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GENERAL TERMS AND CONDITIONS

I. Scope of application

These terms and conditions apply to contracts for the rental of hotel rooms for lodging, as well as all other services and deliveries provided by the hotel to the customer.
The subletting or subletting 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 is waived unless the customer is 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, contract partner; statute of limitations

1) The contract shall come into effect upon acceptance of the customer’s application by the hotel. The hotel is free to confirm the room reservation in writing.
The Hotel and the Customer shall be the contractual partners. If a third party has ordered for the customer, it 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 received a corresponding declaration from the third party.
3. all claims against the hotel shall become statute-barred one year after the commencement of the knowledge-dependent, regular limitation period of § 199 para. 1 BGB (German Civil Code). Claims for damages shall become statute-barred after five years irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

 

III. services, prices, payment, offsetting

The hotel shall be obliged to keep the rooms booked by the customer available and to render the agreed services.
2. the customer shall be obliged to pay the hotel’s applicable or agreed prices for the provision of rooms and other services used. This shall also apply to services and expenses of the hotel to third parties arranged by the customer.
The agreed prices include the respective statutory value added tax. If the period between conclusion of the contract and fulfilment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately, but by no more than 5%.
4. the prices may also be changed by the hotel if the customer subsequently requests changes in the number of rooms booked, the hotel’s services or the length of stay of the guests and the hotel consents thereto.
5. invoices of the hotel without due date shall be payable without deduction within 10 days of receipt of the invoice. The hotel shall be entitled to call in accrued receivables at any time and to demand immediate payment. In the event of default in payment, the hotel shall be entitled to demand the applicable statutory default interest at the current rate of 8% or, in the case of legal transactions in which a consumer is involved, at 5% above the base rate. The hotel reserves the right to prove higher damages.
6 The hotel shall be entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
The customer may only set off or reduce a claim of the hotel against an undisputed or legally enforceable claim.

 

IV. Cancellation by the customer (i.e. cancellation) / non-use of the services of the hotel

1. any withdrawal of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this is not done, the agreed price from the contract shall be paid even if the customer does not make use of contractual services. This shall not apply if the hotel violates its obligation to take into account the rights, legal interests and interests of the customer if it can no longer reasonably be expected to adhere to the contract as a result or if it has any other legal or contractual right to withdraw from the contract.
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 then without triggering any claims for payment or damages on the part of the hotel. The customer’s right of rescission shall lapse if he does not exercise his right of rescission in writing vis-à-vis the hotel by the agreed date, unless there is a case of rescission on the part of the customer in accordance with No. 1 sentence 3.
3. in the case of rooms not used by the customer, the hotel shall set off the income from renting the rooms to another party and the expenses saved.
4. the hotel shall be 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 90% of the contractually agreed price for accommodation with or without breakfast, 70% for half board and 60% for full board arrangements. The customer is free to prove that the above-mentioned claim did not arise or did not arise in the required amount.

V. Cancellation by the hotel

If the customer’s right to withdraw free of charge within a certain period has been agreed in writing, the hotel shall be entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer does not waive his right to withdraw upon the hotel’s request.
If an agreed advance payment or an advance payment requested pursuant to Clause III No. 6 above 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.
3. furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if –
– force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible;
– rooms are booked under misleading or false statements of essential facts, e.g. in the person of the customer or the purpose;
– the hotel has good reason to believe that the use of the hotel’s services may jeopardize the smooth running 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;
– a violation of clause I No. 2 above has occurred. In the event of justified withdrawal by the hotel, the customer shall not be entitled to claim damages.
VI. room provision, handover and return

1 The customer does not acquire any claim to the provision of certain rooms.
2. booked rooms are available to the customer from 15.00 hrs on the agreed arrival day. The customer is not entitled to earlier availability.
3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10.00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full lodging price (list price) until 6 p.m. due to the delayed vacating of the room for its use in excess of the contract, and 100% from 6 p.m. onwards. This shall not constitute any contractual claims on the part of the customer. The customer shall be at liberty to prove that the hotel has no or a substantially lower claim to usage fees.

