GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT (AS OF JANUARY 2010)
I. SCOPE 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. 2. The subletting or further rental of the rooms provided, as well as their use for purposes other than accommodation, requires the hotel's prior written consent, whereby Section 540 Paragraph 1 Sentence 2 of the German Civil Code (BGB) is waived if the customer is not a consumer. 3. The customer's general terms and conditions only apply if this has been expressly agreed in writing beforehand. II. CONCLUSION OF CONTRACT, CONTRACTUAL PARTNER, LIMITATION PERIOD The contract is concluded upon the hotel's acceptance of the customer's application. The hotel is free to confirm the room booking in writing. 2. The contracting parties are the hotel and the customer. If a third party has made the reservation for the customer, they are jointly and severally liable to the hotel for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party. 3. All claims against the hotel are generally subject to a limitation period of one year from the start of the statutory limitation period. Claims for damages are subject to a limitation period of five years, regardless of knowledge, unless they are based on injury to life, limb, health, or freedom. These claims for damages are subject to a limitation period of ten years, regardless of knowledge. The shortened limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel. III. SERVICES, PRICES, PAYMENT, SET-OFF 1. The hotel is obligated to keep the rooms booked by the customer available and to provide the agreed services. 2. The customer is obligated to pay the agreed or applicable hotel prices for the provision of the room and any other services used by the customer. This also applies to services and expenses incurred by the hotel for third parties at the request of the customer. The agreed prices include the applicable statutory value-added tax. 3. 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 an increase in the price for the rooms and/or other hotel services. Hotel invoices without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel can demand immediate payment of outstanding amounts from the customer at any time. In the event of late payment, the hotel is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove higher damages. 5. The hotel is entitled to demand an appropriate advance payment or security in the form of a credit card guarantee, a deposit, or similar 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. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. 6. In justified cases, e.g., if the customer is in arrears with payment or if the scope of the contract is expanded, the hotel is entitled, even after conclusion of the contract and up to the start of the stay, to demand an advance payment or security deposit within the meaning of No. 5 above, or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration. 7. The hotel is further entitled, at the start of and during the stay, to demand an appropriate advance payment or security deposit from the customer within the meaning of No. 5 above for existing and future claims arising from the contract, provided that such a payment has not already been made in accordance with Nos. 5 and/or 6 above. 8. The customer may only offset or set off a claim against a hotel claim if the claim is undisputed or legally binding. IV. CUSTOMER WITHDRAWAL (CANCELLATION) / FAILURE TO USE HOTEL SERVICES (Na SHOW) 1. Any withdrawal by the customer from the contract concluded with the hotel requires the hotel's written consent. If this consent is not given, the agreed price from the contract must be paid even if the customer does not use the contractual services. 2. If a date for free withdrawal from the contract has been agreed in text form between the hotel and the customer, the customer can withdraw from the contract up to that date without triggering any payment or compensation claims from the hotel. The customer's right of withdrawal expires if they do not exercise their right of withdrawal in text form vis-à-vis the hotel by the agreed date. 3. For rooms not used by the customer, the hotel must credit the income from renting these rooms to other parties as well as the saved expenses. If the rooms are not rented to anyone else, the hotel can demand the contractually agreed remuneration and make a lump sum deduction for any expenses saved by the hotel. In this case, the customer is obligated to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise to the amount demanded. V. WITHDRAWAL BY THE HOTEL 1. If it was contractually agreed that the customer may 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 other customers request the contractually booked rooms and the customer does not waive their right of withdrawal when asked by the hotel. If an advance payment or security deposit agreed upon or required above in accordance with Section III numbers 5 and/or 6 is not made even after the expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract. Furthermore, the hotel is entitled to withdraw from the contract for good cause, for example if: - force majeure or other circumstances beyond the hotel's control make fulfillment of the contract impossible; rooms or spaces are culpably booked under misleading or false information regarding essential contractual facts, e.g., regarding the customer's identity or the purpose of their stay; the hotel has reasonable grounds to believe that the use of the hotel's services could jeopardize the smooth operation of the business, the security, or the public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization; - the purpose or reason for the stay is illegal; - there is a violation of Section 1 No. 2 above. In the event of a justified withdrawal by the hotel, the customer is not entitled to compensation. VI. ROOM AVAILABILITY, HANDOVER, AND RETURN The customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed in writing. Booked rooms are available to the customer from 2:00 PM on the agreed arrival date. The customer is not entitled to earlier availability. On the agreed departure date, the rooms must be vacated and made available to the hotel by 11:00 AM at the latest. After this time, the hotel may charge 50% of the full room rate (list price) for the use of the room beyond the agreed time limit until 6:00 PM, and 100% from 6:00 PM onwards. This does not constitute grounds for contractual claims by the customer. The customer is free to prove that the hotel has incurred no or a significantly lower claim to a usage fee.
VII. LIABILITY OF THE HOTEL The hotel is liable for its contractual obligations. Customer claims for damages are excluded. Excluded from this are damages resulting from injury to life, limb, or health if the hotel is responsible for the breach of duty, other damages resulting from an intentional or grossly negligent breach of duty by the hotel, and damages resulting from an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Should disruptions or defects in the hotel's services occur, the hotel will endeavor to remedy the situation upon knowledge of the disruption or upon immediate notification by the customer. The customer is obligated to make a reasonable contribution to remedying the disruption and minimizing any potential damage. The hotel is liable to the customer for items brought into the hotel in accordance with statutory provisions. Thereafter, liability is limited to one hundred times the room rate, however, up to a maximum of €3,500. For money, securities, and valuables, the maximum limit is €800. Money, securities, and valuables can be stored in the hotel or room safe up to a maximum value of € (insert hotel's insured amount). The hotel recommends making use of this option. If the customer is provided with a parking space in the hotel garage or on a hotel car park, even for a fee, this does not constitute a safekeeping contract. The hotel is not liable for the loss of or damage to motor vehicles parked or maneuvered on the hotel's property and their contents, except in cases of intent or gross negligence. The provisions of the above number 1, sentences 2 to 4 apply accordingly to the exclusion of the customer's claims for damages. Wake-up calls are carried out by the hotel with the utmost care. Messages, mail, and consignments for guests are handled with care. The hotel will undertake delivery, storage, and—upon request—forwarding of the same for a fee. The provisions of the above number 1, sentences 2 to 4 apply accordingly to the exclusion of claims for damages by the customer. VIII. FINAL PROVISIONS Amendments and additions to the contract, the acceptance of the application, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions by the customer are invalid. The place of performance and payment is the hotel's location. The exclusive place of jurisdiction—also for check and bill disputes—in commercial transactions is the hotel's registered office. If a contractual partner meets the requirements of Section 38 Paragraph 2 of the Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the hotel's registered office. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules 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. Otherwise, the statutory provisions shall apply.