GENERAL TERMS AND CONDITIONS FOR HOTEL ACCOMMODATION CONTRACTS
I. CONTRACT COMPLETION, PARTNER, STATUTE OF LIMITATIONS
1. The contract shall come into force upon the hotel’s acceptance of the customer’s application. At its discretion, the hotel may confirm the room reservationin text form.
2. The contractual partners are the hotel and the customer.
3. All claims against the hotel are generally time-barred one year after the commencement of the statute of limitations. Damage claims lose their validity after 5 years, independent of knowledge. The reduction of the statute of limitation periods shall not apply for claims which are based on an intentional or grossly negligent breach of obligation by the hotel.
II. 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 obligated to pay the applicable or agreed hotel prices for rooms provided and for other services used. This shall also apply to the hotel’s services and outlays to third parties caused by the customer. The agreed prices include the a value added tax.
3. The hotel reserves the right to change prices if the customer later wishes to make changes to the number of reserved rooms, the hotel’s services, or the length of guests’ stay, whould the hotel agree to such changes.
4. The hotel is entitled to require a reasonable advance payment or security deposit upon conclusion of the contract. The amount of the advance payment and payment dates may be agreed in writing in the contract. Legal provisions for package tours remain unaffected.
III. REPUDIATION BY THE CUSTOMER (CANCELLATION) /FAILURE TO USE HOTEL SERVICES (NO SHOW)
1. Cancellation by the customer of the contract concluded with the hotel requires the hotel’s written consent. If such consent is not given, then the price agreed in the contract must be paid even if the customer does not use the contractual services. This shall not apply with the breach of obligation of the hotel to take into account the rights, objects of legal protection and interests of the customer, if holding to the contract is no longer reasonable or another statutory or contractual cancellation right exists.
2. If the hotel and customer agreed in writing upon a deadline for a cost-free cancellation of the contract, the customer may cancel the contract up to this date without incurring payment or damage compensation claims by the hotel. The customer’s right of cancellation shall expire if he does not exercise this cancellation right in writing with the hotel by the agreed date, as long as no case pursuant to Nr. 1, sentence 3 supra exists.
3. If rooms are not used by the customer, the hotel must apply credit for the income from renting the rooms to other parties and also for saved expenses..
The following cancellation and payment rules apply:
- up to 7 days before arrival: cancellation free of charge
- from 6 to 1 days before arrival: cancellation fee of 80% of the agreed price
- cancellation on the day of arrival: cancellation fee of 100% of the agreed price
IV. CANCELLATION BY THE HOTEL
1. To the extent that a right of cost-free cancellation within a certain period was agreed in writing for the customer, the hotel is entitled for its part to cancel the contract during that period if there are Enquiries from other customers regarding the contractually reserved rooms and the customer does not waive his right of rescission upon inquiry thereof by the hotel.
2. If an agreed advance payment or an advance payment demanded pursuant to Item III, Nr. 6 supra is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to cancel the contract.
3. Moreover, the hotel is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause, e.g. if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
- rooms are reserved with misleading or false information regarding material facts, such as the identity of the customer or the purpose;
- the hotel has justified cause to believe that use of the hotel’s services might jeopardise the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization;
- there is a breach of the item I. Nr. 2 supra.
4. The customer can derive no right to compensation from justified cancellation by the hotel.
V. ROOM AVAILABILITY, DELIVERY AND RETURN
1. The customer does not acquire the right to be provided specific rooms.
2. Reserved rooms are available to the customer starting at 2:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability.
3. Rooms must be vacated and made available to the hotel no later than 11:00 a.m. on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the hotel may charge 50 percent of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 100 percent). The customer is at liberty to show the hotel that it incurred no or much lesser claim to use damages.
VI. LIABILITY OF THE HOTEL
1. The hotel is liable to exercise the duty of care of an ordinary merchant with the performance of its obligations arising from the contract. Claims of the customer for reimbursement of damages are precluded except for such which result from injury to life, body or health and the hotel is responsible for the breach of the obligation, other damage which is caused from an intentional or grossly negligent breach of obligation and damage which is caused from an intentional or negligent breach of obligations of the hotel which are typical for the contract. A breach of obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or employee. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection without undue delay by the customer. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage at a minimum.
2. The hotel is liable to the customer for property brought in to the hotel in accordance with the statutory provisions, i.e., up to one hundred times the room rate, not to exceed € 3,500 and up to € 800 for cash, securities and valuables.
VII. FINAL PROVISIONS
1. Amendments and supplements to the contract, the acceptance of applications, or these General Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral amendments and supplements by the customer are not valid.
2. Place of performance and payment is the location of the hotel’s registered office.
3. In the event of dispute, including disputes for checks and bills of exchange, the courts at the location of the hotel’s registered office shall have exclusive jurisdiction for commercial transactions. Insofar as a contracting party fulfills the requirements of § 38, para. 2 of the German Code of Civil Procedure and does not have a general venue within the country, the courts at the location of the hotel’s registered office shall have jurisdiction.
4. The contract is governed by and shall be construed in accordance with the laws of the Federal Republic of Germany. The application of the UN Convention on the International Sale of Goods and the conflict of laws are precluded.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby.