General terms and conditions
- These Terms and Conditions of Business apply to contracts for the rental of hotel rooms for lodging purposes and all other services and supplies of the Hotel provided to the Customer in this connection (Hotel Accommodation Contract). The term "hotel accommodation agreement" includes and replaces the following terms: Accommodation, guest accommodation, hotel, hotel room contract.
- Subletting or subletting of the rooms made available and their use for purposes other than accommodation require the prior consent of the Hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the Customer is not a consumer.
- The Customer's General Terms and Conditions of Business shall only apply if this has been expressly agreed in writing in advance.
II. CONCLUSION OF CONTRACT, PARTNERS, LIMITATION PERIOD
- The contract shall come into effect upon acceptance of the Customer's application by the Hotel. The Hotel is free to confirm the room booking in text form.
- The contracting parties are the Hotel and the Customer. If a third party has placed an order on behalf of the Customer, the Customer shall be liable to the Hotel together with the Customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided the Hotel has a corresponding declaration by the third party.
- All claims against the Hotel shall in principle become statute-barred one year after the commencement of the statutory limitation period. Claims for damages shall become time-barred after five years, irrespective of knowledge, unless they are based on injury to life, body, health or freedom. These claims for damages shall become statute-barred after ten years, irrespective of knowledge. The shortening of the statute of limitations shall not apply to claims based on an intentional or grossly negligent breach of duty by the Hotel.
III. LEISTUNGEN, PREISE, ZAHLUNG, AUFRECHNUNGIII. SERVICES, PRICES, PAYMENT, SET-OFF
- The Hotel is obliged to keep the rooms booked by the Customer ready and to provide the agreed services.
- The Customer shall be obliged to pay the agreed or applicable Hotel prices for the provision of the rooms and the other services used by the Customer. This shall also apply to the Hotel's services and expenses to third parties arranged by the Customer. The agreed prices include the respective statutory value added tax.
- The Hotel may make its consent to a subsequent reduction in the number of rooms booked, the Hotel's services or the Customer's length of stay requested by the Customer conditional upon an increase in the price of the rooms and/or the Hotel's other services.
- Invoices of the Hotel without a due date shall be payable within 10 days of receipt of the invoice without deduction. The Hotel may at any time demand immediate payment of due accounts receivable from the Customer. In the event of default in payment, the Hotel shall be entitled to charge the respectively applicable statutory default interest at the current rate of 8% or, in the case of legal transactions involving a consumer, at 5% above the base rate.
- The Hotel reserves the right to prove higher damages.
Upon conclusion of the contract, the Hotel shall be entitled to demand from the Customer a reasonable advance payment or security in the form of a credit card guarantee, a deposit or similar. The amount of the advance payment and the dates of payment may be agreed in the contract in text form. In the case of advance payment or provision of security for package tours, the statutory provisions shall remain unaffected.
- In justified cases, e.g. arrears of payment by the Customer or extension of the scope of the contract, the Hotel shall be entitled, even after conclusion of the contract and up to the commencement of the stay, to demand an advance payment or provision of security within the meaning of the above No. 5 or an increase in the advance payment or provision of security agreed in the contract up to the full agreed remuneration.
- The Hotel shall further be entitled, at the beginning of and during the stay, to demand from the Customer a reasonable advance payment or security deposit within the meaning of No. 5 above for existing and future claims under the Contract, unless such payment or security deposit has already been made in accordance with No. 5 and/or 6 above.
- The Customer may only offset or set off an undisputed or legally valid claim against a claim of the Hotel.
IV. WITHDRAWAL OF THE CUSTOMER (CANCELLATION, RESCISSION) / NON-USE OF THE HOTEL'S SERVICES (NO SHOW)
- Any rescission by the customer of the contract concluded with the Hotel requires the Hotel's consent in text form. If such consent is not given, the agreed price under the contract shall be payable even if the customer does not make use of contractual services.
- Insofar as the Hotel and the Customer have agreed in writing on a date for free rescission of the contract, the Customer may rescind the contract up to that date without incurring payment or damage compensation claims by the Hotel. The customer's right of rescission shall expire if he does not exercise his right of rescission vis-à-vis the Hotel in text form by the agreed date.
- In the case of rooms not used by the Customer, the Hotel shall set off the income from renting such rooms to others and the expenses saved. If the rooms are not rented out to other parties, the Hotel may demand the contractually agreed remuneration and a flat-rate deduction for saved expenses incurred by the Hotel. In this case the Customer shall be obliged to pay at least 80% of the contractually agreed price for overnight stays. The Customer shall be free to prove that the aforementioned claim did not arise or did not arise in the amount demanded.
