General Terms and Conditions of Business for Hotel Accommodation Contract
1 SCOPE OF VALIDITY
1.1 These Terms and Conditions of Business apply to contracts concerning the rental of hotel rooms for accommodation purposes as well as all services and deliveries provided by the hotel for the customer.
1.2 Subletting or further rental of the rented rooms to other parties or their use for any purpose other than accommodation require the advance consent of the hotel in writing, whereby § 540 Section 1 Clause 2 of the German Civil Code (BGB) does not apply if the customer is not the consumer.
1.3 The terms and conditions of business of the customer are only applicable if these are expressly agreed to in advance in writing.
2 CONCLUSION OF THE CONTRACT, PARTIES TO THE CONTRACT; STATUTE OF LIMITATIONS
2.1 The Contract is concluded upon the hotel’s acceptance of the customer’s request (oral). Confirmation of the room booking is at the hotel’s discretion.
2.2 The parties to the Contract are the hotel and the customer. If a third party has placed the order for the customer, this party is liable on behalf of the customer for all obligations arising from the Hotel Accommodation Contract, if the hotel has a corresponding declaration from the third party.
2.3 All claims brought against the hotel are subject to a statute of limitations of one year from the start of the regular statute of limitations of § 199 Section 1 BGB dependent on knowledge of the claim. Claims for damages are subject to a statute of limitations of five years independent of knowledge of the claim. Shortened statutes of limitations do not apply to claims arising as a result a maliciously intentional or grossly negligent violation of an obligation on the part of the hotel.
2.4 We recommend taking out travel cancellation insurance.
3 SERVICES, RATES, PAYMENT, SET-OFF
3.1 The hotel is obliged to make the rooms the customer has booked available and render the services agreed upon.
3.3 The customer is obliged to pay the applicable and/or agreed upon rates of the hotel for the room rental and any other services provided to the customer. This also applies to services whose arrangement was initiated by the customer and expenses paid to third parties by the hotel.
3.3 The rates agreed upon include the applicable value added tax. If a time period of four months elapses between the conclusion of the Contract and the fulfilment of the Contract, and if the price generally calculated by the hotel for such services increases, then the hotel is entitled to appropriately raise the contractually agreed upon price, albeit this increase is limited to maximum 5 %.
3.4 Moreover, the hotel can change the rates if the customer retrospectively wishes to change the number of rooms booked, the services rendered by the hotel or the duration of the guests’ stay, and the hotel agrees to such changes.
3.5 Invoices issued by the hotel without a due date are payable without deduction within 10 days from the receipt of the invoice. The hotel is entitled to specify accrued outstanding accounts as due at any time and demand immediate settlement. In case of payment arrears, the hotel is entitled to demand payment of the corresponding applicable interest, currently in the amount of 8 %, and/or, in the case of transactions involving a consumer, in the amount of 5 % above the prime lending rate. The hotel retains the right to prove greater damage.
3.6 Upon conclusion of the Contract or thereafter, the hotel is entitled to demand an appropriate advance payment or security deposit, with consideration of the applicable provisions for package tours. The amount of the advance payment and the payment deadlines can be agreed upon in writing in the Contract.
3.7 Only in the case of an undisputed or legally valid claim can the customer offset or reduce an amount owed to the hotel.
4 CUSTOMER’S WITHDRAWAL FROM THE CONTRACT (i.e. counter-order, cancellation)/FAILURE TO USE OF THE SERVICES OF THE HOTEL
4.1 All cancellations must be submitted in writing.
4.2 Rooms (up to 14 persons – individual guests):
The booking is guaranteed with your written or phone confirmation of the room reservation. In the case of a cancellation or change in the booking, the following cancellation charges apply
- Up to 1 week prior to arrival – free of charge (with the exception of “season” periods, see below)
- Cancellation 6 days or fewer prior to the date of arrival – 80 % of the stay (no charge for half board)
- Early departure – 100 % of the remaining stay (no charge for half board)
Terms of cancellation at Christmas and New Year’s (between 20 December and 6 January)
- Up to 4 weeks prior to arrival – free of charge
- Cancellation after this with 100 % of the stay with Christmas or New Year’s menu
Terms of cancellation during “season” periods
- Up to 2 weeks prior to arrival – free of charge
- Cancellation after this point – 80 % of the stay for (no charge for half board)
4.3 Rooms (from 15 persons – group arrangements):
The following terms of cancellation apply to reservations for more than 15 persons (group arrangements)
Up to 90 days prior to arrival – complete cancellation possible
Up to 45 days prior to arrival – up to 50 % of the agreed upon room nights
Up to 30 days prior to arrival – up to 20 % of the agreed upon room nights
Up to 10 days prior to arrival – up to 10 % of the agreed upon room nights
If the reservation comprises more than 200 room nights, then the above-mentioned periods increase by 10 days respectively.
5 HOTEL’S WITHDRAWAL FROM THE CONTRACT
5.1 If it has been arranged that the customer can withdraw from the Contract free of charge by a specific deadline, the hotel for its part is entitled to withdraw from the Contract during this time period if it has enquiries from other customers for the contractually booked rooms and the customer does not forgo its right to withdrawal at the request of the hotel.
