I. SCOPE OF APPLICATION
1. These terms and conditions are valid for agreements on the rental use of hotel rooms for the cause of accommodation as well as all additional services rendered to the customer in this context and all supplies from the hotel (hotel accommodation contract). The term “hotel accommodation contract” includes and substitutes the following terms: lodging contract, hosting contract, hotel contract, hotel room contract.
2. The sub- or reletting of the rooms as well as their utilization for other purposes than those of accommodation require the prior consent of the hotel in writing, whereby § 5401 section 1 s 2 BGB (German Civil Code) is waived, provided that the customer is not the user.
3. The general terms and conditions of the customer only apply when they have been previously and expressly agreed on in writing.
II. COMPLETION OF CONTRACT, CONTRACTUAL PARTNERS, LIMITATION PERIOD
1. The contract shall be deemed to be effective on the acceptance of the customer’s request by the hotel. It is within the discretion of the hotel to confirm the booking of a room in writing.
2. The contractual partners are the hotel and the customer. If a third party has booked on behalf of the customer, he or she is together with the customer liable to the hotel as a joint debtor for all obligations arising out of the hotel accommodation contract, provided that the hotel has received a corresponding declaration of the third party.
3. All claims against the hotel shall in principle become time-barred within one year as of the start of the statutory limitation period. Damage claims, whether they are brought to attention or not; become time-barred after five years, provided they are not based on a violation of life, body, health or freedom. These claims become time-barred after ten years, regardless of whether they are brought to attention or not. The reductions of the statute of limitation are not applicable in the case of deliberate or reckless violation of an obligation by the hotel.
III. SERVICES, PRICING, PAYMENT, OFFSET
1. The hotel is obliged to hold ready the rooms booked by the customer and to render the services agreed on.
2. The customer is obliged to pay the prices agreed on, respectively the current prices for the rental of rooms and further services employed. This also applies with respect to those services and expenses of the hotel that were arranged by the customer for the benefit of a third party. The prices agreed on include the respective statutory VAT (value added tax).
3. The hotel can make its consent to a customer’s subsequent request for a reduction of the number of booked rooms, the services of the hotel or the duration of stay dependent on the condition that there is an increase in price for the room and/or other services of the hotel.
4. Hotel bills without a due date have to be paid without any deductions within 10 days from receipt of the bill. The hotel may at any time demand from the customer the immediate payment of outstanding debts that become due. In the event of a default in payment the hotel is entitled to demand the applicable statutory default interest that currently amounts to 8% or, for transactions in which one customer is involved, 5% above the base lending rate. The proof of a higher damage remains at the discretion of the hotel.
5. The hotel is entitled to demand from the customer at the time of completion of the contract an adequate advance payment in the form of a credit card guarantee, a down payment or the like. The amount of the down payment and the payment date may be agreed upon in the contract in writing. In the case of advance payments or provision of securities package holidays the legal provisions stay unaffected.
6. Where justified, for example, if the customer is in arrears with payment or if the scope of the contract is expanded, the hotel is entitled, even after the conclusion of the contract up to the beginning of the stay, to demand a prepayment or a security deposit in accordance with number 5 above or an increase of those prepayments agreed to in the contract or security payments up to the payment of the full amount that has been agreed upon.
7. Furthermore, the hotel is entitled to demand, at the beginning or at the time of the customer’s stay, an appropriate down payment or security payments in accordance with number 5 above, in so far as such payments have not already been made according to numbers 5 and/or 6 above.
8. The customer can only charge against or reckon upon a claim of the hotel, if he is in the possession of an indisputable or legally valid claim.
IV. WITHDRAWAL OF THE CUSTOMER (CANCELLATION / NON-UTILIZATION OF THE SERVICES OF THE HOTEL (NO SHOW))
1. If the customer wants to withdraw from the concluded contract with the hotel, he needs the hotel’s consent in writing. If this is not given, the price agreed upon in the contract has to be paid, even in the case that the customer does not make use of any contractual service.
2. As far as a fixed date for a cost-free withdrawal was arranged between the hotel and the customer, the customer can up to that time withdraw from the contract without provoking a pecuniary claim or damage claim by the hotel. The customer’s right to withdrawal expires, if he does not exercise the right to withdrawal in writing against the hotel until the appointed time.
3. If a customer does not make use of the booked rooms, the hotel has to deduct the proceeds from renting out the room to others, as well as the expenditures it has saved. In the case that the rooms are not rented out otherwise, the hotel can demand the payment agreed upon under the contract and make a flat-rate reduction for saved expenses (of the hotel). In this instance the customer has to pay at least 90 % of the price agreed on for the overnight stay including or excluding breakfast, 70 % in the case of half-board arrangements and 60% in the case of full- board arrangements. It is within the customer’s discretion to prove that the demanded claim did not arise or did not arise in the amount claimed.