V. WITHDRAWAL OF THE HOTEL
- If it has been agreed in text form that the Customer may rescind the contract free of charge within a certain period, the Hotel shall be entitled to rescind the contract during this period if there are enquiries by other customers about the contractually booked rooms and the Customer does not waive his right of rescission upon inquiry by the Hotel.
- If an agreed advance payment or provision of security, or one requested in accordance with Clause III, Nos. 5 and/or 6 above, is not made even after a reasonable grace period set by the Hotel has expired, the Hotel shall likewise be entitled to rescind the contract.
- Furthermore, the Hotel shall be entitled to rescind the Contract for objectively justified reasons, for example if- Force majeure or other circumstances beyond the Hotel's control render performance of the Contract impossible;- rooms or premises culpably under misleading or false statements of facts essential to the Contract,
e.g. for the person of the customer or for the purpose of his stay;- the hotel has justified reason to believe that the use of the hotel services will
may jeopardise the smooth running of the business, the security or the public image of the hotel,
without this being attributable to the hotel's sphere of control or organisation;
- the purpose or occasion of the stay is unlawful;
- there is a violation of the above-mentioned clause I, point 2.
- In the event of justified cancellation by the Hotel, the Customer shall have no claim to damages.
VI. ZIMMERBEREITSTELLUNG, -ÜBERGABE UND -RÜCKGABE, HAUSTIERE AUF DEN ZIMMERN
- The customer does not acquire any claim to the provision of specific rooms unless this has been expressly agreed in writing.
- Booked rooms are available to the customer from 14.00 hours on the agreed day of arrival. The customer has no claim to earlier availability.
- On the agreed day of departure, the rooms shall be made available to the Hotel no later than 10.00 a.m., vacated. After that time, the Hotel may charge 50% of the full accommodation price (list price) for use of the room in excess of the Contract until 6:00 p.m. due to the late vacating of the room, and 100% after 6:00 p.m. Contractual claims of the Customer shall not be justified by this. The Customer shall be free to prove that the Hotel has no or a significantly lower claim to a usage fee.
- Pets are not allowed in the rooms.
VII. LIABILITY OF THE HOTEL
- The Hotel shall be liable for its obligations under the contract. Claims by 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 of the contract by the Hotel. A breach of duty by the Hotel shall be deemed equivalent to a breach of duty by a legal representative or vicarious agent. Should disruptions or defects in the Hotel's services occur, the Hotel shall endeavor to remedy such upon knowledge thereof or upon prompt notification of such by the Customer. The Customer is obligated to make all reasonable efforts to remedy the disruption and minimize any possible damage.
- The Hotel shall be liable to the Customer for items brought in in accordance with the statutory provisions. Accordingly, liability shall be limited to one hundred times the room rate, but to a maximum of EUR 3,500.00 and, by way of derogation, for money, securities and valuables to a maximum of EUR 800.00. Money, securities and valuables may be kept in the hotel or room safe up to a maximum value of € (use the insured sum of the Hotel). The Hotel recommends making use of this option.
- Insofar as the Customer is provided with a parking space in the Hotel garage or a Hotel car park, even against payment, this shall not constitute a safekeeping agreement. The Hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the Hotel's property or their contents, except in cases of intent or gross negligence. The provisions of the above No. 1, sentences 2 to 4 shall apply accordingly to the exclusion of the Customer's claims for damages.
- The Hotel cannot accept wake-up orders. Messages, mail and consignments of goods for guests shall be handled with care. The Hotel shall take over the delivery, storage and - upon request and against payment - forwarding of such items. The provisions of the above No. 1, sentences 2 to 4 shall apply accordingly to the exclusion of the Customer's claims for damages.
VIII. FINAL PROVISIONS
- Amendments and supplements to the contract, the acceptance of applications or these General Terms and Conditions of Business should be made in text form. Unilateral amendments or additions by the customer are invalid.
- Place of performance and payment shall be the location of the Hotel.
- Exclusive place of jurisdiction - also for disputes over cheques and bills of exchange - in commercial transactions is the Hotel's registered office under company law. Insofar as a contractual partner meets the requirements of § 38 Para. 2 ZPO (Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the Hotel's registered office under company law.
Status: October 2013
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