- These General Terms and Conditions apply for the Hotel Accommodation Contract to hire of hotel rooms for purpose of accommodation as well as all other supplies and services rendered to the guests by the hotel.
- Derogating terms and conditions, even if included in the General Terms and Conditions of the guest or the ordering party, shall not apply unless expressly acknowleged by the hotel in text form.
II. Conclusion of Contract, Contractual Partner, Statute of Limitations
- Contractual parties are the hotel and the guest. If a third party has made the reservation on behalf of the guest, this party shall be liable to the hotel jointly and severally together with the guest for all obligations arising from the contract if the hotel has been submitted a corresponding declaration given by the ordering party. Independent of this, each ordering party is obliged to pass on all booking-related information to the guest, in particular these General Terms and Conditions.
- The guest accommodation contract is concluded as soon as the room has been ordered and confirmed. The hotel is free to confirm the room booking in text form.
- Sub-letting or re-letting of rooms as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB (German Civil Code) is waived insofar as the customer is not a consumer within the meaning of § 13 BGB.
- In principle, all claims against the hotel become statute barred one year after the commencement of the regular limitation period, dependent on the claimant having actual knowledge. Compensation claims become statute barred in five years, independently of the claimant having actual knowledge. These reductions in the limitation period do not apply to claims based on an intentional or negligent breach of duty by the hotel.
- Minors traveling alone are not permitted to stay overnight at the hotel.
III. Services, Prices, Payment, Set-off
- There is no entitlement to the provision of certain rooms or premises by the hotel. If confirmed rooms or rooms are not available, we can provide equivalent substitutes, also in another establishment.
- The guest is obliged to pay the prices applying to or agreed on for provision of accommodation and additional services the guest has used. This also applies to third-party services and expenses which are incurred to the hotel by the guest or the ordering party. The agreed prices shall be understood inclusive of VAT. If the period elapsing between conclusion of the contract and arrival of the guest exceeds four months and after conclusion of the contract VAT at the statutory rate or any applicable local taxes and levies increase or new local taxes and levies are introduced, the hotel reserves the right to increase the agreed prices by the amount by which the applicable VAT or local taxes and levies have increased or by the amount equal to the new local taxes and levies.
- The hotel may make its consent to a reduction in the number of booked rooms, the service of the hotel or the duration of the guests’ stay conditional on an increase in the price for the rooms and/or for the other services of the hotel.
- Upon receipt, invoices issued by the hotel shall become due for payment immediately, without deduction. The hotel may at any time request the guest to pay claims due for payment without undue delay. The guest shall be in default at the latest upon failure to pay within 30 days after the due date and receipt of an invoice. This shall apply to a guest who is consumer only if these consequences have been specified in the invoice. For each reminder sent after default occurs, the hotel may charge a reminder fee in the amount of € 5.00.
- The hotel is entitled to request from the contractual partner on conclusion of the contract or later, a reasonable advance payment or security in the form of a credit card guarantee, downpayment or similar, taking into account the legal provisions. The amount of the advance payment and the payment dates may be agreed in the contract in text form.
If agreed deposit payments are not received 10 days prior to arrival, the hotel may withdraw from the contract.
- In justified cases, e.g. payment arrears of the guest or expansion of the contractual scope, the hotel is entitled to request, also after conclusion of the contract up to the commencement of the stay, an advance payment or furnishing of security within the meaning of clause 6 above or the increase in the advance payment or security agreed in the contract up to the full agreed remuneration.
- The hotel is further entitled, at the beginning of and during the guest’s stay, to request a reasonable advance payment or furnishing of security within the meaning of clause 6 above for existing and future claims under the Contract unless such advance payment or furnishing of security has already been effected in accordance with clause 6 and/or clause 7 above.
- The guest can only offset or reduce a claim against the hotel with an undisputed or legally established claim.
- Possible bank charges shall be paied by the guest.
- The guest agrees that the invoice may be sent to him electronically.