V. WITHDRAWAL OF THE HOTEL
1. Provided it has been contractually agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel is entitled for its part to withdraw from the contract, when there are requests from other customers regarding the contractually reserved rooms and the customer does not waive his right of withdrawal at the request of the hotel.
2. If a prepayment that has been agreed upon, stipulated prepayment or a provision of security in accordance with III/5 and/or 6 above is not made, even after the expiration of a reasonable deadline set by the hotel, 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 instance, when
- force majeure or other circumstances outside the responsibility of the hotel make it impossible to fulfil the contract.
- rooms were booked negligently stating misleading or false facts essential to the contract, for instance, those facts referring to the customer as a person or to the purpose of his stay.
- the hotel has reasonable cause to assume that the utilization of the hotel's services may endanger smooth business operations, security or the public reputation of the hotel, all of which cannot be attributed to the territory or the organizational range of the hotel.
- the purpose of or the reason for the stay is illegal.
- there is a violation of I /2 of the contract.
4. No claim for damages arises for the customer in case of a legitimate withdrawal by the hotel.
VI. PROVISON, TAKING POSSESSION AND RETURN OF THE ROOMS
1. The customer does not acquire a claim to the provision of particular rooms if this is not explicitly agreed in writing.
2. Booked rooms are available to the customer as of 3pm of the day of arrival agreed upon. The customer has no claim for earlier availability.
3. On the agreed day of departure, the vacated rooms are to be made available to the hotel until 10am at the latest. After this time the hotel may, owing to the delayed vacation of the room, charge 50%, until 6 pm, as from 6pm 100% of the full lodging price (list price) because the room was utilized longer than contractually agreed. This does not create any contractual claims of the customer. The customer is free to prove that the hotel has no or only a substantially lower claim to a user fee.
VII. LIABILITY OF THE HOTEL
1. The hotel is liable for its obligations from the contract. Any claims for damages of the customer are excluded. Exempt from this are damages due to a violation of life, body or health, if the breach of duty is attributable to the hotel, other damages that have been caused wilfully or by gross negligence on part of the hotel and damages that have been caused wilfully or by gross negligence in relation to a contractual duty on the part of the hotel. A breach of duty by the hotel shall be considered equal to that of a legal representative or a vicarious agent. Should disruptions or defects in the performance of the hotel occur, the hotel will act to remedy such upon its knowledge of the disruptions or defects concerned or upon complaint lodged without delay by the customer. The customer is obliged to contribute to a reasonable degree to amend the disruption and to minimise the possible damage.
2. The hotel is liable for objects brought in by the customer according to the legal provisions. Accordingly, the liability is limited to a hundredfold of the room price up to a maximum of € 3,500 and, different from that, up to a maximum of € 800 for money, securities and valuables. Money, securities and valuables with a maximum value of (€ please enter insurance sum of the hotel) may be stored in the hotel or room safe. The hotel recommends making use of this facility.
3. Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, even if he paid for their utilization, this does not constitute a safekeeping contract. The hotel assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel's property or for their contents, except in the case of deliberate or gross negligence. For an exclusion of claims of damages by the customer the regulations of number 1 sentences 2 to 4 apply accordingly.
4. Wake-up services are performed by the hotel with the greatest care. Messages, mail, and merchandise deliveries for guests are handled with care. The hotel takes care of delivery, safekeeping and, upon request, forwarding against a surcharge. For an exclusion of claims of damages by the customer the regulations of number 1 sentences 2 to 4 apply accordingly.
VIII. FINAL PROVISIONS
1. Changes and amendments to the contract, the application acceptance or these general terms and conditions have to be made in writing. Unilateral changes and amendments by the customer are invalid.
2. Place of fulfilment and payment is the site of the hotel.
3. The exclusive place of venue - even concerning cheque and exchange disputes - in business dealings is the commercial residence of the hotel. Provided that a contractual partner fulfils the requirements of § 38 section 2 ZPO (Code of Civil Procedure) and that there is no place of general jurisdiction inland, the place of venue shall be the commercial residence of the hotel.
4. German law shall apply. An application of the United Nations Convention on Contracts for the International Sale of Goods and the Conflict of Laws provisions is excluded.
5. If individual provisions of these general terms and conditions are or become invalid, the validity of the remaining provisions of these terms shall not be affected. In all other respects statutory provisions shall apply.n.