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Scope of Applicability
- These Terms and Conditions of Business govern contracts for the rent of rooms for accommodation purposes, as well as all other goods and services rendered by the hotel for the customer.
- In order to sublet the rooms that have been rented, to use the hotel rooms for other purposes than for accommodation, the customer must obtain the prior written consent of the hotel.
- The customer’s general terms and conditions only apply if this is previously expressly agreed.
Conclusion of Contract, Parties, Liability, Statute of Limitations
- . The contract shall come into force upon the hotel’s acceptance of the customer’s application. At its discretion, the hotel may confirm the room reservation in writing.
- If a third party placed the order on behalf of the customer, then the aforementioned third party, together with the customer shall be liable as joint debtor vis-à-vis the hotel for all obligations arising from the hotel accommodation contract only if the hotel has an appropriate declaration to this effect from the third party.
- The hotel is liable for its contractual obligations. In the non typical field of service the liability is limited to intentional or grossly negligence.
- Any claims against the hotel shall be limited to six months.
- This limitation of liability and short period of limitation apply in favour of the hotel including the breach of obligation in terms of contract negotiations and positive breach of contract.
Services, Prices, Payment, Set-Off
- . The hotel is obliged to provide the rooms ordered by the customer and to supply the other agreed services.
- The customer is obliged to pay the applicable or agreed prices of the hotel for rooms provided and for other services supplied. This shall also apply to services and outlay to third parties which the hotel provides upon the customer’s express wish.
- The agreed prices include value-added tax (VAT). If the period between conclusion and fulfillment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, then the hotel may raise the contractually agreed price appropriately by a maximum of ten per cent.
- Moreover, the hotel may change prices if the customer later wishes to make changes to the number of rooms reserved, the hotel services to be provided, or the length of guests’ stay, subject to the hotel’s consenting to such changes.
- Unless otherwise agreed, the hotel’s invoices are payable and due in full within ten days of receipt. The hotel is entitled at any time to make accumulated accounts receivable due and to demand payment without undue delay. Upon default of payment, the hotel is entitled to demand the appropriate applicable statutory default interest (5 per cent above the prime interest). The customer is at liberty to prove lower damage. The hotel reserves the right to prove greater damage.
- The hotel is entitled to demand a reasonable advance payment or deposit as security upon conclusion of the contract or thereafter, providing the legal provisions for package tours are adhered to. The amount of the advance payment and payment dates may be included in writing in the contract.
- The customer may only set-off or reduce a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.
Repudiation by Customer (Cancellation, Annulment)
- Cancellation by the customer of the contract concluded with the hotel requires the hotel’s written consent. If consent is not given, then the price agreed in the contract must be paid even if the customer does not make use of the contractual services. This shall not apply with the breach of obligation or the impossibility of service by the hotel.
- To the extent that the hotel and the customer agreed in writing upon a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of cancellation shall expire if he does not exercise his cancellation right in writing vis-à-vis the hotel by the agreed date, insofar as no case pursuant to No. 1, sentence 3 supra exists.
- If rooms are not used by the customer, the hotel must give an appropriate credit for the income from renting the rooms to other parties and also for saved expenses.
- At their discretion the hotel may demand the contractually agreed compensation and make a flat rate deduction for saved expenses. In this case, the customer is obligated to pay 90 per cent of the contractually agreed rate for accommodation with or without breakfast, 70 per cent for accommodation with half-board, and 60 per cent for accommodation with fullboard packages. The customer is at liberty to show that the claim mentioned above was not incurred or not incurred to the amount demanded.
Cancellation by the hotel
Sofern ein Rücktrittsrecht des Kunden innerhalb einer bestimmten Frist schriftlich vereinbart wurde, ist das Hotel in diesem Zeitraum seinerseits berechtigt,
- To the extent that a right of gratis cancellation within a certain period is agreed in writing with the customer, the hotel is entitled for its part to cancel the contract during that period if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not waive his right of rescission upon inquiry thereof by the hotel.
