General Terms of Business
General Terms and Conditions for Hotel Accommodation Contracts
I. Scope of application
(1) These Terms and Conditions shall apply to Hotel Accommodation Agreements
as well as to all additional services provided by the Hotel to the guest.
(2)Contradicting rules or amendments shall not be valid, even if they form part of the Terms and Conditions of the Guest or the Booking Agent, unless confirmed by the hotel in writing
II Contract Conclusion
(1)Once a Guest has made a booking order and has received a corresponding booking confirmation,a legal Hotel Accommodation Agreement (hereinafter referred to as "Agreement") shall be constituted.
(2)The contractual partners are the Hotel and the Guest. If a third party has initiated the booking in name of the Guest, this third party, together with the Guest, shall be liable to the Hotel for fulfilling any obligation arising from the Agreement, once the Hotel receives the corresponding declaration from the Booking Agent. Independently of this regulation, any Booking Agent is obliged to forward all information related to the booking, in particular these General Terms and Conditions, to the Guest.
(3)Any subletting or sharing of the rented rooms or any use which differs from the usual accommodation purposes must be expressly consented to in writing by the Hotel.
III. Services, Prices, Payment
(1) The Hotel is obliged to hold the rooms ready that have been booked by the Guest according to the provisions of the General Terms and Conditions, and to render the contracted services.
(2) The Guest is obliged to pay the current or agreed fees and rates of the Hotel for room rental and any rendered additional services. The same applies to any services provided or any expenses the Hotel has incurred towards a third party which have been initiated either by the Guest or the Booking Agent.
(3) If a period of over four months has passed between the finalizing of the Agreement and its fulfillment, and prices for the requested services have increased during that period of time, the Hotel is entitled to ask for an appropriate increase in the agreed price, up to a maximum of 10%. Agreed prices include statuatory VAT.
(4) The Hotel is also entitled to change the agreed prices in cases where the Guest subsequently requests a change in the number of booked rooms, Hotel services or stay duration, and where the Hotel has consented to such changes.
(5)Bills of the Hotel are to be paid immediately in full without any deduction. The guest enters default at the latest if the debt has not been settled within 30 days after due date.
This applies to a customer who is a consumer only if notified explicitly of this legal effect in the invoice. In cases of default of payment, the Hotel shall be entitled to ask the private Guest for default interest on arrears of 5% above the ECB base rate. Where the Agreement is between the Hotel and a Company, the interest on arrears shall be 8% above the ECB base rate. The Hotel may also claim that a higher loss has been incurred. For each reminder letter sent after default of payment, the Hotel is entitled to ask for a reminder fee of €5.00.
(6) The Hotel is entitled to request an appropriate advance payment or provision of security.The amount and due date shall be agreed upon in a contract in writing.
Furthermore, the Hotel is entitled to issue an intermediate invoice, declare it due and ask for immediate payment.
(7) The Guest may only offset or reduce any claims of the Hotel against him/her with legally recognized and undisputed claims of his/her own.
IV. Rescission by Guest, Cancellation
(1) The Hotel grants the guest the right of rescission at any time. Thereby the following conditions apply:
(a) In case of rescission the hotel has a claim on approriate restitution.
(b) The hotel has the option of instead claiming an exactly calculated restituion to claim a lump sum. The lump sum amounts to 80 % of the price agreed upon in the contract with or without breakfast. The customer is entitled to prove evidence to the effect that the hotel either incurred no damage at all or that the actual damage incurred amounts to less than the lump sum.
(c) Insofar the hotel calculates the restitution its maximum value shall not exceed the amount of the price agreed upon in the contract for services to be rendered by the hotel minus the saved expenditures, as well as for services the hotel purchases by different usage of hotel services.
(2)The aforementioned regulations for restitution apply accordingly if the guest fails to claim the booked room or the booked services, without giving notification in due time.
(3)If the Hotel has granted the guest an option to withdraw from the contract without any legal further consequences within an agreed period of time, the hotel has no claim on restitution. For the question of whether the declaration of revocation is made in due time, the receipt thereof by the Hotel shall be decisive.
V. Rescission by Hotel
(1)Insofar the guest has been granted a free right of rescission pursuant to Clause IV paragraph 2 the hotel is also entiteld to withdraw from the contract within the cancellation period agreed upon in the contract and in case of requests of other customers for the room and failure of the guest to confirm the booking upon request of the Hotel.
(2) In cases where the down payment or security item agreed upon according to Clause III Paragraph 6 has not been provided within the agreed period, the Hotel has the right to withdraw from the Agreement
(3)Additionally the hotel is entiteld to withdraw from the contract because of important reasons, especially insofar:
- an act of God or other circumstances beyond the control of the Hotel to keep its end of the agreement.
- rooms have been booked after false or misleading relevant data has been provided e.g. regarding the Guest or the intended use of the room.
- there are grounds to believe that the use of the offered services shall have a negative impact on the normal running of the Hotel, on guaranteeing security, or on maintaining the reputation of the Hotel in the public eye, when these incidents do not fall under the authority or organizational sphere of the Hotel.
-there is unauthorized subletting or sharing of the room and/or bed according to Clause II, Paragraph 3.
- in a case concerning clause XI subclause 3
-the Hotel learns that the financial situation of the Guest has deteriorated significantly after having concluded the Agreement, particularly if the Guest has not cleared due invoices or has not provided sufficient securities, and that therefore the payment claims of the Hotel appear to be in danger.
-the Guest is subject to insolvency proceedings, or where such proceedings have not been pursued due to lack of sufficient assets or any other reason.
-The Hotel shall inform the Guest in writing without delay that the Hotel is invoking the right to rescind.
-In all of the above-mentioned cancellation cases the Guest does not have the right to claim damages for any losses suffered.
VI. Arrival and Departure
1. The guest has no claim on the provision of particualar rooms, unless the hotel confirming the provision of such particular rooms in writing.
2. Booked rooms are available to the guest from 3:00pm of the day of the agreed arrival date. There is no claim on an earlier availability by the customer.
3. Booked rooms have to be occupied by the guest until 6:00pm of the agreed arrival date. Insofar a later arrival date has not been agreed upon, the hotel has the right to let the booked room to another customer, without the guest having any claim on reimbursement thereof. The hotel is insofar entiteld to withdraw from the contract.
4. On the agreed day of departure the room has to be cleared at 10:00 am. Thereafter, the Hotel may charge, beyond the damage incurred to it thereby, the daily room rate for the additional use of the room until 6.00 p.m., and from 6.00 p.m. 100% of the full applicable price for board and lodging. The Guest has the right to demonstrate to the Hotel that there has been no loss incurred, or that the incurred loss has been less than the stated amount.
VII. Liability of the Hotel, Limitations
(1)If there are any deficiencies or flaws in Hotel services, the Hotel will endeavor to rectify the situation without delay, after receiving a complaint from the Guest. If the Guest willfully fails to inform the Hotel, the Guest is no longer entitled to claim a reduction of the agreed price.
(2) According to law the Hotel shall be liable for any injury to life, limb and health.
(3) The Hotel is only liable for other damages caused by slight negligence if these damages arise from the violation of a fundamental contractual obligation, or cardinal obligation, when this violation endangers the fulfillment of the intent of the agreement. In such cases liability is limited to the foreseeable damage that is typical for this type of agreement.
(4)In all other damage cases, whether a singular case or combined cases, which are related to contractual obligations the liability of the Hotel shall be limited to a maximum amount of €3,000,0000.00 for material damages and €150,000.00 max. for financial damages. Limitation and exclusion of liability regulations shall not be applicable if these other damages stem from a willful or grossly negligent violation of obligations by the Hotel itself, its legal representatives or its managing employees.
(5) The aforesaid liability limitations shall be applied to all damage claims regardless of cause, including claims stemming from an unlawful act. The aforesaid liability limitations shall also be applied to all claims a Guest might have against any employee or any other person assisting in the fulfillment of the obligations of the Hotel. However, they shall not be applicable in cases where the Hotel has either guaranteed the specifications of a service or product, or has maliciously remained silent about defects, or in cases of personal injury.
(6) The Hotel's liability for objects brought in by the costumer shall be limited, in accordance
with the statutory provisions, to the hundredfold room price, but not more than € 3.500,00. Liability claims expire upon failure of immediate reporting of loss, destruciton or damage after gaining knowledge to the hotel.
(7) In cases where the Guest uses the Hotel garage or Hotel parking, even if the Guest has paid for such use, a contract of safe custody shall not be constituted. The Hotel is not obliged to provide surveillance of the property. In cases where cars or their contents have been stolen or damaged while the cars were parked or moved on Hotel property, the Hotel shall not be liable, unless the Hotel or its legal representatives, or any other person assisting in the fulfillment of the obligations of the Hotel, have acted either with willful intent or gross negligence. In such cases the Guest must make a claim for damages to the Hotel before leaving the site.
(8) Requests for wake-up calls shall be carried out with the great care. However, any damage claims are excluded unless they arise from acts of gross negligence or willful intent.
(9) Messages, mail and delivered packages for Guests will be treated with care. The Hotel shall take responsibility for delivery and storage, and, upon request and payment of a fee, shall also forward items. Lost items shall also be stored upon request. However, damage claims regarding all of the above are excluded with the exception of cases of gross negligence or willful intent. After having stored the items for no more than one month, the Hotel is entitled to charge the Guest an appropriate fee and give the aforesaid items to a local lost-and-found office.
(10) Any claim for damages that the Guest has against the Hotel expires after a period of two years at the latest from the date the Guest became aware of the damage, or - independently of this - after a period of three years from the date in which the incident that caused the damage took place. This regulation shall not be applicable to injury to life, limb or health, nor to any other damages arising from violations of obligations due to acts of gross negligence or willful intent by the Hotel, a legal representative of the Hotel or any person assisting in the fulfillment of the obligations of the Hotel.
VIII. Final Clauses
(1) Any changes or amendments to either the Accommodation Agreement, booking order acceptance, or the Terms and Conditions shall be made in written form. Any unilateral changes or additional declarations shall be invalid.
(2) Place of fulfillment and place of payment is the registered office of the Hotel.
(3) The exclusive place of jurisdiction - also in regard to conflicts involving checks or bills of exchange - in commercial business interactions is the registered office of the Hotel. In cases where one of the commercial contracting parties does not have a general place of jurisdiction in Germany, the registered office of the Hotel shall be the place of jurisdiction. However, the Hotel is entitled to present a claim or any other legal action at the general place of jurisdiction of the Guest.
(4) These General Terms and Conditions shall be governed by the law of the Federal Republic of Germany.
(5) In cases where certain provisions of the General Terms and Conditions for Hotel Accommodation are or become invalid or null and void, the validity of the other provisions of this Agreement shall not be affected. If, in addition, any gaps arise in relation to the Agreement, the applicable legal provisions shall apply.