1. Scope
1.1 These General Business Conditions apply to contracts for the hired use of hotel rooms for accommodation purposes, and all other services and supplies to the customer by the hotel (Hotel Reception Contract). The term “Hotel Reception Contract” comprises and replaces the following terms: Accommodation Contract, Lodging Agreement, Hotel Contract and Hotel Room Contract.
1.2 The sub-letting of the hired rooms and their use and their use for purposes other than for accommodation require the prior written consent of the Hotel, whereby §540 Cl. 1 Sentence 2 BGB (German Civil Process Order) will be waived if the customer is not a consumer.
1.3 Business Conditions of the customer shall only apply if this has been expressly agreed in writing beforehand.
2. Conclusion of the contract, parties to the contract, liabil-
ity, limitation of time
2.1 The contract will be deemed as concluded upon acceptance of the customer’s application by the Hotel and not through a reset confirmation of the guest. The Hotel has the right to confirm the room reservation in writing.
2.2 Parties to the contract are the Hotel and the customer. Should a third person have booked the room for the customer this person will be jointly and severally liable together with the customer for all obligations arising form the contract for the hired use of hotel rooms provided a corresponding declaration is submitted to the Hotel by the third party.
2.3 The Hotel is liable for all commitments arising from the agreement. For all occurrences beyond the services typically to be rendered, liability of the hotelshall be limited to intent and gross negligence.
2.4 All claims against the Hotel are always subject to a limitation period of 6 months.
2.5 This limitation of liability and short period of limitation apply in favor of the Hotel even for breaches of obligation during contract initiation and positive infringement.
3. Services, prices, payment, offsetting
3.1 The Hotel is obliged to hold the rooms booked by the customer and to provide the agreed services.
3.2 The customer is obliged to pay the currently valid or agreed prices of the Hotel for the hire of the rooms and for the services used by him. This also applies to services ordered by him and for expenses of the Hotel paid to third parties.
3.3 The agreed prices include the currently valid rate of value added tax.
3.4 Should the period between conclusion and fulfillment of the contract exceed four months and should the price generally charged by the Hotel for such services increase, then the contractually agreed price can be increased to a reasonable extend, but at the most by 10%.
3.5 Furthermore the prices can also be altered by the Hotel if at a later stage the customer requests changes in the number of booked rooms, in the services of the Hotel or of the length of stay of the guests and the Hotel agrees to this.
3.6 Invoices of the Hotel without a due date should be paid within 10 days form the date of receipt of the invoice without any deductions. The Hotel is entitled to pronounce incurred claims as due for payment at any time and to demand immediate payment. In case of default of payment the Hotel is entitled to charge the currently valid legal rate of default interest, or in the case of legal transactions, in which a customer is involved, amounting to 5% above the basic interest rate. The Hotel reserves the right to present evidence of a higher amount of damage.
3.7 The Hotel is entitled upon conclusion of contract, taking into consideration the legal provision for package holidays, to demand a reasonable advance payment or a security payment. The amount of the advance payment and the due dates can be agreed in writing in the contract.
3.8 In case of doubt, e.g. outstanding payment of the guest, the Hotel is entitled to demand an advance payment or security payment in the sense of preceding No.
5 or to raise the amount of the agreed advance payment or security payment up
to the total agreed compensation between conclusion of contract and stay.
3.9 Furthermore the Hotel in entitled, throughout the whole stay, to demand a reasonable advance payment or security payment in the sense of No. 5 for existing and future obligations of the contract insofar as such has not already beep paid pursuant to the above-mentioned No. 5 and/or No. 6.
3.10 The customer can only offset or reduce a claim by the Hotel against an undis puted or legally binding claim.
4. Withdrawal by the customer (i.e. annulment, cancella-
tion) / Non-use of the service of the Hotel
4.1 Withdrawal from the contract concluded with the Hotel on the part of the customer requires the prior written consent of the Hotel. If no prior written consent is given, then in any case the price agreed in the contract must also be paid even if the customer does not make use of the contractually agreed services. This does not apply in the case of violation of obligation on the part of the Hotel to the consideration of rights, objects of legal protection and the interests of the customer if this would mean that adherence to the contract could no longer be expected of him or if he has any other legal or contractual right of withdrawal.
4.2 Provided a date for the withdrawal from the contract without charge was agreed in writing between the Hotel and the customer, the customer can withdraw from the contract by that date without giving rise to claims for payment or damages on the part of the Hotel. The customer’s right of withdrawal expires if he had not notified the Hotel in writing of his withdrawal by the agreed date, provided a case as described in the 3 rd sentence of No. 1 above does not apply.
4.3 When charging for the rooms that the customer has not used, the Hotel should deduct the proceeds if the rooms has been let to other parties and the expenses saved in doing so.
4.4 A cancellation of a reservation must be conveyed in written form and is free of charge up to the 15 the day prior to arrival. Afterwards the customer is obliged to pay 50% of the billing amount up to the day prior to arrival. In case of No-show 100% are billed. The customer reserves the right to provide evidence that the amount of damage claimed has not been incurred or at least not to the extent of the claimed amount.
