General Terms and Conditions for the Hotel Accommodation Agreement
- Conclusion of contract, - partner, statute of limitations
- The contract is concluded by the acceptance of the customer's request by the hotel. The hotel is free to confirm the room reservation in text form.
- Contractual partners are the hotel and the customer
- All claims against the hotel expire in principle one year from the statutory Limitation period. Claims for damages become statute-barred in five years. The limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
- Services, prices, payment, offsetting
- The hotel is obliged to keep the rooms reserved by the customer available and to provide the agreed services.
- The customer is obliged to pay the agreed or valid prices of the hotel for the room rental and the other services used by him. This also applies to services provided by the customer and expenses of the hotel to third parties. The agreed prices include the respective statutory value added tax.
- The hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel's services or the length of stay of the customer depending on the price of the hotel's rooms and other services being increased.
- The hotel is entitled to demand from the customer, upon conclusion of the contract, a reasonable advance payment or security deposit in the form of a credit card guarantee, a down payment or similar. The amount of the advance payment and the payment dates can be agreed in writing in the contract. For prepayments or security for package tours, the statutory provisions remain unaffected.
- The Hotel shall also be entitled, at the beginning and during the stay, to demand from the Customer a reasonable advance payment or security deposit in accordance with No. 5 above for existing and future claims under the contract, if not already provided under points 5 and / or 6 above has been.
- Cancellation of the customer (cancellation, cancellation) / non-use of hotel services (No Show)
- A resignation of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this is not the case, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This does not apply to breach of the hotel's obligation to take into account the rights, legal interests and interests of the customer, if the latter can no longer reasonably be expected to hold on to the contract, or if he has any other legal or contractual right of withdrawal.
- In the case of rooms not used by the customer, the hotel shall charge the income from other rental of these rooms as well as the saved expenses.
The following cancellation periods and terms of payment apply:
- Up to 30 days before arrival free of charge
- 29 to 22 days before departure 25% of the travel price
- 21 to 15 days before departure 35% of the travel price
- 14 to 8 days before departure 55% of the travel price
- 7 to 1 day before departure 80% of the travel price
- Resignation of the hotel
- f it has been agreed in writing that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract in this period, if there are inquiries from other customers to the contractually booked rooms and the customer on request of the hotel Right to resign is not waived.
- If an agreed advance payment or security deposit demanded pursuant to Section III Numbers 5 and / or 6 is not made even after expiry of a reasonable period of grace set by the hotel, the hotel is also entitled to withdraw from the contract.
- Furthermore, the hotel is entitled to withdraw from the contract for a materially justified reason, for example if
- Force majeure or other circumstances beyond the hotel's control make fulfillment of the contract impossible;
- Rooms are booked under misleading or false statements of material facts, eg the person of the customer or the purpose of his stay;
- the hotel has justified cause to believe that the use of the hotel services may 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;
- there is a violation of section I no. 2 above.
- In case of justified cancellation of the hotel no claim of the customer for compensation for damages arises
- Room preparation, - handover and return
- The customer does not acquire the right to provide certain rooms.
- Booked rooms are available to the customer from 14:00 on the agreed arrival day. The customer is not entitled to prior provision.
- On the agreed departure day, the rooms must be vacated to the hotel at 11:00 am. Thereafter, the hotel may charge 50% of the full accommodation price (list price) until 6:00 pm due to the delayed eviction of the room for its contractual use; 100% off at 18:00. Contractual claims of the customer are not justified by this. He is free to prove that the hotel has no or a much lower entitlement to user fees incurred.
- Liability of the hotel
- The hotel is liable with the care of a proper businessman for his obligations under the contract. Customer claims for compensation are excluded. This does not apply to 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 duty by the hotel and damages due to willful or negligent breach of duty contractual obligations of the hotel. A breach of duty of the hotel is equal to that of a legal representative or vicarious agent. In the event of any disruption or defect in the services provided by the hotel, the hotel will make every effort to remedy the situation, if the customer knows or is promptly notified. The customer is obliged to contribute to what is reasonable for him, in order to remedy the disturbance and to minimize possible damage.
- For things brought in the hotel is liable to the customer in accordance with the legal provisions, which is up to a hundred times the room price, a maximum of € 3,500, - for money, securities and valuables up to € 500, -. Money, securities and valuables can be stored in the hotel safe up to a maximum of € 10,000. The hotel recommends that you make use of this option.
- final provisions
- Changes 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 customer are invalid.
Place of fulfillment and payment is the seat of the hotel.
- German law applies. The applications of the United Nations Convention on Contracts for the International Sale of Goods and the conflict of laws are excluded.
- Should individual provisions of these General Terms and Conditions for the Hotel Accommodation Agreement be or become invalid or void, this shall not affect the validity of the remaining provisions.
If an appointment for free cancellation of the contract between the hotel and the customer has been agreed in writing, the customer can withdraw from the contract until then, without triggering payment or damage claims of the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless there is a case of the customer's resignation in accordance with section IV no. The following cancellation periods are agreed:
/li>The exclusive place of jurisdiction - also for check and bill of exchange disputes - is the corporate seat of the hotel in commercial transactions. If a contracting party fulfills the requirements of § 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the corporate seat of the hotel.