- If an agreed advance payment or an advance payment demanded pursuant to Item III, No. 6 supra is not made even after a reasonable period of grace set by the hotel has expired, then the hotel is likewise entitled to cancel the contract.
- Moreover, the hotel is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause, e.g. if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
- rooms are reserved with misleading or false information regarding material facts, such as the identity of the customer or the purpose;
- the hotel has just cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organisation;
- there is a breach of the item I. No. 2 supra.
- . The hotel has to inform the customer immediately if exercising its liberty of cancellation.
- The customer can derive no right to compensation from justifiable cancellation by the hotel.
Room Availability, Delivery and Return
- The customer does not have the right to be provided with specific rooms.
- Reserved rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability.
- Rooms must be vacated and made available to the hotel no later than 11:00 a.m. on the agreed departure date. After that time, on the grounds of the delayed vacating of the room resulting in use exceeding the contractual time, the hotel may charge 50 per cent of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 100 per cent). The customer is at liberty to prove that the charge mentioned was not incurred or not incurred to the amount demanded.
Liability of the hotel
- The hotel is liable to exercise the duty of care of an ordinary merchant pursuant with the performance of its obligations arising from the contract. Claims of the customer for reimbursement of damages are precluded except for such that result from injury to life, body or health when the hotel is responsible for the breach of the obligation, furthermore other damage resulting from an intentional or grossly negligent breach of obligation by the hotel and damage resulting from an intentional or negligent breach of similar typical contractual obligations of the hotel. Should disruptions or defects in the performance of the hotel occur, the hotel shall, upon gaining knowledge thereof or upon objection from the customer, act to remedy such without undue delay. The customer is obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage at a minimum.
- The hotel is liable to the customer for property brought in to the hotel in accordance with the statutory provisions, i.e., up to one hundred times the room rate, not to exceed an amount of € 3,500 and for cash, securities and other valuables not exceeding an amount of € 800. Cash, securities and valuables up to a maximum value of € 2,500 may be stored in the hotel safe or in the room safe. The hotel recommends that guests make use of these possibilities. Liability claims expire unless the customer notifies the hotel immediately after gaining knowledge of the loss, destruction, or damage (§ 703 German Civil Code).
- With regard to more extensive liability of the hotel, legal requirements shall apply respectively.
- If the customer is provided with a parking space in the hotel garage or an open air hotel parking space, this does not constitute a safekeeping agreement, even if a fee is charged. The hotel has no monitoring obligation. The hotel assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property or in a parking space, nor the contents thereof, excepting cases of intent or gross negligence. This shall apply respectively for statutory representatives, assignees or employees.
- Wake-up calls are carried out by the hotel with the greatest possible diligence. Claims of the customer for reimbursement of damages are precluded except for damage resulting from an intentional or grossly negligent breach of obligation by the hotel
- Messages, mail, and merchandise deliveries for guests are handled with care. The hotel will deliver, hold, and for a fee forward such items (on request). Claims of the customer for reimbursement of damages are precluded except for damage resulting from an intentional or grossly negligent breach of obligation by the hotel
- Amendments and supplements to the contract, the acceptance of applications, or these General Terms and Conditions for Hotel Accommodation must be made in text format, otherwise, they are not valid. Unilateral amendments and supplements by the customer are not valid.
- Place of performance and payment is the location of the registered office of the respective hotel.
- In the event of dispute, including cheque disputes, the courts at the location of the registered office of the respective hotel shall – at the hotel’s choice – have exclusive jurisdiction. The same applies insofar as a contracting party fulfills the requirements of § 38 paragraph 2 of the German Code of Civil Procedure and does not have a legal domicile in Germany.
- The contract is governed by and shall be construed in accordance with the laws of the Federal Republic of Germany.
- Should individual provisions of these General Terms and Conditions for Hotel Accommodation Contracts be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. In this case, the parties will agree upon a new provision being as close as possible to the sense of the invalid one. Regarding any further means, statutory provisions shall apply.