5.2 If advance payment, either agreed upon or as required above as per Section III No. 6, is not made even after expiration of an appropriate deadline set by the hotel, then the hotel is also entitled to withdraw from the Contract.
5.3 Moreover, the hotel is entitled to extraordinary withdrawal from the Contract for materially justified reasons, e.g. if a) acts of God or other circumstances for which the hotel is not liable render fulfilment of the Contract impossible;
- b) rooms are booked with specification of information which is misleading or false, e.g. in terms of the customer’s person or purpose;
- c) the hotel has reason to assume that the use of the hotel’s services may jeopardize the business operations, security or reputation of the hotel vis-à-vis the general public, without such lying within the hotel’s scope of control or organization;
- d) there is a violation of the above Section I No. 2.
5.4 In the case of the hotel’s withdrawal for cause, the customer will not be entitled to assert claims for compensation.
6 PAYMENT – ADVANCE PAYMENT
6.1 Advance payment amounting to half of the costs can be requested for the reservation. This must be specified in writing.
6.2 If advance payments requested by the hotel are not settled by the specified deadline (if no deadline is set: no later than 90 days prior to arrival), then such immediately releases the hotelier from the agreed upon arrangements.
7 ROOM PROVISION, ROOM HANDOVER AND ROOM RETURN
7.1 The customer does not acquire any right to the provision of specific rooms.
7.2 Booked rooms are made available to the customer from 3:00 pm onwards on the agreed upon day of arrival. The customer is not entitled to such provision at an earlier time.
7.3 On the day of departure, the rooms are to be vacated and made available to the hotel no later than 12:00 noon. After this time, the hotel is able to charge 50 % of the full price of the accommodation (list price) for delayed vacating of the room up to 6:00 pm, and 100 % after 6:00 pm, for use which exceeds the Contract. The customer’s contractual claims are not affected by this. The customer is entitled to prove that the hotel has no or materially less claim to payment for use.
8 LIABILITY OF THE HOTEL
8.1 The hotel is liable with the diligence of a prudent businessman for its obligations arising from the Contract. Claims of the customer’s for compensation for damages are excluded. Excluded from this are damages arising from injury to life, body or health if the hotel is liable for the violation of an obligation, other damages which arise as a result of malicious intent or gross negligence on the part of the hotel or damages which arise from maliciously intentional or grossly negligent violation of typical contractual obligations of the hotel. The violation of an obligation by a legal representative or vicarious agent is the equivalent of such on the part of the hotel. If malfunctions or defects occur in the services provided by the hotel, upon gaining knowledge of such or upon immediate complaint lodged by the customer, the hotel will make every effort to remedy the problem. The customer is obligated to make any reasonable contribution to remedying the problem and to keeping damage to a minimum.
8.2 The hotel is liable vis-à-vis the customer for items brought into the hotel up to an amount of one hundred times the room rate, up to a maximum of € 3,500, as well as for cash, stocks and bonds and valuables up to € 800. Cash, stocks and bonds and valuables up to a maximum value of € 20,000 can be kept in the hotel safe; cash, stocks and bonds and valuables up to a maximum value of € 2,000 can be kept in the room safe. The hotel recommends the use of these safes. Liability claims become void unless the customer notifies the hotel immediately upon becoming aware of such loss, destruction or damage (§ 703 BGB). For further liability of the hotel, the above-mentioned Number 1 Clauses 2 to 4 apply accordingly.
8.3 If the customer is provided with a parking space in the hotel garage or hotel parking lot, such does not constitute a custody agreement, even if payment is made. The hotel is not liable in case of loss or damage of vehicles parked on the hotel premises by the customer or hotel staff, or loss or damage of the contents of such vehicles, unless such is a case of malicious intent or gross negligence. The above-mentioned Number 1 Clauses 2 to 4 apply accordingly.
8.4 The hotel makes wake-up calls with the utmost care. Messages, post and deliveries for the guests are handled with care. The hotel passes such on to the customer, stores such for the customer and – upon request – forwards such to the customer for a charge. The above-mentioned Number 1 Clauses 2 to 4 apply accordingly.
9 FINAL PROVISIONS
9.1 Amendments or additions to the Contract, of acceptance of the Contract or these Terms and Conditions for Hotel Accommodation are to be made in writing. Unilateral amendments or additions made by the customer are not valid.
9.2 The place of performance and place of payment is the site of the hotel.
9.3 The exclusive place of jurisdiction in commercial transactions – also for disputes concerning cheques and bills of exchange – is the site of the hotel. If a party to the Contract meets the requirements of § 38 Section 2 of the German Code of Civil Procedure (ZPO) and has no general place of business in Germany, the place of jurisdiction is the site of the hotel.
9.4 German law applies. The application of the UN Convention on Contracts and conflict of laws is excluded.
9.5 If individual provisions of these General Terms and Conditions of Business for Hotel Accommodation are or become invalid or null and void, this does not affect the validity of the remaining provisions. Legal regulations are applicable otherwise.