scope
1.1 These terms and conditions apply to contracts for the leasing of hotel rooms for accommodation as well as all in this connection for the customer other services and deliveries of the hotel (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest reception, hotel, hotel room contract.
1.2 The subletting or re-letting of the provided rooms and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived, as far asthe customer is not a consumer.
1.3 General terms and conditions of the customer only apply if this has been expressly agreed.
2 Conclusion of contract, 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 request by the hotel. The hotel is free to book the room in Text form to confirm.
2.2 All claims against the hotel expire in principle one year from the beginning of the statutory limitation period. This does not apply to claims for damages and other claims, provided that the latter is based on an intentional or grossly negligent breach of duty by the hotel.
3 Services, prices, payment, offsetting
3.1 The hotel is obliged to keep the rooms reserved by the customer available and to render the agreed services.
3.2 The customer is obliged to pay for the room service and the other services used by him agreed or applicable hotel prices. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and provided by the hotel.
3.3 The agreed prices include the applicable taxes and local taxes at the time of the conclusion of the contract. Not included are local taxes, which are owed by the guest according to the local law, such as visitor’s tax. In case of change of the legal value added tax or the new introduction, change or abolishment of local taxes on the object of performance after contract conclusion the prices become adjusted accordingly. For contracts with consumers, this only applies if the period between the conclusion of the contract and the performance of the contract exceeds four months.
3.4 The hotel may make its consent to a subsequent reduction of the number of booked rooms, the hotel’s services or the duration of the stay of the customer as required by the customer Price for the rooms and / or for the other services of the hotel increased.
3.5 Invoices of the hotel without a due date are within payable without deductions for ten days from receipt of the invoice. The hotel may demand the immediate payment of due claims from the customer at any time. In case of default of the customer the legal regulations apply. The hotel reserves the right to prove higher damages.
3.6 The hotel is entitled to demand a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract.
The amount of the advance payment and the payment dates can be agreed in text form in the contract. For prepayments or security for package tours, the statutory provisions remain unaffected. In case of late payment of the Customers are subject to the statutory regulations.
3.7 In justified cases, for example payment arrears of the customer or extension of the contract scope, the hotel is even after conclusion of the contract until the beginning of the stay an advance payment or security clause 3.6 above or an increase in the advance payment or security agreed in the contract by to claim full agreed remuneration.
3.8 The hotel is also entitled to make a reasonable pre-payment at the beginning and during the stay or to demand a security deposit within the meaning of section 3.6 above for existing and future claims under the contract, unless such a claim has already been made in accordance with the above Paragraph 3.6 and / or 3.7.
3.9 The customer can only offset against a claim of the hotel with an undisputed or legally enforceable claim or charge.
4 Resignation of the customer (cancellation, Cancellation / non-use of the benefits hotel (No Show)
4.1 A resignation of the customer from the contract concluded with the hotel is only possible if a right of withdrawal was 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 the possible agreement to a contract cancellation should be made in text form.
4.2 If an appointment for a free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract until then, without payment.
or damage claims of the hotel. The right of withdrawal of the customer expires if he does not have the right to withdraw from the contract by the agreed date Hotel exercises.
4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract
the hotel reserves the right to the agreed remuneration despite non-use of the service. The hotel has the Revenue from other rental of the rooms as well as the saved expenses. If the rooms are not otherwise rented, the hotel may deduct to save for saved expenses. The customer in this case is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast and for lump-sum arrangements with third-party services, 70% for half-board and 60% for full-board arrangements numbers. The customer is free to prove that the aforementioned claim was not incurred or not in the required amount.
5 Resignation of the hotel
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract in this period if there are inquiries from other customers about the rooms booked in the contract and if the customer makes reasonable use of the hotel Deadline to be Right to resign is not waived.
5.2 If an advance payment or security deposit agreed or demanded pursuant to clause 3.6 and / or clause 3.7 is not made even after expiry of a reasonable period of grace set by the hotel, the hotel is also entitled to withdraw from the contract
5.3 Furthermore, the hotel is entitled to withdraw from the contract for a materially justified reason, in particular if- Force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible; – Rooms or rooms culpably under misleading or false information or concealment of material facts get booked; In doing so, the identity of the customer, the solvency or the purpose of the stay can be of crucial importance; – the hotel has reason to believe that the Claiming the benefit may jeopardize the smooth running of the business, the security or the reputation of the hotel in public, without attributing it to the domain or organization of the hotel is; the purpose or occasion of the stay is unlawful; there is a violation of 1.2 above.
5.4 The justified cancellation of the hotel does not constitute a claim of the customer for damages.
6 Room preparation, handover and -return
6.1 The customer acquires no claim to the provision of certain rooms, unless expressly agreed has been.
6.2 Booked rooms are available to the customer from 15:00 on the agreed arrival day. The customer has none Claim for earlier provision.
6.3 On the agreed departure day, the rooms must be vacated at the latest by 12 noon. Thereafter, the hotel may be due to late clearance of the room for the contractually exceeding use up to 18:00 o’clock 50% of the full Logispreises (list price) into account, starting from 18:00 o’clock 90%. Contractual claims of the customer are not justified by this. He stands for it free to prove that the hotel has no or a significantly lower entitlement to user fee.
7 Liability of the hotel
7.1 The hotel is liable for any damage caused by injury to life, limb or health. Furthermore, it is liable for other damages that are due to an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent Breach of contractual obligations of the hotel. A breach of duty of the hotel is equal to that of a legal representative or vicarious agent. further Claims for compensation are excluded unless otherwise stipulated in this clause 7. In the event of any disruption or defect in the services of the hotel, the hotel will be informed or upon prompt notification of the customer make an effort to remedy the situation. The customer is obliged to contribute to what is reasonable for him, in order to remedy the disturbance and to minimize possible damage.
7.2 The property is liable to the customer in accordance with the statutory provisions for items brought in. The hotel recommends the use of the hotel or room safe. If the guest money, Securities and valuables with a value of more than 800 euros or other items worth more than 3,500 euros, this requires a separate retention agreement with the hotel.
7.3 If the customer has a parking space in the hotel garage or on the hotel car park, also for a fee, provided becomes, thereby comes about no custody agreement. In case of loss or damage on the hotel grounds the hotel is only liable in accordance with the preceding paragraph for parked or allocated motor vehicles and their contents Number 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and merchandise for guests are treated with care. The hotel will take over the delivery, storage and – if desired – for a fee, the forwarding of the same. The hotel is only liable for custom-of the preceding item 7.1, sentences 1 to 4.
8th final provisions
8.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the customer are ineffective.
8.2 Place of performance and place of payment as well as exclusive place of jurisdiction – also for check and change disputes – is in commercial traffic the location of the hotel. If one Contracting party meets the requirements of § 38 paragraph 2 ZPO and has no general jurisdiction in Germany, the place of jurisdiction is the corporate seat of the hotel.
8.3 German law applies. The application of the UN sales law and conflict of laws is excluded.
8.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, then this will not affect the validity of the remaining provisions. In addition, the statutory provisions apply.