General Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT (AGBH)

I. Scope of application

1. these terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided to the customer by the hotel (hereinafter referred to as the hotel).

2. the subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not 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 partners, statute of limitations

1. the contract is only concluded upon confirmation by the hotel. The hotel is at liberty to confirm the room booking in writing. 

2. the contractual partners are the hotel and the customer. If a third party has ordered on behalf of 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 that 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 regular limitation period of § 199 I BGB, which is dependent on knowledge. 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

1. the hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

2. the customer is obliged to pay the hotel's applicable or agreed prices for the provision of the room and the 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 statutory value added tax applicable at the time the contract is concluded. In the event of a change in VAT between conclusion and fulfillment of the contract, the price may change accordingly. The amount will be rounded by the hotel. If the period between conclusion and fulfillment of the contract exceeds 4 months and 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 information, we reserve the right to make an adjustment and refer to the current price list. 

4. the prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the duration of the guests' stay and the hotel agrees to this.

5. invoices of the hotel or due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge interest at a rate of 8% or, in the case of legal transactions involving a consumer, 5% above the respective base interest rate of the Deutsche Bundesbank. The hotel reserves the right to provide evidence of higher damages.

6. the hotel is entitled to demand a reasonable 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.

7. the customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

IV. Withdrawal by the customer (cancellation) / non-utilization of the hotel's services (no show)

1. the customer's withdrawal from the contract concluded with the hotel requires the hotel's written consent. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of 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 reasonably be expected to adhere to the
contract as a result, or if the customer is entitled to any other statutory or contractual right of withdrawal.

2. if a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of rescission shall expire if he does not exercise his right of rescission in writing vis-à-vis the hotel by the agreed date, unless a case of rescission pursuant to clause IV. no. 1 sentence 3 Rescission by the customer exists.

3. if rooms are not used by the customer, the hotel must offset the income from renting the rooms to other parties and the expenses saved.

4. the hotel is 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 bed and breakfast. The customer is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount claimed.

V. Cancellation by the hotel

1. if a right of withdrawal of the customer within a certain period has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for 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 is also entitled to withdraw from the contract.

3. furthermore, the hotel is 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 it impossible to fulfill the contract. - rooms are booked with misleading or false information regarding material facts, e.g. the identity of the customer or the purpose. - the hotel has justified cause to believe that
the use of the hotel's services may jeopardize the smooth operation, security or public reputation of the hotel without this being attributable to the hotel's sphere of control or organization, a breach of I. Section 2 above.

4 We reserve the right to withdraw from the contract or make an adjustment in the event of price errors and refer to the current price list. 

5. in the event of justified withdrawal by the hotel, the customer shall have no claim to
compensation.

VI Room provision, handover and return

1. the customer acquires no entitlement to the provision of specific rooms.

2. booked rooms are available to the customer from 1 p.m. on the agreed day of arrival. 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 with keys by 11.00 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for the additional use of the room until 6 p.m., and 100% from 6 p.m. onwards. The customer is at liberty to prove to the hotel that it has incurred no loss or a significantly lower loss.

VII Liability of the hotel

1. the hotel is liable for the diligence of a prudent businessman for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, and other damages based on an intentional or grossly negligent breach of duty by the hotel. Should
disruptions or defects in the hotel's services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.

2. the hotel is liable to the customer for items brought into the hotel in accordance with the statutory
provisions, i.e. up to one hundred times the room rate, up to a maximum of EUR 3,500.00, and for money, securities and valuables up to EUR 800.00. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). the above clause 1 sentences 2 to 4 apply accordingly to any further liability of the hotel.

3. if the customer is provided with a parking space in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. This also applies to vicarious agents of the hotel, and the above clause 1 sentences 2-4 apply accordingly.

4. wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded. Messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and - on request - forward them for a fee. Section 1 sentences 2 to 4 above shall apply accordingly.

5. lost property will only be forwarded at the request, risk and expense of the guest. Items of lesser value up to approx. 10 euros will not be kept for longer than one month. More valuable items will be kept for up to one year.

VIII Final provisions

1. amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.

2. the place of performance and payment is the registered office of the hotel.

3. the exclusive place of jurisdiction - also for check disputes - in commercial transactions is the registered office of the hotel. If a contractual partner fulfills the requirements of § 38 paragraph 1 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 is excluded.

5. 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.

Mandatory information pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council:
Link to the homepage of the European Commission's entity for online dispute resolution for consumer disputes: http://ec.europa.eu/consumers/odr/