General terms and conditions
Only the German version of this contract shall be legally binding, the English translation serves information purposes only.
- These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes, as well as all other services and deliveries provided by the hotel for the customer.
- The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation 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.
- The customer’s terms and conditions shall only apply if this has been expressly agreed in writing in advance.
II. Conclusion of contract, contractual partner, limitation period
- The contract is concluded by the hotel’s acceptance of the customer’s application. The hotel is free to confirm the room booking in writing.
- 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.
- 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 do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. Services, Prices, Payment, Offsetting
- The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
- The customer is obliged to pay the prices of the hotel applicable or agreed for the provision of the room and the other services used by the customer. Payment shall be made prior to departure or termination of the rental period. This also applies to services and expenses of the hotel to third parties arranged by the customer.
- The agreed prices include the respective statutory value added tax. If the period between conclusion and fulfilment 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 by no more than 5%.
- The 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 the guests’ stay and the hotel agrees thereto.
- Insofar as the hotel has agreed to invoicing by invoice, invoices of the hotel are payable without deduction within 7 days of receipt of the invoice without a due date. The hotel shall be 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 respective 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 higher damages.
- 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.
- Payment to the hotel shall be made in cash. The hotel is also entitled to accept payments by EC cash.
- The customer may only set off or reduce a claim of the hotel against an undisputed or legally binding claim.
- The hotel reserves the right to pre-authenticate credit cards prior to arrival.
- The hotel offers breakfast if the customer books a corresponding service package. The service package also includes W-LAN access, use of the car park and a mineral water as a welcome drink.
- The hotel room is used for overnight stays or daytime rest. It is prohibited to prepare food in the room using external energy sources and to wash or dry laundry in the room.
IV. Rescission of the customer (i. e. cancellation) and non-utilisation of the hotel's services
- The customer may only rescission from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if a statutory right of rescission exists or if the hotel expressly consents to the cancellation of the contract. The agreement of a right of rescission as well as the possible consent to a cancellation of the contract shall be made in text form in each case.
- If the hotel and the customer have agreed in writing on a date for rescission from the contract free of charge, the customer may rescission 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 rescission shall expire if he does not exercise his right of rescission in writing vis-à-vis the hotel by the agreed date.
- 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.
- 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 80% of the contractually agreed price for overnight accommodation with or without breakfast. The customer is free to prove that the above-mentioned claim did not arise or did not arise in the amount claimed.
V. Rescission of the hotel
- If the customer’s right to withdraw from the contract free of charge within a certain period of time has been agreed in writing, the hotel shall be entitled for its part to withdraw from the contract during this period if there are enquiries from other customers about the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel.
- 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.
- Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example in 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 information of essential facts, e.g. in the person of the customer or the purpose;
- 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
- The customer does not acquire any claim to the provision of specific rooms.
- 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.
- The rooms must be vacated and made available to the hotel no later than 11.00 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 use in excess of the contract until 6.00 p.m., and 100% from 6.00 p.m. onwards. 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.
- The hotel provides exclusively non-smoking rooms. Damage caused by smoking in the room during the guest’s stay will be charged additionally at a rate of at least one time 100% of the agreed overnight rate – at least, however, 100.00 EUR. The guest is entitled to prove that no damage or a reduction in value was caused by smoking in the room or that the damage or reduction in value is significantly lower than the flat rate. The proof of a lesser damage remains unaffected.
VII. Liability of the hotel
- The hotel shall be liable for its obligations under the contract with the due care 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 for 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. In 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.
- The hotel shall only be liable to the customer for items brought into the hotel if the customer has declared the relevant items, such as money, securities and valuables, before moving into the room and has them stored in the hotel safe. The hotel recommends making use of this option, as otherwise liability is excluded. Liability claims shall also expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). The foregoing shall apply mutatis mutandis to any further liability of the hotel.
- Insofar as a parking space is made available to the customer 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 and their contents, except in the case of intent or gross negligence. Paragraph 1, sentences 2 to 4 above shall apply accordingly.
- Wake-up calls shall be carried out by the hotel with the utmost care. Messages, mail and consignments of goods for guests shall be handled by the hotel with the greatest possible care. Storage and forwarding shall be undertaken against reimbursement of costs and upon express request. Liability for loss, delay or damage is excluded. Paragraph 1, sentences 2 to 4 above shall apply accordingly.
- Lost property will only be forwarded upon request. They shall be kept at the hotel for six months. After expiry of this period, items of apparent value will be handed over to the local lost property office.
VIII. Final clauses
- Amendments or supplements 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.
- The place of performance and payment shall be the registered office of the hotel.
- 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 prerequisite of Section 38 (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.
- 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.
- 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. In all other respects, the statutory provisions shall apply.
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