innenstadtnah und idyllisch.
1. SCOPE OF APPLICATION
(1) These General Terms and Conditions apply to contracts for the rental of hotel rooms for lodging purposes and to all other services and deliveries provided by the hotel for the customer.
(2) The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation shall require the prior written consent of the hotel.
(3) The customer’s general terms and conditions shall apply only if expressly agreed in writing in advance.
2. CONCLUSION OF CONTRACT, CONTRACTING PARTIES, STATUTE OF LIMITATIONS
(1) A contract is concluded by written confirmation of the reservation confirmation sent by the hotel, alternatively by transmission of a valid credit card number.
(2) The contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors. These terms and conditions also apply to the third party.
(3) All claims against the hotel are subject to a limitation period of one year from the start of the statutory limitation period. The §§536, 536a BGB (civic ledger) do not apply.
3. SERVICES, PRICES, PAYMENT, SET-OFF
(1) The hotel is obligated to provide the rooms booked by the customer and to render the agreed services.
(2) The customer is obligated to pay the hotel’s applicable prices for the provision of the room and the other services used by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer.
(3) The prices include the taxes and local charges applicable at the time of the conclusion of the contract. Not included are local taxes, which are owed by the guest according to the respective local law, such as visitor’s tax. In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between the conclusion and fulfillment of the contract exceeds four months.
(4) The hotel may make its consent to a subsequent reduction requested by the customer 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.
(5) Invoices of the hotel are payable within 10 days from the date of invoice. In the event of late payment, the hotel is entitled to charge a lump sum (late fee, handling fee) in the amount of 10.00 Euro.
(6) The hotel is entitled to demand an advance payment or security deposit from the customer upon conclusion of the contract.
(7.) In justified cases, e.g. payment arrears on the part of the customer, the hotel is entitled to refuse to provide further services.
(8) The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.
4. CANCELLATION BY THE COSTUMER (cancellation and no-show)
(1) Withdrawal of the customer from the contract concluded with the hotel is possible only if a right of withdrawal has been expressly agreed in the contract, if another legal right of withdrawal exists, or if the hotel expressly agrees to the cancellation of the contract. The consent must be given in writing or by verbal transmission of the corresponding cancellation number. If this is not done, the agreed price from the contract must be paid even if the customer does not use contractual services.
(2) If the hotel and the customer agreed on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract until then without triggering payment or damage compensation claims of the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal towards the hotel by the agreed date.
(3) If a right of withdrawal has not been agreed upon or has already expired, there is also no legal right of withdrawal or termination. If the hotel does not agree to a cancellation of the contract, the hotel retains the claim to the agreed remuneration despite the non-utilization of the service. The hotel shall credit the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses in accordance with Section
(4) Unless otherwise agreed between the hotel and the customer in the contract, the customer may cancel the contract free of charge until 6 p.m. 2 days prior to arrival. If the customer withdraws from the contract at a later time, the hotel is entitled to charge 90% of all reserved services. For group bookings (3 rooms or more), different cancellation deadlines agreed in the contracts/reservation confirmation apply.
(5) If the hotel calculates the compensation specifically, the amount of compensation shall be no more than the contractually agreed price for the service to be provided by the hotel, less the value of the expenses saved by the hotel and what the hotel acquires through other uses of the hotel services.
(6) The above provisions on compensation shall apply mutatis mutandis if the guest does not make use of the booked room or the booked services without giving timely notice (no show). They also apply accordingly if the customer departs at an earlier time than agreed.
5.CANCELLATION BY THE HOTEL
(1) If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period if there are requests from other customers for the contractually reserved rooms and the customer does not waive his right to withdraw upon inquiry by the hotel with a reasonable deadline.
(2) If an advance payment or security deposit agreed or requested in accordance with section 3(5) is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall likewise be entitled to withdraw from the contract.
(3) Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
(4) In the event of justified withdrawal by the hotel, the customer shall not be entitled to compensation.
6. ROOM PROVISION, HANDOVER AND RETURN
(1) The customer does not acquire any right to the provision of certain rooms, unless this has been expressly agreed in writing.
(2) Booked rooms are available to the customer from 3:00 p.m. of the agreed day of arrival. The customer has no right to earlier provision.
(3) On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for late vacating of the room for its use in excess of the contract until 6:00 p.m., and 80% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotel has not incurred any or a significantly lower claim to a usage fee.
7. LIABILITY OF THE HOTEL
(1) The hotel shall be liable for damages resulting from injury to life, body or health for which it is responsible. 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 duties typical for the contract by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this Section 7. In the event of disruptions or deficiencies in the hotel’s services, the hotel will endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and minimize any possible damage.
(2) The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel is not liable for loss or damage caused to the customer by third parties within the hotel. The hotel recommends the use of the hotel or room safe. If the guest 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.
(3) Insofar as a parking space is made available to the customer in a hotel parking lot, even for a fee, this shall not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles, trailers, motorcycles or trailers and their contents parked or maneuvered on hotel property, the hotel shall not be liable, except in cases of intent or gross negligence.
(4) The hotel is not liable for theft of and damage to clothes and items brought by the customer and his companions.
8. DAMAGE BY THE CUSTOMER, LIABILITY OF THE CUSTOMER
(1) The customer is liable to the hotel for culpably caused damages or losses in the sense of § 276 BGB. Even slight negligence shall justify the customer’s obligation to pay compensation.
(2) The same shall apply to damage caused by third parties, insofar as such third parties are staying at the hotel at the instigation of the customer.
9. FINAL PROVISIONS
(1) Amendments and additions to the contract or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the customer are invalid.
(2) Place of performance and payment as well as exclusive place of jurisdiction is the location of the hotel.
(3) German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws or similar is excluded.
(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.
Status December 2020