General terms and conditions for the hotel accommodation agreement
Scope of Application
1. These terms and conditions shall extend to agreements on allowing the use of hotel rooms by way of tenancy for providing lodgings as well as all other services and supplies of the hotel furnished to the customer.
2. Subletting or reletting the rooms allowed the use of or using them for purposes other than lodging shall require the hotel’s prior written permission.
3.The customer's terms and conditions shall only apply if this was agreed to in advance.
Finalising the agreement, contractual parties and contractual liability; statute of limitations
1.The agreement shall materialise when the hotel accepts the customer's request. The hotel shall be at liberty to confirm booking of the room in writing.
2. The contractual parties shall be the hotel and the customer. If a third party has ordered for the customer, said third party shall be liable to the hotel together with the customer as the co-debtor for all obligations from the hotel accommodation agreement provided that the hotel is in possession of a declaration of the third party.
3. The hotel shall be liable for its obligations from the agreement. Said liability shall be limited to the hotel's intent and gross negligence in the area not typical of its performance.
4. The limitation of actions shall be six months for all the customer's claims.
5. This limitation of liability and brief limitation of actions shall apply in favour of the hotel even if obligations were violated when initiating the agreement and with positive contract violation.
Services, Prices, Payment and Setting off
1. The hotel shall provide the rooms booked by the customer and furnish the agreed to services.
2. The customer shall pay the hotel's applicable or agreed to prices for allowing the use of the room and the other services the customer claims. This shall also extend to the hotel's services and expenditures to third parties arranged for by the customer.
3. The agreed to prices include the applicable statutory value-added tax. If the period between finalising the contract and contract compliance is in excess of 4 months and if the price generally charged by the hotel for said services rises, it can raise the contractually agreed to price to an appropriate extent, however no more than 10%.
4. The hotel can further change the prices if the customer subsequently wishes changes in the number of rooms booked, the hotel's services or the period of accommodation for the guests and if the hotel consents.
5. The hotel's invoices without a due date of payment shall be payable without deductions within 10 days after receipt of the invoice. The hotel shall be entitled to make accumulated claims due for payment at any time and demand immediate payment. If there is a delay in payment, the hotel shall be entitled to charge interest 4% above the discount rate of the Deutsche Bundesbank. The customer shall be reserved the right to prove lesser damage, and the hotel shall be reserved the right to prove greater damage.
6. The hotel shall be entitled to demand an appropriate advance payment or provision of security when the agreement is finalised or afterwards applying the legal provisions for package tours. The amount of the advance payment and the dates of payment can be agreed to in writing in the agreement.
7. The customer can only set off against a claim of the hotel or diminish the price with a claim that is undisputed or declared final and conclusive.
The customer withdrawing (cancellation)
1. The customer's withdrawing from the agreement finalised with the hotel shall require the hotel's written permission. If the hotel does not give permission, the agreed to price from the agreement shall also be paid if the customer does not claim contractual services. This shall not apply in cases of the hotel's statutory delay in performance or any impossibility in furnishing performance that it is responsible for.
2. Provided that the hotel and the customer have agreed to a deadline for withdrawing from the agreement in writing, the customer can withdraw from the contract until then without triggering the hotel’s claims for payment or claims to compensation for damage. The customer's right of cancellation shall expire if the customer does not exercise his or her right to cancel in writing towards the hotel by the agreed to date provided there is not a case of the hotel's statutory delay in performance or any impossibility in furnishing performance that the hotel is responsible for.
3. The hotel has to credit the income from otherwise letting the rooms and expenditures saved with rooms not claimed by the customer.
4. The hotel shall be at liberty to express the damage that it incurs and that the customer has to reimburse it as a round sum. In this case, the customer shall pay 90% of the contractually agreed to price for the overnight stay with or without breakfast, 70% for bed, breakfast and lunch or dinner and 60% for full board arrangements. The customer shall be at liberty to prove that no loss has been incurred or that the loss the hotel has incurred is lower than the lump sum claimed.
The hotel's withdrawing
1. Provided that the customer's right to cancellation has been agreed to in writing within a specific period, the hotel shall be entitled within this period to withdraw from the agreement if there are queries from other customers for the contractually booked rooms and the customer does not waive his or her right to withdraw at the hotel's query.
2. If an agreed to advance payment has not been rendered even after the expiration of an appropriate extension set by the hotel while threatening rejection, the hotel shall also be entitled to withdraw from the agreement.
3. Further, the hotel shall be entitled to pronounce extraordinary withdrawal from the agreement for an objectively justified reason, for instance if
- force majeure or any other circumstances beyond the hotel's control make it impossible to comply with the agreement,
- rooms have been booked giving misleading or false information on essential facts, for instance on the person of the customer or his or her purpose,
- the hotel has a justified reason to believe that claiming the hotel services might jeopardise smooth business operations or the hotel's safety or public reputation without this being attributable to the hotel's area of control or organisation.
- there is a violation against the area of application of Paragraph 2.
4. The hotel has to notify the customer of exercising its right of withdrawing without delay.
5. If the hotel is justified in withdrawing, the customer shall not have any claim to compensation.
Providing, handing over and returning the rooms
1. The customer shall not acquire any claim to specific rooms being provided.
2. Rooms that have been booked shall be available to the customer from 2 p.m. of the agreed to date of arrival. The customer shall not have a claim to the rooms being provided any sooner.
3. The rooms shall be made available to the hotel vacated on the agreed to day of departure no later than 12 o'clock. Afterwards, the hotel can invoice 50% of the full lodging price (list price) beyond the damage it has thereby incurred for the additional usage of the room to 6 p.m. and 100% from 6 p.m. The customer shall be at liberty to prove to the hotel that it has not incurred any damage or substantially less damage.
The hotel's liability
1. The hotel shall be liable for the care of the prudent merchant. Said liability shall be in the area not typical of its performance, although it shall be limited to defects in performance, damage, consequential damage or disturbances that may be attributed to the hotel's intent or gross negligence. Should there be disturbances to or defects in the hotel's performance, the hotel shall put in its best efforts to remedy the situation if it is aware of them or at the customer's immediate notification. The customer shall contribute everything reasonable for him or her to rectify the disturbance and keep the potential damage minor.
2. The hotel shall be liable to the customer for things he or she has brought in pursuant to the statutory regulations; that shall be as much as 100 times the price of the room, however no more than 3.000,- euros, and as much as 750,- euros for money and valuables. Money and valuables may be stored in the hotel or room safe to a maximum value of (amount insured) deutsche marks. The hotel recommends taking advantage of this option. Any claims to liability shall expire if the customer does not notify the hotel immediately after receiving knowledge of the loss, destruction or damage (Section 703 of Bürgerliches Gesetzbuch - German Civil Code).
3. The statutory regulations shall extend to the hotel's unlimited liability.
4. A contract of deposit shall not materialise to the extent that a parking space has been made available to the customer in the hotel garage or at a hotel parking lot (even for a remuneration). If motor vehicles are parked or placed on the hotel grounds and their content are lost or damaged, the hotel not shall not be liable except with intent or gross negligence. The shall also extend to the hotel's vicarious agents.
5. The hotel shall make wake-up calls with great care. Claims to compensation for damage shall be ruled out excepting for intent or gross negligence.
6. News, post and shipments of goods for guests shall be treated with care. The hotel shall deliver, store and (at special request) forward them for a remuneration. Claims to compensation for damage shall be ruled out excepting for intent or gross negligence.
1. Modifications in or supplements to the agreement, accepting the request or these terms and conditions for hotel accommodations shall be made in writing. Any one-sided modifications or supplements by the customer shall be invalid.
2. The place of performance and the place of payment shall be the hotel's headquarters.
3. The exclusive venue - even for disputes on cheques and exchange - shall be the hotel's headquarters in commercial transactions. Provided that one contractual party meets the prerequisites of Section 38, Paragraph 1 of Zivilprozeßordnung (German Code of Civil Procedure) and does not have any general venue in Germany, the hotel's headquarters shall be deemed the venue.
4. German law shall apply.
5. Should single provisions of these general terms and conditions be or become invalid or null and void for hotel accommodations, that shall not affect the validity of the other provisions. Otherwise, the statutory regulations shall apply.