 

VII Liability of the Hotel

The hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims for damages by the customer are excluded. Excluded from this are damages from injury to life, body or health if the hotel is responsible for the breach of duty, other damages which are based on an intentional or grossly negligent breach of duty by the hotel and damages which are based on an intentional or negligent breach of contract typical duties of the hotel. A breach of duty on the part of the hotel shall be equivalent to a breach of duty on the part of a legal representative or vicarious agent. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavour to remedy the situation if it becomes aware of such disruptions or defects or if the customer complains immediately. The customer shall be obliged to make all reasonable efforts to remedy the disruption and keep any possible damage to a minimum.
The hotel shall be liable to the customer in accordance with the statutory provisions for items brought into the hotel, i.e. up to one hundred times the room rate, up to a maximum of € 3,500, and for money, securities and valuables up to € 800.
If a parking space is made available to the customer on the hotel parking lot, even for a fee, this shall not constitute a custody agreement. The hotel shall not be liable for the loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, except in cases of intent or gross negligence. The above number 1 sentences 2 to 4 shall apply mutatis mutandis.
Wake-up orders shall be executed by the hotel with the greatest care. Messages, mail and consignments of goods for the guests shall be handled with care. The hotel shall be responsible for delivery, storage and – upon request – forwarding of the same for a fee. The above number 1 sentences 2 to 4 shall apply mutatis mutandis.

 

VIII. final provisions

1. changes or amendments to the contract, the acceptance of the application or these terms and conditions for hotel accommodation shall be made in writing. Unilateral changes or additions by the customer are ineffective.
The place of performance and payment shall be the registered office of the hotel.
3 Exclusive place of jurisdiction – also for disputes over cheques and bills of exchange – in commercial transactions shall be the registered office of the hotel. If a contractual partner fulfils the requirements of § 38 para. 2 ZPO 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 the conflict of laws provisions is excluded.
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. Otherwise, the statutory provisions shall apply.

GENERAL TERMS AND CONDITIONS

GENERAL

TERMS AND 

CONDITIONS

I. Scope of application

These terms and conditions apply to contracts for the rental of hotel rooms for lodging, as well as all other services and deliveries provided by the hotel to the customer.
The subletting or subletting 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 is waived unless the customer is 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, contract partner; statute of limitations

1) The contract shall come into effect upon acceptance of the customer’s application by the hotel. The hotel is free to confirm the room reservation in writing.
The Hotel and the Customer shall be the contractual partners. If a third party has ordered for the customer, it 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 received a corresponding declaration from the third party.
3. all claims against the hotel shall become statute-barred one year after the commencement of the knowledge-dependent, regular limitation period of § 199 para. 1 BGB (German Civil Code). Claims for damages shall become statute-barred after five years irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

 

III. services, prices, payment, offsetting

The hotel shall be obliged to keep the rooms booked by the customer available and to render the agreed services.
2. the customer shall be obliged to pay the hotel’s applicable or agreed prices for the provision of rooms and other services used. This shall also apply to services and expenses of the hotel to third parties arranged by the customer.
The agreed prices include the respective statutory value added tax. If the period between conclusion of the contract and fulfilment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately, but by no more than 5%.
4. the prices may also be changed by the hotel if the customer subsequently requests changes in the number of rooms booked, the hotel’s services or the length of stay of the guests and the hotel consents thereto.
5. invoices of the hotel without due date shall be payable without deduction within 10 days of receipt of the invoice. The hotel shall be entitled to call in accrued receivables at any time and to demand immediate payment. In the event of default in payment, the hotel shall be entitled to demand the applicable statutory default interest at the current rate of 8% or, in the case of legal transactions in which a consumer is involved, at 5% above the base rate. The hotel reserves the right to prove higher damages.
6 The hotel shall be entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
The customer may only set off or reduce a claim of the hotel against an undisputed or legally enforceable claim.

