Scope
These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and 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.The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived if the customer is not a consumer within the meaning of § 13 BGB.
The customer's general terms and conditions only apply if this has been expressly agreed in writing beforehand.
Booking formalities, conclusion of contract, partners, statute of limitations
The booking contract (accommodation contract) is accordingly concluded as soon as we have confirmed the room after your order. If you arrive directly without prior booking, the room will be made available. A binding guest accommodation contract is generally also free of form, i.e. also in the case of verbal, especially telephone bookings. Unless the contracting parties have expressly agreed in writing. The hotel is free to confirm the room booking in text form.The check-in times are from 2 p.m. to 6 p.m. and by personal arrangement, which we will confirm in writing. If you do not arrive between 11 a.m. and 6 p.m. without further information, we reserve the right to rent the room to someone else after 6 p.m.
On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10 a.m. at the latest. After that, the hotel can charge 50% of the full accommodation price (price according to the price list) due to the delayed vacating of the room for its contractual use up to 2 p.m. and 90% up to 6 p.m. This does not justify contractual claims by the customer. All claims against the hotel expire one year after the start of the statutory limitation period. This does not apply to claims for damages or other claims if the latter are based on an intentional or grossly negligent breach of duty by the hotel.
The contractual partners are the hotel and the customer.
Services, prices, payment, offsetting
The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
The customer is obliged to pay the agreed or applicable hotel prices for rooms provided and for other services used. This also applies to services commissioned by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel.The agreed prices include the taxes and local duties applicable at the time the contract is concluded. Not included are local taxes, which are owed by the guest himself according to the respective municipal law, such as visitor's tax.In the event of a change in the statutory sales tax or the introduction, change or abolition of local taxes on the service object after the conclusion of the contract, 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 fulfillment of the contract exceeds four months. The hotel can make its consent to a subsequent reduction in the number of booked rooms, the hotel's service or the length of stay of the customer, as requested by the customer, dependent on the price for the room and/or for the other services of the hotel being increased appropriately. Bindingly booked services that have not been used will not be refunded by the hotel.
Hotel invoices are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment must be made within three days of receipt of the invoice without deductions, unless otherwise agreed.The hotel is entitled to demand a reasonable advance payment from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. If the customer is in default of payment, the statutory regulations apply. In justified cases, e.g. the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled to demand an advance payment or an increase in the advance payment agreed in the contract up to the full agreed remuneration, even after the conclusion of the contract up to the start of the stay.
The hotel is also entitled to demand a reasonable advance payment from the customer for existing and future claims from the contract at the beginning and during the stay, provided such payment has not already been made. The customer can only offset or set off against a claim of the hotel with an undisputed or legally binding claim. The customer agrees that the invoice can be sent to him electronically.
Cancellation conditions
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 non-use of the service.
The hotel can flat-rate the deduction for saved expenses. In this case, the customer is obliged to pay 100% of the contractually agreed price for accommodation with or without breakfast and for package deals with third-party services, 70% for half-board and 60% for full-board packages. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount. Cancellations can only be accepted in writing. If a contract that has already been concluded is canceled up to 30 days before arrival, no costs will be incurred. If you cancel between the 29th and 10th day before arrival, we charge 50% of the room price, between the 9th and 3rd day before arrival 80%. If we receive the cancellation less than 3 days before arrival or in the event of no-show, 100% of the room price will be charged.
In exceptional cases, however, the hotel and guest can agree on a mutual termination of the contract. 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 non-use of the service.
Cancellation of the hotel
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, upon inquiry by the hotel, with a reasonable deadline not waived his 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 after the hotel has asked for a reasonable deadline.
If an agreed or requested advance payment 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. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, in particular if
Disclaimer
The hotel is liable for damage to life, limb 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 contractual obligations on the part of the hotel. Typical contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Unless otherwise agreed, further claims for damages are excluded. Should disruptions or defects occur in the hotel's services, 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.
The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends using the hotel safe. If the customer wishes to bring 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 safekeeping agreement with the hotel.
If the customer is provided with a parking space in the hotel car park, even for a fee, this does not result in a safekeeping contract. 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 liability notice.Wake-up calls are carried out by the hotel with the utmost care. Messages for customers are treated with care. After prior agreement with the customer, the hotel can take over the acceptance, storage and - on request - the forwarding of mail and goods consignments for a fee. The hotel is only liable in accordance with the above liability notices.
The hotel is not liable for disruptions in performance that arise from third-party services that it has only brokered, i.e. disruptions in performance that are caused by third-party fault or that lie within the sphere of risk of the third-party provider. In this regard, we also expressly point out that a refund of services that have been paid for but not used is not possible. We would also like to point out that arrangements as a total package in the booked form become part of the contract and cannot be used as individual services afterwards.
Recommendations
We recommend that you take out travel cancellation insurance
Final Provisions
Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the customer are invalid.
Place of fulfillment and payment is the location of the hotel. The exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is the registered office of the hotel in commercial transactions. If the customer meets the requirements of § 38 paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel. German law applies. The application of the UN sales law and the conflict of laws is excluded. 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 addition, the statutory provisions apply.
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 participate in dispute settlement procedures before consumer arbitration boards.