IV. Rescission by the guest, Cancellation
- The hotel grants the guest the right to withdraw from the contract at any time. Withdrawal or cancellation from the contract concluded with the hotel requires the written consent of the hotel. The exact conditions of the withdrawal or cancellation are listed below:
- a) Unless otherwise agreed, cancellations are free of charge up to 24 hours prior to arrival.
- b) If the guest rescinds the booking, the hotel shall be entitled to reasonable compensation.
- c) The hotel has the option to claim compensation from the guest in the form of a compensation lump sum instead of a concretely calculated compensation. The compensation lump sum amounts to 90% of the contractually agreed price for overnight stays with or without breakfast. The Guest shall be free to prove that the hotel has not suffered any damage, or that the damage incurred to the hotel amounts to less than the lump-sum compensation claimed.
- d) If the hotel calculates the compensation specifically, the amount of compensation shall not exceed the amount of the contractually agreed price for the service to be provided by the hotel less the value of the expenses saved by the hotel as well as what the hotel acquires through other uses of the hotel services.
- The above provisions on the compensation shall apply mutatis mutandis if the guest does not make use of the booked room or the booked services and fails to notify this fact to the hotel in due time.
- If the hotel has granted to the guest an option to rescind the contract within a certain period without any further legal consequences, the hotel shall not be entitled to any compensation. For the question of whether the declaration of rescission is made in due time, receipt thereof at the hotel shall be decisive. The guest has to declare the rescission in text form.
V. Rescission by the Hotel
- If a rescission right free of charge has been granted to the guest according to IV clause 3, the hotel shall likewise be entitled to rescind the contract within the agreed period in the event that other guests inquire for the booked rooms and the guest does not waive his/her rescission right free of charge pursuant to IV clause 3 after being requested to do so by the hotel.
- If an agreed advance payment or security, or such advance payment or security as requested pursuant to III clause 6 and/ or 7, is not performed, also after expiry of a grace period set by the hotel, the hotel shall also be entitled to rescind the contract.
- Furthermore, the hotel is entitled to rescind from the contract, in particular in the event of:
– force majeure or other circumstances not attributable to the hotel make it impossible to perform the contract;
– misleading or incorrect statements of material facts have been used in booking rooms, for example with respect to the identity of the guest or the purpose;
– there is an unauthorized sub-letting or re-letting in accordance with section II, clause 3;
– the hotel has good reason to assume that the guest’s use of the hotel’s services may jeopardise the hotel’s smooth business operations, safety, or reputation in the public, without such matters being attributable to the hotel’s scope of control or organisation;
– a case of clause VI clause 3 exists;
– the hotel becomes aware of circumstances that the financial circumstances of the guest have considerably worsened after the conclusion of the contract, in particular if the guest does not settle due claims of the hotel or does not provide sufficient security and therefore payment claims of the hotel appear to be at risk;
– The guest has filed an application for the opening of insolvency proceedings on his/her assets, submitted an asset report pursuant to section § 802c of the German Code of Civil Procedure (Zivilprozessordnung – ZPO), initiated extra judicial proceedings for the settlement of debts or suspended his/her payments;
– insolvency proceedings are opened against the assets of the guest or the opening of the same is rejected due to lack of assets.
– A release due to official orders is not possible.
- The hotel is obliged to inform the guest in text form of the exercise of the right of rescission without undue delay.
- In the above cases of rescission, the guest shall not be entitled to compensation for damage.
VI Arrival and departure, other provisions regarding the hotel stay
- Booked rooms are available to the guest from 3.00 p.m. on the agreed arrival day. The Guest shall not be entitled to earlier provision.
- Unless a different arrival time has been expressly agreed, booked rooms are to be occupied by the guest no later than 6:00 p.m. on the agreed day of arrival.
On the agreed departure day, the rooms shall be vacated and placed at the hotel’s free disposal by 12:00 p.m. at the latest, unless otherwise agreed. For rooms not vacated by then, the hotel may charge, beyond the damage incurred to it thereby, until 6.00 p.m. the daily room rate for the additional use of the room and from 6.00 p.m. 100 % of the full applicable price for board and lodging. The guest is free to prove to the hotel that no damage or a considerably lower damage was incurred to the hotel.
