General Terms of Business.
I. Scope of validity
- These terms of business apply to hotel admission contracts as well as for all other deliveries and services performed for guests of the hotel, insofar as other arrangements are not made in separate contracts.
- Different conditions, also such conditions as are contained in the General Terms of Business of the guest or customer, are not applicable, unless they have been expressly recognised in writing by the hotel.
II. Conclusion of the contract
- When the hotel responds to a booking request from a guest with a confirmation of booking, a hotel admission contract (hereinafter referred to as “contract” for short) results.
- The parties to the contract are the hotel and the guest. Should a third party make the booking on behalf of the guest, he and the guest together are liable as joint debtors for all obligations arising from the contract, insofar as the hotel has a declaration to this effect from the customer. Independent of this, each customer is required to pass on all information relevant to the booking, in particular these General Terms of Business, to the guest.
- Any subletting of the room(s) booked, likewise the use of the room(s) for purposes other than accommodation, is only allowed with the prior written consent of the hotel.
III. Services, prices, payment
- The hotel is required to have the room(s) booked by the guest ready in accordance with these General Terms of Business and to render the agreed services.
- The guest is required to pay the prices applicable or agreed with the hotel for the use of the room(s) booked and for any other services that he uses. This also applies to services performed and outlay made by the hotel for third parties at the guest’s request. The prices agreed include VAT at the statutory current rate. If the time elapsing between conclusion of contract and the guest’s arrival exceeds four months, and the statutory VAT rate or any applicable local taxes and duties increase after conclusion of contract, the hotel reserves the right to raise the prices agreed by the amount by which the VAT or local taxes/duties have gone up.
- The hotel can make its consent to any reduction requested by the guest after conclusion of contract in the number of rooms booked, the services provided by the hotel or the length of the guest’s stay dependent on a resulting increase in the price for the rooms and/or for other services provided by the hotel.
- The hotel’s invoices are payable immediately upon receipt, net terms only. The hotel is entitled to demand the immediate payment of amounts due from the guest at any time. The guest is in arrears at the latest if he fails to make payment within 14 days after receipt of the invoice and the due date. This applies to a guest who is a private consumer only if his attention is expressly drawn to these consequences in the invoice. If the guest is in arrears with his payment, the hotel is entitled to charge the private consumer interest on the payment 5 percentage points higher than the base interest rate. For business clients, interest on arrears will be charged at 8 percentage points above the base interest rate. The hotel also reserves the right to charge higher compensation.
- The hotel is entitled upon conclusion of contract to ask the guest for an appropriate advance payment or for surety in the form of a credit card guarantee, a deposit or similar. The amount of the advance payment and the payment dates can be recorded in writing in the contract.
- If it has good reason, e.g. if the guest is in arrears with his payment or the scope of the contract has been extended, the hotel is also entitled after conclusion of contract to ask for an advance payment or the payment of surety (cf. para. 5 above), or an increase in the advance payment or the surety payment agreed in the contract up to the full amount agreed.The hotel is also entitled, either at the beginning of or during the guest’s stay, to ask for an appropriate advance payment or the payment of surety (cf. para. 5 above) to cover existing and future contractually payable amounts, assuming that such a payment has not already been made in accordance with para. 5 or para. 6 above.
- The hotel is also entitled, either at the beginning of or during the guest’s stay, to ask for an appropriate advance payment or the payment of surety (cf. para. 5 above) to cover existing and future contractually payable amounts, assuming that such a payment has not already been made in accordance with para. 5 or para. 6 above
- The guest can only offset an undisputed or legally valid claim from a claim on the hotel’s part.
IV. Guest withdrawal; cancellation
- 1. The hotel grants the guest the right to withdraw from the contract at any time. The follow conditions shall apply in this case:
a) In the event that the guest withdraws from the contract, the hotel is entitled to fair compensation.
b) The hotel has the option to ask the guest to pay flat-rate damages instead of a specific amount of compensation. The flat-rate damages are 80% of the contractually agreed price for overnight stays with or without breakfast, 70% of the contractually agreed price for overnight stays with half-board and 60% of the contractually agreed price for overnight stays with full board. The guest is at liberty to prove that the hotel has not suffered any loss, or that the loss suffered is lower than the flat-rate compensation the hotel is asking for.
c) If the hotel works out a concrete compensation sum, the amount of compensation shall be no greater than the contractually agreed price for the service to be rendered by the hotel, minus the value of the costs that the hotel has saved and minus the income that the hotel achieves by rendering the hotel services to another party or parties.
