General terms and conditions for the hotel accommodation contract (as of: May 2011)
Scope of Application
These terms and conditions apply to any contracts on the provision of hotel rooms for accommodation and any connected services.
They apply exclusively. Contrary or deviating terms and conditions of the customer are not accepted unless this has been expressly agreed on in writing before.
Conclusion of the Contract, Contracting Partner
The contract shall only be entered into when the hotel accepts the customer’s offer to enter into a contract and confirms this to the customer in text form. If a confirmation in text form is not possible from case to case, confirmation on the phone by the hotel shall be sufficient.
The contracting partners are the hotel and the customer who uses the hotel service. If a third party has ordered for the customer, he shall be liable towards the hotel as a joint and several debtor with the customer for all obligations from the hotel accommodation contract.
Services, Prices, Payment
The hotel is obliged to keep the rooms booked by the customer ready and to render the agreed services. Where not agreed on differently, there is no claim to provision of a specific room.
The customer is obliged to pay the prices applicable for the further services utilised by him and the agreed prices of the hotel. This shall also apply to any services and expenses of the hotel for third parties that were initiated by the customer.
The agreed prices shall include the respective VAT. If the VAT is increased after conclusion of the contract, the room VAT rate applicable at the time the room was used shall apply.
If the period between conclusion of the contract and performance of the contract exceeds three months and if the price charged by the hotel in general for such services increases between conclusion of the contract and rendering of the service, the hotel may increase the contractually agreed price appropriately, but by no more than 5%. In this case, the customer shall have the right to declare rescission of the contract.
The hotel shall have the right to make the binding reservation of the room dependent on a down payment being made. The hotel may demand an appropriate down payment after conclusion of the contract.
The invoiced amount to be paid by the customer shall be due and payable no later than at departure of the customer. Down payments demanded by the hotel shall be payable by the respective time indicated by the hotel.
The hotel shall have the right to demand advance payment of the full price or the collateral at any time – even after the customer has moved into the room – if there is any doubt about the customer’s ability to pay. For stays exceeding seven days or claims exceeding EUR 750.00 for already rendered services, the hotel may also issue interim bills that are due for payment immediately.
If the customer enters default of payment with even one invoice, the hotel shall have the right to cease any further and future services for the customer if the hotel has previously reminded the customer while setting a grace period and threatened to cease future services if the payment is not made in time.
The hotel shall be free to accept and choose credit cards from case to case at submission of a credit card, even if general acceptance of credit cards is posted in the hotel.
Set-Off and Retention Rights
The customer shall have a right to set off against claims of the hotel only where his counter-claims have been legally validly determined, are undisputed or have been accepted by the hotel.
A right of retention shall only be present where the claim of the hotel and the counter-claim of the customer are due to the same contractual relationship.
Rescission by the Hotel
Where a free rescission right of the customer within a specific period has been agreed on in writing from case to case at conclusion of the contact, the hotel shall also have the right to declare rescission of the contract within this period if there are requests from other customers for the contractually booked rooms and the customer does not waive his right of rescission upon being asked by the hotel.
If a down payment (cf. III no. 5) or advance payment (cf. III no. 7) is not made even after the end of an appropriate grace period set by the hotel, the hotel shall also have a right of rescission.
Furthermore, the hotel shall have the right to rescission of the contract for a factually justified reason, e.g. if
force majeure or other circumstances not due to the fault of the hotel make it impossible to perform the contract;
rooms are booked under misleading or wrong information on essential facts, e.g. in the person of the customer or purpose;
the hotel has a justified reason to assume that utilisation of the hotel services may endanger smooth business operation, the safety or reputation of the hotel in the public, without this being due to the sphere of control or organisation of the hotel;
the customer provides the room to a third party for use without the agreement of the hotel.
In case of justified rescission by the hotel, the customer shall not have any claim to damages.
Rescission by the Customer
The customer shall only have a right to rescission according to the proviso of the statutory provisions or based on contractual agreement. Where a date for free-of-charge rescission of the contract has been agreed in writing from case to case at conclusion of the contract between the hotel and the customer, the customer may only declare rescission of the contract without giving rise to payment or damages claims of the hotel until this date.
