General Terms and Conditions of Business
I. Scope of application
1. These terms and conditions shall apply to contracts for the rental of hotel rooms for lodging purposes, as well as to all other services and deliveries provided by the hotel for the customer.
services and deliveries rendered by the hotel to the customer.
2. Subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation shall require the prior written consent of the hotel, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
3. The customer’s terms and conditions shall apply only if expressly agreed in writing in advance.
II. Conclusion of Contract, Contracting Parties; Statute of Limitations
1. The contract shall be concluded by the hotel’s acceptance of the customer’s application. The hotel shall be free to confirm the room reservation in writing.
2. The contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
3. All claims against the hotel shall generally become statute-barred one year after the commencement of the regular limitation period of § 199 (1) of the German Civil Code (BGB) which is dependent on knowledge. Claims for damages shall become statute-barred after five years irrespective of knowledge. The reductions in the statute of limitations shall not apply to claims based on a willful or grossly negligent breach of duty by the hotel.
III. Services, Prices, Payment, Offsetting
1. The hotel shall be obligated to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer shall be obligated to pay the prices of the hotel applicable or agreed for the provision of the rooms and the other services used by the customer. This shall also apply to services and expenses of the hotel to third parties arranged by the customer.
3. The agreed prices include the respective statutory value added tax. If the period between conclusion and performance of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a reasonable amount, but not by more than 5%.
4. Prices may also be changed by the hotel if the customer subsequently requests changes in the number of rooms booked, the hotel’s services or the length of stay of the guests and the hotel agrees thereto.
5. Invoices of the hotel without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to call in accrued claims at any time and to demand immediate payment. In the event of default in payment, the hotel shall be entitled to charge the statutory default interest currently applicable at the rate of 8% or, in the case of legal transactions involving a consumer, at the rate of 5% above the base interest rate. The hotel reserves the right to prove higher damages.
6. The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
7. The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
IV. Withdrawal by the customer (i. e. cancellation) / non-utilisation
of the services of the hotel
1. Cancellation by the customer of the contract concluded with the hotel requires the written consent of the hotel. If this is not given,
the agreed price under the contract shall be price under the contract shall be paid even if the customer does not avail himself of contractual services. This shall not apply in the event of a breach of the hotel’s obligation to show consideration for the rights, legal interests, and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is entitled to any other statutory or contractual right of withdrawal.
2. If the hotel and the customer have agreed in writing on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without triggering any claims for payment or damages on the part of the hotel. The customer’s right of withdrawal shall expire if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless a case of withdrawal by the customer pursuant to number 1, sentence 3 exists.
3. In the case of rooms not used by the customer, the hotel shall offset the income from renting the rooms to other parties and the expenses saved.
4. The hotel shall be free to demand the contractually agreed remuneration and to make 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 accommodation with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is at liberty to prove that the above-mentioned claim has not arisen or has not arisen in the amount
demanded.
V. Withdrawal of the hotel
1. If the customer’s right to withdraw from the contract free of charge within a certain period has been agreed in writing, the hotel shall be entitled for its part to withdraw from the contract within this period if there are enquiries from other customers about the contractually
contract during this period if there are requests from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel.
does not waive his right to withdraw.
2. If an agreed advance payment or an advance payment demanded above pursuant to clause III no. 6 is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
3. Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example
- n the event of force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract.
- Rooms are booked under misleading or false statements of material facts, e.g. concerning the person of the customer or the purpose of the reservation
- the hotel has reasonable grounds to assume that the use of the hotel service may jeopardise the smooth operation of the business, the security or the reputation of the hotel in public without this being attributable to the hotel’s sphere of control or organisation.
- there is a breach of clause I no. 2 above.
4. In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.
VI. room provision, handover and return
1. The customer does not acquire any right to the provision of certain rooms.
2. Booked rooms are available to the customer from 3.00 p.m. on the agreed day of arrival The customer has no right to earlier availability.
3. The rooms must be vacated and made available to the hotel no later than 10.00 a.m. on the agreed day of departure. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for late vacating of the room for its use in excess of the contract until 6 p.m., and 100% after 6 p.m.. Contractual claims of the customer are not justified by this. The customer shall be at liberty to prove that the hotel has not incurred any claim to a charge for use or that the claim is substantially lower.
VII Liability of the Hotel
1. The hotel shall be liable for its obligations under the contract with the due care and diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages arising from injury to life, body or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of duties typical of the contract by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. n the event of disruptions or defects in the hotel’s services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable in order to remedy the disruption and minimise any possible damage.
2. The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of € 3,500, and for money, securities and valuables up to € 800. Money, securities and valuables may be stored in the hotel or room safe up to a maximum value of € (insert sum insured by the hotel). otel or room safe up to a maximum value of € (insert sum insured by the hotel). The hotel recommends making use of this possibility. The liability claims expire if
the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). Any further liability on the part of the hotel shall be governed by the foregoing paragraph 1, sentences 2 to 4, mutatis mutandis.
3. Insofar as a parking space is made available to the customer in the hotel garage or in a hotel car park, even for a fee, this shall not constitute a safekeeping contract. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property or their contents, except in the case of intent or gross negligence. Paragraph 1, sentences 2 to 4 above shall apply accordingly.
4. Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for the guests will be handled with care. The hotel shall undertake the delivery, safekeeping and – on request – forwarding of the same against payment. Paragraph 1, sentences 2 to 4 above shall apply mutatis mutandis.
VIII Final Provisions
1. Any amendments or additions to the contract, the acceptance of the application or these Terms and Conditions for Hotel Accommodation shall be made in writing. Unilateral amendments or supplements by the customer are invalid.
2. The place of performance and payment shall be the registered office of the hotel.
3. The exclusive place of jurisdiction – also for disputes regarding cheques and bills of exchange – in commercial transactions shall be the registered office of the hotel. If a contracting party fulfils the requirements of § 38 para. 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
4. German law shall apply The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws shall be excluded.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.
