Terms for Hotel Accommodation Contracts
1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all services provided in this context for the customer other services provided by the hotel (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” comprises and replaces the following terms: accommodation, lodging, hotel, hotel room contract.
2. The subletting or re-letting of the rooms and their use for purposes other than accommodation require the prior consent of the hotel in writing, § 540 paragraph 1 sentence 2 BGB is waived if the customer is not a consumer.
3. Terms and conditions of the customer shall apply only if these are previously expressly agreed in writing.
II. CONCLUSION OF CONTRACT, PARTIES, STATUTE OF LIMITATIONS
1. The contract is through the acceptance of the request of the customer upon the hotel. The hotel is at liberty to confirm the room reservation in writing.
2. Contractual partners are the hotel and the customer. Has placed the order for Mom, he is liable to the hotel together with the customer as joint debtor for all obligations from the hotel accommodation contract, if the hotel has a corresponding statement by the third party.
3. Any claims against the hotel shall lapse one year from the statutory limitation period. Damage claims shall be independent of knowledge in five years, unless they are based on injury to life, limb, health or freedom. These damage claims expire independent of knowledge in ten years. The limitation periods do not apply to claims which are based on an intentional or grossly negligent breach of obligation.
III. SERVICES, PRICES, PAYMENT, SET-OFF
1. The hotel is obligated to keep the booked rooms and to provide the agreed services.
2. The customer is obligated to pay the agreed or applicable for rooms provided and used by him in other services of the hotel prices. This also applies to caused by the customer services and expenses of the hotel to third parties. The agreed prices include applicable statutory value added tax.
3. The hotel can make its agreement to the customer’s later reduction in the number of reserved rooms, the hotel’s services or the duration of the customer dependent on the price of the room and / or for the other services of the hotel increases ,
4. Hotel invoices without a due date within 10 days of receipt of the invoice without deduction. The hotel may demand immediate payment of overdue receivables at any time by the customer. In case of default the hotel is entitled to demand the respectively applicable statutory default interest in the amount of currently 8% or, with legal transactions with a consumer in the amount of 5% above the base rate. The hotel reserves the right to prove higher damages.
5. The hotel is entitled to demand a reasonable advance payment or security deposit in the form of a credit card guarantee, a deposit or the like when the contract by the customer. The amount of the advance payment and payment dates may be agreed in the contract in writing. With advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.
6. In justified cases, for example, of customers or expand the scope of the contract payment arrears, the hotel is entitled to demand an advance payment or security deposit within the meaning of the above number 5 or an increase of in the contract advance payment or security to the total agreed remuneration even after conclusion until the beginning of the stay.
7. The hotel is also entitled to the commencement and during the customer’s stay a reasonable advance payment or security deposit within the meaning of the above number No. 5 for existing and future claims arising from the contract, insofar as such has not been according to the above numbers 5 and / or 6 been done.
8. The customer may only offset undisputed or legally binding claim against a claim by the hotel or charge.
IV. WITHDRAWAL OF THE CUSTOMER (CANCELLATION, ANNULMENT) / FAILURE TO USE HOTEL SERVICES (NO SHOW)
1. Cancellation by the customer of the contract concluded with the hotel requires the hotel’s consent in text form. If not this, then the price agreed in the contract must also be paid if the customer does not contractual services.
2. Insofar as the hotel and the customer a date for free withdrawal from the contract was agreed in writing, the customer may rescind the contract, without incurring payment or damage compensation claims by the hotel. The resignation of the customer expires if he does not exercise his cancellation right in front of the hotel in writing by the agreed date.
3. When not used by the customer to claim rooms, the hotel must credit the income from renting the rooms and also for saved expenses. the hotel are the rooms are not otherwise rented, can demand the contractually agreed rate and assess a flat rate for the saved expenses of the hotel. The customer is obliged in this case, at least 90% of the contractually agreed rate for lodging with or without breakfast, to pay 70% for half and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim is not justified or not in the amount claimed.
