Terms & Conditions
Hotel Accommodation in hotel
1. These Terms and Conditions govern contracts for the rental use of hotel rooms for lodging, and all for the customer other goods and services of the hotel.
2. The sub-letting of rooms as well as their use for purposes other than accommodation require the prior written consent of the hotel, with § 540 paragraph 1 sentence 2 of the German Civil Code is waived insofar as the customer is a consumer.
3. Customers Terms and Conditions shall only apply if this has been explicitly agreed in writing.
II. Conclusion of contract, contractors, Limitation
1. The contract is concluded by the acceptance of the request of the customer by the hotel. The hotel may confirm the room reservation in writing.
2. Contracting parties are the hotel and the customer. If a third party placed the order, he is liable to the hotel together with the customer and severally liable for all obligations arising from the hotel accommodation contract, if the hotel has a corresponding statement by the third party.
3. Any claims against the hotel shall lapse one year from the commencement of the statute of limitations of § 199 paragraph 1 BGB. Claims for damages regardless of knowledge in five years. The limitation periods do not apply to claims based on an intentional or grossly negligent breach of obligation.
III. Services, prices, payment, set-off
1. The hotel is obligated to keep the rooms reserved by the customer and to provide the agreed services.
2. The customer is obligated to pay for the room and used by him for other services applicable or agreed hotel rates. This also applies to the client to services and outlays to third parties.
3. The agreed prices include the applicable VAT. If the period between conclusion of the contract exceeds four months and if the rate generally charged by the hotel for such services, it may raise the contractually agreed price, to raise a maximum of 5%.
4. The price of the hotel can also be changed if the customer later wishes to make changes to the number of rooms booked, the hotel’s services or the length of stay and the hotel agrees.
5. Hotel invoices not showing a due date are payable within 10 days from receipt of invoice. The hotel is entitled to call in accrued amounts at any time due and demand immediate payment. If payment is delayed, the hotel is entitled to demand the respectively applicable statutory default interest in the amount of currently 8% or, with legal transactions with a consumer, in the amount of 5% above the base rate. The hotel reserves the right to prove greater damage.
6. The hotel is entitled to demand of contract or thereafter, observing the legal provisions for package tours, a reasonable advance payment or security deposit. The amount of the advance payment and payment dates may be agreed in the contract.
7. The customer can only reduce an undisputed or legally valid claim against a claim of the hotel.
IV.Cancellation by the customer (ie cancellation) and non-use of hotel services
1. Cancellation by the customer of the contract concluded with the hotel requires the written consent of the hotel. The absence of this, the agreed price is to be paid under the contract, even if the customer does not avail himself of the contractual services. This does not apply to the breach of obligation of the hotel to take into account the rights, legal protection and interests of the customer, if holding to the contract is no longer reasonable or another statutory or contractual cancellation right.
2. To the extent the hotel and customer an appointment to withdraw from the contract was agreed upon, the customer may cancel the contract until that, without incurring payment or damage compensation claims by the hotel. The right of rescission expires if he does not exercise his right of withdrawal date agreed in writing to the hotel exercises, except in cases of withdrawal from the customer in accordance with paragraph 1 sentence 3.
3. If the customer unused rooms, the hotel must apply credit for the income from renting of rooms and also for saved expenses.
4. The hotel is free to demand the contractually agreed compensation and make a flat deduction for saved expenses. The customer in this case is required to pay at least 80% of the contractually agreed rate for lodging with or without breakfast. The customer is free to prove that the above claim is not, or not created in the amount demanded.
V. Withdrawal of the hotel
1. If a free right of rescission has been agreed in writing within a specified period, the hotel during this period also entitled to withdraw from the contract if there are inquiries from other customers regarding the contractually reserved rooms and the customer is not on inquiry by the hotel on his rescission right waived.
2. If an agreed advance payment or III according to clause No. 6 supra is not made even after a lapse of a reasonable extension of the hotel, then the hotel is likewise entitled to rescind the contract.
3. Moreover, the hotel is entitled to justifiable cause to terminate the contract without notice, for example if
• force majeure or other circumstances beyond the hotel’s control make it impossible to fulfill the contract;
• Rooms with misleading or false information regarding material facts, such be posted to the identity of the customer or the purpose;
• the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation, security or reputation of the hotel in public, without this being attributable to the management and organization of the hotel;
• there is a breach of clause I, No. 2.
4. From justified cancellation by the hotel does not entitle the customer for damages.
VI. Room Availability, Delivery and Return
1 The customer has no right to be provided specific rooms. Second Reserved rooms are available to the customer from 15.00 clock on the agreed date of arrival. The customer has no right to earlier availability. Third On the agreed day of departure the rooms of the hotel provide the latest at 11.00 clock. Then the hotel, because of the delayed vacating of the room for use exceeding the contractual time to 18.00 clock 50% of the full accommodation rate (List price) into account,
from 18.00 clock 100%. Contractual claims shall be created thereby. He is free to prove that the hotel incurred no or much lesser claim to use damages.
VII. Liability of the Hotel
The hotel is liable with the diligence of a prudent businessman for its obligations under the contract. Customer claims for damages are excluded. This does not include damage resulting from injury to life, limb or health, if the hotel is responsible for the breach of duty, other damages resulting from an intentional or grossly negligent breach of obligation and damage caused by an intentional or negligent breach typical for the contract of the hotel. A breach of obligation by a legal representative or agent is the same. Should disruptions or defects in the performance of the hotel, the hotel will endeavor to actual or to a breach of customer, to provide a remedy. The customer is obliged to contribute reasonable to eliminate the disruption and to keep any possible damage. Second For property brought the hotel clings to the customer in accordance with statutory provisions, ie, up to one hundred times the room rate, not to exceed € 3,500 for cash, securities and valuables up to € 800 Cash, securities and valuables can be stored in the hotel up to a maximum of € 800 in-room safe and up to € 20,000. The hotel recommends making use of this opportunity. Liability claims expire unless the customer after learning of the loss, destruction or damage immediately for the hotel (§ 703 BGB). For a more extensive liability of the hotel apply above 1, sentences 2 to 4 according. Third If the customer has a parking space in the hotel garage or a hotel parking lot, even if a fee is provided to you is, this does not constitute a safekeeping agreement. For loss of or damage to the hotel property parked or moving vehicles and their contents shall not be the hotel. Except for willful misconduct or gross negligence No. 1, sentences 2 to 4 apply accordingly. 4th Wake-up calls by the hotel with the utmost care. Messages, mail, and merchandise deliveries for guests are handled with care. The hotel will deliver, hold, and – on request – for a fee forward such items. No. 1, sentences 2 to 4 apply accordingly.
1 Changes or additions to the contract, the acceptance of these Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral amendments and supplements by the customer are not valid. Second Place of performance and payment is the location of the hotel. Third Exclusive jurisdiction – also for check and exchange disputes – commercial transactions is the seat of the hotel. If a contracting party fulfills the requirements of § 38 para 2 CCP has met and has no general jurisdiction in the country, the courts at the location of the hotel. 4th German law applies. The application of the CISG and the conflict of laws are precluded. 5th If any provision of these Terms and Conditions for Hotel Accommodation be or become invalid or become invalid, the validity of the remaining provisions shall not be affected. Moreover, the statutory provisions.