General Terms and Conditions for the Hotel Accommodation Contract
Scope of Application
These General Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel for the customer.
2. The accommodation and subletting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel.
3. The customer’s terms and conditions shall only apply if this has been agreed in advance.
Conclusion of Contract, Contractual Partner, Liability; Limitation Period
The contract is concluded when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in writing.
2. The contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, said third party shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
3. The hotel is liable for the hotel’s obligations under the contract. Liability for non-typical services is limited to intent and gross negligence on the part of the hotel.
4. The limitation period for all claims of the contracting parties is three years (§ 195 German Civil Code (BGB)).
5. The limitation of liability and short limitation period shall also apply in favour of the hotel in the event of a breach of obligations during the initiation of the contract and positive breach of contract.
Services, Prices, Payments, Offsetting
The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obliged to pay the hotel’s applicable or agreed prices for the provision of the room and the other services utilised by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer. The agreed prices include the taxes applicable at the time the contract is concluded. Not included are local taxes that are owed by the guest according to the respective municipal law, such as visitor’s tax. In the event of a change in the statutory value added tax or the introduction, change or abolition of local taxes concerning the subject-matter of the contract, after conclusion of the contract, the prices shall be adjusted accordingly.
3. The agreed prices include the respective statutory value added tax. If the period between conclusion and fulfilment of the contract exceeds 4 months and the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price appropriately, but by no more than 10%.
4. The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel’s services or the length of the guests’ stay and the hotel agrees to this.
5. Hotel invoices without a due date are payable in full within 10 days of receipt of the invoice. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge interest at a rate of 4% above the respective base interest rate or the corresponding successor interest rate of the European Central Bank. The customer reserves the right to prove lower damages, the hotel reserves the right to prove higher damages.
6. The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package holidays. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
7. The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
Withdrawal by the Customer (Cancellation)
Cancellation by the customer of the contract concluded with the hotel requires the hotel’s written consent. If this is not done, the agreed price from the contract must be paid even if the customer does not utilise contractual services. This shall not apply in the event of a delay in performance by the hotel or an impossibility of performance for which the hotel is responsible.
2. If a date for cancellation of the contract has been agreed in writing between the hotel and the customer, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of cancellation shall expire if the customer does not exercise the customer’s right of cancellation in writing vis-à-vis the hotel by the agreed date, unless the hotel is in default of performance or is responsible for the impossibility of performance.
3. In the case of rooms not utilised by the customer, the hotel shall offset the income from renting the rooms to other parties as well as the expenses saved.
4. The hotel is free to charge a lump sum for the damage incurred and to be compensated by the customer. The customer is then obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast, 70% for half board and 60% for full board arrangements. The customer is at liberty to prove that no damage was incurred or that the damage incurred by the hotel is lower than the lump sum demanded.
Cancellation by the Hotel
If a cancellation by the customer within a certain period has been agreed in writing, the hotel is entitled to cancel the contract during this period if there are enquiries from other customers for the contractually booked rooms and the customer does not waive the customer’s right of cancellation upon enquiry by the hotel.
2. If an agreed advance payment is not made even after a reasonable grace period set by the hotel with a warning of refusal has expired, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to extraordinary cancellation of the contract for objectively justified reasons, for example if – force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract; – rooms are booked under misleading or false statements of material facts, e.g. the hotel has justified cause to believe that the use of the hotel’s services may jeopardise the smooth operation of the hotel, the security or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organisation; – there is a breach of the scope of Paragraph 2.
4. The hotel must inform the customer of the exercise of the right of cancellation without delay.
5. In the event of justified cancellation by the hotel, the customer shall have no claim to compensation.
Room Provision, Handover and Return
- The customer does not acquire any entitlement to the provision of specific rooms.
2. Booked rooms are available to the customer from 3:00 pm on the agreed day of arrival. The customer is not entitled to earlier provision.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 am. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the additional use of the room until 6:00 pm, and 100% from 6:00 pm onwards. The customer is at liberty to prove to the hotel that the hotel has incurred no or significantly less damage.
Liability of the Hotel
The hotel is liable to act with the diligence of a prudent businessperson. This liability is in the non-typical service area, but is limited to deficiencies in performance, damages, consequential damages or disruptions that are attributable to intent or gross negligence on the part of the hotel. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimise any possible damage.
2. The hotel is liable to the customer for items brought into the hotel in accordance with statutory provisions, i.e. up to one hundred times the room rate (maximum €3,100.00) and for money and valuables up to €770.00. Money and valuables up to a maximum value of €770.00 can be stored in the hotel safe. The hotel recommends making use of this option. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§703 German Civil Code (BGB)).
3. The hotel’s unlimited liability is governed by the statutory provisions.
4. If the customer is provided with a parking space in the hotel car park, even for a fee, this does not constitute a safekeeping agreement. 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 cases of intent or gross negligence. This also applies to vicarious agents of the hotel.
5. Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
6. Messages, post and consignments for guests are handled with care. The hotel will take care of the delivery. Storage and, on request, forwarding of the same for a fee. Claims for damages, except for gross negligence or intent, are excluded.
Final Provisions
- Amendments or additions to the contract, the acceptance of an application, or these General Terms and Conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
2. The place of fulfilment and payment is the hotel’s registered office.
3. The exclusive place of jurisdiction is Naumburg.
- The law of the Federal Republic of Germany applies.
5. Should individual provisions of these General Terms and Conditions for hotel accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions apply. Valid as of 1 July 2006
