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Terms & Conditions

I.        SCOPE

1.              These Terms and Conditions apply to contracts for the letting of hotel rooms, for accommodation and to all other customer-related activities and services provided by the hotel (“Hotel Accommodation Contract”). The term “Hotel Accommodation Contract” includes and replaces the following terms: lodging contract, guest admission contract, hotel contract, hotel room contract.

2.              Sub-contracting or sub-letting of rooms, together with their use for any purposes other than accommodation, require the prior written approval of the hotel, whereby Article 540 paragraph 1 clause 2 of the German Civil Code (BGB) will be waived, provided that the customer is not a consumer.

3.              The customer’s own Terms and Conditions only apply if they have previously been expressly agreed in writing.



II.       CONTRACT AGREEMENT, CONTRACTING PARTIES AND LIMITATION

1.             The contract becomes valid when the hotel accepts the customer’s application. The hotel has the option to confirm room bookings in writing.

2.              The contracting parties are the hotel and the customer. If a third party has placed a reservation on behalf of the customer, the customer and the third party are jointly liable to the hotel for all obligations arising from the Hotel Accommodation Contract, insofar as the third party shall provide the hotel with an appropriate statement to this effect.

3.              As a matter of principle, all claims made by the customer and/or the third party against the hotel lapse 1 year after their declaration which initiates the normal limitation period in accordance with the German Civil Code. Claims for compensation against the hotel lapse after a term of 5 years, dependent on the time of cognisance, if they are not based on a damage to life, limb, health or freedom. These claims for compensation lapse after a term of 10 years, irrespective of the time of cognisance. The reductions of the statute of limitations do not apply in the event of claims arising from the intent or gross negligence of duties on the part of the hotel.


III.      SERVICES, TARIFFS, PAYMENT, OFFSETTING

1.             The hotel is obliged to make available the rooms that the customer has reserved and to provide the services that have been agreed.

2.              The customer is obliged to pay the current or agreed hotel prices to hire the room and any other services the customer has made use of. This also applies to services and expenses that the customer requests the hotel to make over against third parties. The agreed prices shall be understood to include the legal sales tax.

3.              The hotel is entitled to take into account increased prices for rooms or other hotel services when determining whether or to what extent to concur with subsequent customer requests for a reduction in the number of rooms or hotel services and/or the length of the period booked by the customer.

4.              Hotel invoices without a payment date are payable in full within 10 calendar days of receipt. The hotel is entitled to demand payments outstanding at any time. In the event of delay in payment, the hotel is entitled to demand the appropriate legal late payment interest of 8% above the current basic interest rate, or 5% above the basic interest rate in the case of legal transactions involving the customer. The hotel reserves the right to provide evidence of entitlement to a higher claim to damages.

5.              When the contract is agreed, the hotel is entitled to request an appropriate advance or security deposit in the form of a credit card guarantee, a deposit or the like from the customer. The amount of advance payment and the payment deadlines may be agreed in writing in the contract. In regards to advance payments or security deposits for holiday packages, legal provisions remain unaffected.

6.             In individual substantiated cases, for example, customer payment arrears or extension of the scope of the contract, the hotel is entitled, even after the contract has been agreed and until the customer arrives, to demand an advance payment or a security deposit in accordance with paragraph 5 above, or to increase the contractually agreed advance payment and/or security deposit up to the full payment amount due.

7.             Furthermore, the hotel is entitled, prior to or during the customer's stay, to demand an appropriate advance payment or security deposit in accordance with paragraph 5 above for existing or future claims pertaining to the contract, if any such payment has not already been made in pursuance to paragraph 5 and/or 6 above.

8.              The customer can only offset or reduce the hotel’s payment demands by means of an unchallenged or legally valid claim.


IV.     WITHDRAWAL OF THE CUSTOMER (COUNTER-ORDER OR CANCELLATION) I FAILURE TO MAKE USE OF THE HOTEL'S SERVICES (NO SHOW)

1.             The customer’s withdrawal from a contract agreed with the hotel requires the hotel's agreement in writing. Should the hotel not agree to the cancellation of the agreement, then the hotel retains the right to claim the agreed payment even if the services have not been utilized.

2.             Provided that a date (optional) for withdrawal from the contract without penalty has been agreed in writing between the customer and the hotel, the customer may withdraw from the contract without penalty up to this date, without the hotel making any claim for payment or compensation. The customer’s right to withdrawal is extinguished if the customer does not exercise his/her right to withdraw vis-à-vis the hotel in writing by the agreed date.

3.             In the case that the customer has not utilized the rooms, the hotel is obliged to balance against its claim income from other rental made of the rooms and from expenses saved. If the rooms are not otherwise let, the hotel is entitled to claim the agreed payment and to apply a flat rate reduction for expenditure saved. In such cases, the customer is obligated to pay at least 90% of the contractually agreed price for overnight stays, with or without breakfast, 70% for overnight stays with half board, and 60% for full board arrangements. The customer is entitled to provide evidence that such claims have not arisen or are unjustifiably high. 

