General Terms and Conditions for the Hotel Accommodation Contract
I. Scope
1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel for the customer.
2. The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB (German Civil Code) is waived if the customer is not a consumer.
3.
other than for accommodation purposes require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB (German Civil Code) is waived if the customer is not a consumer
.
3. The customer’s terms and conditions shall only apply if this has been expressly agreed in writing in advance
.
II. Conclusion of contract, contracting parties; limitation period
1. The contract is concluded upon acceptance of the customer’s request by the hotel.
The hotel is free to confirm the room reservation in writing.
2. The contracting parties are the hotel and the customer. If a third party has made the reservation on behalf of the customer,
they shall be jointly and severally liable to the hotel with the customer for all
obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration
from the third party.
3. All claims against the hotel shall generally expire one year after the start of the
regular limitation period of § 199 para. 1 BGB (German Civil Code). Claims for damages
shall expire after five years, regardless of knowledge. The limitation periods shall not apply
to claims based on an intentional or grossly negligent breach of duty
by the hotel.
III. Services, prices, payment, offsetting
1. The hotel is obliged to keep the rooms booked by the customer available and to provide the
agreed services.
2. The customer is obliged to pay the applicable or agreed prices of the hotel for the provision of the rooms and any other services used by him.
This also applies to services and expenses incurred by the hotel on behalf of the customer.
This also applies to services and expenses incurred by the hotel on behalf of the customer to third parties.
3.
The agreed prices include the applicable statutory value-added tax. If
the period between conclusion of the contract and fulfillment of the contract exceeds four months and
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%.
4. The prices may also be changed by the hotel if the customer subsequently
requests changes to the number of rooms booked, the hotel services or the length of stay
of the guests and the hotel agrees to this.
5. Hotel invoices without a due date are payable within 10 days of receipt of the
invoices are payable without deduction. The hotel is entitled to declare accrued claims due at any time
and demand immediate payment. In the event of default in payment, the
hotel is entitled to charge the applicable statutory default interest of currently 8%
or, in the case of legal transactions involving a consumer, 5% above
the base interest rate. The hotel reserves the right to prove higher damages
.
6. The hotel is entitled, upon conclusion of the contract or thereafter, taking into account the
legal provisions for package tours, to demand a reasonable advance payment or security deposit.
The amount of the advance payment and the payment dates
can be agreed in writing in the contract.
7. The customer may only offset or reduce a claim against a claim of the hotel with an undisputed or legally binding claim.
IV. Withdrawal by the customer (i.e. cancellation, cancellation) / non-utilisation of the hotel’s services
1. Withdrawal by the customer from the contract concluded with the hotel requires the written consent of the hotel.
If this is not given, the agreed price shall also be payable if the customer does not make use of the hotel’s services. This does not apply in the event of a breach of the hotel’s obligation to provide a room.
written consent of the hotel. If this is not given, the agreed price from
the contract shall also be payable if the customer does not make use of the contractual services.
This shall not apply in the event of a breach of the hotel’s obligation to take into account
the rights, legal interests, and interests of the customer, if the customer cannot be expected to adhere to
the contract or if any other legal or contractual
right of withdrawal.
2. If a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer,
the customer may withdraw from the contract until that date
without triggering any payment or compensation claims by the hotel. The customer’s right of withdrawal
expires if he does not exercise his right of withdrawal by the agreed date
in writing to the hotel by the agreed date, unless a case of withdrawal by the customer
as per clause 1 sentence 3 applies.
3. For rooms not used by the customer, the hotel shall charge the income
from renting the rooms elsewhere as well as the expenses saved.
4. The hotel is free to demand the contractually agreed remuneration and to deduct
a lump sum for saved expenses. In this case, the customer is obliged to
pay at least 95% of the contractually agreed price for accommodation with or without
breakfast.
The customer is free to prove that the above claim did not arise or did not arise in
the amount claimed.
V. Withdrawal by the hotel
1. If a free right of withdrawal by the customer within a certain period
has been agreed in writing, the hotel is entitled to withdraw from the contract during this period
if there are inquiries from other customers for the contractually booked
rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel
. If a free right of withdrawal for the customer within a certain period has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if other customers have made inquiries about the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel.
