- These terms and conditions apply to hotel accommodation contracts as well as all other services and deliveries provided by the hotel for the guest.
- Deviating provisions, also insofar as they are contained in general terms and conditions of the guest or the customer, shall not apply unless they are expressly recognized in writing by the hotel.
II. conclusion of the contract, -partners
- Upon a booking request of the guest, a hotel accommodation contract (hereinafter referred to as “contract”) is concluded with the corresponding booking confirmation of the hotel.
- Contractual partners are the hotel and the guest. If a third party makes the booking for the guest, he is liable to the hotel as the orderer together with the guest as joint and several debtors for all obligations arising from the contract, provided that the hotel has a corresponding declaration from the orderer. Irrespective of this, each orderer is obliged to pass on all booking-relevant information, in particular these General Terms and Conditions, to the guest.
- The subletting and reletting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel.
III. Services, Prices, Payment, Offsetting
- The hotel is obligated to hold the rooms booked by the guest ready in accordance with these General Terms and Conditions and to provide the agreed services.
- The guest is obligated to pay the prices of the hotel applicable or agreed upon for the provision of the room and the other services used by the guest. This also applies to services and expenses of the hotel to third parties arranged by the guest or the customer. The agreed prices include the respective statutory value added tax.
- The hotel may make its consent to a reduction requested by the guest after the conclusion of the contract in the number of rooms booked, the hotel’s services or the guest’s length of stay conditional on an increase in the price for the rooms and/or for the hotel’s other services.
- Invoices of the hotel are due for payment immediately upon receipt without deduction. The hotel may demand immediate payment of due receivables from the guest at any time. The guest is in default at the latest if he does not make payment within 30 days after the due date and receipt of an invoice; this applies to a guest who is a consumer only if these consequences have been specifically pointed out in the invoice. In the event of late payment, the hotel is entitled to charge consumers interest on arrears at a rate of 5 percentage points above the prime rate. In business transactions, the default interest rate is 9 percentage points above the prime rate. The hotel reserves the right to claim higher damages. The hotel may charge a reminder fee of EUR 5.00 for each reminder after the default has occurred.
- The hotel is entitled to demand a reasonable advance payment or security deposit from the guest upon conclusion of the contract in the form of a credit card guarantee, a down payment or similar. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
- In justified cases, e.g. payment arrears on the part of the guest or extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract until the start of the stay, to demand an advance payment or provision of security within the meaning of the above paragraph. 5 or to demand an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
- Furthermore, the hotel is entitled to request a reasonable advance payment or security deposit from the guest at the beginning of and during the stay in accordance with the above paragraph. 5 for existing and future claims arising from the contract, insofar as such a claim has not already been made in accordance with the foregoing para. 5 and/or par. 6 was performed.
- The guest may only offset an undisputed or legally established claim against a claim of the hotel.
IV. Withdrawal of the guest, cancellation
- The hotel grants the guest the right to withdraw at any time. The following provisions apply: a) A free cancellation is possible until 3 weeks before arrival. If the guest falls below this deadline, the hotel is entitled to reasonable compensation. b) The hotel has the option to claim damages from the guest in the form of a compensation lump sum instead of a concretely calculated compensation. The compensation lump sum amounts to 90% of the contractually agreed price for overnight stays with or without breakfast. The guest is free to prove that the hotel has not suffered any damage or that the damage suffered by the hotel is lower than the requested compensation lump sum. c) If the hotel calculates the compensation specifically, the amount of compensation is max. the amount of the contractually agreed price for the service to be provided by the hotel less the value of the expenses saved by the hotel as well as what the hotel acquires through other uses of the hotel services.
- The above provisions on compensation apply accordingly if the guest does not make use of the booked room or services without notifying the hotel in good time.
- If the hotel has granted the guest an option in the contract to withdraw from the contract within a certain period of time without further legal consequences, the hotel is not entitled to compensation. Decisive for the timeliness of the declaration of withdrawal is its receipt by the hotel. The guest must declare the withdrawal in writing.
V. Withdrawal of the hotel
- Insofar as the guest has a right of withdrawal free of charge in accordance with section IV para. 3, the hotel is also entitled to withdraw from the contract within the agreed period if there are requests from other guests for the booked rooms and the guest, upon inquiry by the hotel, does not waive his right to withdraw free of charge pursuant to Item IV, Paragraph 3.
- If an agreed or above pursuant to Clause III para. 5 and/or 6 requested advance payment or security deposit is not made even after expiration of a grace period set by the hotel, the hotel is also entitled to withdraw from the contract.
