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.

2. The subletting or re-letting of the leased rooms as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 Paragraph 1 Clause 2 BGB is excluded if the customer is not a consumer.

3. The customer's terms and conditions only apply if this has been expressly agreed in writing.

 

II. Conclusion of contract, prices, payment, offsetting

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 received a corresponding declaration from the third party.

3. All claims against the hotel generally become statute-barred one year from the beginning of the knowledge-dependent regular limitation period of Section 199 (1) BGB. Claims for damages become statute-barred after five 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, offsetting

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 applicable or agreed hotel 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.

3. The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel can increase the contractually agreed price appropriately, but no more than 5%.

4. The prices can also be changed by the hotel if the customer subsequently wishes to change the number of rooms booked, the hotel's services or the length of the guests' stay and the hotel agrees to this.

5. Hotel invoices without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to make accumulated claims due at any time and to demand immediate payment. 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 interest rate. The hotel reserves the right to provide evidence of higher damage.

6. The hotel is entitled to make an appropriate advance payment upon conclusion of the contract or thereafter, taking into account the legal provisions for flat rates, and the payment dates can be agreed in writing in the contract.

7. The customer can only offset or reduce a claim by the hotel with an undisputed or legally binding claim.

 

IV. Withdrawal by the customer (cancellation, cancellations) / failure to use the hotel's services (no show)

1. Cancellation by the customer of the contract concluded with the hotel requires the hotel's written consent. If this is not done, the price agreed in the contract must be paid even if the customer does not use the contractual services. This does not apply in the event of a breach of the hotel's obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer be expected to adhere to the contract or if he is entitled to any other statutory or contractual right of withdrawal.

2. If an appointment between the hotel and the customer withdraws from the contract free of charge without triggering payment or compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless there is a case of withdrawal by the customer in accordance with Section IV No. 1 Clause 3.

3. In the case of a room not used by the customer, the hotel must credit the income from renting the room to other parties as well as the saved expenses.

4. The hotel is free to demand the contractually agreed remuneration and to apply a flat-rate deduction for 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 above-mentioned claim did not arise or did not arise in the requested amount.

V. Resignation of the hotels

1. If the customer's right to withdraw free of charge has been agreed in writing 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 hotel, to his right to Resignation not waived.

2. If an agreed advance payment or an advance payment 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 are booked with misleading or false information about essential facts, e.g. regarding the person of the customer for the purpose;

The hotel has justified cause to assume that the use of the hotel service can endanger the smooth business operations, the security or the reputation of the hotel in public, without affecting the area of ​​control or organization of the Hotels is attributable.

· There is a violation of Clause I No. 2 above.

4. If the hotel is justified in withdrawing from the contract, the customer has no right to compensation.

 

VI. Room provision, handover and return

1. The customer does not acquire the right to be provided specific rooms.

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. Rooms must be vacated and made available to the hotel no later than 12:00 noon on the agreed departure date. Thereafter, due to the late vacating of the room, the hotel can charge 50% of the full accommodation price (list price) for use beyond the contract until 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 fee.

 

VII. Hotel liability

1. The hotel is liable for its obligations under the contract with the care of a prudent businessman. Claims of the customer for damages are excluded. This does not apply to 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. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent.

2. The hotel is liable to the customer for items brought in according to the statutory provisions, that is up to one hundred times the room rate, up to a maximum of EUR 3,500.00, and for money and valuables up to EUR 800.00. Money and valuables can be stored in the hotel or room safe up to a maximum value corresponding to the insured amount of the respective hotel. The hotel recommends that you use this option. The liability claims expire if the customer does not notify the hotel immediately after gaining knowledge of loss, destruction or damage (§ 703 BGB). For a more extensive liability of the hotel the above number 1 sentences 2 to 4 apply accordingly.

3. If the customer is provided with a parking space in the hotel garage or on a hotel parking lot, even for a fee, this does not constitute a safekeeping contract. 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 willful intent or gross negligence. The above number 1 sentences 2 to 4 apply accordingly.

4. Wake-up calls are carried out by the hotel with great care. Messages, mail and shipments of goods for guests are handled with care. The hotel will deliver, store and - on request - forward them for a fee. No. 1 sentences 2 to 4 above apply accordingly.

VIII. Final provisions

1. Changes or additions to the contract, the acceptance of applications or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.

2. The place of fulfillment and payment is the headquarters of the hotels.

3. Contact details may be used for advertising purposes.

4. The exclusive place of jurisdiction - also for check and bill of exchange disputes - is the seat of the hotel in commercial transactions. If a contractual partner fulfills the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the seat of the hotel.

5. German law applies. The application of the UN sales law and the conflict of laws is excluded.

6. Should individual provisions of these general terms and conditions for hotel accommodation be or become ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply