General terms and condition
- These terms and conditions apply to hotel accommodation contracts as well as all other services and deliveries provided to the guest by the hotel
- Deviating provisions, even if they are contained in the General Terms and Conditions of the guest or the person booking, shall not apply, unless they are expressly acknowledged by the hotel in writing
II Conclusion of the contract
- As a response to a booking request from the guest comes a corresponding booking confirmation from the hotel and a hotel reception contract (hereinafter referred to as the "contract").
- 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 customer together with the guest as joint debtor for all obligations under the contract, provided the hotel has a corresponding declaration by the customer
- Irrespective of this, any person placing an order is obliged to forward all information concerning the booking to the guest
- The sub-letting and re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel.
III Services, prices, payment, offsetting
- The hotel is obliged to keep available the rooms booked by the guest in accordance with these General Terms and Conditions and to render the agreed services.
- The guest is obliged to pay the hotel's applicable or agreed prices for the room rental and the other services used. This also applies to services and hotel expenses provided for third parties occasioned by the guest or the person who booked the room.
- This also applies to services provided by the guest or the customer and expenses on the part of the hotel towards third parties. If the period between the conclusion of the contract and the arrival of the guest exceeds four months and the statutory sales 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 the applicable sales tax or local taxes and duties have increased.
- 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 at the conclusion of the contract dependent on the price of the rooms and / or the hotel's other services being raised.
- Hotel bills are due for payment immediately upon receipt without deductions. 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/she 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 have been 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 claim for damage. For each reminder after default, the hotel may charge a reminder fee of EUR 5.00.
- The hotel is entitled to demand a reasonable advance payment or security deposit 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.
- In justified cases, e.g. payment arrears on the part of the guest or an extension of the scope of the contract, the hotel is entitled, up to the beginning of the stay, even after conclusion of the contract, to demand an advance payment or security in the sense of paragraph 5 above or an increase in the advance payment or security deposit agreed in the contract, which can be as much as the full agreed remuneration.
- 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, unless such has already been made in accordance with paragraph 5 and / or paragraph 6 above.
- The guest can only set off an undisputed or legally established claim against a claim on the part of the hotel.
IV Cancellation by the guest
- The hotel grants the guest the permanent right of withdrawal from the contract, whereby the
following provisions apply:
a. In the case of a withdrawal of the guest from the booking, the hotel is entitled to reasonable compensation.
b. The hotel has the option of claiming damages in the form of a lump-sum indemnity from the guest rather than a specifically calculated compensation. The compensation fee is:
- Cancellation up to 28 days before arrival: free of charge
- Cancellation up to 8 days before arrival: 50% of the contractually agreed package price
- Cancellation from 7 days before arrival or non-arrival or early departure: 90% of the contractually agreed package price
- For group bookings of 6 rooms or more , the following applies:
- Cancellation up to 57 days before arrival: free of charge
- Cancellation up to 28 days before arrival: 50% of the contractually agreed package price
- Cancellation from 27 days before arrival or non-arrival or early departure: 90% of the contractually agreed package price
- The guest is free to prove that the hotel has not incurred any loss or that the loss incurred is less than the required compensation.
- If the hotel calculates the actual amount of the compensation, the maximum amount of the compensation is the sum 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
- The above compensation provisions shall apply mutatis mutandis if the guest does not occupy the booked room or take advantage of the services booked without informing the hotel in good time.
- If the hotel has granted the guest an option in the contract to withdraw from the contract within a certain period of time without further legal consequences, it then has no claim for compensation. The legally binding date for this eventuality is the date the hotel receives the declaration of cancellation. The guest must explain the xcancellation in writing.
V Cancellation by the Hotel
- 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 have been received and the guest does not waive his right of free withdrawal according to section IV para.3 when requested to do so by the hotel.
- 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.
Furthermore, the hotel is entitled to withdraw from the contract, in particular if
- Force majeure or other circumstances for which the hotel is not responsible make fulfilment of the contract impossible;
- Rooms are booked on the presentation of misleading or incorrect material facts, e.g. concerning the person of the guest or the purpose of the booking;
- 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 the public eye, without this being attributable to the running or organization of the hotel;
- there is an unauthorized sublease pursuant to section II, paragraph 3;
- there is a case as in section VI, paragraph 3;
- the hotel becomes aware of circumstances that the financial situation of the guest has worsened considerably after the conclusion of the contract, in particular if the guest does not settle due claims of the hotel or if he/she does not provide adequate security and therefore claims for payment of the hotel appear endangered;
- 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 procedure for debt settlement or suspended his payments;
- insolvency proceedings are opened on the assets of the guest or the opening thereof is rejected for lack of assets;
- The hotel must inform the guest immediately of the exercise of the right of withdrawal in writing.
- In the aforementioned cases of cancellation, no claim on the part of the guest for damages arises.
VI Arrival and departure
- The guest has no claim to be provided with given rooms, unless the hotel has confirmed the provision of certain rooms in writing. Booked rooms are available to the guest from 3 pm on the agreed arrival day. The guest is not entitled to earlier provision.
- Booked rooms are to be claimed 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 cancellation.
- On the agreed day of departure, the rooms must be vacated for the hotel no later than 11:00 am. Thereafter, in addition to any loss resulting therefrom, the hotel may charge the room rate until 6 pm for the additional use of the room, from 6 pm 100% of the full valid price for the room.. The guest is free to prove to the hotel that it has suffered no, or a much smaller, loss.
VII Liability of the hotel, statute of limitations
- Should faults or deficiencies in the services of the hotel occur, the hotel will make an immediate attempt to provide for a remedy regarding the guest’s complaint. If the guest culpably omits to report a defect to the hotel, there is no entitlement to a reduction of the contractually agreed fee.
- 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.
- The hotel is only liable for all other damage which is not covered by section VII paragraph 2 and which is caused by slight negligence on the part of the hotel, its legal representatives or its vicarious agents, if this damage can be attributed to a 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.
- 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 brought by a guest against employees or vicarious agents of the hotel. They do not apply in cases of liability for a defect after acceptance of a guarantee of the condition of a thing or work where there are fraudulently concealed errors or personal injury results.
- For things brought into the hotel, the hotel is liable towards the guest according to the legal provisions, i.e., up to one hundred times the accommodation price, but not more than EUR 3,500.00. For valuables (cash, jewellery, etc.) this liability is limited to EUR 800.00. The hotel recommends making use of the possibility of storage in the central hotel safe.
- Insofar as the guest is provided with a parking space in the hotel garage or on a hotel car park, including for a fee, no custody agreement is concluded. There is no supervision obligation on the part of the hotel. In the case of loss of, or damage to, vehicles and their contents parked on the hotel property, the hotel is not liable, as far as the hotel, its legal representatives or its vicarious agents cannot be shown to have been guilty of intent or gross negligence. In this case, a claim for the damage must be made at the latest when leaving the hotel grounds opposite the hotel.
- Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except in the case of gross negligence or intent, are excluded.
- Messages, mail and merchandise for guests are treated with care. The hotel accepts the delivery, storage and - on request – the forwarding of such items for a small payment and, on request, also of lost property. Claims for damages, except in cases of gross negligence or intent, are excluded. The hotel is entitled to hand over the aforesaid items to the local lost property office after a one-month storage period at the latest, subject to a reasonable fee.
- Damage claims by the guest become statute-barred after two years at the latest from the time at which the guest becomes aware of the loss or damage, or, not taking this awareness into account, at the latest after three years from the time of the event which led to the damage. 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
- Amendments or additions to the contract, the acceptance of the application or of these general terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the guest are null and void. 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.
- Place of fulfilment and place of payment is the registered office of the hotel.
- Jurisdiction is - if the contracting party of the hotel is a merchant or a legal person of public law - the registered office 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.
- The law of the Federal Republic of Germany applies,. excluding UN sales law
- If individual provisions of these General Terms and Conditions for Hotel Accommodation are or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.