- Furthermore, the hotel is entitled to withdraw from the contract, in particular if
– force majeure or other circumstances beyond the control of the hotel make it impossible to fulfill the contract;
– rooms are booked under misleading or false statements of material facts, e.g. concerning the person of the guest or the purpose;
– the hotel has reasonable grounds to believe that the use of the hotel service may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
– unauthorized subletting or subletting in accordance with Clause II Para. 3 is present;
– a case of item VI par. 3 is present;
– the hotel becomes aware of circumstances that the financial circumstances of the guest have deteriorated significantly after conclusion of the contract, in particular if the guest does not settle due claims of the hotel or does not provide sufficient security and therefore payment claims of the hotel appear to be at risk;
– the guest has filed an application for the opening of insolvency proceedings against his/her assets, has submitted an affidavit in accordance with § 807 of the German Code of Civil Procedure (Zivilprozessordnung), has initiated out-of-court proceedings to settle debts, or has stopped making payments;
– insolvency proceedings are opened against the Guest’s assets or the opening of such proceedings is rejected for lack of assets.
- The hotel shall immediately notify the guest in writing of the exercise of the right of withdrawal.
- In the aforementioned cases of withdrawal, the guest is not entitled to compensation.
VI. arrival and departure
- The guest does not acquire the right to the provision of specific rooms, unless the hotel has confirmed the provision of specific rooms in writing.
- Booked rooms are available to the guest from 15:00 on the agreed day of arrival. The guest has no right to earlier provision.
- On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, the hotel may charge the daily room rate for the additional use of the room until 6:00 p.m., and 100% of the full valid room rate after 4:00 p.m., in addition to any damages incurred by the hotel as a result. The guest is at liberty to prove to the hotel that the hotel has not incurred any damage or that the damage is significantly lower.
VII Liability of the Hotel, Limitation
- In the event of disruptions or deficiencies in the hotel’s services, the hotel will endeavor to remedy the situation upon the guest’s immediate complaint. If the guest culpably fails to notify the hotel of a defect, a claim for reduction of the contractually agreed remuneration shall not arise.
- The hotel is liable in accordance with the statutory provisions for all damages arising from injury to life, limb and health, as well as in the event of the assumption of a guarantee on the part of the hotel and in the event of fraudulently concealed defects.
- For all other damages not covered by section VII para. 2 and which are caused by slightly negligent conduct of the hotel, its legal representatives or its vicarious agents, the hotel shall only be liable if such damage is due to the breach of a material contractual obligation or a cardinal obligation in a manner endangering the purpose of the contract. In these cases, liability shall be limited to the foreseeable damage typical for the contract.
- The above limitations of liability shall apply to all claims for damages, regardless of their legal basis, including claims in tort. The above limitations and exclusions of liability shall also apply in cases of any claims for damages by a guest against employees or vicarious agents of the hotel. They shall not apply in cases of liability for a defect following the assumption of a guarantee for the quality of an item or a work, in the case of fraudulently concealed defects or in the case of personal injury.
- The hotel shall be liable to the guest for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the accommodation price, but not more than EUR 3,500.00. For valuables (cash, jewelry, etc.) this liability is limited to EUR 800.00. The hotel recommends making use of the possibility of storage in the central hotel safe.
- Insofar as a parking space is made available to the guest in a hotel parking lot, even for a fee, this does not constitute a custody agreement. There is no monitoring obligation of the hotel. In the event of loss or damage to motor vehicles parked or maneuvered in the hotel parking lot and their contents, the hotel shall not be liable unless the hotel, its legal representatives or its vicarious agents are responsible for intent or gross negligence. In this case, the damage must be claimed against the hotel at the latest when leaving the hotel parking lot.
- Messages, mail and merchandise shipments for guests are handled with care. The hotel takes over the delivery, storage and – on request – against payment the forwarding of the same as well as on request also for lost property. Claims for damages, except for gross negligence or intent, are excluded. The hotel is entitled to hand over the aforementioned items to the local lost and found office after a storage period of one month at the latest, charging a reasonable fee.
- The legal regulations apply to claims for damages by the guest.
VIII Final Provisions
- Changes or amendments to the contract, the acceptance of the application or these General Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral changes or additions by the guest are invalid. In order to comply with the written form requirements stipulated in these General Terms and Conditions, the submission of the corresponding declaration by fax or e-mail shall also be sufficient.
- The place of performance and payment is the registered office of the hotel.
- The place of jurisdiction – if the contractual partner of the hotel is a merchant or a legal entity under public law – is the registered office of the hotel. If the contractual partner of the hotel has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel. However, the hotel is entitled to bring actions and other legal proceedings also at the general place of jurisdiction of the guest.
- The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
- 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.