Area of validity
1. These terms and conditions of business apply to contracts for rented use of hotel rooms for accommodation and for all the other services the hotel provides for the client.
2. The subletting or re-letting of rooms with permitted use or use of the rooms for purposes other than accommodation require the prior written consent of the hotel.
3. The client’s terms and conditions of business only apply if this was agreed beforehand. Conclusion of contract, contracting parties, contractual liability; limitation.
4. The contract comes about with the hotel’s acceptance of the client’s application. The hotel confirms the room reservation in writing at its discretion.
5. The hotel and the client are the contracting parties. If a third party has made the reservation for the client, with respect to the hotel, the third party is liable, together with the client, as joint and several debtor, for all obligations from the contract of hotel admission, provided the hotel has an appropriate declaration from the third party.
6. The hotel is liable for its obligations from the contract. In untypical areas of service the liability of the hotel is limited to intention and gross negligence.
7. The limitation period for all client claims is 6 months.
8. This restriction on liability and short limitation period apply for the benefit of the hotel also in the event of breach of obligations in the initiation of the contract and positive breach of contract.
Services, Prices, Payment, Set-off
1. The hotel is obliged to have the room, which the client has booked, ready for use, and to provide the agreed services.
2. The client is obliged to pay the hotel the current or agreed prices for use of the room and the other services he makes use of. This also applies to the hotel’s services and expenditure to third parties arranged by the client.
3. The agreed prices include current statutory VAT. If the period between conclusion of contract and performance of contract exceeds 4 months and if the hotel’s prices charged for these kinds of services are subject to a general increase, this can increase the contractually agreed price correspondingly, at most, however, by 10%.
4. Furthermore, the hotel may change the prices, if the client wishes to alter the number of booked rooms, the service of the hotel or the duration of the guests’ stay subsequently and the hotel is in agreement.
5. Hotel invoices without due date must be paid within 10 days from receipt of the invoice, without deduction. The hotel is entitled to make accumulated claims due payment at any time and request immediate payment. In the event of default in payment, the hotel is entitled to charge interest at 5% above the respective basic rate of interest pursuant to Section 1 of the Discount Rate Transitory Law and the corresponding follow-up interest rate of the European Central Bank. The client retains the right to prove lower damages, the hotel retains the right to prove higher damages.
6. The hotel is entitled to request an appropriate advance payment or provision of security for package trips, when the contract is concluded or subsequently, in consideration of the statutory provisions. The amount of advance payment and the payment dates can be agreed in writing in the contract.
7. The client can only set-off or reduce in the instance of an undisputed claim or res judicata claim with respect to a claim of the hotel.
Client’s termination (cancellation)
1. Cancellation of the contract concluded by the client with the hotel requires the written agreement of the hotel. If this does not occur, the price agreed in the contract must be paid even if the client does not makes use of the contractual services. This does not apply in the event of delay in performance on the part of the hotel or impossibility to provide service on the part of the hotel for which the hotel is liable.
2. In so far as a date for termination of contract was agreed in writing between the hotel and the client, the client can withdraw from the contract up to this time without resulting claims for payment or damages on the part of the hotel. The client’s right to termination expires, if he does not exercise his right to termination in writing by the agreed date with respect to the hotel, provided there is no instance of default in service on the part of the hotel or the hotel is unable to provide the service for which it is liable.
3. In the instance of rooms not used by the client, the hotel must deduct the receipts from the rental of the rooms to other parties and the saved expenditure.
4. The hotel is at liberty to estimate a lump sum for its incurred costs and the damages the client must pay. The client is then obliged to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast, 70% for half-board and 60% for full board arrangements. The client is at liberty to prove that no damages have arisen or the damages sustained by the hotel are lower than the lump sum demanded.
Termination by the hotel
1. Provided the client’s right to termination was agreed in writing within a specific period, for its part the hotel is entitled to withdraw from the contract in this period, if there are inquiries from other clients about the contractually booked rooms and the client does not waive his right to termination when the hotel checks.
