the smooth business operations, security or public image of the hotel, without this being attributable to the hotel’s sphere of control or organization; – the purpose or the reason for the stay is illegal; – there is a violation of the above-mentioned item I number 2
4. If the hotel is justified in withdrawing from the contract, the customer has no right to compensation.
VI. ROOM AVAILABILITY, DELIVERY AND RETURN
1. The customer has no right to the provision of certain rooms, unless this has been expressly agreed in writing.
2. Booked rooms are available to the customer from 2:00 p.m. on the agreed arrival date. The customer has no right to earlier availability.
3. Rooms must be vacated and made available to the hotel no later than 11:00 am on the agreed departure date. Thereafter, due to the late vacating of the room, the hotel can charge 75% of the full accommodation price (list price) for use beyond the contract until 6:00 p.m., 100% from 6:00 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim to usage fee.
VII. LIABILITY OF THE HOTEL
1. The hotel is liable for its obligations under the contract. Customer claims for compensation are excluded. Excluded from this are damage resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damage that is based on an intentional or grossly negligent breach of duty by the hotel and damage that is based on an intentional or negligent breach of typical contractual obligations of the hotel. One A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or deficiencies in the hotel’s services occur, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
2. The hotel is liable to the customer for items brought in according to the statutory provisions. According to this, liability is limited to one hundred times the room rate, but a maximum of € 3,500 and, in deviation for money, securities and valuables, a maximum of € 800. Money, securities and valuables up to a maximum value of € (insert the hotel’s insured amount) can be stored in the hotel or room safe. The hotel recommends that you use this option.
3. If the customer is provided with a parking space in the hotel garage or on a hotel car park, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to vehicles parked or maneuvered on the hotel property and their contents, except in the case of intent or gross negligence. For the exclusion of the customer’s claims for damages, the regulation in number 1, sentences 2 to 4 above applies accordingly.
4. Wake-up calls are carried out by the hotel with great care. Messages, mail and merchandise deliveries for guests are handled with care. The hotel takes over delivery, storage and – on request – forwarding of the same for a fee. For the exclusion of claims for damages by the customer, the regulation of the preceding number 1, sentences 2 to 4 applies accordingly.
VIII. FINAL PROVISIONS
1. Changes and additions to the contract, the acceptance of applications or these general terms and conditions should be made in writing. Unilateral changes or additions by the customer
2. The place of fulfillment and payment is the hotel’s location.
3. The exclusive place of jurisdiction – also for check and bill of exchange disputes – is the corporate seat of the hotel in commercial transactions. If a contractual partner meets the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the hotel’s registered office under company law.
4. German law applies. The application of the UN sales law and the conflict of laws is excluded.
5. Should individual provisions of these general terms and conditions be or become ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.