General terms and conditions for the hotel accommodation contract
These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel to the customer (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in writing, whereby §540 paragraph 1 sentence 2 BGB is waived unless the customer is a consumer. General terms and conditions of the customer only apply if this has been expressly agreed in writing beforehand.
2. Conclusion of contract, partner, limitation period
The contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the room booking in writing. The contractual partners are the hotel and the customer. If a third party has ordered for the customer, he is liable towards the hotel together with the customer as joint debtor for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party. All claims against the hotel generally expire one year after the statutory limitation period begins. Claims for damages become statute-barred after five years, insofar as they are not based on an injury to life, limb, health or freedom. These claims for damages become statute-barred after ten years. The limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
3. Services, prices, payment, offsetting
The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services. The customer is obliged to pay the hotel prices agreed or applicable for the provision of rooms and the other services used. This also applies to the hotel's services and expenses to third parties arranged by the customer. The agreed prices include the respective statutory sales tax. The hotel may make its consent to a subsequent reduction in the number of rooms booked, the service provided by the hotel or the length of stay of the customer dependent on the price of the room and / or the other services of the hotel increasing. Hotel invoices without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel can demand the immediate payment of due claims from the customer at any time. In the event of a delay in payment, the hotel is entitled to charge the applicable statutory default interest at the current rate of 8% or, in the case of legal transactions in which a consumer is involved, at 5% above the base rate. The hotel reserves the right to prove greater damage. The hotel is entitled to request a reasonable advance payment or security deposit in the form of a credit card guarantee, a down payment or similar from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. The statutory provisions remain unaffected in the case of advance payments or security deposits for package tours. In justified cases, e.g. If the customer is in arrears or extends the scope of the contract, the hotel is entitled, even after conclusion of the contract, to request an advance payment or security deposit as defined in number 5 above 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, at the beginning and during the stay, to request the customer to make an appropriate advance payment or security deposit in the sense of number 5 above for existing and future claims from the contract, insofar as such has not already been made in accordance with numbers 5 and / or 6 above. The customer can only offset or offset an undisputed or legally binding claim against a claim by the hotel.
4. Cancellation by the customer (cancellation) / non-use of the hotel's services (noshow)
A withdrawal of the customer from the contract concluded with the hotel requires the hotel's consent in writing. If this not happens, the agreed price from the contract must also be paid if the customer does not use contractual services. If a date for free cancellation of the contract in writing has been agreed between the hotel and the customer, the customer can withdraw from the contract until then without triggering payment or damage claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right to withdraw from the hotel in writing by the agreed date. In the case of rooms not used by the customer, the hotel must credit the income from renting these rooms to other parties as well as the saved expenses. If the rooms are not rented to any other person, the hotel can demand the contractually agreed remuneration and a flat-rate deduction for saved hotel expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the required amount.
5. Cancellation by the hotel
If it has been agreed in writing that the customer can withdraw from the contract free of charge within a certain period, the hotel is in turn entitled to withdraw from the contract during this period if there are requests from other customers for the contractually booked rooms and the customer on request from the hotel does not waive his right to withdraw. If an agreed advance payment or security deposit required according to Section III numbers 5 and / or 6 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 extraordinarily withdraw from the contract for objectively justifiable reasons, for example if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; Rooms or rooms culpably with misleading or false information of essential contractual facts, e.g. to the person of the customer or for the purpose of his stay; the hotel has reasonable grounds for believing that the use of the hotel's 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 domain or organizational area of the hotel; the purpose or the reason for the stay is illegal; there is a violation of the above-mentioned number I number 2. If the hotel withdraws justifiably, the customer is not entitled to compensation.
6. Room availability, handover and return of rooms
The customer is not entitled to the provision of certain rooms unless this has been expressly agreed in writing. 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 11:00 a.m. Thereafter, due to the delay in vacating the room for use beyond the contract, the hotel can charge 50% of the full lodging price (list price) until 6:00 p.m., from 6:00 p.m. 90%. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or significantly lower entitlement to usage fees.
7. Liability of the hotel
The hotel is liable for its obligations under the contract. Customer claims for compensation are excluded. This does not include damage resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damage based on an intentional or grossly negligent breach of duty by the hotel and damage based on an intentional or negligent breach of contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should faults or defects occur in the hotel's services, the hotel will endeavor to remedy the situation if the customer becomes aware of it or if the customer gives notice immediately. The customer is obliged to make a reasonable contribution to remedy the fault and to keep any damage to a minimum. The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other things with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel. If the customer is provided with a parking space in the hotel garage or in a hotel car park, also for a fee, this does not result in a custody contract. The hotel is not liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in the case of intent or gross negligence. For the exclusion of the customer's claims for damages, the provision of number 1, sentences 2 to 4 above applies accordingly. The hotel carries out wake-up calls with the greatest care. Messages, mail and consignments for guests are handled with care. The hotel takes care of delivery, storage and - if requested - forwarding for a fee. For the exclusion of claims for damages by the customer, the provision of number 1, sentences 2 to 4 above applies accordingly.
8. Final provisions
Changes and additions to the contract, the acceptance of applications or these general terms and conditions should be made in text form. Unilateral changes or additions by the customer are invalid. The place of fulfillment and payment is the location of the hotel. Exclusive place of jurisdiction - also for check and exchange disputes - in commercial transactions is the corporate seat of the hotel. If a contractual partner fulfills the requirement of §38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the corporate seat of the hotel. German law applies. The application of the UN sales law and the conflict of laws is excluded. Should individual provisions of these general terms and conditions be or become ineffective or void, this does not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply.