Terms of Service for the hotel accomodation contract
1 SCOPE OF APPLICATION
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term hotel accommodation contract includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
1.2 The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in writing, whereby Section 540 Paragraph 1 Clause 2 BGB is waived unless the customer is a consumer within the meaning of Section 13 BGB.
1.3 General terms and conditions of the customer only apply if this has been expressly agreed in writing beforehand.
2 CONCLUSION OF CONTRACT, PARTNER, LIMITATION OF LIMITATIONS
2.1 The contracting parties are the hotel and the customer. The contract is concluded when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in text form.
2.2 All claims against the hotel become statute-barred one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims if the latter are 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 hotel’s agreed or applicable prices for the provision of rooms and the other services used by him. This also applies to services commissioned directly by the customer or via the hotel, which are provided by third parties and disbursed by the hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local taxes, which are owed by the guest himself according to the respective local law, such as visitor’s tax.
In the event of a change in statutory sales tax or the introduction, change or abolition of local taxes on the object of performance after the contract has been concluded, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the performance of the contract exceeds four months.
3.4 The hotel can make its consent to a subsequent reduction in the number of booked rooms, the hotel’s services or the customer’s length of stay, as requested by the customer, dependent on the price for the room and / or for the other services of the hotel increasing appropriately .
3.5 Hotel bills are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment must be made within seven days of receipt of the invoice without any deductions, unless otherwise agreed.
3.6 The hotel is entitled to request an appropriate advance payment or security deposit 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 can be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. If the customer defaults on payment, the statutory regulations apply.
3.7 In justified cases, e.g. arrears in payment by the customer or expansion of the scope of the contract, the hotel is entitled to make an advance payment or security deposit within the meaning of section 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full, even after the conclusion of the contract up to the beginning of the stay to demand the agreed remuneration.
3.8 The hotel is also entitled to demand an appropriate advance payment or security deposit from the customer at the beginning of and during the stay within the meaning of section 3.6 above for existing and future claims from the contract, unless such a payment has already been made in accordance with section 3.6 and / or section 3.7 above was done.
3.9 The customer can only offset or set off an undisputed or legally binding claim against a claim by the hotel.
3.10 The customer agrees that the invoice can be sent to him electronically.
4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION, ANNULMENT) /
FAILURE TO USE HOTEL SERVICES (NO SHOW)
4.1 The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract.
4.2 If an appointment has been agreed between the hotel and the customer to withdraw from the contract free of charge, the customer can withdraw from the contract until then without triggering any payment or damage claims by the hotel.
4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite not using the service. The hotel must credit the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented to someone else, the hotel can 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 all-inclusive arrangements with third-party services, 70% for half-board 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 required amount.
5 WITHDRAWAL BY THE HOTEL
5.1 If it was agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period.
if there are inquiries from other customers about the contractually booked rooms and the customer
Inquiries by the hotel with a reasonable deadline do not waive its right to withdraw. This applies accordingly if an option is granted, if there are other inquiries and the customer is not ready to make a firm booking upon request of the hotel with a reasonable deadline.
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 a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justified reason, especially if
– Force majeure or other circumstances for which the hotel is not responsible, the fulfillment of the contract
to make impossible;
– rooms or rooms are culpably booked with misleading or false information or with concealment of essential facts; The identity of the customer, solvency or the purpose of stay can be essential;
– the hotel has justified cause to believe that the use of the service is the
smooth business operations, the safety or public image of the hotel
without this being attributable to the hotel’s sphere of control or organization
– the purpose or the reason for the stay is illegal;
– there is a violation of the above-mentioned section 1.2
5.4 The justified withdrawal by the hotel does not justify the customer’s claim to compensation.
6 ROOM AVAILABILITY, DELIVERY AND RETURN
6.1 The customer has no right to the provision of certain rooms, unless this has been expressly agreed in writing.
6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability.
6.3 On the agreed departure date, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, due to the late vacating of the room, the hotel can charge 50% of the full accommodation price (price according to the price list) for use beyond the contract up to 3:00 p.m., 90% from 3:00 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim to usage fee.
7 LIABILITY OF THE HOTEL
7.1 The hotel is liable for damages for which it is responsible, resulting from injury to life, limb or health. Furthermore, it is liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or an intentional or negligent breach of typical contractual obligations by the hotel. Typical contractual obligations are those obligations that enable the proper execution of the contract and on the fulfillment of which the customer trusts and may trust. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this section 7. Should disruptions or deficiencies in the hotel’s services occur, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
7.2 The hotel is liable to the customer for items brought in according to the statutory provisions.
The hotel recommends using the hotel or room safe. Provided the customer has money, securities and
If you wish to bring in valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
7.3 If the customer is provided with a parking space in the hotel garage or in the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with Section 7.1, sentences 1 to 4 above.
7.4 Wake-up calls are carried out by the hotel with great care.
Messages for customers are handled with care. The hotel can by prior arrangement
Take over the acceptance, storage and – on request – the forwarding of mail and goods for a fee with the customer. The hotel is only liable in accordance with the preceding section 7.1, sentences 1 to 4.
8 FINAL PROVISIONS
8.1 Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in writing. Unilateral changes or additions are ineffective.
8.2 The place of fulfillment and payment as well as the exclusive place of jurisdiction – also for check and bill of exchange disputes – is in commercial transactions Bad Windsheim – Neustadt an der Aisch. If the customer fulfills the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is Bad Windsheim – Neustadt an der Aisch.
8.3 German law applies. The application of the UN sales law is excluded.
8.4 In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (“OS platform”): http://ec.europa.eu/consumers/odr/ The hotel does not take part in dispute settlement proceedings before consumer arbitration boards.
PDF: PDF der AGB