General Terms and Conditions for the rental of hotel rooms
I. Scope of application
These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and supplies provided to the customer by the hotel. 2.
2. 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 para. 1 sentence 2 of the German Civil Code (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, Contracting Parties; Statute of Limitations
The contract is concluded by the hotel’s acceptance of the customer’s application. The hotel is free to confirm the room reservation in writing.
The contracting parties are the hotel and the customer. If a third party has placed an order on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
All claims against the hotel shall become statute-barred one year after the beginning of the regular statute of limitations according to § 199 para. 1 BGB (German Civil Code). Claims for damages shall become statute-barred after five years, irrespective of knowledge. The reductions in the statute of limitations do 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 obligated to keep the rooms booked by the customer available and to provide the agreed services.
The customer is obligated to pay the prices of the hotel applicable or agreed upon for the provision of the rooms and the other services used by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer.
3. Die vereinbarten Preise schließen die jeweilige gesetzliche Mehrwertsteuer ein. Überschreitet der Zeitraum zwischen Vertragsabschluss und Vertragserfüllung vier Monate und erhöht sich der vom Hotel allgemein für derartige Leistungen berechnete Preis, so kann dieses den vertraglich vereinbarten Preis angemessen, höchstens jedoch um 5% anheben.
4. Die Preise können vom Hotel ferner geändert werden, wenn der Kunde nachträglich Änderungen der Anzahl der gebuchten Zimmer, der Leistung des Hotels oder der Aufenthaltsdauer der Gäste wünscht und das Hotel dem zustimmt.
5. Rechnungen des Hotels ohne Fälligkeitsdatum sind binnen 10 Tagen ab Zugang der Rechnung ohne Abzug zahlbar. Das Hotel ist berechtigt, aufgelaufene Forderungen jederzeit fällig zu stellen und unverzügliche Zahlung zu verlangen. In the event of late payment, the Hotel shall be entitled to charge the applicable statutory interest on arrears, currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove higher damages. Cost absorption is only possible with the written consent of the hotel. 6.
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.
The customer may only set off or reduce a claim against a claim of the hotel with an undisputed or legally binding claim.
IV. Withdrawal of the customer (i. e. cancellation) / non-utilization of the hotel’s services
1. the guest may withdraw from the hotel accommodation contract at any time. If the parties have agreed on a withdrawal period in writing, no cancellation fees will be charged in case of withdrawal during the agreed period. After the expiration of the period or if no such period has been agreed, the hotel shall be entitled to reasonable compensation, provided that the hotel is neither in default of performance nor the agreed performance is impossible for the hotel. The hotel has the right to charge a cancellation fee in accordance with the following: In the case of changes or cancellations of reserved hotel rooms, meeting rooms or arrangements, will be charged:
up to 8 days prior to arrival no charge
8 to 0 days before arrival 50 % of the booked services
V. Cancellation by the hotel
1. during the period of an agreed right of withdrawal, the hotel is also entitled to withdraw if there are other requests for the booked rooms and the guest does not waive his right of withdrawal upon further inquiries by the hotel. Otherwise, the hotel is entitled to withdraw in particular if
– the hotel has reasonable grounds to believe that the accommodation of the guest may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public, without these circumstances being attributable to the hotel’s sphere of control and organization;
– an agreed advance payment is not made after a grace period set by the hotel.
In the event of justified withdrawal by the hotel, a claim for damages by the guest is excluded.
2. furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons, for example, if force majeure or other circumstances beyond the hotel’s control make it impossible to fulfill the contract; rooms are booked under misleading or false statements of material facts, e.g. the hotel has reasonable grounds to believe that the use of the hotel services may jeopardize the smooth operation 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 organization; there is a violation of clause I No. 2 above.
In the event of justified withdrawal by the hotel, the customer shall have no claim for damages.
VI. room provision, handover and return
(1) The customer has no claim to the provision of specific rooms.
2. booked rooms are available to the customer from 2:00 p.m. on the agreed day of arrival. The customer has no right to earlier provision.
On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for late vacating of the room for its use in excess of the contract until 6:00 p.m., and 100% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotel has not incurred any or a significantly lower claim to a usage fee.
VII Liability of the Hotel
(1) The hotel shall be liable for its obligations under the contract with the due care and diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, other damages resulting from an intentional or grossly negligent breach of duty by the hotel and damages resulting from an intentional or negligent breach of typical contractual duties by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or deficiencies in the hotel’s services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and minimize any possible damage.
The hotel shall be 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 € 3,500, and for money, securities and valuables up to € 800. Money, securities and valuables may be stored in the hotel or room safe up to a maximum value of € (insert sum insured by the hotel). The hotel recommends making use of this possibility. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). Any further liability on the part of the hotel shall be governed by the foregoing number 1, sentences 2 to 4, mutatis mutandis. 3.
The hotel is also not liable for damage caused by parking vehicles in the hotel’s parking lot, even if the use of the parking lot is expressly indicated or a fee is charged. This does not apply if the hotel or its vicarious agents are responsible for gross negligence or intent. The same applies to the execution of wake-up orders or the forwarding of messages for or on behalf of the guest.
Insofar as the aforementioned claims are not reported to the hotel immediately after becoming known, they shall expire. 4.
4. wake-up orders shall be executed by the hotel with the utmost care.
VIII Final Provisions
1. changes or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
2. place of performance and payment is the registered office of the hotel.
The exclusive place of jurisdiction – also for disputes regarding checks and bills of exchange – in commercial transactions shall be the registered office of the hotel. If a contractual partner fulfills the requirements of § 38 para. 2 ZPO (German Code of Civil Procedure) and does not have a 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 shall be excluded.
5. should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.