 V.     WITHDRAWAL BY THE HOTEL

1.             Provided that the customer’s right to withdraw without penalty within a particular time period has been agreed to in writing, the hotel is also, for its part, entitled to withdraw without penalty within this time period if applications from other customers for rooms reserved under contract arise, and the customer does not waive his/her right to withdraw after having been contacted to this end by the hotel.

2.             The hotel is also entitled to withdraw from the contract if an advance payment as agreed or as demanded in accordance with III. paragraph 5 and/or 6 is not made, even after an appropriate grace period set by the hotel has elapsed.

3.              Furthermore, the hotel is entitled to withdraw from the contract in exceptional circumstances, if so justified for well-founded reasons, especially in the event that an act of God or other circumstances beyond the control of the hotel make the fulfilment of the contract impossible; rooms are booked culpably, giving a misleading or a false description of essential facts (for example in respect of the customer, financial solvency or the purpose of the accommodation); the hotel has reasonable grounds for suspecting that the use of the hotel services might jeopardize the smooth running of the hotel’s operations, or the safety or the reputation of the hotel in the public eye in a way that is beyond the control or scope of the hotel’s organization; the purpose of or reason for the accommodation is illegal; there is any breach of I. Paragraph 2.

4.       If the hotel justifiably withdraws, the customer shall have no right to claim for compensation.

VI.     PROVISION, HANDING OVER AND RETURNING THE ROOM

1.             Unless otherwise expressly agreed in writing, the customer has no right to demand the provision of specific rooms.

2.             The reserved rooms shall be available to the customer by 3:00 p.m. at the earliest on the agreed date of arrival. The customer has no right to demand that rooms should be provided earlier.

3.             On the agreed date of departure, rooms must be vacated and at the hotel’s disposal by 11:00 a.m. at the latest. If there is a delay in vacating the room, the hotel may invoice for its use beyond the contract period up to 6:00 p.m. at 50% of the full applicable lodging price (list price), and at 100% from 6:00 p.m. onwards. Any contractual claims made by the customer cannot be justified on these grounds. The customer is at liberty to provide evidence that the hotel had no claim or a significantly lower claim on payment for its use.




VII.    THE HOTEL'S LIABILITY 

1.             The hotel is liable for its contractual obligations. Compensation claims on the part of the customer are excluded. This does not apply to damages to life, limb or health resulting from negligence on the part of the hotel, other damages arising from the willful or grossly negligent breach of duty on the part of the hotel, and damages arising from the intent or grossly negligent violation of contractual duties on the part of the hotel. A breach of an obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or employee. Should any faults or shortcomings arise in the services provided by the hotel, the hotel will make every effort to correct this if the customer has brought this to its attention or made the objections promptly known. The customer is obliged to make reasonable effort to rectify any fault and minimize any possible damage.

2.             In accordance with the legal provisions of the German Civil Code, the hotel is liable to the customer for up to one hundred times the room rate, however, limited to a maximum sum of EUR 3,500.00 for items brought into the hotel. In the case of cash, securities and valuables, the sum of EUR 3,500.00 is replaced by the sum of EUR 800.00. Insofar as a guest shall bring cash, securities and valuables with a value of more than EUR 800.00 into the hotel, the customer can store these, up to a maximum sum of EUR 5000.00, in the hotel safe (to be handed in at the reception). Safe keeping in the hotel safe is recommended at all times.

3.             Though the customer may be offered a parking space in the hotel garage or car park, this shall not form a contract for the vehicle’s safe keeping, even if a parking fee is paid. The hotel shall only assume liability for loss or damage to any vehicle parked or maneuvered on the hotel’s property, or to its contents, in cases of intent or gross negligence. Regarding the exclusion of the claims for damages of the customer, paragraph 1, clauses 2 through 4 above applies accordingly.

 

4.             Instructions for wake-up calls shall be carried out with the utmost care by the hotel. Messages, post and shipments for the customers shall also be treated with the utmost care. The hotel will undertake to deliver or keep such items or to send them on if desired, for a fee. Regarding the exclusion of the claims for damages of the customer, paragraph 1, clauses 2 through 4 above applies accordingly.

 

VIII
. FINAL PROVISIONS

1.             Any amendments or additions to this contract, the acceptance proposal or these General Terms and Conditions for Hotel Accommodation Contracts must be made in writing. Any unilateral alterations or additions by the customer shall be void.

2.             Place of fulfilment and place of payment shall be the same as the registered office of the respective hotel.

3.             The sole court of jurisdiction for commercial transactions, including cheque and currency disputes, is, in commercial dealings, the office of the hotel in accordance with the entry in the commercial register. Insofar as a contracting party fulfils the requirements of Article 38 paragraph 2 of the Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the hotel’s registered office shall act as the place of legal jurisdiction.

4.              German law alone shall apply. The UN Sales Convention and conflict of law legislation are hereby precluded from applying.

5.             In the event of individual provisions of these General Terms and Conditions for Hotel Accommodation Contracts being or becoming ineffective or void, the validity of the remaining provisions hereof shall in no way be affected. Otherwise, statutory provisions shall apply.



 

Copyright © Hotelverband Deutschland (IHA) e.V., Stand: Oktober 2009


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