General Terms and Conditions for the Hotel Accommodation Agreement
1. These terms and conditions apply for contracts of the renting of hotel rooms for accommodation as well as all in this connection for the customer provided further achievements and supplies of the hotel (hotel admission contract). The term “hotel accommodation contract” includes and replaces the following terms: Accommodation, guest accommodation, hotel, hotel room contract.
2. The subletting or subletting of the provided rooms as well as their use for purposes other than accommodation request the prior written agreement of the hotel, whereby § 540 paragraph 1 sentence 2 BGB is agreed upon, as far as the customer is not a consumer.
3. General terms and conditions of the customer shall only apply if this has been previously agreed specifically in writing.
II. CONCLUSION OF CONTRACT, PARTNER, 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 hotel and the customer are the contracting parties. If a third party has ordered for the customer, he is liable to the hotel together with the customer as joint debtor for all obligations arising from the hotel accommodation contract, as long as the hotel has received a corresponding declaration from the third party.
3. All claims against the hotel are statute-barred in principle in one year from the beginning of the statutory limitation period. Compensation claims become statute-barred in five years. The limitation shortenings do not apply to claims, which are based on an intentional or grossly negligent breach of duty by the hotel.
III. SERVICES, PRICES, PAYMENT, OFF-SETTING
1. The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
2. The customer is obliged to pay for the provided rooms and the further services agreed and/or valid prices of the hotel. This also applies to for 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 can make its agreement to a subsequent reduction of the number of booked rooms by the customer, the performance of the hotel or the duration of stay of the customer dependent on the price for increasing the rooms and/or for the other performances of the hotel.
4. Invoices of the hotel without due date are payable without deduction within 10 days from receipt of the invoice. The hotel can demand payment of due claims from the customer at any time. In the event of default in payment, the hotel shall be entitled to charge the currently applicable statutory default interest of 8% or, in the case of legal transactions in which a consumer is involved, of 5% over the base interest rate. The hotel reserves the right to prove higher damages.
5. The hotel is entitled to demand an appropriate advance payment or security deposit in the form of a credit card guarantee, a down payment or similar from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of co-payouts or securities for package tours, the legal provisions remain unaltered.
6. In justified cases, e.g. payment arrears of the customer, the hotel is entitled to demand a prepayment or security in the sense of No. 5 above or an increase of the advance payment or security agreed in the contract up to the fully agreed compensation even after the conclusion of the contract up to the beginning of the stay.
7. Furthermore, the hotel is entitled to demand an appropriate advance payment or security from the customer at the beginning and during the stay within the meaning of No. 5 for current and future claims from the contract, insofar as such has not already been made in accordance with No. 5 and/or 6 above.
8. The customer can only offset or reduce a claim of the hotel with an undisputed or legally binding claim or a claim to right of retention.
IV. CUSTOMER’S WITHDRAWAL (CANCELLATION, CANCELLATION) / NON-USE OF HOTEL SERVICES (NO SHOW)
1. The customers cancellation of the contract concluded with the hotel requires the hotel’s written consent. If this is not done, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This does not apply if the hotel’s obligation to consideration violates the customer’s rights and interests, if the customer can no longer be expected to adhere to the contract as a result, or if the customer is entitled to another legal or contractual right of withdrawal.
2. If a date for the free cancellation of the contract was agreed in writing between the hotel and the customer, the customer can, until then cancel the contract, without triggering claims for payment or for damages of the hotel. The right of withdrawal of the customer expires if he does not exercise his right of withdrawal by the agreed date in writing to the hotel, unless there is a case of the withdrawal of the customer according to clause IV sentence No. 1.
