General terms and conditions for the hotel accommodation contract
1. These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging purposes, as well as all other services and deliveries provided by the hotel for the customer. 2. The subletting or re-letting of the rooms made available as well as their use for purposes other than lodging require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB (German Civil Code) is waived, unless the customer is a consumer. 3. The customer's terms and conditions shall only apply if this has been expressly agreed in writing beforehand.
II. Conclusion of contract, -partner; limitation period
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 placed an order on behalf of the customer, the customer is liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration by the third party. 3. 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 become statute-barred after five years, irrespective of knowledge. The shortening of the statute of limitations does not apply to claims based on an intentional or grossly negligent breach of duty by 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 obligated to observe the regulations applicable to the provision of rooms and the other services used by him or her. agreed prices of the hotel. This also applies to services and expenses of the hotel to third parties initiated by the customer. 3. The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the fulfilment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately, but by no more than 5%. 4. Furthermore, the hotel may change the prices if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the length of stay of the guests and the hotel agrees to such changes. 5. Hotel invoices without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to make accrued claims due at any time and to demand immediate payment. In the event of default of payment, the hotel is entitled to charge the respectively applicable statutory default interest in the amount of currently 8% or in the case of legal transactions in which a consumer is involved, to charge 5% above the base rate. The hotel reserves the right to prove higher damages. 6. The hotel is entitled to demand an appropriate 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 can be agreed in writing in the contract. 7. The customer may only offset or reduce a claim of the hotel with an undisputed or legally valid claim.
IV. Cancellation by the customer (i. e. cancellation) / non-utilisation of the hotel's services
1. Any withdrawal by the customer from the contract concluded with the hotel requires the hotel's written consent. If this is not done, the agreed price from the contract is to be paid even if the customer does not make use of contractual services. This shall not apply in the event of a breach of the hotel's obligation to consider the rights, legal assets and interests of the customer if the customer can no longer be reasonably expected to adhere to the contract as a result or if the customer is entitled to any other legal or contractual right of withdrawal. 2. Insofar as the hotel and the customer have agreed in writing on a date for free withdrawal from the contract, the customer may withdraw from the contract until that date without incurring payment or damage compensation 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 a case of withdrawal by the customer according to number 1 sentence 3 exists. 3. In the case of rooms not used by the customer, the hotel shall offset the income from renting the rooms to other parties and the expenses saved. 4. The hotel is obliged in good faith to allocate unused rooms to other guests if possible in order to avoid cancellations. Until the room is otherwise allocated, the guest must pay the calculated amount for the duration of the contract. The customer is free to prove that the above-mentioned claim has not arisen or has not arisen in the required amount. There are no cancellation fees for cancellations up to 24 hours before arrival. In case of later cancellation or non-arrival we reserve the right to charge 80% of the room price.
V. Cancellation by the hotel
1. Insofar as the customer's right to withdraw from the contract free of charge within a certain period of time has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel. 2. If an agreed or above 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 withdraw from the contract for objectively justified reasons, for example if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
- Room under misleading or false declaration of material facts, e. g. B. in the person of the customer or the purpose, be booked;
- the hotel has reasonable cause to believe that the use of the hotel's services may jeopardise the smooth operation, safety or public reputation of the hotel, without this being attributable to the hotel's domination or management. organisational area of the hotel. - a breach of the above Clause I No. 2 is present
4. In the event of justified withdrawal by the hotel, the customer shall not be entitled to claim damages.
VI. Room provision, handover and return
1. The customer does not acquire the right to the provision of specific rooms. 2. Booked rooms are available to the customer from 16. 00 hours on the agreed day of arrival. If you arrive earlier, please let us know in advance. Here we charge a flat rate of 20,00 €. Arrival here is then possible from 12:00 o'clock. 3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11. 00 a. m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for its use in excess of the contract until 6 p. m. due to the late vacating of the room, and 100% from 6 p. m. onwards. Contractual claims of the customer are not justified by this. He shall be at liberty to prove that the hotel has no or a substantially lower claim to a usage fee. 4. If you leave before 07:00 am, please settle the bill the evening before.
VII. Liability of the hotel
1. 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 duties typical of the contract by the hotel. A breach of duty on the part of the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects in the services of the hotel occur, the hotel will endeavor to remedy them as soon as it becomes aware of them or upon the customer's immediate complaint. The customer is obliged to do what is reasonable for him to contribute in order to remedy the disruption and to keep possible damage to a minimum. 2. The hotel shall be liable to the customer for items brought in 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 up to a maximum value of € (insert insured sum of the hotel) can be kept in the hotel or room safe. The hotel recommends making use of this possibility. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of loss, destruction or damage (§ 703 BGB). The above No. 1 sentences 2 to 4 apply accordingly to any further liability of the hotel. 3. Insofar as the customer is provided with a parking space in the hotel garage or a hotel parking lot, even against payment, this does not constitute a safekeeping contract. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel's property and their contents, except in cases of intent or gross negligence. The above number 1 sentences 2 to 4 apply accordingly. 4. Wake-up orders are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for the guests are treated with care. The hotel will take care of delivery, storage and - if desired - forwarding of the same for a fee. The above number 1 sentences 2 to 4 apply accordingly.
VIII. Final provisions
1. Amendments or supplements 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. Place of performance and payment is the registered office of the hotel. 3. Exclusive place of jurisdiction - also for disputes concerning cheques and bills of exchange - is the registered office of the hotel in commercial transactions. If a contracting party fulfils the requirement of § 38 para. 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the hotel's registered office. 4. German law applies. The application of UN sales law and conflict of laws is excluded. 5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects the statutory provisions shall apply.
Inhaber: Steffen Arendt
An der Wehrinsel 3
Telefon: +49 (0) 06022 / 264 108-0
Telefax: +49 (0) 06022 / 264 108-100