I. Scope of validity
1. These General Terms and Conditions apply to contracts concerning the rental of hotel rooms used for lodging purposes as well as to all further services and deliveries provided by the hotel in this regard for the customer. The term “Hotel Accommodation Contract” covers and replaces the following terms: Accommodation Contract, Guest Accommodation Contract, Hotel Contract and Hotel Room Contract.
2. The prior written consent of the hotel is required if the rooms provided are to be sublet or rented to other parties or used other than for lodging purposes, whereby § 540, para. 1, sentence 2 German Civil Code is waived insofar as the customer is not a consumer.
3. The general terms and conditions of the customer are only applicable if these are expressly agreed to in writing in advance.
II. Conclusion of the contract, parties to the contract, statute of limitations
1. The contract is concluded upon the hotel’s acceptance of the customer’s application. Confirmation of the booking in written form is at the hotel’s discretion.
2. The parties to the contract are the hotel and the customer. If a third party placed the order for the customer, then that party is liable vis-à-vis the hotel for all obligations arising from the Hotel Accommodation Contract as a joint and several debtor together with the customer, insofar as the hotel has a corresponding statement by the third party.
3. Any claims against the hotel are generally subject to a statute of limitations of one year beginning from the commencement of the applicable statute of limitations. Damage claims are subject to a statute of limitations of five years, independent of knowledge. Reductions to the statute of limitations do not apply to claims which are based on a wilfully intentional or grossly negligent breach of obligation by the hotel.
III. Services, rates, payment, set-off
1. The hotel is obliged to keep the rooms booked by the customer available and to render the agreed upon services
2. The customer is obliged to pay the applicable and/or agreed upon rates of the hotel for rooms provided and for any other services used. This also applies to services arranged for by the customer and expenses incurred by the hotel for third parties. The agreed upon rates include the corresponding value-added tax applicable by law.
3. The hotel is permitted to increase the room rate and/or prices of other hotel services if the customer later wishes to make changes to the number of booked rooms, the services of the hotel or the duration of the customer’s stay, and the hotel consents to such changes.
4. Invoices issued by the hotel without a due date are to be settled within 10 days of receipt of the invoice without deductions. The hotel is permitted to demand at any time that the customer immediately pay all outstanding accounts due. In case of default of 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 involving a consumer, in the amount of 5 % above the base interest rate. The hotel reserves the right to prove greater damage.
5. Upon conclusion of the contract, the hotel is entitled to demand a reasonable advance payment or security deposit in the form of a credit card guarantee, a cash deposit or similar. The amount of the advance payment and payment dates may be agreed upon in writing in the contract. In the case of advance payments or security deposits for package tours, the applicable provisions of the law remain unaffected.
6. In cases where there is cause, e.g. payment arrears on the part of the customer, the hotel is entitled to demand an advance payment or security deposit in the context of No. 5 above or an increase in the amount of the advance payment or security deposit agreed upon in the contract until complete settlement of the agreed upon remuneration, also after conclusion of the contract up to commencement of the stay.
7. At the commencement and during the stay, the hotel is further entitled to demand a reasonable advance payment or security deposit in the context of No. 5 above for current and future claims arising from the contract, inasmuch as such has not already been made as per Nos. 5 and/or 6 above.
8. Only with a claim which is undisputed or legally effective is the customer permitted to set off or reduce a claim by the hotel or assert a right of retention.
IV. Customer’s withdrawal from the contract
Customer’s withdrawal from the contract (counter-order, cancellation) /
Failure to use hotel services (no show)
1. A withdrawal from the contract concluded with the hotel by the customer requires the hotel’s written consent. If such is not given, then the rate agreed upon in the contract must be paid even if the customer does not avail himself/herself of the contractual services. This does not apply in case of a breach of obligation on the part of the hotel to take into account the rights, objects of legal protection and interests of the customer, if holding the customer to the contract is no longer reasonable or another legally applicable or contractual right to withdrawal exists.
2. You will find the general terms and conditions which apply in case of cancellation or no show during the booking process as well as in the confirmation email.
V. Hotel’s withdrawal from the contract
1. Inasmuch as it has been agreed upon in writing that the customer is permitted to withdraw from the contract free of charge within a specific period, the hotel is also permitted to withdraw from the contract during this period if there are requests for the contractually booked rooms from other customers, and the customer fails to forego his/her right to withdraw from the contract after being approached in this regard by the hotel.
2. If an agreed upon prepayment or security deposit, or a prepayment or security deposit demanded as per Section III Nos. 5 and/or 6, is not made even after expiration of an appropriate subsequent extension period specified by the hotel, then the hotel is likewise entitled to withdraw from the contract.
3. Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for materially justifiable cause, e.g. in the case of force majeure or other circumstances for which the hotel is not responsible which make it impossible to fulfil the contract; if rooms are booked with misleading or false information regarding material facts, such as the identity of the customer or the purpose of the customer’s stay; if the hotel has reasonable cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or its public reputation, without such being attributable to the hotel’s sphere of control or organization; or there is a breach of the above Section I No. 2.
4. In case of justified withdrawal from the contract on the part of the hotel, the customer has no right to claim compensation for damages.
VI. Room availability, room allocation and room return
1. The customer does not acquire any right to be provided with specific rooms.
2. Booked rooms are available to the customer starting at 3.00 p.m. on the agreed upon arrival date. The customer is not entitled to demand earlier availability.
3. Rooms must be vacated and made available to the hotel no later than 12.00 noon on the agreed upon departure date. After that time, delayed vacating of the room for use exceeding the contractually agreed upon time results in the hotel’s being permitted to charge 50 % of the full accommodation rate (list price) for the extended use of the room until 4.00 p.m. (after 6.00 p.m.: 100 %). Such does not constitute any contractual claims on the part of the customer.
VII. Liability of the hotel
1. The hotel is liable for exercising the duty of care of an ordinary merchant with the performance of its obligations arising from the contract. Claims asserted by the customer for compensation for damages are excluded. Exceptions to this are damages which result from injury to life, body or health if the hotel is responsible for the breach of the obligation; other damages which are caused as a result of an wilfully intentional or grossly negligent breach of obligation; and damages which are caused as a result of an wilfully intentional or negligent breach of obligation of the hotel which are typical for the contract. A breach of obligation on the part of the hotel is deemed to be equivalent to a breach on the part of a legal representative or vicarious agent. If disruptions or defects in the hotel’s performance occur, the hotel shall act to remedy such upon gaining knowledge thereof or upon immediate objection by the customer. The customer is obliged to take any reasonable action to help eliminate the disruption and keep possible damage to a minimum.
2. The hotel is liable to the customer for property brought into the hotel in accordance with the legally applicable provisions, i.e. up to one hundred times the room rate up to a maximum of € 3,500.00, and for cash, bonds and securities and valuables up to a maximum of € 800.00 Liability claims become null and void unless the customer notifies the hotel immediately after gaining knowledge of the loss, destruction, or damage (§ 703 BGB (German Civil Code)).
3. Insofar as a parking space is provided to the customer in the hotel garage or hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is charged. The hotel assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property, or for the contents thereof, except in cases of wilful intent or gross negligence. Section No. 1, sentences 2 to 4 above apply accordingly. 4. Wake-up calls are carried out by the hotel with the greatest possible diligence. Messages, post and deliveries of goods for guests are handled with care. The hotel will deliver, hold and, for a fee, forward such items – upon request. Section No. 1, sentences 2 to 4 above apply accordingly.
VIII. Closing provisions
1. Amendments or additions to the contract, the acceptance of applications, or these General Terms and Conditions for Hotel Accommodation are to be made in writing. Unilateral amendments or additions by the customer are not valid.
2. The place of performance and place of payment is the location of the hotel.
3. The exclusive place of jurisdiction in commercial transactions – also for disputes concerning cheques and bills of exchange – is the registered location of the hotel. Inasmuch as a party to the contract fulfils the requirements of § 38, para. 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the registered location of the hotel is also the place of jurisdiction.
4. German law applies. The application of the UN Convention on the International Sale of Goods and the conflict of laws is excluded.
5. If individual provisions of these General Terms and Conditions for the Hotel Accommodation Contract are or become invalid or null and void, this does not affect the validity of the remaining provisions. Legal regulations are applicable otherwise.
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