3.In the case of rooms not used by the customer, the hotel must take into account the income from renting these rooms elsewhere and the expenses saved. If the rooms are not rented elsewhere, the hotel can demand the contractually agreed compensations and the deduction for saved expenses of the hotel lump sum. In this case, the customer is obliged to pay at least 90% of the contractually agreed price
for accommodations with or without Breakfast, 70% for Half board and 60% for Full board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
V. CANCELLATION OF THE HOTEL
1. If it has been agreed in writing that the customer can cancel the contract free of charge within a certain period of time, the hotel is entitled to cancel the contract during this period, if requests of other customers for the contractually booked rooms are available and the customer does not waive his right to cancel on request of the hotel.
2. If an agreed advance payment or security required in accordance with Clause III, paragraphs 5 and/or 6 above is not made even after a reasonable period of grace set by the hotel has elapsed, the hotel is also entitled to cancel the contract.
3. Furthermore, the hotel is entitled, for objectively justified reason, to terminate the contract extraordinarily, for example if
– The realization of the contract is made impossible by Force majeure or other circumstances beyond the control of the hotel;
– Rooms are booked under misleading or wrong indication of essential facts, e.g. the identity of the customer or the purpose of his stay;
– The hotel has justified reason to assume that the use of the hotel service can endanger the smooth business operations, the security or the reputation of the hotel in public, without this being attributable to the hotel’s area of control or organisation;
– There is a violation of clause I No. 2 mentioned above.
4. If the hotel’s cancellation of the contract is justified, the customer has no claim for damages.
VI. ROOM PROVISION, HANDOVER AND RETURN
1. the customer does not acquire any claim to the provision of certain rooms.
2. booked rooms are available to the customer from 15:00 o’clock (3 PM) of the agreed day of arrival. The customer has no claim to earlier.
3. On the agreed day of departure, the rooms must be returned to the hotel by 12:00 noon at the latest. Thereafter the hotel can charge 50% of the full accommodation price (list price) until 6 PM due to the late evacuation of the room against the contract, after 6 PM the Hotel can charge 100%. Contractual claims of the customer are not justified by this. He is free to prove that the hotel has no or a considerably lower claim to a usage fee.
VII. LIABILITY OF THE HOTEL
1. the hotel is liable with the care of a prudent businessman for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages 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 duties of the hotel. A breach of duty on the part of the hotel is equivalent to a legal representative or fulfillment mate. Should disturbances or defects in the hotel’s services occur, the hotel will provide remedy upon knowledge or an immediate objurgation of the customer. The customer is obliged to contribute what is reasonable to him in order to remedy the malfunction and to keep possible damage to a minimum.
2. The hotel shall be liable to the customer in accordance with the statutory provisions, which shall not exceed one hundred times the room price, up to a maximum of € 3,500.00, for money, securities and valuables up to € 800.00. Money, securities and valuables can be stored in a hotel or room safe up to a maximum value of € 5,000. The hotel recommends making use of this option.
If the customer is provided with a parking space in the hotel garage or on a hotel parking space, also for a fee, this does not constitute a custody contract. In the event of loss of or damage to vehicles parked or manoeuvred on the Hotelgrounds and their contents, the hotel shall not be liable, except in cases of intent or gross negligence. The above No. 1 sentences 2 to 4 apply accordingly.
4. wake-up orders are carried out by the hotel with the greatest care. Messages, mail and consignments for the guests are treated with care. Messages, mail and consignments for the guests are treated with care. The hotel will accept delivery, storage and – upon request – forwarding of the same for a fee. The above No. 1 sentences 2 to 4 apply accordingly.
VIII. FINAL PROVISIONS
1. Changes or additions to the contract, the acceptance of the application or these General Terms and Conditions shall be made in writing. Unilateral changes or additions by the customer are ineffective.
2. place of fulfillment and of payment is the location of the hotel.
3. Exclusive place of jurisdiction – also in case of Cheque and bill disputes – in commercial transactions is the registered office of the hotel under company law. If a contracting party has fulfilled the prerequisite of § 38 paragraph 2 ZPO and 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, the validity of the other provisions remain untouched. In all other respects, the statutory provisions shall apply.
Hotel Hessischer Hof / 43 – 35510 Butzbach / December 2015