General Terms and Conditions for Hotel Accommodation Contracts

Scope of Contract

1. These terms and conditions apply to contracts for the rental of
hotel rooms for accommodation purposes as well as all other
goods and services rendered by the Hotel for the customer.
2. Prior written consent by the Hotel is required if rooms provided
are to be sublet or rented to third parties or used other than for
accommodation purposes.
3. The customer’s terms and conditions shall only apply if these
were agreed in advance.
Contract Conclusion, Parties, Liability, Limitation
1. The contract shall come into force upon the hotel’s acceptance
of the customer’s application. The Hotel can elect to confirm the
room reservation in writing.
2. The contracting parties are the Hotel and the customer. Should a
third party have booked a room on behalf of a customer, then that
third party and the customer shall be liable to the Hotel as joint
debtors for all obligations arising from the Hotel Accommodation
Contract, insofar as the Hotel has received a corresponding
statement from the third party.
3. The Hotel is liable for its contractual obligations. The liability for
wrongful intent and gross negligence claims in areas outside the
scope of typical services is limited.
4. The limitation of claim for all customer claims is six months.
5. The above restricted liability and short limitation period shall also
apply to the hotel’s benefit in cases where obligations have been
violated in the contract proposal or positive contractual obligations.
Services, Prices, Payment, Set-Off
1. The Hotel is obliged to reserve the room booked by the customer
and to render the agreed services.
2. The customer is obliged to pay the agreed or applicable prices
for the room and any other services he or she makes use of. This
also applies to the Hotel’s services and outlays to third parties
required by the customer.
3. The agreed prices include currently applicable value-added tax.
Should the period between the conclusion and performance of
contract exceed four months, and should the Hotel’s price or the
services agreed upon be raised in general, the Hotel may increase
the agreed price appropriately, but by no more than 10%.
4. Moreover, prices may be changed by the Hotel if the customer
requests changes to number of rooms reserved, hotel services, or
length of stay subsequent to conclusion of contract, and the Hotel
consents to the changes.
5. Hotel bills not stating a due date are to be paid in full within 10
days after receipt without deductions. The Hotel is entitled to call
for the immediate payment of accrued charges at any time. Should
payment be delayed, the hotel is entitled to add interest at 4% over
the current discount rate of the German Federal Bank. The
customer has the right to prove lesser damage; the Hotel reserves
the right to prove greater damage.
6. The Hotel is entitled, during or after the conclusion of contract, to
demand an advance payment or appropriate security deposit for
package tours in accordance with legal regulations. The amount of
the advance payment and the payment schedule may be agreed in
writing.
7. The Customer may only offset or reduce a Hotel claim with an
undisputed or legally binding claim.
Customer’s Withdrawal from the Contract (Revocation or
Cancellation)
1. A customer may only cancel the contract made with the Hotel if
the written consent of the Hotel is given. If written consent is not
given, the customer is obliged to pay the agreed contractual price
even if the customer does not avail himself of the contractually
agreed services. This shall not apply in the event of statutory delay
in performance on the part of the hotel or in the case of
impossibility of performance for which the hotel can be held
responsible.
2. Insofar as a cancellation date has been agreed upon in writing
between the Hotel and the customer, the customer can cancel the
contract before that date without being obliged to meet payment or
damage claims asserted by the Hotel The customer’s right to
withdraw from the contract shall expire if the customer fails to
exercise his right to withdraw from the contract in writing, provided
that there is no delay in performance on the part of the hotel or
impossibility of performance for which the hotel can be held
responsible.
3. If rooms are not used by the customer, the hotel shall credit the
earnings and saved expenses from renting the rooms to other
parties.
4. The Hotel is entitled to demand a lump-sum compensation from
the customer for the claims accruing to it.
In this case the customer is obliged to pay 80 per cent of the
contractually agreed price for accommodation with breakfast, 70%
for half pension and 60% for full pension arrangements.
The customer can elect to prove that no damage has arisen or that
less damage has arisen than demanded in the lump-sum
compensation.
Cancellation by the Hotel
1. If the customer’s right to withdraw from the contract within a
certain period of time has been agreed in writing, the hotel, for its
part, is entitled to withdraw from the contract within this period if
there are requests by other customers for the contractually
reserved rooms and if the customer, upon further inquiry by the
hotel, does not waive his right of withdrawal.
2. If an agreed advance payment is not made by the customer
within due time or even after a reasonable grace period set by the
hotel under refusal warning, then the hotel is entitled to cancel the
contract.
