General Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
- These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as to all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). They do not apply to package tours within the meaning of § 651a BGB. The term “hotel accommodation contract” includes and replaces the following terms: Accommodation contract, guest reception contract, hotel contract, hotel room contract.
- The subletting or re-letting of the rooms provided, plus their use for purposes other than accommodation, requires the prior consent of the hotel in text form, whereby the right of termination pursuant to Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived.
- The customer’s general terms and conditions shall only apply if this has been expressly agreed in text form.
- CONCLUSION OF THE CONTRACT, CONTRACTING PARTIES
- The contracting parties are the hotel and the customer. The contract is concluded by the hotel’s acceptance of the customer’s application. In the event of a booking via the hotel’s own website, the contract is concluded by clicking the button “Book with obligation to pay”.
- All claims against the hotel are generally subject to a limitation period of one year from the statutory commencement of the limitation period. This does not apply to claims for damages and other claims based on an intentional or grossly negligent breach of duty by the hotel.
- SERVICES, PRICES, PAYMENT, OFFSETTING
- The hotel is obliged to hold the rooms of the category booked by the customer and to provide the agreed services.
- The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by the customer. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel.
- The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Not included are local taxes payable by the guest pursuant to the respective local law, such as visitor’s tax.
In the event of a change in the statutory value-added tax or the introduction, amendment or abolition of local levies on the services covered by the contract after it is entered into, the following shall apply.
- the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the contract being entered into and fulfilled exceeds four months.
- If payment on account has been agreed, payment shall be made without deduction within ten days of receipt of the invoice, unless otherwise agreed. If the invoice is received by the contracting party prior to the performance of the service by the hotel, the payment term stated therein shall be definitive.
- The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In the event of default of payment by the customer, the statutory provisions shall apply.
- In justified cases, e.g., payment arrears on the part of the customer or extension of the scope of the contract, the hotel shall be entitled, including after conclusion of the contract up until the start of the stay, to demand an advance payment or security deposit within the meaning of clause 3.5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
- The hotel is also entitled to demand from the customer a reasonable advance payment or security deposit within the meaning of clause 3.5 above for existing and future claims arising from the contract at the beginning of and during the stay, insofar as such a payment has not already been made in accordance with clause 3.5 and/or clause 3.6 above.
- Only claims that are undisputed or have been adjudged legally valid may be charged or offset by the customer against any claim of the hotel.
- The customer agrees that the invoice may be sent electronically.
- Customers are not allowed to bring food or drink in with them. In special cases, however, it is possible to reach an agreement on this with the hotel in advance, which must be in text form. In this case, the hotel is entitled to levy a service fee, corkage and/or cleaning charge. This does not apply to baby food, which we are happy to heat up for you, as well as food that is demonstrably required for health reasons.
- WITHDRAWAL/TERMINATION (“CANCELLATION”) BY THE CUSTOMER / NON-UTILISATION OF THE HOTEL’S SERVICES (“NO SHOW”)
- Unilateral cancellation by the customer of the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed or a statutory right of withdrawal or termination exists.
- If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without triggering claims for payment or damages on the part of the hotel. The customer’s right to withdraw from the contract expires if it is not exercised by the agreed date.
- If a right of withdrawal has not been agreed or has already expired and there is also no statutory right of withdrawal or termination, the hotel shall remain entitled to the agreed remuneration despite the non-utilisation of the service. The hotel must offset the income from renting the rooms to other parties and the expenses it has saved. If the rooms are not let to other parties, the hotel may make the deduction for saved expenses on a flat-rate basis. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount demanded.
- CANCELLATION BY THE HOTEL
- If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract during this period if there are enquiries from other customers for the contractually booked rooms and when asked by the hotel the customer fails within a reasonable deadline to renounce their right of withdrawal. This applies accordingly in the case of the granting of an option if other enquiries are received and the customer is not prepared to make a firm booking within a reasonable period of time of being asked by the hotel to do so.
- If an advance payment or security deposit agreed or demanded in accordance with clause 3.5 and/or clause 3.6 is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall likewise be entitled to withdraw from the contract.