5. Withdrawal by the Hotel
5.1 Provided a right to cancel free of charge within a certain period has been agreed in writing, the Hotel is entitled with this period to withdraw from the contract if enquiries from other customers for the contractually booked rooms are forthcoming and the customer, upon being approached by the Hotel, does not wish to waive his right of withdrawal.
5.2 Should an agreed payment or an advance payment as demanded in accordance with Clause III Item 5 and/or 6 above have not been effected, then the Hotel is also entitled to withdraw from the contract.
5.3 Furthermore the Hotel is entitled as an exception to withdraw from the contract for a factually justified reason, for example if:
• force majeure of other circumstances beyond the control of the Hotel make the fulfillment of the contract impossible;
• rooms have been booked under misleading or false representation of the main facts, e.g. regarding the person of the customer of the purpose;
• the Hotel has just reason to assume that the use of the hotel’s services could be harmful to the smooth running of the business, to the safety or the reputation of the Hotel in the public eye, without this being imputed to the management or organization sector of the Hotel;
• a violation of Clause 1 Sentence 2 has occurred.
5.4 The Hotel is obliged to promptly inform the guest about exercising the right of withdrawal.
5.5 The customer shall have no claim to damages upon justified withdrawal from the contract on the part of the Hotel.
6. Allocation, occupancy and vacating of rooms
6.1 The customer has no claim to the allocation of certain rooms.
6.2 Booked rooms are available to the customer from 2 pm on the agreed day of arrival. The customer has no claim to earlier occupancy.
6.3 On the agreed day of departure the rooms must be vacated and placed at the disposal of the Hotel by 10 am at the latest. As a result of a delayed vacation of the room the Hotel may charge for its occupation in excess of the period agreed in the contract: until 5 pm 50% of the full accommodation price (as per price list), from 5 pm onwards 100%. This will not constitute a reason for the customer to make any claims. He is entitled to provide evidence that the Hotel has not any or at least has a considerably lower claim to the additional room charge.
6.4 The Hotel is disposed with non-smoking rooms only. For not following the no smoking rule the guest will be charged with a cleaning fee of 100€.
7. Liability of the Hotel
7.1 The Hotel is liable with due diligence for its obligations arising from the contract. Claims by the customer for compensation for damage are excluded. Excepted from this is damage incurred by injury to the life, the body or the health if the hotel is responsible for the breach of duty on the part of the Hotel and damage that is incurred through the intentional or negligent breach of a duty typical of the contract on the part of the Hotel. Should the services rendered by the Hotel be interrupted or deficient the Hotel will, upon gaining knowledge of such or upon immediate complaint on the part of the customer, make an effort to rectify the interruption or deficiency. The customer is obliged to contribute to a reasonable extent towards rectifying the disturbance/deficiency and to keep the possible damage as low as possible.
7.2 For items brought into the Hotel by the customer the Hotel is liable in accordance with the legal provisions, i.e. up to 100 times the price of the room, but not exceeding € 3,500, and for money, securities and valuables up to € 800. The Hotel recommends that guests utilize this possibility. Liability claims are void if the customer does not notify the Hotel immediately after gaining knowledge of loss, destruction or damage to such items (§ 703 BGB –German Civil Process Order).
7.3 Unlimited liability of the Hotel, legal requirements shall apply respectively.
7.4 Should the customer be allocated a parking space on the Hotel car park this will not constitute a safe custody contract. The Hotel will not be liable for theft of ordamage to vehicles parked or driven in the Hotel grounds including their contents, except in case of intention or gross negligence. This also applies to those employed by the Hotel. Number 7.1 Sentences 2 and 3 above will apply respectively.
7.5 Waking calls will be effected with due care. News, mail and consignments of goods for the guests will be handled with due care. The Hotel will take on the delivery, storage and – upon request – for an appropriate charge the forwarding of such items. Number 7.1 Sentences 2 and 3 above will apply respectively.
8. Final Clauses
8.1 Alterations or supplements to the contract, to the acceptance of the application or to these General Business Conditions for the Hire of Hotel Rooms should be made in writing. Unilateral alterations or supplements by the customer are not valid.
8.2 Place of fulfillment for all obligations arising from this contract, including payment obligations, is the Hotel’s location.
8.3 Exclusive place of jurisdiction – also for disputes connected with checks and bills of exchange – in sound commercial practice is the Hotel’s location. In as far as a party to the contract fulfills the condition stipulated in § 38 Cl. 2 of the German Civil Process Order and has no general legal domicile in Germany, the legal domicile will be considered to be the location of the registered office of the Hotel.
8.4 The law of Germany will govern this contract. The application of the UN Convention for the International Sale of Goods and the Law of Conflicts is excluded.
8.5 Should individual conditions of this contract for the rental of hotel rooms and/or of these General Business Conditions be or become invalid, this will have no effect on the validity of the remaining conditions. Otherwise the statutory provisions will apply.