3. Furthermore, the hotel is entitled to effect an extraordinary
cancellation of the contract for reasons which are justified on
factual grounds, for example if:
a) force majeure or other circumstances for which the hotel cannot
be held responsible make it impossible to fulfil the contract
b) rooms were reserved under misleading or false statements
regarding, for example, the customer’s identity or the purpose of
the reservation.
c) the hotel has justified cause to believe that availment of the
hotel’s services might jeopardize the hotel’s smooth business
operation, safety, or public reputation, even if such matters cannot
be attributed to the hotel’s sphere of control or organisation.
d) there is a breach of contract as stated under para 2 above.
4. The Hotel must notify the customer immediately if it plans to
exercise its right to cancellation.
5. If the Hotel legitimately exercises its right to cancellation, the
customer has no claim to compensation.
Availability, Taking Over and Vacating of Rooms
1. The customer shall have no right to a particular room.
2. Booked rooms are available to the customer from 3.00pm of the
arranged arrival day. The customer has no right to access the room
earlier.
3. On the agreed departure day customers must vacate their rooms
by 11.00am. If the customer remains in the room longer than the
time stipulated above, the Hotel may charge an extra 50% of the
full room price up to 6.00pm, and may charge an extra 100% after
that time. The customer has the right to prove that no damage or
significantly lower damages have arisen for the Hotel.
Liability of the Hotel
1. The hotel is liable to exercise the due care of a prudent
businessman. In areas which do not fall under the services typically
covered by a hotel accommodation contract, the hotel’s liability is
limited to such failure of performance, damage, ensuing damage,
or disturbances which are caused by an intentional or grossly
negligent breach of obligation on the part of the hotel. Should
disruptions or deficiencies occur in the performance of the hotel,
the hotel, upon knowledge thereof or upon receiving a complaint by
the customer, shall use its best endeavours to remedy the
situation. The customer shall be obliged to reasonably contribute to
the solution of the problem and to minimize possible damages.
2. The hotel’s liability for objects brought in by the customer shall
be limited according to statutory regulations i.e. to a hundred times
the room rate, but no more than € 3,068,00, as well as cash and
valuables up to € 3,068,00. Cash and valuables may be kept in the
hotel safe or room safe with coverage up to € 10,226.00 (insured
sum). The Hotel recommends that the customer make use of these
facilities. Liability claims will lapse if the customer does not
immediately notify the Hotel of loss, destruction, or damage (§ 703
of the German Civil Code).
3. Legal provisions govern the unlimited liability of the Hotel.
4. Insofar as the hotel provides to the customer a parking space in
the hotel garage or on the hotel parking lot, this does not constitute
a safekeeping agreement even if the customer pays a fee for the
parking space. If motor vehicles or the contents of vehicles parked
or manoeuvred or otherwise situated on the hotel premises are lost
or damaged, the Hotel shall not assume liability unless such
damage has been caused by wilful intent or gross negligence on
the part of the hotel. This limited liability shall also apply to the
Hotel’s employees and agents.
5. Wake-up calls will be carried out by the hotel with utmost care
and due diligence. Related damage claims shall be excluded
except in cases of wilful intent or gross negligence on the part of
the hotel.
6. Messages, mail, packages, and merchandise deliveries for the
guests will be handled with care. The hotel will carry out the
delivery, storage, and, upon request and at a charge, the
forwarding of such items. Related damage claims shall be excluded
except in the event of wilful intent or gross negligence on the part
of the hotel.
Final Provisions
1. Any changes or amendments to this contract, to the acceptance
of a reservation request, or to the general terms and conditions laid
out in the hotel accommodation contract shall be made in writing.
Unilateral changes or amendments made by the customer shall be
invalid.
2. Place of performance and payment shall be the Hotel's
registered office.
3. Exclusive place of jurisdiction for commercial transactions,
including disputes involving cheques and bills, shall be the Hotel's
registered office. As long as a contracting party meets the
conditions of Article §38 Paragraph 1 of German Civil Procedure
Law (“ZPO”) and has no general place of jurisdiction in Germany,
the place of jurisdiction shall be the Hotel's registered office.
4. This contract is governed by the laws of the Federal Republic of
Germany.
5. Should individual provisions of the general terms and conditions
in the hotel accommodation contract be or become invalid or void,
the validity of the remaining provisions in the contract shall remain
unaffected. All applicable legal regulations shall also apply.