- Smoking ban: The smoking ban in force in the hotel area must be observed at all times. In particular, the hotel reserves the right to assert a claim for damages in the event of a violation of the smoking ban, which the hotel incurs due to the fact that the room affected by smoking cannot be rented again immediately afterwards due to the increased cleaning effort. The guest retains the right to prove that the damage claimed for this reason did not occur, or did not occur in the amount claimed.
- Behavior: The consumption of drugs is not permitted during the stay in the hotel. The consumption of alcohol is only permitted to a limited extent. If the hotel staff recognizes that a guest is showing signs of drunkenness or the like and thereby endangers the well-being of other guests and the hotel staff (e.g. through aggressive behavior), the hotel is entitled to expel the guest from the hotel. Already paid fees cannot be refunded in the named cases.
VII Liability of the Hotel, limitation
- The hotel shall be liable in accordance with the statutory provisions for all damages arising from injury to life, limb and health as well as in the event of the assumption of a guarantee on the part of the hotel and in the event of fraudulently concealed defects. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by the hotel. Typical contractual obligations include those obligations that make the proper performance of the contract possible in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this Section VII clause 1.
- In the event of disruptions or deficiencies in the hotel’s services, the hotel will endeavor to remedy the situation upon the guest’s immediate complaint. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and to keep any possible damage to a minimum. If the guest culpably fails to notify the hotel of a defect, he shall not be entitled to a reduction of the contractually agreed remuneration.
The above limitations of liability apply to all claims for damages regardless of their legal basis, including claims in tort. The above limitations and exclusions of liability shall also apply in cases of any claims for damages by a guest against employees or vicarious agents of the hotel. They shall not apply in cases of liability for a defect following the assumption of a guarantee for the quality of an item or a work, in the case of fraudulently concealed defects or in the case of personal injury.
- The hotel shall be liable to the guest for items brought into the hotel in accordance with the statutory provisions. The hotel recommends that valuables and precious items be stored separately within the framework of a storage agreement with the hotel.
- If the guest is provided with a parking space of the hotel, even against payment, this shall not constitute the conclusion of a contract of bailment. The hotel shall not have any surveillance obligations for the vehicles. If vehicles or the contents of vehicles parked or otherwise situated on the hotel premises are lost or damaged, the hotel shall be not liable unless the hotel, its legal representatives or its agents have caused such damage by intent or gross negligence. In this case, the damage must be asserted to the hotel on departure from the hotel at the latest.
- Wake-up orders are executed by the hotel with the utmost care. Messages for guests will be handled with care. Claims for damages, apart from gross negligence or intent, are excluded. Upon prior agreement with the guest, the hotel may accept, store and – upon request – forward mail and merchandise shipments for a fee. In this case, the hotel shall be liable only in accordance with the above Section VII, clause 1 through 6.
- The guest’s claims for damages shall fall under the statute of limitations no later than two years from the time the guest obtains knowledge of the damage, or, irrespective of such knowledge, no later than three years from the damaging event. This shall not apply to liability for damages arising from injury to life or limb as well as for any other damage based on a breach of duty through intent or gross negligence on the part of the hotel, a legal representative or an agent of the hotel.
VIII. Final provisions
- Changes or amendments to the contract, in the acceptance of the offer or to these General Terms and Conditions for the Hotel Accommodation Contract shall be made in text form. Any unilateral changes or modifications on the part of the guest shall be invalid.
- Place of performance and payment as well as exclusive place of jurisdiction is the registered office of the hotel. However, the hotel is also entitled to institute complaints and other legal proceedings also at the guest’s general place of jurisdiction. The hotel is not willing and not obligated to participate in dispute resolution procedures (Streitbeilegungsverfahren) before a consumer arbitration agency (Verbraucherschlichtungsstelle).
- The laws of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
- Should individual provisions of these General Terms and Conditions for the Hotel Accommodation Contract be or become invalid or void, the validity of the remaining provisions shall not be affected thereby. The statutory provisions shall apply additionally.