General conditions of travel
General terms and conditions for the hotel accommodation agreement
I. Scope of application
1. These terms and conditions apply to agreements concerning the letting of hotel rooms for accommodation purposes as well as all services and provisions of the hotel rendered on behalf of the customer.
2. Subletting or reletting the let rooms as well as their use for purposes other than accommodation purposes require the prior written agreement
of the hotel, whereby § 540 para. 1 sentence 2 of the German Civil Code (BGB) is waived if the customer is not the user.
3. Terms and conditions of the customer are applicable only if this has been agreed expressly in writing in advance.
II. Contractual conclusion, partners; limitation of actions
1. The contract comes into being when the customer's application is accepted by the hotel. The hotel is at liberty to confirm the room reservation in writing.
2. The contractual partners are the hotel and the customer. If a third party has ordered for the customer, he is liable towards the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, as long as the hotel has possession of a corresponding declaration by the third party.
3. In general, all claims against the hotel become statute-barred one year after the beginning of the knowledge-dependent regular limitation of actions period of § 199 para 1 BGB. Damage claims become statute-barred after five years, independent of knowledge thereof. The limitation of actions does not apply to claims that refer to an intentional or grossly negligent violation of an obligation on the part of the hotel.
III. Services, prices, payment, offsetting
1. The hotel is obligated to keep the rooms booked by the customer available and to perform the agreed services.
2. The customer is obligated to pay the prices of the hotel applicable to or agreed for the letting of the rooms and the other services used by him. This also applies to payments and disbursements of the hotel to third parties induced by the customer.
3. The agreed prices include the relevant statutory value added tax. If the period between the conclusion of the contract and the fulfilment thereof exceeds four months and if the price generally charged by the hotel for such services increases, the hotel can increase the contractually agreed price adequately but by no more than 5%.
4. Further, the prices can be changed by the hotel if the customer subsequently desires changes to the number of reserved rooms, the service of the hotel or the duration of the stay of the guests and the hotel agrees to this.
5. Invoices of the hotel without a due date are payable within 10 days after receipt of the invoice without deduction. The hotel has the right to render accrued receivables due for payment at any time and to demand immediate payment. In the event of default on payment, the hotel has the right to demand the applicable statutory default interest of, at present, 8% or, in the case of legal transactions in which a user is involved, of 5% above the basic interest rate. The hotel reserves the right to provide proof of higher damage.
6. The hotel has the right to demand an adequate advance payment or security payment at the conclusion of the contract or thereafter, taking into account the legal provisions for package holidays. The amount of the advance payment and the payment deadlines can be agreed in writing in the contract.
7. The customer can offset against or minimise a claim of the hotel only with an undisputed or legally binding claim.
IV. Withdrawal of the customer (i. e. cancellation) / non-utilisation of the services of the hotel
1. A withdrawal of the customer from the contract concluded with the hotel requires the written agreement of the hotel. Should this not take place, the agreed price from the contract is to be paid even if the customer does not utilise contractual services. This does not apply in the event of violation of the hotel's obligation to show consideration for rights, legally protected goods and interests of the customer if adherence to the contract is thereby no longer reasonable for the latter or if the latter has another legal or contractual right of withdrawal.
2. If a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract by then without triggering compensation or damages claims of the hotel. The customer waives his right of withdrawal if he does not exercise his right of withdrawal in writing towards the hotel by the agreed date, unless a case of withdrawal of the customer in accordance with number 1 sentence 3 exists.
3. In the event that rooms are not used by the customer, the hotel must allow for the income from letting of the rooms to other persons as well as the expenses saved.
4. The hotel is at liberty to demand the contractually agreed payment and to deduct a flat-rate amount for saved expenses. In this case, the customer is obliged to pay at least 80% of the contractually agreed price for an overnight stay with or without breakfast, 70% for half-board arrangements and 60% for full-board arrangements. The customer is at liberty to provide proof that the above-mentioned right has not arisen or has not arisen in the amount demanded.
V. Withdrawal of the hotel
1. If a free right of withdrawal of the customer within a certain period has been agreed in writing, the hotel, for its part, has the right to withdraw from the contract in this period if there are enquiries from other customers regarding the contractually booked rooms and the customer does not forego his right of withdrawal upon request of the hotel.
