Terms and Conditions
- These terms and conditions apply to the rental of hotel rooms for accommodation, as well as all other services and supplies that the hotel provides for the customer.
- The prior written consent of the hotel is required for the subletting or abandonment of the rooms provided and their use for purposes other than accommodation, with § 540 (1) sentence 2 BGB being waived if the customer is not a consumer.
- The customer’s conditions only apply if this has been expressly agreed in writing in advance.
II. Contracting, partners; limitation
- The contract is concluded when the hotel accepts the customer’s request. The hotel can confirm the room reservation in writing.
- The contractual partners are the hotel and the customer. If a third party has booked for the customer, the hotel, together with the customer as a joint debtor, is liable for all obligations arising from the hotel accommodation contract, provided that the hotel has a corresponding third party statement.
- In principle, all claims against the hotel are time-barred one year after the beginning of the normal limitation period of § 199 (1) of the German Civil Code. Claims for damages expire after five years, regardless of knowledge. The reduction of the limitation period does not apply to claims based on intentional or grossly negligent breach of duty by the hotel.
III. Services, prices, payment, offsetting
- 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 valid or agreed hotel prices for the provided rooms and for other services used. This also applies to hotel services and expenses provided by the customer to third parties.
- The agreed prices include the relevant statutory VAT. If the period between the conclusion of the contract and the performance of the contract exceeds four months and the price generally charged by the hotel for these services increases, the hotel may increase the contractually agreed price proportionately, but not by more than 5%.
- The hotel may change the prices even if the customer subsequently requests changes in the number of rooms booked, hotel services or the length of stay of the guests and the hotel agrees.
- Hotel invoices without due date are due within 10 days of receiving the invoice without deduction. The hotel is entitled to make claims at any time and request immediate payment. In the event of late payment, the hotel is entitled to claim the applicable statutory default interest of 8% or, in the case of legal acts in which the consumer is involved, 5% above the basic interest rate. The hotel reserves the right to prove higher damages.
- The hotel is entitled to require a reasonable deposit or security upon conclusion of the contract or thereafter, taking into account the legal provisions for tours. The amount of the deposit and payment terms can be agreed in writing in the contract.
- The customer can only offset or reduce a claim from the hotel with an undisputed or legally binding claim.
IV. Withdrawal by the customer (ie cancellation) /
Non-use of hotel services
- Withdrawal from the contract concluded with the hotel by the customer requires the written consent of the hotel. If this does not happen, it is necessary to pay the agreed price from the contract even if the customer does not use the contractual service. This does not apply in the event of a breach of the hotel’s obligation to take into account the customer’s rights, legal protection and interests, if this means that compliance with the contract can no longer be reasonably expected of the customer or if another’s legal or contractual right of withdrawal is due.
- If a free withdrawal date is agreed between the hotel and the customer in writing, the customer may withdraw from the contract by this time without any claim for payment or damages. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in writing at the hotel by the agreed date, unless the customer withdraws in accordance with number 1 sentence 3.
- In the case of rooms not used by the customer, the hotel must compensate the income from renting the rooms to other parties and the saved expenses.
- The hotel may request a contractually agreed fee and make a flat-rate deduction for the expenses saved. 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 arranging full board.
The customer is free to prove that the above receivable did not arise or did not arise in the required amount.
V. Hotel cancellation
- If the customer’s right to withdraw free of charge has been agreed in writing within a certain period, the hotel is entitled to withdraw from the contract within this period. If there are inquiries from other customers about contracted rooms and the customer does not waive his right to withdraw at the hotel’s request.
- If, after a reasonable period of grace set by the hotel, the agreed deposit or the deposit required in accordance with Article III No. 6 above has not been paid, the hotel is also entitled to withdraw from the contract.
- Furthermore, the hotel is entitled to exceptionally withdraw from the contract for an objectively justifiable reason, e.g.
- force majeure or other circumstances for which the hotel is not responsible prevent the performance of the contract;
- Room with misleading or false information about essential facts, eg B. in the person of the customer or the purpose;
- the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardize the smooth running of the business, security or public reputation of the hotel, without this being attributable to the area of control or organization of the hotel;
- there has been a violation of provision I No. 2 above.
- If the hotel withdraws with justification, the customer is not entitled to a refund.
VI. Room provision, handover and return
- The customer does not acquire the right to provide specific rooms.
- The reserved rooms are available to the customer from 2 pm on the agreed day of arrival. The customer has the right to earlier availability only with amount of 10 € per hour.
- On the scheduled day of departure, the rooms must be vacated and made available to the hotel no later than 11:00. After that, the hotel can charge 50% of the full price of the accommodation (price list) for use beyond the contract due to the late evacuation of the room until 18:00 and 100% from 18:00. This does not justify the customer’s contractual claims. He is free to prove that the hotel has no or significantly lower entitlement to usage fees.
VII. Hotel responsibility
- The hotel guarantees the care of a prudent trader for its obligations under the contract, claims for damages by the customer are excluded. Damage resulting from damage to life, health or health is excluded from this if the breach is the responsibility of the hotel, other damages based on intentional or grossly negligent breach of duty by the hotel, and damages based on intentional breach of duty . or negligent breach of typical hotel contractual obligations. A breach of duty by a hotel is a breach of the duty of a legal representative or agent. If there are malfunctions or defects in the hotel services, the hotel will try to rectify the situation if it finds out or if the customer complains immediately. The customer is obliged to do everything reasonable for him to eliminate the fault and minimize any damage.
- The hotel is liable to the customer for the items brought in according to legal provisions, ie up to 100 times the room price, up to a maximum of EUR 3,500 and for money, securities and valuables up to EUR 800. Money, securities and valuables up to a maximum of EUR 1,000 can be stored in the hotel or room safe. The hotel recommends using this option. Liability claims lapse if the customer does not notify the hotel immediately after finding loss, destruction or damage (§ 703 BGB). The above sentence number 1 to 2 applies mutatis mutandis to any other liability of the hotel.
- If the customer is provided with a parking space in the hotel garage or in the hotel car park, even for a fee, this does not result in a custody agreement. The hotel is not liable for the loss of or damage to motor vehicles parked or maneuvered on the hotel grounds and their contents, except in cases of intent or gross negligence. The number 1 of sentences 2 to 4 above applies mutatis mutandis.
- The alarm clock is performed by the hotel with the utmost care. We handle messages, mail and guest shipments with care. The hotel takes over transport, storage and on request for a fee. The number 1 of sentences 2 to 4 above applies mutatis mutandis.
VIII. Final Provisions
- Changes or additions to the contract, acceptance of applications or these conditions for hotel accommodation must be made in writing. Unilateral changes or additions by the customer are invalid.
- The place of performance and payment is the seat of the hotel.
- The exclusive jurisdiction – even for disputes over checks and bills of exchange – is the hotel’s registered office. If the contractual partner meets the requirements of § 38 para. 2 ZPO and does not have general jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.
- German law applies. The application of UN sales law and conflict of laws is excluded.
- Should individual provisions of these General Terms and Conditions of Hotel Accommodation be or become invalid or ineffective, this shall not affect the validity of the remaining provisions. In addition, legal provisions apply.