2. If an advance payment agreed upon or requested above in accordance with Clause III No. 6 is not made
even after a reasonable grace period set by the hotel has expired,
the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons,
for example if
• force majeure or other circumstances beyond the hotel’s control make it impossible to fulfill the
contract;
• rooms are booked under misleading or false statements of material facts, e.g., regarding the
person of the customer or the purpose of the booking;
• the hotel has reasonable grounds to believe that the use of the
hotel services may jeopardize the smooth operation, safety, or reputation of the
hotel in public, without this being attributable to the hotel’s sphere of control or organization
;
• there is a violation 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. Provision, handover, and return of rooms
1. The customer shall not be entitled to the provision of specific rooms.
2. Booked rooms shall be available to the customer from 3:00 p.m. on the agreed day of arrival.
The customer shall not be entitled to earlier provision.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12 noon at the latest.
After this time, the hotel may charge 50% of the full accommodation price (list price) for the use of the room until 6 p.m. due to the late vacating of the room.
Contractual claims of the customer shall not be justified by this. The customer is free to prove that the hotel has not incurred any or only minimal expenses due to the late vacating of the room.
(list price) for use of the room until 6:00 p.m., and 100% after 6:00 p.m. This does not justify any contractual claims
on the part of the customer. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.
VII. Liability of the hotel
1. The hotel is liable for its obligations under the contract with the diligence of a prudent businessman.
2. Liability for liability in the case of breach of duty
under the contract. Claims for damages by the customer are excluded. This
does not apply to damage resulting from injury to life, limb or health
if the hotel is responsible for the breach of duty, other damage
based on an intentional or grossly negligent breach of duty by the hotel and
damage resulting from an intentional or negligent breach of typical contractual obligations
obligations typical of the hotel. A breach of duty by the hotel is equivalent to that of a legal
representative or vicarious agent. Should disruptions or defects in the hotel’s services occur,
the hotel will endeavor to remedy them upon becoming aware of them or upon immediate notification by the
customer. The customer is obliged to contribute to remedying the situation to the extent that this is reasonable
to remedy the disruption and minimize any damage.
2. The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions,
i.e. up to one hundred times the room price, up to a maximum of €3,500, as well as for money,
securities, and valuables up to €800. Money, securities, and valuables can
up to a maximum value of € (insert hotel insurance sum) in the hotel or
room safe. The hotel recommends that guests make use of this option.
Liability claims shall lapse if the customer does not notify the hotel immediately upon becoming aware
of loss, destruction, or damage (Section 703 BGB). The above provisions in paragraphs 1, 2, and 3 shall apply mutatis mutandis to any further liability of the hotel.
(Section 703 BGB). For further liability of the hotel, the above number
1 sentences 2 to 4 apply accordingly.
3. If the customer is provided with a parking space in the hotel garage or on a hotel parking lot, even
for a fee, this does not constitute a safekeeping agreement.
The hotel is not liable for loss of or damage to motor vehicles parked or maneuvered on the hotel premises
and their contents, except in cases of intent
or gross negligence. The above number 1 sentences 2 to 4 apply accordingly.
4. Wake-up calls are carried out by the hotel with the utmost care.
Messages, mail, and goods sent to guests will be handled with care. The
hotel will deliver, store, and, upon request, forward such items for a fee.
The above number 1, sentences 2 to 4, apply accordingly.
VIII. Final provisions
1. Changes or additions to the contract, the acceptance of applications, or these terms and conditions
for hotel accommodation must be made in writing. Unilateral changes or
additions by the customer are invalid.
2. The place of performance and payment is the registered office of the hotel.
3. The exclusive place of jurisdiction – also for disputes relating to checks and bills of exchange – is the
registered office of the hotel in commercial transactions. If a contracting party does not meet the requirements of
of § 38 para. 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany,
the place of jurisdiction shall be the registered office of the hotel.
4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions is
excluded.
5. 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 shall not be affected. In all other respects, the statutory provisions shall apply.