I. Scope of application
- 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.
- The subletting or re-letting of the provided rooms as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby Section 540 Paragraph 1 Clause 2 BGB is waived unless the customer is a consumer.
- Terms and conditions of the customer only apply if this has been expressly agreed in writing beforehand.
II. Conclusion of contract, contractual partner, statute of limitations
- The contract is concluded when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in writing.
- Contractual partners are the hotel and the customer. If a third party has ordered for the customer, he and the customer are jointly and severally liable to the hotel for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration from the third party.
- All claims against the hotel become statute-barred one year from the beginning of the knowledge-dependent regular limitation period of Section 199 (1) of the German Civil Code (BGB). Claims for damages become statute-barred after five years regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. Services, prices, payments, offsets
- The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
- The customer is obliged to pay the applicable or agreed hotel prices for rooms provided and for other services used by him. This also applies to services and expenses of the hotel to third parties initiated by the customer.
- The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel can increase the contractually agreed price appropriately, but no more than 5%.
- The prices can also be changed by the hotel if the customer subsequently wishes to change the number of rooms booked, the hotel’s services or the length of stay of the guests and the hotel agrees to this.
- Invoices from the hotel without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to make accrued claims due at any time and to demand immediate payment. In the event of default in payment, the hotel is entitled to demand the respectively applicable statutory default interest in the amount of currently 8% or, in the case of legal transactions in which a consumer is involved, in the amount of 5% above the base rate. The hotel reserves the right to provide evidence of higher damage.
- The hotel is entitled to request a reasonable advance payment or security deposit upon conclusion of the contract or afterwards, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
- The customer can only offset or reduce an undisputed or legally binding claim against a claim by the hotel.
- The hotel reserves the right to pre-authenticate credit cards prior to arrival.
- The hotel reserves the right to charge cleaning costs if the ban on smoking in the hotel rooms is not observed. These can amount to up to 3 times the room rate.
IV. Withdrawal by the customer / cancellation / non-use
- Cancellation by the customer of the contract concluded with the hotel requires the hotel’s written consent. If this is not done, the price agreed in the contract must be paid even if the customer does not make use of the contractual services. This does 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 can no longer be expected to adhere to the contract, or if he is entitled to any other statutory or contractual right of withdrawal.
- A change or cancellation of the booked services is possible free of charge up to 14 days before arrival. In the event of a later change or cancellation, the hotel is free to charge 80% of the agreed services. These cancellation costs do not apply if the booked services can be rented to someone else by the hotel.
- If the ordered services are not used without having changed or canceled the order, the customer is obliged to pay 100% for the ordered services.
V. Resignation of the hotel
- If the customer’s right to withdraw from the contract free of charge has been agreed in writing within a certain period, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer has the right to request the hotel not waived to withdraw.
- If an agreed advance payment or an advance payment requested in accordance with Clause III No. 6 above has not been made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
- Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justified reason, for example if – force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; – Rooms are booked with misleading or false information about essential facts, e.g. regarding the person of the customer or the purpose; – the hotel has justified cause to believe that the use of the hotel’s service could endanger the smooth business operations, the security or the 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.
- If the hotel is justified in withdrawing from the contract, the customer has no right to compensation.
VI. Room provision and return
- The customer does not acquire the right to be provided specific rooms.
- Booked rooms are available to the customer from 2 p.m. on the agreed arrival date. The customer has no right to earlier availability.
- On the agreed departure date, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest. Thereafter, due to the late vacating of the room, the hotel can charge 50% of the full accommodation price (list price) for use beyond the contract up to 6 p.m., and 100% from 6 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim to usage fee.
- Unless an arrival time has been expressly agreed, the hotel reserves the right to reassign the hotel rooms that have been booked after 6:00 p.m.
VII. Liability of the hotel
- The hotel is liable for its obligations under the contract with the diligence of a prudent businessman. Customer claims for compensation are excluded. Excluded from this are damage resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damage that is based on an intentional or grossly negligent breach of duty by the hotel and damage that is based on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or deficiencies in the hotel’s services occur, the hotel will endeavor to remedy the situation as soon as it becomes aware of this or upon immediate complaint by the customer. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
- The hotel is liable to the customer for items brought in according to the statutory provisions, that is up to a hundred times the room rate, up to a maximum of € 3,500, and for money, securities and valuables up to € 800. Money, securities and valuables can be up to a maximum value from € 800 in the room safe and up to € 20,000 in the hotel safe. The hotel recommends that you use this option. The liability claims expire if the customer does not notify the hotel immediately after gaining knowledge of loss, destruction or damage (§ 703 BGB). For further liability of the hotel, the above number 1 sentences 2 to 4 apply accordingly.
- Insofar as the customer is provided with a parking space in a hotel car park, even for a fee, this does not result in a custody contract. The hotel is not liable for loss of or damage to vehicles parked or maneuvered on the hotel property and their contents.
VIII. Final provisions
- Changes or additions to the contract, the acceptance of applications or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are ineffective.
- Place of fulfillment and payment is the seat of the hotel.
- The exclusive place of jurisdiction – also for check and bill of exchange disputes – is the seat of the hotel in commercial transactions. If a contractual partner fulfills the requirements of § 38 Paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the seat of the hotel.
- German law applies. The application of the UN sales law and the conflict of laws is excluded. 5. Should individual provisions of these general terms and conditions for hotel accommodation be or become ineffective or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions apply.