Terms & Conditions
GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT (AGBH 8.0)
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 subletting of the rooms provided and their use for purposes other than accommodation require the hotel's prior consent in text form, whereby Section 540 Paragraph 1 Sentence 2 BGB is waived unless the customer is a consumer within the meaning of Section 13 BGB.
1.3 The customer's general terms and conditions only apply if this has been expressly agreed upon in writing beforehand.
2 CONCLUSION OF CONTRACT, PARTNER, LIMITATION OF LIMITATIONS
2.1 The contractual partners 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 rooms provided and for other services used. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel.
3.3 The agreed prices include taxes and local charges applicable at the time the contract is concluded. Local taxes that are owed by the guest according to local law, such as tourist tax, are not included.
If there is a change in the statutory sales tax or the introduction, change or abolition of local taxes on the subject of the service after the contract has been concluded, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion of the contract and fulfillment of the contract exceeds four months.
3.4 The hotel can make its consent to a subsequent reduction in the number of rooms booked, the hotel's services or the customer's length of stay requested by the customer dependent on the price for the rooms and/or for the hotel's other services increasing appropriately .
3.5 Hotel invoices are due for payment immediately upon receipt without deduction. If payment by invoice has been agreed, payment must be made without deductions within ten days of receipt of the invoice, 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 writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. In the event of default in payment by the customer, the statutory provisions 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, at the beginning of and during the customer's stay, to request an appropriate advance payment or security deposit 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 CUSTOMER WITHDRAWAL (CANCELING, CANCELLATION)/
FAILURE TO USE THE HOTEL SERVICES (NO SHOW)
4.1 The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal was 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 a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract until then without triggering any claims for payment or damages from the hotel.
4.3 If a right of withdrawal has not been agreed or has already expired, there is no statutory right of withdrawal or termination and the hotel does not agree to the cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel must take into account the income from renting the rooms elsewhere as well as the saved expenses. If the rooms are not rented to someone else, the hotel can make a flat rate deduction for saved expenses. In this case, the customer is obliged to pay 80% of the contractually agreed price for overnight stays with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 70% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise to the required amount.
5 WITHDRAWAL BY THE HOTEL
5.1 If it has been 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 responds to the hotel's inquiry with appropriate deadline does not waive his right to withdraw. This applies accordingly if an option is granted if there are other requests and the customer is not prepared to make a firm booking when asked by 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 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 fulfillment of the contract impossible;
– Rooms or rooms are culpably booked with misleading or false information or with the concealment of essential facts; The identity of the customer, the ability to pay or the purpose of the stay may be important;
– the hotel has reasonable grounds to believe that the use of the service may endanger the smooth operation of the business, the security or the public reputation of the hotel, without this being attributable to the control or organizational area of the hotel;
– the purpose or reason for the stay is unlawful;
– there is a violation of Section 1.2 above.
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 does not acquire the right to be provided specific rooms unless this has been expressly agreed in writing.
6.2 Booked rooms are available to the customer from 16:00 p.m. on the agreed arrival date. The customer has no right to earlier availability.
6.3 On the agreed departure day, the rooms must be vacated and made available to the hotel by 10:00 a.m. at the latest. Thereafter, due to the late vacating of the room, the hotel can charge 18% of the full accommodation price (price according to the price list) for its use beyond the contract until 00:60 p.m., and 18% from 00:90 p.m. This does not justify the customer's contractual claims. He is free to prove that the hotel has no or a significantly lower claim to usage fees.
7 LIABILITY OF THE HOTEL
7.1 The hotel is liable for damages resulting from injury to life, body or health for which it is responsible. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of the hotel's typical contractual obligations. Typical contractual obligations are those obligations that make the proper execution of the contract possible and on whose fulfillment the customer trusts and may rely. 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 stipulated in this Section 7. If disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation upon knowledge or immediate complaint from the customer. The customer is obliged to do what is reasonable for him to remedy the disruption and keep any possible damage to a minimum.
7.2 The hotel is liable to the customer for items brought in in accordance with the statutory provisions. The hotel recommends using the hotel or room safe. If the customer wishes to bring in money, securities and 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 car park, even for a fee, this does not result in a custody agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with the above clause 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the greatest care.
Messages for customers are handled with care. After prior agreement with the customer, the hotel can accept, store and - if requested - forward mail and consignments of goods for a fee. The hotel is only liable in accordance with Section 7.1, sentences 1 to 4 above.
8 FINAL PROVISIONS
8.1 Changes and additions to the contract, the acceptance of the application or these general terms and conditions should be made in text form. 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 - in commercial transactions is the location of the hotel. If the customer meets the requirements of Section 38 Paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the hotel's registered office.
8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods 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/
However, the hotel does not take part in dispute resolution procedures before consumer arbitration boards.