General terms and conditions for the hotel accommodation contract

General terms and conditions for the hotel accommodation contract

1 SCOPE OF APPLICATION

1.1 These Terms and Conditions of Business apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services and supplies provided by the hotel to the customer in this connection (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: Accommodation, guest accommodation, hotel, hotel room contract.

1.2 Any subletting or re-letting of the rooms provided as well as their use for purposes other than lodging shall require the prior consent of the Hotel in text form, whereby § 540 para. 1 sentence 2 BGB (German Civil Code) shall be waived insofar as the Customer is not a consumer.

1.3 General terms and conditions of the customer shall only apply if this has been expressly agreed in advance.

2 CONCLUSION OF CONTRACT, PARTNERS, LIMITATION PERIOD

2.1 The contracting parties are the Hotel and the Customer. The contract is concluded when the hotel accepts the customer’s application. The Hotel is free to confirm the room reservation in text form.

2.2 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 statute-barred after five years, depending on 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 does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

3 SERVICES, PRICES, PAYMENT, OFFSET

3.1 The Hotel is obliged to keep the rooms booked by the Customer ready and to provide the agreed services.

3.2 The customer is obligated to pay the agreed or applicable prices of the Hotel for the room rental and any other services used by the customer. This shall also apply to services ordered by the customer directly or through the hotel, which are provided by third parties and are paid for by the hotel.

3.3 The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Not included are local charges which are owed by the guest himself according to the respective local law, such as tourist tax. In the event of a change in the statutory value-added tax or the introduction, amendment or abolition of local levies on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion of the contract and fulfilment of the contract exceeds four months.

3.4 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 other services provided by the Hotel.

3.5 Hotel invoices without a due date are payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. In the event of default in payment, the hotel is entitled to charge interest on arrears at the currently applicable statutory 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.

3.6 Upon conclusion of the contract, the Hotel is entitled to demand from the customer a reasonable advance payment or security deposit, for example in the form of a credit card guarantee. The amount of the advance payment and the dates of payment may be agreed in the contract in text form. The statutory provisions shall remain unaffected in the case of advance payments or security deposits for package tours.

3.7 In justified cases, e.g. arrears of payment by the customer or extension of the scope of the contract, the Hotel is entitled, even after conclusion of the contract and up to the beginning of the stay, to demand an advance payment or security deposit within the meaning of Clause 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.8 The Hotel is further 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 Section 3.6 above for existing and future claims arising from the contract, insofar as such has not already been made in accordance with Section 3.6 and/or Section 3.7 above.

3.9 The customer may only offset or set off an undisputed or legally valid claim against a claim of the hotel.

4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION) / NON-USE OF THE HOTEL’S SERVICES (NO SHOW)

4.1 The customer may only withdraw from the contract concluded with the Hotel if a right of withdrawal has been expressly agreed in the contract, if another legal right of withdrawal exists or if the Hotel expressly agrees to the cancellation of the contract. The agreement on a right of rescission and any consent to a cancellation of the contract shall be made in writing.

4.2 If the Hotel and the Customer have agreed on a date for free withdrawal from the contract, the Customer may withdraw from the contract until that date without incurring payment or damage compensation claims by the Hotel. The customer’s right of rescission expires if he does not exercise his right of rescission vis-à-vis the Hotel by the agreed date.

4.3 If a right of rescission has not been agreed or has already expired, there is also no statutory right of rescission or termination, and if the Hotel does not agree to a cancellation of the contract, the Hotel shall retain the right to the agreed remuneration despite not having made use of the service. The hotel shall offset the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented out to other parties, the hotel may make a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay at least 90 % of the contractually agreed price for overnight stay with or without breakfast as well as for all-inclusive arrangements with third-party services, 70 % for half-board and 60 % for full-board arrangements. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the required amount.

5 WITHDRAWAL OF THE HOTEL

5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his or her right to withdraw at the hotel’s request within a reasonable period of time.

5.2 If an advance payment or security deposit agreed upon or requested in accordance with Clause 3.6 and/or Clause 3.7 is not made even after a reasonable grace period set by the Hotel has expired, the Hotel shall also be entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if – force majeure or other circumstances beyond the hotel’s control make the fulfillment of the contract impossible; – rooms or premises are culpably booked under misleading or false information or withholding of essential facts; the identity of the customer, the customer’s solvency or the purpose of the stay may be material; – the hotel has reasonable cause to believe that the use of the service may jeopardize the smooth business operations, safety or public reputation of the hotel, without this being attributable to the hotel’s domination or control. the purpose or occasion of the stay is unlawful; – there is a violation of the above-mentioned Item 1.2.

5.4 The justified withdrawal of the hotel does not constitute a claim for damages by the customer.

6 ROOM PROVISION, HANDOVER AND RETURN

6.1 The customer does not acquire a claim to the provision of specific rooms, unless this has been expressly agreed.

6.2 Booked rooms are available to the customer from 15:00 hours on the agreed day of arrival. The customer has no claim to earlier availability.

6.3 On the agreed day of departure, the rooms shall be vacated and made available to the Hotel no later than 11:00 a.m. Thereafter, the Hotel may charge 50 % of the full accommodation price (list price) for use of the room in excess of the contractual period until 6:00 p.m. due to the delayed vacating of the room, and 90 % from 6:00 p.m. onwards. 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.

7 LIABILITY OF THE HOTEL

7.1 The Hotel shall be liable for any damages for which it is responsible arising from injury to life, body or health. Furthermore, the Hotel shall be liable for other damage caused by an intentional or grossly negligent breach of duty by the Hotel or by an intentional or negligent breach of typical contractual duties by the Hotel. A breach of duty on the part of the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this Item 7. Should disruptions or defects in the services of the hotel occur, the hotel will endeavor to remedy them as soon as it becomes aware of them or upon the customer’s immediate complaint. The customer is obligated to make all reasonable efforts to remedy the disruption and minimize any possible damage.

7.2 The Hotel shall be liable to the Customer for items brought in in accordance with the statutory provisions. The Hotel recommends the use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than EUR 800 or other items with a value of more than EUR 3,500, this requires a separate safekeeping agreement with the Hotel.

7.3 If the customer is provided with a parking space in the hotel garage or on the hotel parking lot, even against payment, this does not constitute a safekeeping contract. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and their contents, the hotel shall only be liable in accordance with the above clause 7.1, sentences 1 to 4.

7.4 Wake-up orders shall be carried out by the Hotel with the utmost care. Messages, mail and consignments of goods for guests shall be handled with care. The Hotel shall be responsible for the delivery, storage and – upon request – forwarding of such items for a fee. The Hotel shall only be liable in this respect in accordance with the above Clause 7.1, sentences 1 to 4.

8 Online dispute resolution

8.1 Platform for online dispute resolution of the European Commission:
http://ec.europa.eu/consumers/odr/

9 FINAL PROVISIONS

9.1 Amendments and supplements to the contract, the acceptance of applications or these General Terms and Conditions of Business shall be made in text form. Unilateral changes or additions by the customer are invalid.

9.2 Place of performance and payment as well as exclusive place of jurisdiction – also for disputes regarding cheques and bills of exchange – in commercial transactions is the Hotel’s registered office. Insofar as a contractual partner fulfills the requirements of § 38 paragraph 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.

9.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.

9.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects the statutory provisions shall apply.

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