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Terms and Conditions for Hotel Accommodation Contracts

Terms and Conditions for Hotel Accommodation Contracts

I. Scope

1 These terms and conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as any service provided to the customer for other services provided by the hotel.

2 The subletting or letting of the rooms and their use for purposes other than accommodation require the prior written consent of the hotel, § 540 paragraph 1 sentence 2 German Civil Code is waived insofar as the customer is not a consumer.

3. Terms and conditions of the customer only apply if this has been expressly agreed in prior writing.

II. Conclusion of Contract, Parties, Limitation

1. The contract is concluded by acceptance of the application by the customer upon the hotel. The hotel is at liberty to confirm the room reservation in writing.

2. Contractual partners are the hotel and the customer. Has a third party made a reservation for the customer, he is liable to the hotel together with the customer as a codebter and severally liable for all obligations arising from the hotel accommodation contract, if the hotel has a corresponding Declaration of the Third.

3 Any claims against the hotel shall lapse one year after the commencement of the general statute of § 199 paragraph 1 BGB. Damage claims become time-barred, independent of knowledge in five years. The limitation periods shall not apply to claims which are 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 available and to render the agreed services.

2 The customer is obliged to pay the applicable or agreed prices for rooms provided and for other services used by him. This also applies for services caused by the customer and outlays to third parties caused by the customer.

3. The agreed prices include applicable sales tax. If the period between conclusion of the contract and the contract exceeds four months and if the price generally charged by the hotel for such services increases, then the hotel may raise the contractually agreed price reasonable, but not by more than 5%.

4. The prices can be changed by the hotel, if the customer later wishes to make changes to the number of rooms booked, the hotel's services, or length of stay and the hotel consents.

5. Hotel invoices not showing a due date within 10 days are payable from receipt of the invoice without deduction. 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 require in the 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 writing in the contract.

7. The customer may only offset or reduce an undisputed or legally enforceable claim against a claim by the hotel.

Contract Repudiation by the Customer (Cancellation, Annulment)

Failure to Use Hotel Services

1. Cancellation by the customer of the contract concluded with the hotel requires the hotels written consent. If not this, then the price agreed in the contract must also be paid if the customer does not use the contractual services. This does not apply to breach of the obligation to take into account the rights, objects of legal protection and interests of the customer, if this holding to the contract is no longer reasonable or another statutory or contractual cancellation right exists.

2. To the extent the hotel and customer a date for a cost-free cancellation of the contract has been agreed in writing, the customer can withdraw from the contract by then, without incurring payment or damage compensation claims by the hotel. The customer's right of cancellation shall expire if he does not exercise his cancellation right in writing to the hotel by the agreed date, insofar as no case of withdrawal by the customer in accordance with paragraph 1, sentence 3.

3. When not used by the customer claim rooms, the hotel must credit the income from renting the rooms and also for saved expenses.

4. The hotel is at liberty to demand the contractually agreed compensation and to flat-rate deduction for saved expenses. The customer is obliged in this case, at least 90% of the contractually agreed rate for lodging with or without breakfast, to pay 70% for half board and 60% for full-board arrangements.

The customer is at liberty to show that the above-mentioned claim was not created or not created in the amount demanded.

V. Repudiation by the Hotel

1 If a free right of rescission has been agreed in writing within a specified period, the hotel is entitled for its part in this period, to withdraw from the contract if inquiries from other customers regarding the contractually reserved rooms and the customer, upon inquiry of the hotel on his right to resignation is not waived.

2. If not paid in advance No. 6 agreed or required pursuant to Item III made even after a reasonable grace period set by the hotel, it is also entitled to withdraw from the contract.

3 Moreover, the hotel is entitled to withdraw extremely justifiable cause from the contract, for example if

• force majeure or other circumstances beyond the hotel the fulfillment of the contract is not possible;

• rooms are reserved with misleading or false information regarding material facts, such as the identity of the customer or the purpose of the booking;

• the hotel has reasonable grounds to believe that use of the hotel's services might jeopardize the smooth operation, security, or the hotel's reputation in public, without being attributable to the management or organization of the hotel;

• a breach of the item I. Nr. 2 is present.

4. After  a justified cancellation by the hotel there is no claim of customer for damages.

VI. Room Availability, Delivery and Return

1 The customer has no right to be provided specific rooms.

2. Reserved rooms are available to the customer from 15.00 clock on the agreed day of arrival. The customer has no right to earlier availability.

3. On the agreed day of departure the room is to be vacated at 12.00 clock at the latest. After that the hotel may be due to the delayed vacating of the room for use exceeding the contractual utilization until 18:00 clock of departure day charge 50% of the full accommodation rate (list price) for, from 18:00 clock 100%. There will be no contractual claims of the customer be created thereby. The customer is at liberty to show the hotel that it incurred no or much lesser claim is a charge for use.

VII. Liability of the Hotel

1. The hotel is liable with the diligence of a prudent businessman for his obligations under the contract. The customer's claims for damages are excluded. Does not include damages from injury to life, body or health, or when the hotel is responsible for the breach of obligation, other damage which is caused from an intentional or grossly negligent breach of obligation and damage from based on an intentional or negligent breach typical contractual obligations of the hotel is based. A breach of obligation by a legal representative or vicarious agent is equal to a breach of obligation by the hotel. Should disruptions or defects in the performance of the hotel occur, the hotel will endeavor upon knowledge thereof or upon receiving a complaint of the customer to remedy the situation. The customer is obligated to make a reasonable contribution to eliminate the disruption and to keep any possible damage at a minimum.

2. For property brought into the hotel liable to the Customer in accordance with statutory provisions, ie up to one hundred times the room rate, not exceeding € 3. 500, for cash, securities and valuables up to € 800 cash, securities and valuables up to a maximum value of € (insert insured amount of hotel) will be stored in the hotel safe or room safe. The hotel recommends that guests make use of this possibility. Liability claims expire unless the customer notifies the hotel immediately after gaining knowledge of the loss, destruction or damage (§ 703 BGB). For a more extensive liability of the hotel above number are 1 sentences 2 to 4 accordingly.

3. If the customer is using is a parking space in the hotel garage or a hotel parking lot, even if a fee is provided, this does not constitute a safekeeping agreement. For loss of or damage to hotel property parked or moving motor vehicles and their contents, the hotel is not liable, except for willful misconduct or gross negligence. 1, sentences 2 to 4 shall apply mutatis mutandis.

4 Wake-up calls are carried out 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. 1, sentences 2 to 4 shall apply mutatis mutandis.

VIII. Final Provisions

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.

2. Place of fulfillment and payment is the location of the hotel.

3. Exclusive jurisdiction - also for check and exchange disputes - commercial transactions is the location of the hotel. Insofar as a contracting party fulfills the requirements of § 38 para 2 ZPO and has no general jurisdiction in Germany, the courts at the seat of the hotel.

4. German law applies. The application of UN purchasing law and conflict of laws is excluded.

5. If individual provisions of these General Terms and Conditions be invalid or void for Hotel Accommodation the validity of the remaining provisions will be untouched. Moreover, the statutory provisions shall apply.

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