- Furthermore, the hotel shall be entitled to summary termination of the contract for factually justified reasons, in particular if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
- rooms or spaces are culpably booked using misleading or false information or concealment of material facts; material facts may be the identity of the customer, inability to pay or the purpose of the stay;
- the hotel has reasonable grounds to assume that the use of the service may jeopardise the smooth operation of the business, the hotel’s security or its public reputation, without this being attributable to the hotel’s sphere of control or organisation;
- the purpose or reason for the stay is unlawful;
- there is a breach of clause 1.2 above.
- The justified withdrawal of the hotel does not give grounds for any claim for damages on the part of the customer. Should the hotel have a right to claim for damages against the customer in the event of a withdrawal pursuant to Clause 5.2 or 5.3 above, the hotel may do so on a flat-rate basis. Clause 4.3 shall apply accordingly in this case.
- ROOM PROVISION, HANDOVER AND HANDING BACK
- The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed in text form.
- Unless otherwise agreed in at the least text form, booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no right to earlier availability.
- On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. Thereafter, the hotel may, due to the late vacating of the room, charge 50% of the full accommodation price (as per price list) for use of the room in excess of the contract up until 6:00 p.m., and 90% from 6:00 p.m. onwards. This shall not give grounds for any contractual claims by the customer. The customer is at liberty to prove that the hotel has suffered no or significantly lower losses as a result of the late handing back of the room.
- LIABILITY OF THE HOTEL
- The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages due to any intentional or grossly negligent breach of duty by the hotel or to any intentional or negligent breach by the hotel of typical contractual duties. Typical contractual duties are obligations that are necessary for the proper performance of the contract.
- and on the fulfilment of which the customer relies and is entitled to rely. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise provided for in this clause 7. Should disruptions or deficiencies in the hotel’s services occur, the hotel shall endeavour to remedy such upon becoming aware of them or upon prompt complaint by the customer. Notwithstanding Section 254 of the German Civil Code (BGB), the customer shall be obliged to help by taking reasonable measures to rectify the disruption and minimise any possible damage.
- The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. The maximum liability limits of § 702 BGB apply. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring in money, securities and/or 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 storage agreement with the hotel.
- Insofar as a parking space is made available to the customer in the hotel garage or in the hotel car park, including for a fee, this shall not constitute a safekeeping contract. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel premises or of loss or damage to their contents, the hotel shall only be liable in accordance with the above Clause 7.1, Sentences 1 to 4.
- Wake-up calls are carried out by the hotel with the utmost care.
Messages for customers are handled with care. The hotel may, by prior arrangement with the customer, accept, keep and – if requested – take on the chargeable forwarding of mail and deliveries. The hotel shall only be liable in this respect in accordance with the above section 7.1, sentences 1 to 4.
- LIABILITY OF THE CUSTOMER – IN PARTICULAR, SMOKING BAN / BAN ON THE USE OF E-CIGARETTES
- Smoking is completely prohibited in the entire hotel and in particular in all rooms of the hotel, unless the rooms are designated as “smoking rooms” or special smoking areas. The smoking ban applies to both conventional cigarettes and e-cigarettes, which merely “vaporise”.
All rooms and guest rooms are connected to a fire alarm control centre via smoke detectors. In the event of a fire alarm, which is also triggered by the prohibited use of e-cigarettes, all costs incurred in direct connection with this, such as the deployment of the fire brigade or the follow-up costs for restoring the operating state of the fire alarm system, shall be borne solely by the customer, insofar as he/she is responsible for triggering the fire alarm.
- Notwithstanding the foregoing, the customer shall bear the special cleaning costs incurred as a result of the infringement pursuant to Clause 8.1.
- Furthermore, the customer shall ensure that any guests brought with them observe the prohibition pursuant to Clause 8.1.
- FINAL PROVISIONS
- Any amendments or addenda to the contract, to the application acceptance or to these General Terms and Conditions shall be made in text form. Unilateral amendments or addenda shall not be valid.
- If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction shall be Fulda. The hotel may at its discretion also bring an action against the customer at the location of the latter’s registered office. The same applies in each instance to customers who do not fall under sentence 1 if they do not have their registered office or place of residence in a member state of the EU.
- German law shall apply. The UN Convention on Contracts for the International Sale of Goods shall not 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 (“ODR platform”):http://ec.europa.eu/consumers/odr/
However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.
- Should any 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 all other respects, the statutory provisions shall apply.