General terms and conditions for the hotel accommodation contract and for events
I. Area of jurisdiction
- These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries of the hotel (hereinafter referred to as the "Hotel") provided to the customer.
2. The subcontracting or re-letting of the rooms and their use for purposes other than hotel accommodation require the prior written consent of the hotel, whereby §540 paragraph 1 sentence 2 BGB (German Civil Code) is excluded if the customer is not a consumer.
- The customer's terms of business shall only apply if this has been expressly agreed in writing beforehand.
II. Contract conclusion, partner; Statute of limitations
- The contract is concluded by acceptance of the customer's request by the hotel. The hotel is free to confirm the room booking in writing..
- Contractual partners are the hotel and the customer. If a third party ordered for the client, he / she stayed with the customer as a joint debtor for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.
- All claims against the hotel are subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of the $ 199 I BGB. Compensation claims become statute-barred after five years. The statutes of limitation shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. Services, prices, payments, offsetting
- The hotel is obliged to keep the rooms booked by the customer and to provide the agreed services.
- The customer is obliged to pay the prices of the hotel which are valid or agreed upon for the room transfer and the other services used by him. This also applies to the services and expenses of the hotel to third parties caused by the customer.
- The agreed prices include VAT. If the period between the conclusion of the contract and the fulfillment of the contract exceeds 4 months and the price calculated by the hotel in general for such services exceeds the contractually agreed price, it may increase by a maximum of 5%.
- The prices can also be changed by the hotel if the customer wishes to make changes in the number of rooms booked, the hotel's performance or the length of stay of the guests and the hotel agrees to this.
- Invoices of the hotel without due date are payable within 7 days from receipt of the invoice without deduction. The hotel is entitled to make accrued claims at any time and to demand immediate payment. In the event of a delay in payment, the hotel is entitled to charge the currently applicable statutory default interest of 8% or, in the case of legal transactions in which a consumer is involved, 5% above the base rate. The hotel reserves the right to prove and assert a higher loss. 6. The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or afterwards, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in the contract in writing.
- The customer can only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
IV. Cancellation by the customer (cancellation, cancellation) / non-use of the services of the hotel (no show)
- A withdrawal of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this is not done, the agreed price from the contract shall be payable even if the customer does not make use of contractual services.
This does not apply in the event of a breach of the hotel's obligation to respect the rights, legal interests and interests of the customer, if the latter is no longer to be expected to be bound by the contract or any other statutory or contractual right of withdrawal.
- If the hotel and the customer have agreed in writing to cancel the contract in writing, the customer can withdraw from the contract without incurring payment or compensation claims by the hotel. The right of withdrawal of the customer expires if he does not exercise his right to rescind the contract in writing against the hotel until the agreed date, unless a case of rescission occurs in accordance with clause IV, clause 1, clause 3.
- In the case of rooms not occupied by the customer, the hotel shall charge the income from the rental of the rooms and the expenses saved.
- The hotel is free to demand the contractually agreed remuneration and to flat-rate the deduction for expenses saved. The customer is obliged in this case to pay at least 90% of the contractually agreed price for overnight with or without breakfast, 80% for half-pension and 80% for full-pension arrangements.
V. Cancellation made from the Hotel
- If a free right of withdrawal of the customer has been agreed in writing within a certain period of time, the hotel is entitled in this period to withdraw from the contract if other customers' requests for the contractually booked rooms are available and the customer is in consultation with the hotel Right to rescind the contract.
- If an agreed advance payment or an advance payment requested in accordance with III paragraph 6 is not made even after the expiry of a reasonable period of grace set by the hotel, the hotel is also entitled to withdraw from the contract.
- In addition, the hotel is entitled to rescind the contract for materially justifiable reasons, for example if
• force majeure or other circumstances beyond the control of the hotel make the fulfillment of the contract impossible;
• Rooms are booked with misleading or incorrect details of important facts, eg in the person of the customer or the purpose;
• The hotel has reason to believe that the use of the hotel's services could jeopardize the smooth operation, security or prestige of the hotel in the public without being attributable to the hotel's sphere of control or organization; . There is a breach of Section I. 2 above.
- In case of justified rescission of the hotel, the customer is not entitled to claim damages.
VI. Room preparation, delivery and return
- The customer is not entitled to the provision of certain rooms.
- The customer is not entitled to the provision of certain rooms.
- On the agreed day of departure, the rooms are to be vacated by the hotel at 12:00 noon. Thereafter, the hotel may charge 50% of the full price (list price) up to 18:00 hours due to the late evacuation of the room for its contractual use, starting at 6:00 pm 100%. Contractual claims of the customer are not justified thereby. It is free to prove that the hotel has no or a significantly lower claim for usage compensation.
VII. Liability of the hotel
- The hotel is liable with due diligence of a proper merchant for his obligations under the contract. Claims of the customer for damages are excluded. Except for damage caused by injury to life, body or health, if the hotel is responsible for the breach of duty, and other damages resulting from intentional or grossly negligent breach of duty on the part of the hotel and damages resulting from an intentional or negligent violation Of contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should faults or deficiencies in the services of the hotel occur, the hotel will endeavor to remedy the situation if the customer is aware of it or if the customer's complaint is prompt. The customer is obligated to contribute to the reasonable, in order to remedy the disturbance and keep a possible damage low.
- The hotel shall be liable to the client for any items brought in, in accordance with the statutory provisions:
- Hundreds of the room rate, at most € 3,500, - as well as for money, securities and valuables up to € 800, -. Money, securities and valuables can be kept in the hotel safe up to a maximum of € 7.500. The hotel recommends making use of this facility. The liability claims expire if the customer does not immediately notify the hotel immediately after obtaining the knowledge of loss, 4. destruction or damage (§ 703 BGB). The foregoing clause 1 sentence 2 to 4 shall apply further liability of the hotel.
- Insofar as the customer is provided with a parking space in the hotel garage or in a hotel car park, also for a fee, no deposit agreement is concluded. The hotel is not liable in the event of loss or damage to the motor vehicle parked or parked on the hotel premises or its contents, except in cases of willful intent or gross negligence. This also applies to the hotel's services. The preceding paragraph 1 sentence 2 to 4 shall apply accordingly.
- Wake-up calls are carried out with the utmost care by the hotel, but the hotel is not liable for any damage that may occur during non-filling. Messages, mail and guest deliveries are treated with care. The hotel accepts the delivery, storage and - upon request - for the return of the same. The preceding paragraph 1 sentence 2 to 4 shall apply accordingly.
VIII. Final Clauses
- Amendments or additions to the contract, application or these terms and conditions for the hotel reception should be made in writing. Unilateral changes or additions by the customer are ineffective.