2. If an agreed advance payment is not paid, even after expiry of an appropriate period of grace set by the hotel with threat of refusal, the hotel is likewise entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to extraordinary withdrawal from the contract for a justifiable reason, for instance, if
* fulfilment of contract becomes impossible as a result of force majeure or other circumstances for which the hotel is not liable;
* rooms are booked using fraudulent or incorrect statement of important facts, e.g. the client’s personal data or purpose;
* the hotel has substantiated cause to assume that use of the hotel services can jeopardise problem-free operation of business, security or public standing of the hotel, and this cannot be attributed to hotel management and organisation;
* there is violation of the above area of validity, Subsection 2.
1. The hotel must inform the client immediately of the exercise of the right to termination.
2. The client has no claim to compensation in the event of justified withdrawal on the part of the hotel.
Availability, handing over and return of rooms
1. The client does not have any claim to the provision of specific rooms.
2. The reserved rooms are available for the client from 15.00 hours on the agreed date of
arrival. The client has no entitlement to earlier availability.
3. The rooms must be vacated on the agreed departure date at the latest by 12.00 hours. After this time, the hotel can charge 50% of the full price of the accommodation (list price) for the damages it incurs up to 18.00 hours and from 18.00 hours, 100%. The client is at liberty to prove to the hotel that it has not incurred damages or substantially lower damages.
Hotel liability
1. The hotel is liable for the care of a prudent businessman. This liability is not restricted in the non-typical area of services, but is restricted to defects in provision of services, damages, consequential damage or nuisance resulting from intention or gross negligence on the part of the hotel. If incidents of nuisance or defects in the hotel’s provision of service should occur, the hotel will endeavour to take remedial action immediately, when it is informed or when informed by the client of the defect. The client is obliged to undertake reasonable action to remedy the defect and keep the damage as low as possible.
2. For property brought into the hotel, the hotel is liable with respect to the client in accordance with the statutory provisions, that is, up to hundred times the price of the room, at most EUR 3,060, and for money and valuables, up to EUR 760. Money and valuables up to a maximum value of EUR (insurance sum) can be deposited in the hotel or room safe. The hotel recommends making use of this option. Claims for liability expire if the client does not inform the hotel immediately he obtains knowledge of loss, destruction or damage (Section 703 Civil Code).
3. The statutory provisions apply for the unrestricted liability of the hotel.
4. In so far as the client has use of a parking space in the hotel garage or in a hotel car park, also in return for payment, no contract of deposit is brought about as a result. The hotel does not accept any liability in the event of loss or damage to motor vehicles or their contents, parked or kept on hotel property, apart from in the instance of intention and gross negligence. This also applies to the hotel’s vicarious agents.
5. Instructions regarding morning calls are carried out by the hotel with due care. Claims for damages are excluded apart from in the event of gross negligence or intention.
6. Messages, postal items and goods for guests are handled with care. The hotel accepts responsibility for delivery, safekeeping and – if required – sending on the items in return for payment. Claims for damages are excluded apart from in the event of gross negligence or intention.
Final provisions
1. Amendments or supplements to this contract, acceptance of the application or these terms and conditions of business for admission to the hotel shall be made in writing. One-sided amendments or supplements by the client are not valid.
2. The head office of the hotel is the place of fulfilment and place of payment.
3. The place of exclusive jurisdiction for commercial transactions – also for disputes with regard to cheques and bills – is the hotel head office. In so far as a contracting party complies with the conditions of Section 38, Subsection 1, Code of Civil Procedure, and does not have a general, domestic place of jurisdiction, the hotel head office is regarded as the place of jurisdiction.
4. German law applies.
5. Should individual provisions of these general terms and conditions of business for admission to the hotel be or become invalid or void, the validity of the other provisions is not affected. In other respects the statutory provisions apply.