1.1 These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services provided by the hotel to the customer in this context (hotel accommodation contract). The term “Hotel Accommodation Agreement” shall include and replace the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
1.2 The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form. § Section 540 (1) sentence 2 of the German Civil Code (BGB) shall not apply if the customer is not a consumer within the meaning of Section 13 of the German Civil Code (BGB).
1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in text form in advance.
2. REVENUE CONCLUSION, PARTNERS, STATUTE OF LIMITATIONS
2.1 Contractual partners are the hotel and the customer. The contract is concluded by the acceptance of the customer’s application by the hotel. The hotel is free to confirm the room booking in text form.
2.2 All claims against the hotel are generally subject to a limitation period of one year from the start of the statutory limitation period. This does not apply to claims for damages based on injury to life, limb, health or freedom or on an intentional or grossly negligent breach of duty or the breach of a material contractual obligation of the hotel.
3. SERVICES, PRICES, PAYMENT, OFFSETTING
3.1 The hotel is obligated to keep the rooms booked by the customer available and to provide the other agreed services.
3.2 The customer is obligated to pay the prices agreed upon or usually charged by the hotel for the provision of rooms and other services used by him. This also applies to services arranged by the customer himself or through the hotel, which are provided by third parties and paid for by the hotel.
3.3 The agreed prices shall include the taxes and local charges applicable at the time of the conclusion of the contract. Not included are local taxes that are owed by the guest according to the respective local law, such as visitor’s tax.
In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion and performance of the contract exceeds four months.
3.4 The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, in the other services provided by the hotel or in the customer’s length of stay conditional upon a reasonable increase in the price for the rooms and/or for the other services provided by the hotel.
3.5 Invoices of the hotel without due date are payable immediately // within 10 days after receipt without deduction. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of late payment, the hotel is entitled to charge the applicable statutory interest on arrears. The hotel reserves the right to prove higher damages.
3.6 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in the contract in text form. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
3.7 In justified cases, for example payment arrears on the part of the customer or expansion of the scope of the contract, the hotel is entitled, even after conclusion of the contract until the beginning of the stay, to demand an advance payment or security deposit within the meaning of the above section 3.6 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.8 Furthermore, the hotel is entitled to demand from the customer a reasonable advance payment/total payment or security deposit within the meaning of clause 3.6 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such a payment has not already been made in accordance with clause 3.6 above and/or clause 3.7.
3.9 The customer may only set off undisputed or legally established claims against claims of the hotel or exercise a right of retention.
3.10 The Customer agrees that the invoice may be sent to him electronically.
4. WITHDRAWAL OF THE CUSTOMER (CANCELLATION) /
NON-UTILIZATION OF THE HOTEL’S SERVICES (NO SHOW)
4.1 Withdrawal by the customer from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract.
4.2 The customer’s right of withdrawal shall expire if he does not exercise his right of withdrawal vis-à-vis the hotel in text form within the agreed period or by the agreed date.
4.3 If the customer does not withdraw from the contract, the hotel retains the right to the agreed remuneration despite the non-utilization of the service. However, the hotel has to take into account the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not otherwise rented out, the hotel may make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 100% of the contractually agreed price for accommodation with or without breakfast and for package arrangements with third-party services. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.
5. WITHDRAWAL OF THE HOTEL
5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract during this period if there are inquiries from third parties regarding the contractually booked rooms and the customer does not waive its right to withdraw upon inquiry by the hotel with a reasonable deadline. This applies accordingly to the granting of an option if other inquiries exist and the customer is not prepared to make a firm booking upon inquiry by the hotel with a reasonable deadline.
5.2 If an advance payment or security deposit agreed or demanded pursuant to Section 3.6 and/or Section 3.7 is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to rescind the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for an objectively justified reason, in particular if
– force majeure or other circumstances beyond the control of the hotel make it impossible to fulfill the contract;
– rooms or spaces are culpably booked with misleading or false information or concealment of material facts.
Material facts are in particular the identity of the customer, the ability to pay or the purpose of stay.
– the hotel has reasonable grounds to believe that the use of the hotel’s 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;
– the purpose or reason for the stay is unlawful;
– there is a violation of the above-mentioned clause 1.2.
5.4 The justified withdrawal of the hotel does not entitle the customer to compensation.
6. ROOM PROVISION, HANDOVER AND RETURN
6.1 The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed in text form.
6.2 The hotel’s reception desk is staffed daily from 08:00 to 18:00, unless otherwise notified by a notice at the reception desk.
6.3 Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no right to earlier provision.
6.4 In the event of the Customer’s arrival outside the times specified in Section 6.2, the Customer shall be obliged to notify the Hotel thereof in good time, but no later than 5:00 p.m. on the day of arrival. In this case, the customer receives the key card of the booked room through a locker located in front of the entrance door of the hotel reception. The access data for the safe deposit box will be sent to the customer by e-mail in due time. If the customer cannot make use of the hotel’s service due to the lack of timely notification, section 4.3 shall apply accordingly.
6.5 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. Thereafter, due to the late vacating of the room, the hotel may charge 50% of the regular overnight rate (list rate) for its use in excess of the contract until 6:00 p.m. and 90% from 6:00 p.m. onward. Contractual claims of the customer are not justified by a delayed return. The customer is free to prove that the hotel has no or a significantly lower claim for compensation for use.
7. LIABILITY OF THE HOTEL
7.1 The hotel shall be liable for damages arising from injury to life, body or health that are based on an intentional or negligent breach of duty by the hotel. Furthermore, the hotel shall be liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel as well as for damages resulting from an intentional or negligent breach of a material contractual obligation by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded.
7.2 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 keep any possible damage to a minimum.
7.3 The hotel shall be liable to the customer for items brought in in accordance with the statutory provisions.
7.4 Insofar as a parking space is made available to the Customer in the hotel parking lot, also against payment, the Terms and Conditions for Parking Garages and Hotel Parking Lots (AGBP) of the hotel shall apply in their respective version.
7.5 Wake-up orders are not executed by the hotel.
Messages for customers are handled with the usual care. The hotel can, after prior agreement with the customer, take over the acceptance, storage and – on request – against payment the forwarding of mail and merchandise shipments. The hotel shall only be liable in this respect in accordance with the above section 7.1, sentences 1 to 4.
8. FINAL PROVISIONS
8.1 Amendments and supplements to the hotel accommodation contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions are invalid.
8.2 The place of performance and payment shall be the registered office of the hotel.
8.3 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 the customer does not have a general place of jurisdiction in Germany, the registered office of the hotel shall be the exclusive place of jurisdiction.
8.4 German law shall apply.
8.5 In accordance with the legal obligation, the Hotel points out that the European Union has established an online platform for the out-of-court settlement of consumer disputes (“OSPlatform”): http://ec.europa.eu/consumers/odr//.
However, the hotel does not participate in dispute resolution proceedings before a consumer arbitration board.
8.6 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.