2. If an agreed advance payment or an advance payment demanded in accordance with clause III no. 6 above is not paid even after a reasonable post-period set by the hotel has elapsed, the hotel also has the right to withdraw from the contract.
3. Further, the hotel has the right to withdraw from the contract in an extraordinary manner for objectively justified reasons, for example if a) force majeure or other circumstances for which the hotel is not responsible make the fulfilment of the contract impossible;
b) rooms are booked under misleading or false statement of key facts, e.g. relating to the person of the customer or the purpose;
c) the hotel has justified cause to assume that utilisation of the hotel service may endanger the smooth operation, the safety or the public impression of the hotel, whereby this is not attributable to the management or organisation of the hotel;
d) an infringement against clause I no. 2 exists.
4. In the event of justified withdrawal of the hotel, the customer has no claim to damages.
VI. Room provision, handover and return
1. The customer acquires no claim to the provision of certain rooms.
2. Booked rooms are available to the customer from 3 pm of the agreed day of arrival. The customer has no right to earlier provision.
3. The rooms are to be vacated and made available to the hotel by 12 pm at the latest on the agreed day of departure. Thereafter, due to late vacation of the room, the hotel can charge 50% of the full lodging price (list price) up to 6 pm and 100% after 6 pm for extra-contractual use of the room. Contractual claims of the customer are thereby not substantiated. He is at liberty to prove that no or a significantly lower claim to usage compensation of the hotel has arisen.
VII. Liability of the hotel
1. The hotel must fulfil its obligations arising from the contract with the due care and diligence of a prudent businessman. Claims of the customer to damages are excluded. Damage by loss of life, bodily harm or injury to health, if the hotel is responsible for the duty violation, other damage due to an intentional or grossly negligent duty violation of the hotel and damage due to an intentional or negligent violation of contract-typical obligations of the hotel are excepted therefrom. The duty violation of a legal representative or auxiliary person is equivalent to a duty violation of the hotel. Should faults or defects arise in the services of the hotel, the hotel, upon gaining knowledge thereof or upon immediate complaint by the customer, will endeavour to provide a remedy. The customer is obligated to contribute what is reasonable for him in order to eradicate the fault and to keep damage low.
2. The hotel is liable towards the customer for objects deposited in accordance with the legal provisions, that is, up to one hundred times the room price, maximum € 3,500, and up to € 800 for money, securities and valuables. Money, securities and valuables can be kept in the hotel safe up to a maximum value of €20,000 or in the room safe up to a maximum value of € 2,000. The hotel recommends making use of this option. The liability claims expire if the customer does not advise the hotel immediately after gaining knowledge of loss, destruction or damage (§ 703 BGB). Number 1 sentences 2 to 4 above apply to liability of the hotel beyond this accordingly.
3. If a parking place in the hotel garage or in a hotel car park is made available to the customer, even against a fee, this does not constitute the formation of a contract of deposit. The hotel is not liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, except in the case of intent or gross negligence. Number 1 sentences 2 to 4 apply accordingly.
4. Wake-up calls are performed by the hotel with the greatest care. Messages, post and goods shipments for the guests are handled with care. The hotel assumes delivery, storage and – on request – forwarding of the same against a fee. Number 1 sentences 2 to 4 above apply accordingly.
VIII. Final provisions
1. Changes or additions to the contract, the proposal acceptance or these terms and conditions for hotel accommodation are to take place in written form. Unilateral changes or additions by the customer are ineffective.
2. The place of fulfilment and payment is the domicile of the hotel.
3. The exclusive place of jurisdiction – including for check and exchange disputes – in business dealings is the domicile of the hotel. If a contractual partner fulfils the requirements of § 38 para. 2 of the Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the domicile of the hotel is considered the place of jurisdiction.
4. German law applies. Application of UN purchasing law and of the conflict of laws provisions is ruled out.
5. Should individual provisions of these General Terms and Conditions for hotel accommodation be or become ineffective or null and void, the effectiveness of the remaining provisions is not affected thereby. Otherwise, the legal provisions apply.