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These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all further services and deliveries of the hotel (hotel accommodation contract) provided in this connection for the customer. The term “hotel accommodation contract” covers and replaces the following terms: accommodation, hospitality, hotel, hotel room contract.
The subcontracting or re-letting of the rooms and the use thereof for purposes other than hotel accommodation require the prior consent of the hotel in text form, whereby § 540 para. 1 sentence 2 BGB (German Civil Code) is excluded, insofar as the customer is not a consumer.
General terms and conditions of business of the customer are only applicable if this has been expressly agreed in writing.
II. TERMINATION OF CONTRACT, PARTICIPATION, PERIOD
The contract is concluded by acceptance of the customer’s request by the hotel. The hotel is free to confirm the room booking in text form.
Contractual partners are the hotel and the customer. If a third party has ordered the customer, he is liable to the hotel as a joint and several liability partner 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 are subject to a limitation period of one year from the statutory start of limitation. Claims for damages shall become statute-barred for a period of five years insofar as they are not due to a violation of life, body, health or freedom. These claims for damages shall become statute-barred indefinitely within ten years. The statutes of limitation shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. SERVICES, PRICES, PAYMENT, DEPOSIT
The hotel is obliged to keep the rooms booked by the customer and to provide the agreed services.
The customer is obliged to pay the prices of the hotel agreed or valid for the room transfer and the other services used by him. This also applies to the services and expenses of the hotel to third parties caused by the customer. The agreed prices include the respective statutory value-added tax.
The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s performance or the length of stay of the customer dependent on the price of the rooms and / or the hotel’s other services.
Invoices of the hotel without due date are payable within 10 days of receipt of the invoice without deduction. The hotel can demand the immediate payment of due receivables from the customer at any time. In the event of a delay in payment, the hotel is entitled to charge the currently applicable statutory default interest rate of 8% or, in the case of legal transactions in which a consumer is involved, in the amount of 5% above the base rate. The hotel reserves the right to prove higher damages.
The hotel is entitled to demand a reasonable advance payment or guarantee in the form of a credit card guarantee, a down payment or the like. The amount of the advance payment and the payment dates can be agreed in the contract in text form. The statutory provisions shall remain unaffected in the case of prepayments or security payments for package tours.
In justified cases, e.g. The hotel is entitled to demand an advance payment or security deposit as defined in clause 5 above or after the contract has been concluded, or an increase in the advance payment or security payment agreed in the contract up to the full agreed remuneration.
The hotel is also entitled, at the beginning and during the stay, to demand from the customer an adequate advance payment or security deposit as defined in clause 5 for existing and future claims from the contract insofar as such has not already been provided in accordance with the above numbers 5 and / or 6 .
The customer can only offset or offset against a claim of the hotel with an undisputed or legally binding claim.
IV. CANCELLATION OF THE CUSTOMER (CANCELLATION, CANCELLATION) / NON-RESPONSIBILITY OF THE SERVICES OF THE HOTEL (NO SHOW)
A withdrawal of the customer from the contract concluded with the hotel requires the consent of the hotel in text form. If this is not done, the agreed price from the contract shall be payable even if the customer does not make use of contractual services.
Provided that an appointment between the hotel and the customer has been agreed in writing for the cancellation of the contract free of charge, the customer may withdraw from the contract until then without incurring payment or compensation claims by the hotel. The right of withdrawal of the customer expires if he does not exercise his right to rescind the hotel in writing until the agreed date.
In the case of rooms not occupied by the customer, the hotel shall charge the income from the rental of these rooms as well as the expenses saved. If the rooms are not rented elsewhere, the hotel can demand the contractually agreed remuneration and deduct the deduction for expenses saved by the hotel. The customer is obliged in this case to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-pension and 60% for full-pension arrangements. The customer is free to prove that the above claim has not occurred or has not occurred to the required amount.
V. RESERVATION OF THE HOTEL
If the customer has agreed in writing that the customer can cancel the contract free of charge within a certain period, the hotel is entitled in this period to cancel the contract if other customers’ requests for the contractually booked rooms are available and the customer makes a request for the hotel His right not to resign.
If an agreed advance payment or security deposit required by clause III, numbers 5 and / or 6 above, even after the expiry of a reasonable period of grace set by the hotel, the hotel is also entitled to withdraw from the contract.
In addition, the hotel is entitled to cancel the contract for materially justified reasons, for example: – Force majeure or other circumstances beyond the control of the hotel make the performance of the contract impossible; – rooms or rooms culpably under misleading or false indication of essential facts, e.g. To the person of the customer or for the purpose of his stay; – the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardize the smooth operation, security or prestige of the hotel in the public without being attributable to the hotel’s sphere of control or organization; – the purpose or reason of the stay is illegal; – there is a breach of the abovementioned point 1 (2).
In the case of justified withdrawal of the hotel, the customer is not entitled to compensation for damages.
VI. ROOM REQUIREMENT, TRANSITION AND RETURN
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 14:00 on the agreed arrival day. The customer is not entitled to any earlier provision.
On the agreed day of departure, the rooms are to be vacated by the hotel no later than 11:00 am. Thereafter, the hotel may charge 50% of the full price (list price) up to 18:00 hours due to the late evacuation of the room for its contractual use, from 18:00 onwards 100%. Contractual claims of the customer are not justified thereby. It is free to prove that the hotel has no or a significantly lower claim for usage compensation.
VII. LIABILITY OF THE HOTEL
The hotel is liable for its obligations under the contract. Claims of the customer for damages are excluded. Except for damage caused by injury to life, body or health, if the hotel is responsible for the breach of duty, other damages resulting from an intentional or grossly negligent breach of duty by the hotel and damages resulting from an intentional or negligent violation 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 deficiencies in the services of the hotel occur, the hotel will endeavor to remedy the situation if the customer is aware of it or if the customer’s complaint is prompt. The customer is obligated to contribute to the reasonable, in order to remedy the disturbance and keep a possible damage low.
The hotel shall be liable to the customer for accrued items according to the legal regulations. The liability is limited to one hundred times the room rate, but not more than € 3,500, – and not more than € 800, – for money, securities and valuables. Money, securities and valuables can be kept in the hotel safe up to a maximum of € (hotel insurance sum). The hotel recommends making use of this facility.
If a parking space is provided to the customer in the hotel garage or in a hotel parking lot, also for a fee, no deposit agreement is concluded. The hotel is not liable in the event of loss of or damage to the motor vehicle parked or parked on the hotel premises or its contents, except in the case of willful intent or gross negligence. The exclusion of the customer’s claims for damages shall be governed by the provisions of item 1, sentences 2 to 4 above.
Wake-up calls are handled by the hotel with the utmost care. Messages, mail and guest deliveries are treated with care. The hotel accepts the delivery, storage and – upon request – for the remittance of the same. The exclusion of claims for damages by the customer shall be governed by the provisions of item 1, sentences 2 to 4 above.
VIII. FINAL PROVISIONS
Amendments and supplements 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
Place of fulfillment and payment is the location of the hotel.
Exclusive court of jurisdiction – also for checks and exchange disputes – is the commercial law of the hotel in the commercial traffic. If a contractual partner fulfills the prerequisite of § 38 para. 2 ZPO and does not have a general court jurisdiction within the country, the place of jurisdiction is the corporate seat of the hotel.
German law applies. The application of the United Nations Convention on Contracts for the International Sale of Goods and Collision Law is excluded.
Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.