Otherwise, the customer shall be obliged to pay the agreed compensation even if he does not use the hotel’s services. The hotel shall set off income from other renting of the rooms and the expenses saved.
The hotel shall be free to apply a flat rate for the saved expenses. The customer shall in this case be obliged to pay 80% of the agreed price when booking a room without or without breakfast. The customer shall be free to prove that the actually saved expenses are higher.
Room Handover, Return and Provision
Booked rooms shall be available to the customer from 3 PM on the agreed arrival date onwards. The customer shall not have any claim to earlier provision of the room without a separate agreement.
Unless a later arrival time has been agreed on in advance or the room has already been paid for completely in advance or the customer provided the hotel with a credit card number that permits debiting of the room price even if the customer does not appear, the hotel shall have the right to assign the room otherwise after 6PM. In this case, the customer shall not have any claims against the hotel.
On the agreed departure day, the rooms shall be provided to the hotel cleared out no later than at 11.00 AM. After this, the hotel may charge EUR 70.00 due to delayed clearance of the room for use exceeding the contract until 6PM. From 6PM onwards, 100% of the full accommodation price (list price) may be invoiced. This shall not give rise to any contractual claims of the customer. He shall be free to prove that the hotel did not incur any or an essentially lower damage. Further possible damages claims of the hotel shall not be affected.
The sub- or further letting of the provided rooms and their use for other purposes than for accommodation shall require the previous written consent of the hotel. If the hotel does not agree to such sub- or further letting, this shall not give rise to any rescission right of the customer.
Right to Refuse / Send Away
The hotel shall have the right to refuse access to the hotel and accommodation to a customer if there is a justified concern at arrival of the customer that the customer is under the influence of alcohol or drugs or if he shows improper behaviour to the hotel staff or other customers. The hotel shall have the right to send a customer from the hotel and to terminate the present contract without notice if
he repeatedly disturbs the peace, harasses or insults other customers or the hotel staff.
Liability of the Hotel
Liability of the hotel independent of fault according to § 536 a German Civil Code is excluded.
Where the customer is provided with a spot on the hotel’s parking place, even for a free, the hotel shall not assume any custody for the parked vehicle and any objects stored in it; no custody contract is entered into. Accordingly, the hotel shall not be liable in case of loss of or damage to any motor vehicles that are parked or shunted on the hotel property, unless the hotel has caused the damage wilfully or by gross negligence.
For damage to any other objects brought by the customer, the hotel shall be liable to the customer according to the statutory provisions of §§ 701 et seqq. German Civil Code. Money, securities and valuables can be kept in the hotel’s safe. The hotel recommends making use of this option.
The hotel shall generally only be liable for asset damage to the customer in case of wilful intent or gross negligence. Deviating from this, the hotel shall be liable for asset damage in case of simple negligence as well if it has culpably violated an essential contractual obligation; in this case, the liability for damages shall, however, be limited to the foreseeable typically occurring damage.
The above limitations of liability shall apply to any damages claims, independently of their legal reason.
Any claims against the hotel shall generally expire one year after commencement of the regular expiration period according to § 199 para. 1 German Civil Code, which depends on taking notice. Damages claims shall expire after five years independently of knowledge of the circumstances founding the claim and the debtor. Reductions of expiration shall not apply in case of claims due to wilful or grossly negligent violation of obligations by the hotel or culpable violation of life, body or health of the customer.
Modifications of or supplements to the contract and these terms and conditions are to be made in writing.
The place of performance and payment shall be the hotel’s seat.
The exclusive place of jurisdiction, also for disputes regarding cheques and bills of exchange, shall be the hotel’s seat in commercial transactions. This shall also apply if the customer has no general place of jurisdiction in Germany.
German law shall apply exclusively. Application of UN purchasing law and international private law shall be excluded.
If individual provisions of these general terms and conditions are or become invalid or impractical, this shall not affect the validity of the remaining provisions. The invalid or impractical provision shall be replaced by such valid and practical provision the effect of which comes as close as possible to the economic target that the contracting parties have pursued with the invalid or impractical provision. The above provisions shall apply accordingly if there are any gaps in the contract. Apart from this, the statutory provisions shall apply.