General Terms and Conditions
1. These terms and conditions apply to contracts for the provision of hotel rooms for lodging on a rental basis as well as all other services and supplies provided by the hotel (Hotel Accommodation Contracts) to the customer in connection with this. The term “Hotel Accommodation Contract” includes and replaces the following terms: lodging, rooms, hotels, hotel room contract.
2. The sup-letting of the rooms as well as their use for purposes other than accommodation requires the prior, written approval of the hotel, whereby § 540, paragraph 1, sentence 2 BGB will be waived if the customer is not the occupant.
3. The terms and conditions of the customer shall only apply subject to receiving the prior, written agreement from the hotel.
II. Closure of contract, contract partners, statue of limitations
1. The contract comes into force through acceptance of the request of the customer by the hotel. The hotel is at liberty to confirm the room reservation in writing as it sees fit.
2. The contract partners are the hotel and the customer. If a third party placed the booking, then they are liable to the hotel together with the customer as co-debtor for all liabilities resulting from the hotel accommodation contract, unless the hotel has received a suitable declaration from the aforementioned.
3. All claims against the hotel expire one year from the start of the statutory limitation period. Damage claims expire, irrespective of knowledge, in five years unless they are baded on injury to life, limb, health or personal liberty. These damages shall expire in ten years, independent of knowledge. Reductions of limitation do not apply to claims resulting from intentional or grossly negligent breaches of obligation on the part of the hotel.
III. Services, prices, payment, billing
1. The hotel is obligated to keep the room reserved by the customer available and to provide the services under contract.
2. The customer is hereby required to pay the agreed/valid prices of the hotel for provision of the room and for any other services used by him. This also applies to services and outlays of the hotel initiated by the customer and provided to third parties. The agreed prices include applicable sales tax.
3. The hotel may make its consent to a request by the customer to subsequent reduction in the number of reserved rooms, services provided by the hotel or the duration of stay dependent on increasing the price of the room and / or other services of the hotel.
4. Hotel invoices not showing a due date are payable in full within 10 days of receipt of the invoice. The hotel reserves the right to demand the immediate payment of outstanding amounts at any time from the customer.
5. The hotel reserves the right to request reasonable advance payment or security deposit in the form of a credit card guarantee, cash payment of similar at the time of closing the contract. The amount of advance paymant and payment dates may be agreed in the contract in writing. In case of advance payments or security deposits for package tours, the statutory conditions remain unaffected.
6. In justified cases, e.g. payment defaults by the customer or extension of scope of contract, the hotel is entitled, even after the closing of the contract and up to the start of the hotel stay, to demand advance payment or a security deposit as defined previously under No. 5 or an increase in advance payment or security agreed in the contract up to the value of the total agreed price.
7. In addition, the hotel also reserves the right to demand at the beginning and at anytime during the stay reasonable advance payment or a security deposit from the customer as defined previously under No. 5 for existing and future claims resulting from the contract, unless such recompense has already been paid in accordance with No 5 and / or No. 6.
8. The customer may only settle an uncontested or legally valid claim against a claim by the hotel.
IV. Withdrawal by the customer (cancellation, annulmen) / Failure to make use of hotel services (no show)
1. Withdrawal by the customer from the contract with the hotel requires the written agreement of the hotel. If this is not given, then the price agreed in the contract must be paid even if the customer does not make use of the services under contract.
2. If a deadline for free withdrawal from the contract was agreed upon 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 from the hotel. The customer´s right to withdraw from the contract expires, if he does not exercise his right in writing before the agreed date for withdrawal from the hotel.
3. If the customer does not make use of booked hotel rooms, the hotel must take the income from renting the rooms and the saved expenses into account. If the rooms are not rented to another guest, the hotel reserves the right to demand the compensation agreed under contract and offer a flat rate deduction for any saved expenses. In this case, the customer is hereby required to pay 90% of the contractually agreed rate for lodging with or without breakfast, 70% for half board and 60% for full-board arrangements. The customer reserves the right to prove that the above claim is either not justified or not justified in the amount required.
V. Withdrawal by the hotel
1. Insofar as it was agreed that the customer can cancel the contract free of charge within a certain period, the hotel in turn reserves the right to rescind the contract within the same period if there have been enquiries from other customers regarding the rooms reserved under contract and upon request of the hotel the customer does not waive his right of rescission.
2. If agreed or in accordance with Section III, Nos. 5 and / or 6 required advance payment or security deposit is not provided even after expiration of a reasonable grace period set by the hotel, the hotel is likewise entitled to rescind the contract.
3. Moreover, the hotel also reserves the right to effect extraordinary cancellation of the contract on justifiable grounds, e.g. if:
– Force majeure or other circumstances beyond the control of the hotel prohibit the fulfilment of the contract;
– Hotel rooms or other rooms were booked with culpably misleading or false information of pertinence to the terms of the contract, e.g. personal details of the customer or the purpose of this stay;
– The hotel has justified cause to believe that use of the hotel´s services might jeopardise the smooth operation, the safety or public reputation of the hotel, and that such effects cannot be attributed to the management or hotel administration;
– the purpose or reason of the stay is illegal;
– A violation of Section I, No. 2. exists.
4. Justified cancellation by the hotel does not entitle the customer to damages.
VI. Room booking, transfer and return
1. The customer does not reserve the right to the provision of specific rooms unless this has been explicitly agreed in writing.
2. Reserved rooms are available to customers from 15:00 hrs on the agreed day of arrival. The customer has no right to earlier availability.
3. On the agreed day of departure the rooms must be vacated by no later than 11:00 hrs. After that, the hotel reserves the right to charge 50% of the total price (list price) up to 18:00 hrs for delayed vacation of the room r 100% of the same tariff for use exceeding 18:00 hrs. Contractual claims of the customer will not be taken into account here. The customer reserves the right to prove that the hotel is not entitled to or is only entitled to a significantly reduced fraction of the claims put forward.
VII. Liability of the hotels
1. The hotel is liable for its obligations resulting from the contract. Customer claims for damages are hereby excluded. This does not include damages for injury to life, limb or health, if the hotel is responsible for violating its obligations, or other damages based on intentional or grossly negligent breaches of obligation and damage caused by wilful or negligent violation of typical contractual obligations of the hotel. A breach of obligation by the hotel may also be incurred through any of its legal representatives or assistants. Should disruptions or defects in the performance of the hotel occur, then the hotel, upon being made aware or upon immediate complaint of the customer, will make every effort to remedy the situation. The customer is hereby required to make reasonable contributions to rectify the fault and to minimise any possible damage.
2. The hotel is liable to the customer for property brought onto the premises to the extent applicable under law. The hotel recommends making use of the room safe or central hotel safe to store property.
3. The allocation of a parking space in the hotel garage or a hotel car park, even if a fee is provided, does not constitute any kind of deposit/safekeeping agreement. The hotel shall not be held responsible for loss of or damage to motor vehicles or the contents thereof parked on hotel property except through wilful misconduct or gross negligence. For the exclusion of the customer´s claims for damages the regulations set out in the preceding No. 1, Sentences 2 to 4 apply accordingly.
4. Wake-up calls are carried out with the utmost care. Messages for guests are handled with care.
VIII. Final clauses
1. Changes and additions to the contract as well as the acceptance of the order or these Terms and Conditions must be made in writing. Unilateral amendments and supplements by the customer are not valid.
2. Performance and payment location is the hotel.
3. The exclusive place of jurisdiction – including for cheque and exchange disputes – for commercial transactions it the corporate headquarters of the hotel. If a contract party fulfils the requirements of the Code of Civil Procedure § 38, paragraph 2, and does not have general jurisdiction in the country, the jurisdiction of the corporate seat of the hotel applies.
4. German law applies. The application of the CISG and the conflict of laws are precluded.
5. If any provision of these Terms and Conditions become invalid or void, the validity of the remaining provisions shall not be affected. In all other matters, statutory regulations apply .