General Terms and Conditions for the Hotel Accommodation Contract
I. Scope
1. These terms and conditions apply to contracts for the leasing of hotel rooms for accommodation, as well as all other services and deliveries of the hotel provided to the customer.
2. The subletting or re-letting of the rooms, as well as their use for purposes other than accommodation, require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is waived, as far as the customer is not a consumer.
3. Customer’s terms and conditions apply only if expressly agreed in writing.
II. Conclusion of the contract, partners; limitation
1. The contract is concluded by the acceptance of the customer’s request by the hotel. The hotel is free to confirm the room booking in writing.
2. Contractual partners are the hotel and the customer. If a third party has ordered for the customer, he is liable to the hotel together with the customer as the joint debtor for all obligations under the hotel accommodation contract, if the hotel has a corresponding declaration of the third party.
3. All claims against the hotel expire in principle one year from the beginning of the knowledge-dependent regular limitation period of § 199 paragraph 1 BGB. Claims for damages become statute-barred in five years. The limitation periods do 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 reserved by the customer available and to provide the agreed services.
2. The customer is obligated to pay the applicable or agreed hotel prices for the room rental and the other services used by him. This also applies to services provided by the customer and expenses of the hotel to third parties.
3. The agreed prices include the respective statutory value added tax. If the period between conclusion of the contract and performance of the contract exceeds four months and the price generally charged by the hotel for such services increases, the latter may raise the contractually agreed price appropriately, but not by more than 5%.
4. Prices may also be changed by the hotel if the customer subsequently requests changes to the number of booked rooms, the hotel’s service or the length of stay of the guests and the hotel agrees.
5. Invoices of the hotel without a due date are payable within 7 days of receipt of the invoice without deduction. The hotel is entitled to make any accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, in the amount of 5% above the base interest rate. The hotel reserves the right to prove higher damages.
6. The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package travel. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
7. The customer can only offset or reduce the claim against a claim of the hotel with an undisputed or legally enforceable claim.
IV. Withdrawal of the customer (cancellation)/non-use of hotel services
1. A withdrawal of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this is not the case, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This does not apply to the breach of the hotel’s obligation to take into account the rights, legal interests and interests of the customer, if the latter can no longer reasonably be expected to hold on to the contract or have any other legal or contractual right of withdrawal.
2. If an appointment for free cancellation of the contract between the hotel and the customer has been agreed in writing, the customer can withdraw from the contract until then, without triggering payment or damage claims of the hotel. The customer’s right of withdrawal shall expire if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless the case of the customer’s resignation pursuant to No. 1 sentence 3 applies.
3. In the case of rooms not used by the customer, the hotel shall offset the income from other rental of the rooms as well as the saved expenses.
4. The hotel is free to demand the contractually agreed remuneration and to make the deduction for saved expenses flat-rate. In this case, the customer is obliged to pay 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 free to prove that the above claim has not arisen or not in the required amount.
V. Resignation of the hotel
1. If a free right of withdrawal of the customer within a certain period has been agreed in writing, the hotel is in this period in turn entitled to withdraw from the contract, if inquiries from other customers to the contracted rooms and the customer on request of the hotel on his right to resignation not waived.
2. If an agreed advance payment or an advance payment demanded above pursuant to clause III no. 6 is not made even after the expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract for a materially justified reason, for example if
• force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible;
• rooms misleading or misrepresenting material facts e.g. in the person of the customer or the purpose, to be booked;
• the hotel has reason to believe that the use of the hotel services may jeopardize the smooth operation, security or reputation of the hotel in the public domain without this being attributable to the domain or organization of the hotel;
• there is a violation of clause I no. 2 above.
4. In the case of a justified cancellation of the hotel, no claim of the customer for damages arises.
VI. Room preparation, handover and return
1. The customer does not acquire the right to provide certain rooms.
2. Booked rooms are available to the customer from 3:00 pm on the agreed arrival day. The customer has no right to earlier availability.
3. On the agreed departure day, the rooms must be vacated to the hotel no later than 11:00 am. Thereafter, the hotel may charge 50% of the full accommodation price (list price) until 6:00 pm due to the delayed eviction of the room for its contractual use, and from 6:00 pm 100%. Contractual claims of the customer are not justified by this. He is free to prove that a much lower entitlement to user fee has arisen to the hotel.
VII. Liability of the hotel
1. The hotel is liable with the care of a proper businessman for his obligations under the contract.
Customer claims for compensation are excluded. This does not apply to damage resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damages based on intentional or grossly negligent breach of duty by the hotel and damages due to willful or negligent violation of the law contractual obligations of the hotel. A breach of duty of the hotel is equal to that of a legal representative or vicarious agent. In the event of disruptions or defects in the services of the hotel, the hotel will make every effort to remedy this with knowledge or immediate notification of the customer. The customer is obliged to contribute to what is reasonable for him to remedy the disturbance and to minimize possible damage.
2. The buyer is liable according to the legal provisions, which is up to 100 times the room price, not more than € 3,500, as well as money, securities and valuables up to € 800. The liability claims expire, unless the customer after the knowledge of loss, destruction or damage to the hotel without delay (§ 703 BGB). For further liability of the hotel, the above number 1 sentences 2 to 4 apply accordingly.
3. Insofar as the customer is provided with a parking space in the hotel’s own garage or on a hotel car park for a fee, this does not constitute a custody agreement. In case of loss or damage on the hotel property parked or shunted vehicles and their contents, the hotel is not liable, except in case of intent or negligence. The above number 1 sentences 2 to 4 apply accordingly.
4. Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and promotional mailings for guests are handled with care. The hotel will take over the delivery, storage and – if desired – for a fee the forwarding of the same. The above number 1 sentences 2 to 4 apply accordingly.
VIII. User agreement on the use of free WIFI
1. The hotel operates internet access. It allows its hotel guests to attend seminars in the Hotel rooms as well as the visitors of the hotel’s restaurant (all together also called “ guest ” and “ guests ”) shared use of internet access for the duration of the stay in the hotel premises. For this purpose the guest agrees to the conditions of use under VIII.
2. The guest does not have the right to allow third parties to use the internet access. The responsibility for the transmitted data remains with the guest.
3. The hotel does not guarantee the actual availability, suitability or reliability of internet access for any purpose. It is always entitled to discontinue the operation of the internet access completely, partially or temporarily, to allow further co-users and to limit or exclude the access of the guests completely, partially or temporarily.
4. The guest as a co-user alone is responsible for the creation of all technical and organizational requirements for the use of internet access.
5. The guest is informed that neither antivirus nor firewall are provided by the hotel. The data traffic using the access is unencrypted. The data may therefore be viewed by third parties. The hotel expressly states that there is a risk that malware (e.g., viruses, Trojans, worms, etc.) may access the terminal when using the internet access. The use of internet access is at the guest’s own risk. The hotel accepts no liability for damage to the guest’s computer caused by the use of internet access, unless the damage was caused intentionally or through gross negligence.
7. The guest is responsible for the data transmitted via the access, the services used and the legal transactions carried out. If the guest visits paid websites or if he enters into liabilities, the resulting costs are borne by him. He has to indemnify the hotel from claiming the costs. He is obliged to comply with the applicable German law when using the internet access.
He will in particular:
• not use the internet access for the distribution of immoral, unlawful and illegal content (this applies in particular, but not only for pornographic and violent portrayals);
• do not illegally duplicate, distribute or make accessible any copyrighted goods;
• observe the applicable youth protection regulations;
• do not send or distribute harassing, defamatory or threatening content;
• do not use Internet access to send bulk messages (spam) and / or other forms of improper advertising.
8. The guest indemnifies the hotel against all damages and claims of third parties, which are based on an illegal use of the internet by the guest and / or on a breach of this agreement. This also extends to costs and expenses associated with the use or defense thereof. Does the guest recognizes or must realize that such an infringement of the law and / or transgression
or if such a breach is present or imminent, he will immediately inform the hotel of this fact.
IX. final provisions
1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
2. Place of fulfillment and payment is the domicile of the hotel.
3. Exclusive place of jurisdiction – also for check and change disputes – is in the commercial traffic the seat of the hotel. If a contracting party fulfills the requirements of § 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.
4. German law applies. The application of the UN sales law and conflict of laws is excluded.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
*Platform for online dispute resolution of the European Commission:
http://ec.europa.eu/consumers/odr/*