V. CANCELLATION BY HOTEL
1. Unless agreed in text form that the customer can withdraw within a specified period free from the contract, the hotel is entitled for its part in this period, to withdraw from the contract if there are inquiries from other customers regarding the contractually reserved rooms and the customer upon inquiry by the hotels on his right of rescission does not waive.
the 2. If an agreed advance payment or in accordance with Clause III No. 5 and / or 6 demanded advance payment or security not provided after the lapse of a set by the hotel reasonable extension, so is also entitled to rescind the contract.
3. Moreover, the hotel is entitled to withdraw exceptionally justifiable reasons from the contract, for example, if
Force majeure or other circumstances beyond the hotel not make the fulfillment of the contract impossible;
Rooms or spaces culpably essential contractual misleading or incorrect statements of facts as are posted on the person of the customer or the purpose of his stay;
the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation, security or reputation of the hotel in public, without being attributable to the management or organization of the hotel;
the purpose or the cause of the stay is illegal;
a breach of the above-mentioned I.2 present.
4. If the Hotel justifiably withdraws not entitle the customer for damages.
VI. ROOM AVAILABILITY, DELIVERY AND RETURN
1. The customer has no right to be provided specific rooms insofar as this is not expressly agreed in writing.
2. Reserved rooms are available to the customer from 15:00 pm on the agreed day of arrival. The customer has no right to earlier availability.
3. On the agreed departure rooms are to provide the hotel vacated by 12:00 at the latest available. Afterwards the hotel due to the delayed vacating of the room for the contractual-border use until 18:00 50% of the full accommodation rate (list price) into account, at 18:00 100%. Contractual claims of the customer are not justified hereby. Is at liberty to prove that the hotel incurred no or much lesser claim arose user fees.
VII. LIABILITY OF THE HOTEL
1. The hotel is liable for its obligations under the Treaty. Customer claims for compensation are excluded. This does not include damage resulting from injury to life, limb or health, if the hotel is responsible for the breach of duty, other damages based on intentional or grossly negligent breach of obligation and damage from an intentional or negligent breach typical contractual obligations of the hotel is based. A breach of obligation by a legal representative or vicarious agent. Should disruptions or defects in the performance of the hotel occur, the hotel will endeavor with knowledge or on immediate complaint of the customer, to take remedial action. The customer is obligated to contribute reasonable to eliminate the disruption and to keep any possible damage.
2. For property brought into the Hotel is liable to the customer in accordance with statutory provisions. Accordingly, the liability is limited to one hundred times the room rate, but limited to € 3.500, – and deviation for cash, securities and valuables, a maximum of up to € 800, -. Money, securities and valuables (insert insured amount of hotel) up to a maximum value of € in hotel or room safe are kept. The hotel recommends to make use of this possibility.
3. If the customer is a parking space in the hotel garage or a hotel parking lot, even if a fee is provided, this does not constitute a safekeeping agreement. For loss of or damage to the hotel property parked or motor vehicles and their contents, the hotel is not liable, except for willful misconduct or gross negligence. For the exclusion of Sha-damages claims by the customer, the regulation of the above point 1, sentences 2 to 4 shall apply mutatis mutandis.
4. Wake-up calls are carried out with the utmost care.
Messages, mail and merchandise deliveries for guests are handled with care. The hotel over-taking the delivery, storage and – on request – for a fee forward such items. For the preclusion of damage claims of the customer, the regulation of the above point 1, sentences 2 to 4 shall apply mutatis mutandis.
VIII. FINAL PROVISIONS
1. Changes and additions to the contract, the acceptance of these General Terms and Conditions should be made in writing. Unilateral changes or additions by the customer are invalid.
2. Place of performance and payment is the location of the hotel.
3. The exclusive jurisdiction – also for check and exchange disputes – for commercial transactions is the corporate headquarters of the hotel. If a party fulfills the requirement of §38 paragraph has 2 ZPO and has no general jurisdiction in Germany, the courts at the corporate seat of the hotel.
4. German law applies. The application of the CISG and the conflict of laws is excluded.
5. Should individual provisions of these terms and conditions be invalid or void, so the validity of the remaining provisions shall not be affected. In addition, the statutory provisions apply.