General terms and conditions for the hotel accommodation contract
I. Scope
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 for the customer.
The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
The customer’s terms and conditions shall only apply if this has been expressly agreed in writing in advance.
II. Conclusion of Contract, Contracting Parties; Statute of Limitations
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 writing.
Contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
All claims against the hotel are generally subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB. Claims for damages are subject to a limitation period of five years, irrespective of knowledge.. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. 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 obligated to pay the prices of the hotel applicable or agreed upon for the provision of the room and the other services used by the customer. This also applies to services and expenses of the hotel to third parties initiated by the customer.
The agreed prices include the respective statutory value added tax. If the period between the conclusion and fulfillment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a reasonable amount, but by no more than 5%.
Furthermore, the prices may be changed by the hotel if the customer subsequently requests changes in the number of booked rooms, the hotel’s service or the guests’ length of stay and the hotel agrees.
Invoices of the hotel without due date are payable within 10 days from receipt of the invoice without deduction. The hotel is entitled to call in accrued claims at any time and demand immediate payment. In the event of late payment, the Hotel shall be entitled to charge the applicable statutory interest on arrears, currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove higher damages.
The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
IV. Withdrawal of the client (i. e. cancellation) /NON-ACCEPTANCE OF THE SERVICES OF THE HOTEL
Withdrawal of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this is not done, the agreed price from the contract must be paid even if the customer does not use contractual services. This shall not apply in the event of a breach of the hotel’s obligation to show consideration for the rights, legal assets and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is entitled to any other statutory or contractual right of withdrawal.
If a date for withdrawal from the contract free of charge has been agreed in writing between the hotel and the customer, the customer may 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 of withdrawal in writing to the hotel by the agreed date, unless there is a case of withdrawal of the customer according to number 1 sentence 3.
In the case of rooms not used by the customer, the hotel shall credit the income from renting the rooms to other parties as well as the saved expenses.
The hotel is free to demand the contractually agreed remuneration and to make a flat-rate deduction for saved expenses. In this case the customer is obliged to pay at least 80% of the contracted price for accommodation with or without breakfast, 70% for half board and 60% for full board arrangements.
V. Withdrawal of the hotel
If the customer’s right to withdraw from the contract free of charge within a certain period of time has been agreed upon in writing, the hotel is entitled for its part to withdraw from the contract within this period of time 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.
If an agreed advance payment or an advance payment demanded above in accordance with Clause III No. 6 is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.
Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for an objectively justified reason, for example if – force majeure or other circumstances beyond the control of the hotel make it impossible to fulfill the contract; – rooms are booked under misleading or false statement of material facts, e.g. in the person of the customer or the purpose; – the hotel has reasonable grounds to believe that the use of the hotel service 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; – there is a violation of clause I No. 2 above.
In the event of justified withdrawal by the hotel, the customer shall not be entitled to compensation.
VI. Room provision, handover and return
The customer does not acquire the right to the provision of certain rooms.
Booked rooms are available to the customer from 15.00 on the agreed day of arrival. The customer has no right to earlier provision.
On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. Thereafter, due to the late vacating of the room, the hotel may charge 50% of the full accommodation price (list price) for its use in excess of the contract until 6:00 p.m., and 100% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. He is at liberty to prove that the hotel has not incurred any or a significantly lower claim for compensation for use.
VII. Liability of the hotel
The hotel is liable for its obligations under the contract with the diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health, if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. In the event of disruptions or deficiencies in the hotel’s services, the hotel will endeavor to remedy the situation if it becomes aware of them or if the customer complains about them without delay. 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.
The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of € 3,500, and for money, securities and valuables up to € 800. Money, securities and valuables can be stored in the hotel or room safe up to a maximum value of € 1000. The hotel recommends making use of this option. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). For further liability of the hotel, the above number 1 sentences 2 to 4 apply accordingly.
Insofar as a parking space is made available to the customer in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a custody agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall not be liable, except in cases of intent or gross negligence. Number 1 sentences 2 to 4 above shall apply mutatis mutandis.
Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and merchandise shipments for guests are handled with care. The hotel will take care of the delivery, storage and – on request – forwarding of the same against payment. Number 1 sentences 2 to 4 above shall apply mutatis mutandis.
VIII. Final Provisions
Changes or amendments to the contract, acceptance of application or these Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
The place of performance and payment is the registered office of the hotel.
The exclusive place of jurisdiction – also for disputes regarding checks and bills of exchange – in commercial transactions is the registered office of the hotel. Insofar as a contracting party fulfills the prerequisite of § 38 para. 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be 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 for Hotel Accommodation 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.
