I. Scope of Application
- These terms and conditions apply to contracts for the renting of hotel room accommodation as well as for all further services provided to customers by the hotel.
- Subletting or letting of rooms and their use for purposes other than accommodation require the prior written consent of the hotel, although § 540 para. 1 section 2 BGB (German civil code) is waived if the customer is not a consumer.
- Business conditions of the customer only apply if they were explicitly approved of beforehand.
II. Conclusion of the Contract, Contractual Parties, Statute of Limitations
- The contract comes into effect when the hotel accepts the customer’s application. The hotel is at liberty to confirm the room reservation in writing.
- The contractual parties are the hotel and the customer. If a third party made the order on behalf of the customer, the hotel is liable to him/her together with the customer as co-debtor for all obligations of the hotel accommodation contract as long as the hotel is provided with the corresponding declaration from the third party.
- All claims against the hotel shall lapse one year after the commencement of the limitation period of § 199 para. 1 BGB (German civil code), provided that the customer is informed about these terms. Claims for damages lapse after five years without the customer needing to be made aware thereof. Reductions of limitation shall not apply to claims based on an intentional or grossly negligent breach of obligation.
III. Services, Prices, Payment, Invoicing
- The hotel is obligated to keep the room booked by the customer free and to provide the agreed services.
- The customer is obligated to pay for the room provided and the further services used by the customer at the applicable or agreed prices of the hotel. This also applies to services provided to third parties and the subsequent expenses incurred by the hotel.
- The agreed prices include all applicable VAT.
- Hotel bills without a due date are to be paid within 10 days without deduction. If payment is delayed, the hotel is entitled to demand the respectively applicable statutory default interest, to the current amount of 8%, for legal transactions with which a consumer is involved to an amount of 5% above the base rate. The hotel reserves the right to prove higher damages.
- The hotel is entitled is require an appropriate down-payment or security deposit upon conclusion of the contract, or afterwards, while taking into account the legal provisions for package holidays. The extent of any down-payment or the payment due date can be specified in writing in the contract.
- The customer can only offset or reduce undisputed or legally binding claims against a requirement of the hotel.
IV. Withdrawal of Customer/Non-Use of the Hotel’s Services
- The withdrawal of a customer from the contract concluded by them with the hotel requires the written approval of the hotel. If this is not obtained, the agreed price in the contract is to be paid if the customer does not make use of the contractual services. This does not apply to a breach of the obligation to take into account the rights, legal interests and other interests of the customer, if this is no longer reasonable due by keeping to the contract, or if another statutory or contractual right of withdrawal is available.
- If withdrawal from the contract free-of-charge is agreed in writing in the contract between hotel and customer, the customer can withdraw from the contract without initiating claims for payment or compensation for damages by the hotel. The customer’s right to withdraw expires if s/he does not file their right to withdrawal to the hotel in writing by the agreed date, insofar as the case does not constitute withdrawal of the customer according to Number 1 Section 3.
If notification is not given, it is up to the hotel to demand the contractually agreed compensation and make a flat-rate deduction for expenses not incurred as a result. In such a case, the customer is obligated to pay at least 90% of the contractually agreed price for the planned stay with or without breakfast.
- The rate charged for the room not used by the customer will be calculated by the hotel according the income that would have been received if the room had been rented to another person, deducting any expenses not incurred as a result.
- The customer is free to prove that the above-mentioned claim was not incurred or not to the amount demanded.
V. Withdrawal of the Hotel
- If free-of-charge right of rescission by the customer within the specified time period was agreed in writing, the hotel is entitled to leave the contract within this time period if they receive booking enquiries for the contractually reserved room, and if the customer does not relinquish his/her right to rescission.
- If a down-payment is agreed or applies according to Clause III No. 5 above and is not paid after the expiry of a legal deadline set by the hotel, the hotel is also entitled to withdraw from the contract.
- Furthermore, the hotel is entitled to withdraw extraordinarily from the contract for a relevant and legal reason, such as for acts of God or other circumstances outside of the hotel’s control which arise making the fulfilment of the contract impossible.
Rooms booked using misleading of false information pertaining to significant issues, e.g. concerning the identity of the customer or his/her visit purposes, or if the hotel has good reason to believe that the use of the hotel’s services might jeopardize the smooth operation of their business, safety or public reputation of the hotel without being attributable to the management or organization of the hotel; constitute a breach of Clause I No. 2 above.
- In cases of a legal withdrawal by the hotel, the client has no entitlement to claims for compensation.
VI. Provision of, Handing Over/Back of Rooms
- The customer has no claim for the provision of specific rooms.
- The booked room is available to the customer from 12 midday on the agreed day of arrival. The customer has no claim to earlier provision of accommodation.
- Upon the agreed day of departure, the hotel’s rooms are to be vacated by no later than 10am and made available to the hotel. After this point, the hotel can charge for the delayed vacating of the room and this non-contractual use until 18:00, 50% of the full accommodation rate (list price), and use after 18:00, at 100%. This does not lead to any contractual basis for a claim by the customer. S/he is free to prove that the hotel has no claim, or has a significantly lower claim to usage fees.
VII. Hotel Liability
- The hotel is liable for its obligations under the contract with the diligence of a prudent businessman. Claims for compensation from the customer are excluded. This excludes damages due to injury to life, limb or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of obligation and damages from an intentional or negligent violation constitute the typical contractual obligations of the hotel. A breach of obligation by a legal representative or vicarious agent is equal to that of the hotel itself. If the hotel’s services are disrupted or flawed, the hotel will endeavour to remedy the situation upon being made aware by the customer or upon receipt of a prompt complaint. The customer is obligated to undertake any reasonable possible action to remedy the disruption and minimise possible damages.
- The hotel is liable to the customer for any arising issues according to the legal provisions, meaning up to a hundred times the price of the room to a maximum of €3,500, as well as to money, assets and valuables up to €800. The claims for liability expire unless the customer notifies the hotel immediately after gaining knowledge of the loss, destruction or damage (§ 703 BGB). This does not apply only if the property was given to the hotel for safekeeping, or if the loss, destruction or damage was due to hotel employees.
- If the customer was provided a space in the hotel garage or in the hotel parking area, including for a fee, this does not constitute a safekeeping agreement. The hotel is not liable, except for willful misconduct or gross negligence, for loss of or damage to vehicles parked or moving on hotel grounds, or their contents. The above mentioned Sections 2 to 4 of Number 1 apply respectively.
- Wake-up calls are carried out with the utmost care. Messages, post and packages are handled for guests with care. The hotel will deliver, hold, and upon request, forward these for a fee. The above mentioned Sections 2 to 4 of Number 1 apply respectively.
VIII. Final Provisions
- Changes or amendments to the contract, application acceptance for hotel accommodation, or these terms and conditions, must occur in writing. Unilateral changes or amendments by the customer are not valid.
- The Place of Performance and Payment is the Location of the Hotel
- The exclusive place of jurisdiction for commercial transactions – also for cheque and exchange disputes – is the location of the hotel. If a contractual partner fulfils the requirements of § 38 Paragraph 2 ZPO (Swiss civil code) and has no general place of jurisdiction in Germany, the place of jurisdiction is the location of the hotel.
- German law applies. The application of the UN sales law and conflict of laws are excluded.
- If any provisions of these terms and conditions become invalid or void for hotel accommodation, this shall not affect the validity of the remaining provisions. The statutory provisions apply.