GENERAL TERMS AND CONDITIONS FOR THE HOTEL CONTRACT
1. These terms and conditions apply to hotel accommodation contracts as well as all services and deliveries of the hotel rendered to the guest.
2. Deviating provisions, even if they are contained in the general terms and conditions of the guest or the customer, shall not apply, unless they are expressly acknowledged by the hotel in writing.
II. Conclusion of the contract
1. In response to a written booking request from the guest, a hotel reception contract (hereinafter referred to as "contract") is concluded with a corresponding booking confirmation by the hotel or has been promised by telephone due to time constraints.
2. Contractual partners are the hotel and the guest. If a third party makes the booking for the guest, he is liable to the hotel as the purchaser together with the guest as joint debtor for all obligations under the contract, if the hotel has a corresponding declaration from the customer. Irrespective of this, every purchaser is obliged to forward all booking-relevant information to the guest.
3. The subletting and re-letting of the provided rooms as well as their use for purposes other than accommodation require the prior written consent of the hotel.
III. Services, prices, payment, offsetting
1. The hotel is obliged to keep the rooms booked by the guest available in accordance with these General Terms and Conditions and to render the agreed services.
2. The guest is obligated to pay the hotel's applicable or agreed prices for the room rental and the other services used by the guest. This also applies to services provided by the guest or the customer and expenses of the hotel towards third parties. The agreed prices are inclusive of the respective statutory sales tax. If the period between the conclusion of the contract and the arrival of the guest exceeds four months and the statutory value added tax or any local taxes and duties increase after conclusion of the contract, the hotel reserves the right to increase the agreed prices by the amount by which the incurring sales tax or local taxes and charges.
3. The hotel may make its consent to a reduction in the number of booked rooms, the hotel's services or the length of stay of the guest required by the guest after the conclusion of the contract dependent on the price of the rooms and / or the hotel's other services elevated.
4. Hotel bills are due for payment immediately upon receipt without deduction. The hotel can demand the immediate payment of due claims at any time from the guest. The guest is in default at the latest if he does not pay within 30 days of the due date and receipt of an invoice; this applies to a guest who is a consumer, only if these consequences are specifically indicated in the invoice. In case of late payment, the hotel is entitled to charge consumers interest on arrears at a rate of 5 percentage points above the base rate. In business transactions, the default interest rate is 8 percentage points above the base rate. The hotel reserves the right to assert a higher damage. For each reminder after default, the hotel may charge a reminder fee of EUR 5.00.
5. The hotel is entitled to require a reasonable advance payment or guarantee in the form of a credit card guarantee, a deposit or similar from the guest upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
6. In justified cases, eg payment arrears of the guest or extension of the contract scope, the hotel is entitled, even after conclusion of the contract until the beginning of the stay an advance payment or security in the sense of the above paragraph 5 or an increase in the contract agreed advance payment or security deposit until to demand the full agreed remuneration.
7. The hotel shall also be entitled to demand from the guest at the beginning and during the stay a reasonable advance payment or security deposit in the sense of the above paragraph 5 for existing and future claims under the contract, if not already mentioned in paragraph 5 above and / or paragraph 6.
8. The guest can only set off an undisputed or legally established claim against a claim of the hotel.
IV. Resignation of the guest, cancellation
1. The hotel grants the guest a permanent right of withdrawal. The following provisions apply:
a. In case of withdrawal of the guest from the booking, the hotel is entitled to reasonable compensation.
b. The hotel has the choice to assert compensation in the form of a lump sum compensation to the guest instead of a specifically calculated compensation. The compensation fee is:
Cancellation up to 2 days before arrival: free of charge
For group bookings of 6 rooms or more:
Cancellation up to 14 days before arrival: free of charge
Cancellation up to 8 days before arrival: 50% of the contractually agreed package price
The guest is free to prove that the hotel is not damaged or that the damage incurred by the hotel is lower than the required compensation.
c. If the hotel calculates the compensation, the amount of the compensation is max. the amount of the contractually agreed price for the services to be provided by the hotel less the value of the expenses saved by the hotel and what the hotel acquires through other uses of the hotel services.
2. The above provisions regarding the compensation shall apply accordingly if the guest does not make use of the booked room or the booked services without informing the hotel in good time.
3. If the hotel has granted the guest an option in the contract to withdraw from the contract within a certain period of time without any further legal consequences, the hotel has no claim for compensation. Decisive for the timeliness of the declaration of withdrawal is their access at the hotel. The guest must explain the withdrawal in writing.
V. Resignation of the hotel
1. If the guest has been granted a free right of withdrawal in accordance with section IV, paragraph 3, the hotel is also entitled to withdraw from the contract within the agreed period, if inquiries from other guests regarding the booked rooms are available and the guest on request of the hotel on his free Right of withdrawal according to section IV para.3 not waived.
2. If an agreed advance payment or security deposit demanded pursuant to section III (5) and / or 6 above is not made even after expiry of a grace period set by the hotel, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract, especially if
o Force majeure or other circumstances for which the hotel is not responsible make fulfillment of the contract impossible
o Rooms are booked under misleading or false statements of material facts, eg concerning the guest or purpose;
o the hotel has justified cause to believe that the use of the hotel services can jeopardize the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the control or organization of the hotel;
o there is an unauthorized sublease or sublease pursuant to section II, paragraph 3;
o there is a case in section VI, paragraph 3;
o the hotel becomes aware of circumstances that the financial circumstances of the guest have worsened significantly after the conclusion of the contract, in particular if the guest does not settle the receivables due from the hotel or if he does not provide adequate security and therefore the payment entitlements of the hotel appear endangered;
o the guest has submitted an application for insolvency proceedings over his assets, has submitted an affidavit pursuant to §807 of the German Code of Civil Procedure, initiated an out-of-court settlement or suspended payments;
o insolvency proceedings are opened on the assets of the guest or the opening of the same is rejected for lack of assets.
4. The hotel must immediately inform the guest of the exercise of the right of withdrawal in writing.
5. In the aforementioned cases of withdrawal, no claim of the guest for damages arises.
VI. Arrival and departure
1. The guest does not claim to be provided certain rooms, unless the hotel has confirmed the provision of certain rooms in writing.
2. Booked rooms are available to the guest from 3 pm on the agreed arrival day. The guest is not entitled to earlier provision.
3. Booked rooms are to be occupied by the guest at the latest by 6 pm on the agreed day of arrival. Unless a later arrival time has been expressly agreed, the hotel has the right to assign booked rooms to other guests after 6 pm without the guest being able to derive compensation claims from them. The hotel is entitled to a right of withdrawal.
4. On the agreed departure day, the rooms must be vacated to the hotel no later than 11:00 am. Thereafter, in addition to the damage resulting therefrom, the hotel may charge for the additional use of the room until 6 pm the daily room price, from 6 pm 100% of the full valid accommodation price. The guest is free to prove to the hotel, that this no or a much lower damage has occurred.
VII. Liability of the hotel, statute of limitations
1. Should faults or deficiencies in the services of the hotel occur, the hotel will make an immediate complaint to the guest, to provide for remedy. If the guest culpably omits to report a defect to the hotel, there is no entitlement to a reduction of the contractually agreed fee.
2. The hotel is liable according to the legal provisions for all damages resulting from injury to life, limb and health as well as in the case of the assumption of a guarantee on the part of the hotel and with fraudulently concealed deficiencies.
3. The hotel is only liable for all other damages which are not covered by section VII paragraph 2 and which are caused by slight negligence on the part of the hotel, its legal representatives or its vicarious agents, if these damages are based on the breach of a material contractual obligation or a cardinal obligation in a way that jeopardizes the purpose of the contract. In these cases the liability is limited to the foreseeable damage typical for the contract.
4. The above limitations of liability apply to all claims for damages regardless of their legal grounds, including claims arising from tort. The above limitations and exclusions of liability also apply in cases of any claims for damages of a guest against employees or vicarious agents of the hotel. They do not apply in cases of liability for a defect after taking over a guarantee for the condition of a thing or a work, with fraudulently concealed errors or with personal injury.
5. The property is liable to the guest according to the legal provisions for items brought in, ie up to a hundred times the accommodation price, but not exceeding EUR 3,500.00. For valuables (cash, jewelry, etc.) this liability is limited to EUR 800.00. The hotel recommends making use of the possibility of storage in the central hotel safe.
6. Insofar as the guest is provided with a parking space in the hotel garage or on a hotel car park, also for a fee, no custody agreement is concluded. There is no supervision of the hotel. In case of loss or damage on the hotel property parked or shunted vehicles and their contents, the hotel is not liable, as far as the hotel, its legal representatives or its vicarious agents are not responsible for intent or gross negligence. In this case, the damage must be claimed at the latest when leaving the hotel grounds opposite the hotel.
7. Wake-up calls are executed by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
8. Messages, mail and merchandise for guests are treated with care. The hotel accepts the delivery, storage and - on request - for reimbursement of the same and on request also for lost property. Claims for damages, except for gross negligence or intent, are excluded. The hotel is entitled to hand over the aforementioned items to the local lost property office after a one-month retention period at the latest, subject to a reasonable fee.
9. Damage claims of the guest become statute-barred after two years at the latest from the time at which the guest becomes aware of the damage, or at the latest after three years from the time of the damaging event, regardless of this knowledge. This does not apply to the liability for damages resulting from injury to life, limb or health as well as for other damages that are based on an intentional and grossly negligent breach of duty by the hotel, a legal representative or vicarious agents of the hotel.
VIII. Final provisions
1. Amendments or additions to the contract, the acceptance of the application or these general terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the guest are ineffective. In order to comply with the written form requirements specified in these General Terms and Conditions, it is also sufficient to submit the corresponding declaration by fax or e-mail.
2. Place of performance and place of payment is the domicile of the hotel.
3. Jurisdiction is - if the contracting party of the hotel is a merchant or a legal person of public law - the seat of the hotel. If the contractual partner of the hotel does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel. However, the hotel is entitled to bring actions and other legal proceedings at the general place of jurisdiction of the guest.
4. The law of the Federal Republic of Germany applies excluding the UN sales law.
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. In addition, the statutory provisions apply.
As of 09.03.2018