GENERAL TERMS AND CONDITIONS

I. SCOPE OF APPLICATION

1. these terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
2. the subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
3. the customer’s general terms and conditions shall only apply if this has been expressly agreed in advance in text form.

II. CONCLUSION OF CONTRACT, CONTRACT PARTNERS, STATUTE OF LIMITATIONS

1. the contract is concluded upon acceptance of the customer’s application by the hotel. The hotel is free to confirm the room booking in text form.
2. the contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
3. all claims against the hotel shall generally become time-barred one year after the commencement of the statutory limitation period. Claims for damages are subject to a limitation period of five years, irrespective of knowledge, unless they are based on injury to life, limb, health or freedom. These claims for damages are subject to a limitation period of ten years irrespective of knowledge. The shortening of the limitation period shall 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 available and to provide the agreed services.
2. the customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer. The agreed prices include the respective statutory value added tax.
3. the hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s services or the length of the customer’s stay requested by the customer dependent on the price for the rooms and/or for the hotel’s other services being increased.
4. invoices of the hotel without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel may demand immediate payment of due claims from the customer at any time. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. The hotel reserves the right to provide evidence of higher damages.
5. the hotel is entitled to demand a reasonable advance payment or security deposit from the customer in the form of a credit card guarantee, a deposit or similar upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
6. in justified cases, e.g. payment arrears of the customer or extension of the scope of the contract, the hotel is entitled to demand an advance payment or security deposit within the meaning of the above No. 5 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after conclusion of the contract up to the beginning of the stay.
7. the hotel is further entitled to demand a reasonable advance payment or security deposit within the meaning of No. 5 above from the customer at the beginning and during the stay for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with No. 5 and/or 6 above.
8. the customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.

IV. WITHDRAWAL BY THE CUSTOMER (CANCELATION, CANCELLATION) / NON-UTILIZATION OF THE HOTEL’S SERVICES (NO SHOW)

1. the customer’s withdrawal from the contract concluded with the hotel requires the hotel’s consent in text form. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of contractual services.
2. if a date for free withdrawal from the contract has been agreed between the hotel and the customer in text form, the customer may withdraw from the contract up to that date without incurring payment or compensation claims by the hotel. The customer’s right of withdrawal shall expire if he does not exercise his right of withdrawal vis-à-vis the hotel in text form by the agreed date.
3. in the case of rooms not used by the customer, the hotel must offset the income from renting these rooms to other parties and the expenses saved. If the rooms are not rented to other parties, the hotel may demand the contractually agreed remuneration and make a lump-sum deduction for expenses saved by the hotel. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount demanded.

V. WITHDRAWAL OF THE HOTEL

1. if it has been contractually agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel.
2. if an agreed advance payment or an advance payment or security demanded in accordance with section III numbers 5 and/or 6 above is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.
3. furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if
– Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
– rooms or spaces are culpably booked with misleading or false information regarding material contractual facts, e.g. the identity of the customer or the purpose of the customer’s stay;
– the hotel has justified cause to believe that the use of the hotel’s services may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
– the purpose or reason for the stay is unlawful;
– there is a violation of Section I No. 2 above.
4 In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.

VI. ROOM PROVISION, HANDOVER AND RETURN

1. the customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed in text form.
2. booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.
3. on the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for the delayed vacating of the room until 6 p.m., and 100% from 6 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee.

VII. LIABILITY OF THE HOTEL

1. the hotel is liable for its obligations under the contract. 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 typical contractual obligations by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.
2. the hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. According to this, liability is limited to one hundred times the room rate, but no more than € 3,500, and in deviation for money, securities and valuables up to a maximum of € 800. Money, securities and valuables can be stored in the hotel or room safe up to a maximum value of € (insert the hotel’s sum insured). The hotel recommends making use of this option.
3. if the customer is provided with a parking space in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. For the exclusion of the customer’s claims for damages, the provision of the above number 1, sentences 2 to 4 shall apply accordingly.
4. wake-up calls are carried out by the hotel with the utmost care. Messages, post and consignments for guests are handled with care. The hotel will take care of the delivery, storage and – on request – forwarding of the same for a fee. For the exclusion of claims for damages on the part of the customer, the provisions of number 1, sentences 2 to 4 above shall apply accordingly.

VIII. FINAL PROVISIONS

1. amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the customer are invalid.
2. place of performance and payment is the location of the hotel.
3. the exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – in commercial transactions is the registered office of the hotel under company law. If a contractual partner fulfills the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel under company law.
4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
5 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 all other respects, the statutory provisions apply