I. Area of application
1. These terms and conditions apply to contracts for the rental provision of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel to the customer.
2. The subletting or subletting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel, whereby section 540 (1) sentence 2 BGB is waived unless the customer is a consumer.
3. The customer’s terms and conditions only apply if this has been expressly agreed in writing beforehand.
II. Conclusion of contract, – partner; Statute of limitations
1. The contract is concluded when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in writing.
2. 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.
3. In principle, all claims against the hotel become statute-barred one year from the start of the knowledge-dependent period of limitation according to Section 199 (1) BGB. Claims for damages become statute-barred after five years, regardless of knowledge. The limitation periods do not apply to liability for other damages that are based on a grossly negligent breach of duty by the hotel or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the hotel. Furthermore, they do not apply to liability for damage resulting from injury to life, limb or health, which is based on a negligent breach of duty by the hotel or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the hotel.
III. Services, prices, payment, offsetting
1. The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
2. The customer is obliged to pay the hotel’s applicable or agreed prices for the provision of rooms and the other services used. This also applies to services and expenses of the hotel arranged by the customer to third parties.
3. The agreed prices include the respective statutory sales tax. If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally charged by the hotel for such services increases, then this can increase the contractually agreed price appropriately, but at most by 5%.
4. The hotel may also change the prices if the customer subsequently wishes to change the number of rooms booked, the service provided by the hotel or the length of stay of the guests and the hotel consents to this.
5. Hotel invoices without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel is entitled to demand accrued claims at any time and to request immediate payment. In the event of a delay in payment, the hotel is entitled to demand the applicable statutory default interest of currently 9 percentage points or, in the case of legal transactions in which a consumer is involved, of 5 percentage points above the respective base rate. The hotel reserves the right to prove greater damage.
6. The hotel is entitled to request 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 must be agreed in writing in the contract.
7. The customer can only offset or reduce an undisputed or legally established claim against a claim by the hotel.
IV. Withdrawal by the customer (i.e. cancellation, cancellation) / non-use of the hotel services
1. Cancellation by the customer of the contract concluded with the hotel requires the hotel’s written consent. If this does not take place, the agreed price from the contract must be paid even if the customer does not use contractual services. This does not apply in the event of a violation of the hotel’s obligation to consider the rights, legal interests and interests of the customer, if the customer can no longer be expected to adhere to the contract or if there is another statutory or contractual right of withdrawal.
2. If a date for free cancellation of the contract has been agreed in writing 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, unless the customer has withdrawn in accordance with number 1 sentence 3.
3. In the case of rooms not used by the customer, the hotel must credit the income from renting the rooms to others and the saved expenses.
4. The hotel is free to request the contractually agreed remuneration and to deduct a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 80% of the contractually agreed price for overnight stays with or without breakfast, 70% for half board and 60% for full board arrangements. The customer is free to prove that the above claim has not arisen or has not arisen in the required amount.
V. Cancellation of the hotel
1.If a free right of withdrawal of the customer has been agreed in writing within a certain period, the hotel is entitled to withdraw from the contract during this period if there are requests from other customers for the contractually booked rooms and the customer has the right to the hotel upon request Cancellation not waived.
2. If an agreed advance payment or the advance payment requested according to Clause III No. 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.
3. 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 with misleading or false information about essential 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 services may endanger the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the sphere of control or organization of the hotel;
• there is a violation of Clause I No. 2 above.
4. In the event of a justified withdrawal by the hotel, the customer is not entitled to compensation.
VI. Room provision, handover and return
1. The customer is not entitled to the provision of certain rooms.
2. 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.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 11:00 am.
VII. Liability of the hotel
1. The hotel is liable with the care of a prudent businessman for his obligations from the contract. Customer claims for compensation are excluded. This does not include damage resulting from injury to life, limb or health if liability is based on a negligent breach of duty by the hotel or an intentional or negligent breach of duty by the hotel or vicarious agents of the hotel. Liability for other damages that are based on a grossly negligent breach of duty by the hotel or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the hotel is also excluded from the exclusion of liability. If 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 contribute what is reasonable to him to remedy the fault and to keep possible damage to a minimum.
2. The hotel is liable to the customer for items brought in according to the statutory provisions, which is up to a hundred times the room price, up to a maximum of € 3,500, and for money, securities and valuables up to € 800. Money, securities and valuables can be kept in the hotel safe. The hotel recommends that you use this option. Liability claims expire if the customer does not notify the hotel immediately after gaining knowledge of loss, destruction or damage (§ 703 BGB). For further liability of the hotel, the above number 1 sentences 2 to 4 apply accordingly.
3. 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. Number 1 sentences 2 to 4 above apply accordingly.
4. Wake-up calls are carried out by the hotel with the greatest care. Messages, mail and consignments for guests are handled with care. The hotel will take care of delivery, storage and – if requested – forwarding for a fee. Number 1 sentences 2 to 4 above apply accordingly.
VIII. Final provisions
1. Changes or additions to the contract, the acceptance of applications or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
2. The place of fulfillment and payment is the seat of the hotel.
3. The exclusive place of jurisdiction – also for check and exchange disputes – is, if the customer is an entrepreneur, the seat of the hotel. If a contractual partner fulfills the requirement of § 38 Para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the seat of the hotel.
4. German law applies. The application of the UN sales law and the conflict of laws is excluded.
5. Should individual provisions of these general terms and conditions for hotel accommodation be or become ineffective or void, this does not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply.