General terms and conditions
GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT (AGBH)
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 (hereinafter referred to as the hotel).
The subletting or subletting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 Paragraph 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 beforehand.
II. conclusion of contract, contract partner, statute of limitations
1) The contract shall only come into effect upon confirmation by the hotel. The hotel is free to confirm the room reservation in writing.
2 The contractual partners are the hotel and the customer. 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 I BGB (German Civil Code). Claims for damages shall become statute-barred in 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 is obliged to pay the hotel's prices for the provision of rooms and other services used by him.
This also applies to services and expenses of the hotel to third parties arranged by the customer.
3. the agreed prices include the respective statutory value added tax valid at the time of conclusion of the contract. In the event of a change in value added tax between conclusion and fulfilment of the contract, the price may change accordingly. The amount will be rounded by the hotel. If the period between conclusion of the contract and fulfilment of the contract exceeds 4 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%. In the event of errors in price quotations, we reserve the right to make adjustments and refer to the current price list.
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 agrees to such changes.
5 Invoices of the hotel or due date are payable within 10 days of receipt of the invoice without deduction. The hotel shall be entitled to demand payment of any accrued claims at any time and to demand immediate payment. In the event of default in payment, the hotel shall be entitled to charge interest at a rate of 8% or, in the case of legal transactions involving a consumer, 5% above the respective base rate of the Deutsche Bundesbank. The hotel reserves the right to prove higher damages.
6. the hotel shall be entitled to demand an appropriate advance payment or security deposit at the time of 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 can be agreed in writing in the contract.
7. the customer may only offset or reduce a claim of the hotel with an undisputed or legally enforceable claim.
IV. Cancellation by the customer (cancellation) / non-use of the services of the hotel (no show)
1. any withdrawal of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this does not take place, the agreed price from the contract is to be paid even if the customer does not make use of contractual services. This shall not apply in the event of a breach of the Hotel's obligation to take into consideration the rights, legal interests and interests of the Customer if the latter can no longer reasonably be expected to adhere to the
contract as a result, or if any other statutory or contractual right of rescission exists.
2. if the hotel and the customer have agreed in writing on a date for withdrawal from the contract, 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 in accordance with Clause IV, Item 1, Sentence 3, of the customer's rescission.
3. in the case of rooms not used by the customer, the hotel shall set off the income from renting the rooms to other parties and the saved expenses.
4. the hotel shall be free to charge a lump sum for the damage incurred and to be compensated by the customer. In this case, the customer is obliged to pay at least 80% of the contractually agreed price for overnight accommodation with breakfast. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the required amount.
V. Cancellation by the hotel
If the customer's right of withdrawal has been agreed in writing within a certain period, 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 upon inquiry by the hotel.
2. if an agreed advance payment or an advance payment requested in accordance with III.6 above is not made, the hotel shall also be entitled to withdraw from the contract.
Furthermore, the hotel shall be entitled to withdraw from the contract 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 endanger 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 organisation, a violation of the provisions of Section I above. Point 2 is present.
4 In the event of errors in price quotations, we reserve the right to withdraw from the contract or make an adjustment and refer to the current price list.
5. in the event of justified withdrawal by the hotel, the customer shall not be entitled to claim
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 13.00 o'clock of the agreed arrival day. The customer has no claim to earlier provision.
3 On the agreed day of departure, the rooms must be vacated and provided with keys to the hotel by 11.00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full lodging price (list price) until 6 p.m. for the additional use of the room in excess of the resulting damage, and 100% from 6 p.m. onwards. The customer is at liberty to prove to the hotel that it has incurred no damage or substantially less damage.
VII Liability of the Hotel
1 The hotel shall be liable for the diligence of a prudent businessman for his obligations arising from the contract. Claims of the customer for damages are excluded. Excluded from this are damages from injury to life, body or health if the hotel is responsible for the breach of duty and other damages which are based on an intentional or grossly negligent breach of duty by the hotel. 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 is obliged to contribute what is reasonable in order to remedy the faults and to 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 100 times the room rate, up to a maximum of EUR 3,500.00, as well as for money, securities and valuables up to EUR 800.00. Liability claims shall lapse unless the customer notifies the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 German Civil Code).
3 If a parking space is made available to the customer in the hotel garage or on a 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. This shall also apply to vicarious agents of the hotel. 1 sentence 2-4 above shall apply accordingly.
4. wake-up orders shall be executed by the hotel with the greatest care. Claims for damages, except for gross negligence or intent, are excluded. Messages, mail and consignments of goods for the guests are handled with care. The hotel will take over the delivery, storage and - on request - forwarding of the same for a fee. The above number 1 sentences 2 to 4 shall apply accordingly.
5. lost property will only be forwarded at the request, risk and expense of the guest. Minor items up to a value of approx. 10,- Euro will not be stored for longer than one month. More valuable goods up to one year.
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.
2. the place of performance and payment shall be the registered office of the hotel.
3 Exclusive place of jurisdiction - also for cheque disputes - in commercial transactions shall be the registered office of the hotel. If a contracting party has the prerequisite of § 38 paragraph 1 ZPO and 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 Killision Law is excluded.
Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or incorrect, this shall not affect the validity of the other provisions. Otherwise, the statutory provisions shall apply.
Compulsory information under Regulation (EU) No 524/2013 of the European Parliament and of the Council:
Link to the home page of the European Commission Consumer Dispute Settlement Body: http://ec.europa.eu/consumers/odr/