GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
I. SCOPE
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 prior consent of the hotel in text form is required if the rooms provided are to be sublet or re-let or used for purposes other than accommodation, whereby Section 540 Paragraph 1 Sentence 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, PARTNERS, STATUTE 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 text form.
2. The contractual partners are the hotel and the customer. If a third party has ordered for the customer, they are liable to the hotel together with the customer as joint debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has a corresponding declaration from the third party.
3. All claims against the hotel expire one year after the start of the statutory limitation period. Claims for damages become statute-barred after five years, regardless of knowledge, insofar as they are not based on injury to life, limb, health or freedom. These claims for damages become statute-barred in 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, OFFSET
1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obliged to pay the agreed or applicable hotel prices for rooms provided and for other services used. This also applies to services and expenses of the hotel arranged by the customer for third parties. The agreed prices include 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 service or the length of stay of the customer, if requested by the customer, dependent on the price for the room and/or for the other services of the hotel increasing .
4. Hotel invoices without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel can demand the immediate payment of due claims from the customer at any time. In the event of default of payment, the hotel is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, of 5% above the base interest rate. The hotel reserves the right to prove higher damage.
5. The hotel is entitled to demand a reasonable advance payment or security in the form of a credit card guarantee, a down payment or similar from the customer upon conclusion of the contract. 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. the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled to demand an advance payment or security deposit in the sense of No. 5 above or an increase in the advance payment or security deposit agreed in the contract up to the beginning of the stay, even after the contract has been concluded to demand the full agreed remuneration.
7. The hotel is also entitled to demand a reasonable advance payment or security deposit within the meaning of No. 5 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such has not already been provided in accordance with No. 5 and/or above 6 was done.
8. The customer can only offset or set off against a claim of the hotel with an undisputed or legally binding claim.
IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION) / FAILURE TO USE HOTEL SERVICES (NO SHOW)
1. A cancellation by the customer of the contract concluded with the hotel requires the consent of the hotel in text form. If this does not take place, the agreed price from the contract must be paid even if the customer does not make use of the contractual services.
2. If an appointment for free cancellation of the contract has been agreed in text form between the hotel and the customer, the customer can cancel the contract up to that point without triggering any payment or damage claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal to the hotel in text form 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 expenses saved. If the rooms are not rented out elsewhere, the hotel can demand the contractually agreed remuneration and make a flat-rate deduction for saved expenses of the hotel. 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 OF THE HOTEL
1. If it has been contractually agreed 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 responds to the hotel’s query not waived his right to withdraw.
2. If an advance payment or security deposit that has been agreed or requested in accordance with Section III, Nos. 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 justifiable 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 spaces are booked culpably with misleading or false information about material contractual facts, eg 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 jeopardize the smooth running of business, the security or the reputation of the hotel in public, without this being attributable to the hotel’s area of control or organization; – the purpose or reason for the stay is illegal; – there is a violation of the above-mentioned number I no. 2.
4. If the hotel withdraws with justification, the customer is not entitled to compensation.
VI. ROOM AVAILABILITY, DELIVERY AND RETURN
1. The customer does not acquire the right to be provided specific rooms unless this has been expressly agreed in writing.
2. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After that, the hotel can charge 50% of the full accommodation price (list price) for use beyond the contract due to the delayed vacating of the room up to 6:00 p.m. and 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 for usage fees.
VII. HOTEL LIABILITY
1. The hotel is liable for its obligations under the contract. Customer claims for compensation are excluded. Excluded from this are damages resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damages which are based on an intentional or grossly negligent breach of duty by the hotel and damages which are based on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects occur in the hotel’s services, 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. Thereafter, liability is limited to a hundred times the room rate, but no more than €3,500 and, deviating from this, for money, securities and valuables up to a maximum of €800. Money, securities and valuables can be kept in the hotel or room safe up to a maximum value of € (include the hotel’s insurance sum). The hotel recommends that you use this option.
3. If the customer is provided with a parking space in the hotel garage or in a hotel car park, even for a fee, this does not result in a custody agreement. The hotel is not liable in the event of loss or damage to motor 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 of the above number 1, sentences 2 to 4 applies accordingly.
4. Wake-up calls are carried out by the hotel with the utmost care. Messages, post and consignments for the guests are treated with care. The hotel takes over the delivery, storage and – on request – the forwarding of the same for a fee. For the exclusion of claims for damages by the customer, the regulation of the above 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 text form. Unilateral changes or additions by the customer are invalid.
2. The place of performance and payment is the location of the hotel.
3. The exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is the registered office of the hotel in commercial transactions. If a contractual partner meets the requirements of § 38 paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.
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 invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
