Terms & Conditions
1 Scope of Application
1.1
These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes as well as to all additional services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, and hotel room contract.
1.2
The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, requires the prior consent of the hotel in text form. Section 540 (1) sentence 2 of the German Civil Code (BGB) shall not apply insofar as the customer is not a consumer.
1.3
The customer’s general terms and conditions shall apply only if this has been expressly agreed in advance.
2 CONCLUSION OF THE CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD
2.1
The contracting parties are the hotel and the customer. The contract is concluded upon acceptance of the customer’s request by the hotel. The hotel is free to confirm the room reservation in text form. If a third party has made the reservation for the customer, that third party shall be jointly and severally liable with the customer towards the hotel.
2.2
All claims against the hotel shall generally become time-barred after one year from the statutory commencement of the limitation period. Claims for damages shall become time-barred after five years from the time the claimant becomes aware of the circumstances giving rise to the claim, unless they are based on injury to life, body, health, or freedom. Such claims for damages shall become time-barred after ten years regardless of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1
The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2
The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the rooms and for any additional services used. This also applies to services commissioned by the customer either directly or through the hotel that are provided by third parties and paid for in advance by the hotel.
3.3
The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Local charges that are owed directly by the guest under the respective municipal law, such as a tourist tax, are not included. If the statutory value added tax changes, or if local charges relating to the service are newly introduced, changed, or abolished after the contract has been concluded, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall apply only if the period between the conclusion of the contract and its performance exceeds four months.
3.4
The hotel may make its consent to a requested subsequent reduction in the number of rooms booked, the hotel’s services, or the customer’s length of stay conditional upon an increase in the price for the rooms and/or for the hotel’s other services.
3.5
Invoices issued by the hotel without a specified due date are payable in full within ten days of receipt of the invoice without any deductions. The hotel may demand immediate payment of due claims from the customer at any time. In the event of default in payment, the hotel is entitled to charge the statutory default interest currently amounting to 8% above the base interest rate, or 5% above the base interest rate in the case of legal transactions involving a consumer. The hotel reserves the right to prove and claim higher damages.
3.6
The hotel is entitled to require an appropriate advance payment or security from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in the contract in text form. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.
3.7
In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled—also after the contract has been concluded and up to the beginning of the stay—to request an advance payment or security deposit within the meaning of section 3.6 above, or to increase the advance payment or security deposit agreed in the contract up to the full agreed remuneration. In justified cases, e.g., if the customer is in arrears with payment, the hotel is also entitled to refuse further services.
3.8
The hotel is furthermore entitled, at the beginning and during the stay, to require the customer to provide an appropriate advance payment or security deposit within the meaning of section 3.6 above for existing and future claims arising from the contract, insofar as such payment or security has not already been provided in accordance with sections 3.6 and/or 3.7 above.
3.9
The customer may only offset or set off a claim against a claim of the hotel if the customer’s claim is undisputed or has been finally determined by a court of law.
3.10 PRICE ADJUSTMENT CLAUSE:
4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION) / NON-USE OF THE HOTEL’S SERVICES (NO-SHOW)
4.1
The customer may withdraw from the contract concluded with the hotel only if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists, or the hotel expressly agrees to the termination of the contract. The agreement of a right of withdrawal as well as any consent to terminate the contract must be made in text form. If this is not the case, the agreed contractual price must be paid even if the customer does not make use of the contractual services.
4.2
If a deadline for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract until that time without triggering any payment or compensation claims by the hotel. The customer’s right of withdrawal expires if the customer does not exercise this right in text form vis-à-vis the hotel by the agreed deadline.
4.3
If a right of withdrawal has not been agreed or has already expired, and if no statutory right of withdrawal or termination exists and the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite the services not being used. The hotel must credit any income from renting the rooms to other parties as well as any expenses saved. If the rooms are not rented to other parties, the hotel may apply a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight stays with or without breakfast and for package arrangements including third-party services, 70% for half-board arrangements, and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.
5 WITHDRAWAL BY THE HOTEL
5.1
If it has been agreed that the customer may withdraw from the contract free of charge within a specified period, the hotel shall likewise be entitled to withdraw from the contract during that period if requests from other customers for the contractually booked rooms exist and the customer, upon inquiry by the hotel and within a reasonable deadline, does not waive the right of withdrawal.
5.2
If an advance payment or security deposit agreed or requested in accordance with section 3.6 and/or section 3.7 is not made even after the expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
5.3
Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if:
– force majeure or other circumstances for which the hotel is not responsible make the fulfilment of the contract impossible;
– rooms or premises are booked culpably under misleading or false information or by concealing essential facts; essential facts may include the identity of the customer, the customer’s ability to pay, or the purpose of the stay;
– the hotel has justified reason to believe that the use of the services may jeopardize the smooth operation, safety, or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
– the purpose or reason for the stay is unlawful;
– there is a violation of the above-mentioned section 1.2.
5.4
A justified withdrawal by the hotel shall not give rise to any claim for damages by the customer.
6 ROOM PROVISION, HANDOVER AND RETURN
6.1
The customer shall not acquire any right to the provision of specific rooms unless this has been expressly agreed in text form.
6.2
Booked rooms are available to the customer from 4:00 p.m. on the agreed day of arrival. The customer has no right to earlier availability.
6.3
On the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 11:00 a.m. Thereafter, due to the late vacating of the room, the hotel may charge 50% of the full accommodation price (list price) for use of the room beyond the contractual period until 3:00 p.m., and 100% thereafter. This does not establish any contractual claims on the part of the customer. The customer is free to prove that no or a significantly lower claim for compensation for use has arisen for the hotel.
7 LIABILITY OF THE HOTEL
7.1
The hotel shall be liable for damages for which it is responsible resulting from injury to life, body, or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel, or on an intentional or negligent breach of contractual obligations typical for the contract. A breach of duty by a legal representative or vicarious agent shall be deemed equivalent to a breach of duty by the hotel. Any further claims for damages are excluded unless otherwise provided for in this section 7. Should disruptions or defects in the hotel’s services occur, the hotel shall, upon becoming aware of them or upon immediate notification by the customer, endeavor to remedy the situation. The customer is obliged to contribute what is reasonably expected in order to remedy the disruption and to minimize any possible damage.
7.2
The hotel shall be liable for items brought onto the premises by the customer in accordance with the statutory provisions. The hotel recommends the use of the hotel safe or the in-room safe. If the guest wishes to bring in money, securities, or valuables with a value exceeding EUR 800, or other items with a value exceeding EUR 3,500, this requires a separate safekeeping agreement with the hotel.
7.3
If a parking space in the hotel garage or on the hotel parking lot is made available to the customer, even for a fee, this does not constitute a safekeeping contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel premises and their contents, the hotel shall be liable only in accordance with the provisions of section 7.1, sentences 1 to 4 above.
7.4
Wake-up calls are carried out by the hotel with the utmost care. Messages, mail, and parcels for guests are handled with care. The hotel will undertake their delivery, storage, and—upon request and for a fee—their forwarding. In this respect, the hotel shall be liable only in accordance with the provisions of section 7.1, sentences 1 to 4 above.
8 FINAL PROVISIONS
8.1
Amendments and supplements to the contract, the acceptance of the application, or these General Terms and Conditions should be made in text form. Unilateral amendments or supplements by the customer shall be invalid.
8.2
The place of performance and payment, as well as the exclusive place of jurisdiction – including for disputes concerning checks and bills of exchange – in commercial transactions shall be Koblenz. If a contracting party meets the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, Koblenz shall be deemed the place of jurisdiction.
8.3
German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and the rules of conflict of laws is excluded.
8.4
Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
