General terms and conditions for the hotel accommodation contract
- These terms and conditions apply to contracts for the lease of hotel rooms for accommodation as well as all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
- The subletting or re-letting of the leased rooms as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby section 540 (1) sentence 2 BGB (German Civil Code) is waived insofar as the customer is not a consumer.
- General terms and conditions of the customer only apply if this has been expressly agreed in advance.
2 CONCLUSION OF CONTRACT, PARTNER, STATUTE OF LIMITATIONS
- The contractual partners are the hotel and the customer. The contract is concluded when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in writing.
- All claims against the hotel become statute-barred one year from the statutory limitation period. This does not apply to claims for damages and other claims if the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3 SERVICES, PRICES, PAYMENT, SET-OFF
- 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 hotel’s agreed or applicable prices for rooms provided and for other services used by him. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel.
- The agreed prices include the taxes and local duties applicable at the time the contract is concluded. Not included are local taxes that are owed by the guest according to local law, such as visitor’s tax.
In the event of a change in the statutory sales tax or the introduction, change or abolition of local taxes on the object of performance after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfilment of the contract exceeds four months.
- The hotel can make its consent to a subsequent reduction in the number of booked rooms, the hotel’s services or the customer’s length of stay, as requested by the customer, dependent on the price of the rooms and / or other hotel services increasing.
- Hotel invoices without a due date are payable within ten days of receipt of the invoice without deduction. The hotel can demand immediate payment of due claims from the customer at any time. In the event of default in payment by the customer, the statutory provisions apply. The hotel reserves the right to provide evidence of higher damage.
- The hotel is entitled to request an appropriate 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 can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. In the event of default in payment by the customer, the statutory provisions apply.
- 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 in the sense of the above clause 3.6 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
- The hotel is also entitled to demand an appropriate advance payment or security deposit from the customer at the beginning of and during the stay within the meaning of clause 3.6 above for existing and future claims from the contract, insofar as such has not already been made in accordance with clause 3.6 and / or clause 3.7 above has been.
- The customer can only offset or set off an undisputed or legally binding claim against a claim by the hotel.
4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION) / FAILURE TO USE HOTEL SERVICES (NO SHOW)
- The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to a contract cancellation should be made in text form.
- If a date has been agreed between the hotel and the customer to withdraw from the contract free of charge, the customer can withdraw from the contract until then without triggering payment or compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right to withdraw as against the hotel by the agreed date.
- If a right of withdrawal has not been agreed, the date 7 days before the date of arrival applies as the last possible withdrawal date for every room booking. This must be done in writing. After that we charge 80% of the room rate. In the event of no-show without prior cancellation, we will charge 100% of the room rate. In the event of early departure, the hotel reserves the right to charge 80% of the room price for the missing nights up to the departure date. During the Oktoberfest and during trade fairs, however, cancellation free of charge must be made in writing up to 6 weeks before the day of arrival. Thereafter, 100% of the room rate will be charged.
5 WITHDRAWAL BY THE HOTEL
- If it was agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period if there are requests from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel with a reasonable deadline.
- If an advance payment or security deposit agreed or requested in accordance with clause 3.6 and / or clause 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
- Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons, in particular if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
- rooms are intentionally booked with misleading or false information or with concealment of material facts; material may be the identity of the customer, solvency or the purpose of stay;
- the hotel has justified reason to believe that the use of the service will jeopardise the smooth operation of the business, the security or the public reputation of the hotel
without this being attributable to the hotel’s sphere of control or organisation;
• the purpose or the reason for the stay is illegal;
• ethere is a violation of the above clause 1.2.
- The justified withdrawal of the hotel does not entitle the customer to compensation.
6 ROOM AVAILABILITY, DELIVERY AND RETURN
- The customer does not acquire the right to be provided specific rooms unless this has been expressly agreed.
- Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability.
- On the agreed departure date, the rooms must be vacated and made available to the hotel no later than 12:00 noon. Thereafter, due to the late vacating of the room, the hotel can charge 50% of the full accommodation price (list price) for use beyond the contract until 6:00 p.m., and 90% from 6:00 p.m. This does not establish contractual claims by the customer. He shall be at liberty to prove that the hotel has not incurred any claim to a charge for use or that the claim is substantially lower.
7 LIABILITY OF THE HOTEL
- The hotel is liable for injury to life, limb or health for which it is responsible. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract 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, unless otherwise regulated in this clause 7. Should disruptions or deficiencies in the hotel’s services occur, the hotel will endeavour to remedy the situation as soon as it becomes aware of this or upon immediate complaint by the customer. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
- The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends using the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than EUR 800 or other items with a value of more than EUR 3,500, this requires a separate storage agreement with the hotel.
- SIf the customer is provided with a parking space in the hotel garage or on the hotel car park, even for a fee, this shall not constitute a safekeeping agreement. In the event of loss of or damage to vehicles parked or manoeuvred on the hotel property and their contents, the hotel is only liable in accordance with clause 7.1, sentences 1 to 4 above.
- Wake-up calls are carried out by the hotel with great care.
Messages, mail and goods deliveries for guests are handled with care. The hotel will deliver, store and – on request – forward the same for a fee. The hotel is only liable in accordance with clause 7.1, sentences 1 to 4 above.
8 FINAL PROVISIONS
- Changes and additions to the contract, the acceptance of requests or these general terms and conditions should be made in writing. Unilateral changes or additions by the customer are invalid.
- The place of fulfilment and payment as well as the exclusive place of jurisdiction is the registered office of the hotel.
- German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
- 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 addition, the statutory provisions apply.