 

IV. Cancellation by the customer (i.e. cancellation) / non-use of the services of the hotel

1. any withdrawal of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this is not done, the agreed price from the contract shall be paid even if the customer does not make use of contractual services. This shall not apply if the hotel violates its obligation to take into account the rights, legal interests and interests of the customer if it can no longer reasonably be expected to adhere to the contract as a result or if it has any other legal or contractual right to withdraw from the contract.
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 then without triggering any claims for payment or damages on the part of the hotel. The customer’s right of rescission shall lapse if he does not exercise his right of rescission in writing vis-à-vis the hotel by the agreed date, unless there is a case of rescission on the part of the customer in accordance with No. 1 sentence 3.
3. in the case of rooms not used by the customer, the hotel shall set off the income from renting the rooms to another party and the expenses saved.
4. the hotel shall be 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 90% of the contractually agreed price for accommodation with or without breakfast, 70% for half board and 60% for full board arrangements. The customer is free to prove that the above-mentioned claim did not arise or did not arise in the required amount.

V. Cancellation by the hotel

If the customer’s right to withdraw free of charge within a certain period has been agreed in writing, the hotel shall be entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer does not waive his right to withdraw upon the hotel’s request.
If an agreed advance payment or an advance payment requested pursuant to Clause III No. 6 above 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.
3. furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if
-•
o force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible;
o rooms are booked under misleading or false statements of essential facts, e.g. in the person of the customer or the purpose;
o the hotel has good reason to believe that the use of the hotel’s services may jeopardize the smooth running 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;
o a violation of clause I No. 2 above has occurred. In the event of justified withdrawal by the hotel, the customer shall not be entitled to claim damages.

VI. room provision, handover and return

1 The customer does not acquire any claim to the provision of certain rooms.
2. booked rooms are available to the customer from 15.00 hrs on the agreed arrival day. The customer is not entitled to earlier availability.
3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10.00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full lodging price (list price) until 6 p.m. due to the delayed vacating of the room for its use in excess of the contract, and 100% from 6 p.m. onwards. This shall not constitute any contractual claims on the part of the customer. The customer shall be at liberty to prove that the hotel has no or a substantially lower claim to usage fees.

 

VII Liability of the Hotel

The hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims for damages by the customer are excluded. Excluded from this are damages from injury to life, body or health if the hotel is responsible for the breach of duty, other damages which are based on an intentional or grossly negligent breach of duty by the hotel and damages which are based on an intentional or negligent breach of contract typical duties of the hotel. A breach of duty on the part of the hotel shall be equivalent to a breach of duty on the part of a legal representative or vicarious agent. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavour to remedy the situation if it becomes aware of such disruptions or defects or if the customer complains immediately. The customer shall be obliged to make all reasonable efforts to remedy the disruption and keep any possible damage to a minimum.
The hotel shall be liable to the customer in accordance with the statutory provisions for items brought into the hotel, i.e. up to one hundred times the room rate, up to a maximum of € 3,500, and for money, securities and valuables up to € 800.
If a parking space is made available to the customer on the hotel parking lot, even for a fee, this shall not constitute a custody agreement. The hotel shall not be liable for the loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, except in cases of intent or gross negligence. The above number 1 sentences 2 to 4 shall apply mutatis mutandis.
Wake-up orders shall be executed by the hotel with the greatest care. Messages, mail and consignments of goods for the guests shall be handled with care. The hotel shall be responsible for delivery, storage and – upon request – forwarding of the same for a fee. The above number 1 sentences 2 to 4 shall apply mutatis mutandis.

 

VIII. final provisions

1. changes or amendments to the contract, the acceptance of the application or these terms and conditions for hotel accommodation shall be made in writing. Unilateral changes or additions by the customer are ineffective.
The place of performance and payment shall be the registered office of the hotel.
3 Exclusive place of jurisdiction – also for disputes over cheques and bills of exchange – in commercial transactions shall be the registered office of the hotel. If a contractual partner fulfils the requirements of § 38 para. 2 ZPO 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 the conflict of laws provisions is excluded.
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. Otherwise, the statutory provisions shall apply.