- The above compensation provisions apply accordingly if the guest fails to make use of the rooms or services he has booked without notifying the hotel in good time.
- If the hotel has granted the guest the option to withdraw from the contract within a certain period without further legal consequences, then the hotel is not entitled to any compensation. The guest must state his withdrawal in writing. To comply with any deadline set, the declaration of withdrawal must arrive at the hotel before the deadline.
V. Hotel withdrawal
- Should the guest have been granted the right to withdraw from the contract without charge in accordance with § IV para. 3, the hotel is likewise entitled to withdraw from the contract within the period agreed if other guests have requested the rooms booked and the guest, when asked by the hotel, does not waive his right to withdraw from the contract without charge in accordance with § IV para. 3.
- If an advance payment or surety payment either agreed or required in accordance with § III para. 5 &/or 6 above is not made even after the hotel has extended the payment deadline, then the hotel is likewise entitled to withdraw from the contract.
- The hotel is also entitled to withdraw from the contract in particular in the event that:
-force majeure or other circumstances for which the hotel is not responsible make fulfilment of the contract impossible;
-rooms have been booked with misleading or wrong information, e.g. regarding the identity of the guest or the purpose of the booking;
-the hotel has good reason to assume that the use of the hotel service may endanger the hotel’s day-to-day operations, its security or its public reputation without this being attributable to the hotel’s own territory or organisation;
-unauthorised subletting has occurred (cf. § II para. 3);
-circumstances as set out in § VI para. 3 have occurred
-the hotel has learnt that the guest’s financial circumstances have worsened substantially since conclusion of the contract, in particular if the guest fails to settle invoices due to the hotel or fails to offer adequate surety, so that the hotel’s claims for payment seem endangered;
-the guest has applied to open insolvency proceedings over his assets, has made a declaration under oath in accordance with § 807 of the Code of Civil Procedure, has initiated out-of-court proceedings in order to regulate his debts, or has ceased to make payments due;
-insolvency proceedings have been opened over the guest’s assets, or the opening of such proceedings has been refused owing to a lack of assets
- The hotel must notify the guest immediately and in writing of its withdrawal from the contract.
- In the instances of withdrawal listed above, the guest is not entitled to make any claim for compensation.
VI. Arrival / departure
- The guest has no right to a particular room or rooms, unless the hotel has confirmed the availability of particular rooms in writing.
- The room(s) booked will be available from 2 p.m. on the agreed arrival date. The guest has no right to occupy the room(s) before this time.
- The guest must occupy the room(s) booked by 6 p.m. at the latest on the agreed arrival date. Unless a later arrival time has been expressly agreed, the hotel has the right to allocate booked rooms to other persons after 6 p.m., without the guest having the right to any substitute accommodation. Thus the hotel has the right of withdrawal in this respect.
- On the agreed departure date, the room(s) must be vacated by 12.00 midday at the latest.
VII. Liability on the part of the hotel; limitation period
- Should any disruptions or shortcomings occur in the services performed by the hotel, the hotel will do its best to remedy the problem once it has been notified by the guest without delay. If the guest fails to inform the hotel of any shortcoming or defect, he or she is not entitled to reduce the contractually agreed payment.
- The hotel bears liability according to the relevant legal provisions for all damages to life, body and health.
- The hotel only accepts liability for other damage caused by slight negligence if such damage results from the violation of a significant contractual obligation or of a cardinal obligation in a manner that endangers the purpose of the contract. In such cases, liability is restricted to foreseeable and direct damages. Liability on the part of the hotel for subsequent or indirect damages is ruled out.
- The hotel’s liability for miscellaneous damages above and beyond this is limited for each case of damage individually and for all cases of damage arising from and connected with the contractual services to a maximum amount of 125,000 € for injury to persons and to a maximum amount of 5,000 € for damage to property or assets. These limitations and exclusions of liability do not apply if the miscellaneous damages result from deliberate or grossly negligent violation of obligations on the part of the hotel, its legal representatives or its executive staff.
- The above limitations of liability apply to all claims for damages, regardless of their basis in law, including claims based on tort. The above limitations and exclusions of liability also apply in cases where a guest claims damages against staff or agents of the hotel. They do not apply in cases of liability for a defect or shortcoming after furnishing of a guarantee for the quality of a thing or a work, nor do they apply to faults concealed out of malice, nor to injuries to persons.
- The hotel accepts liability for items brought on to the premises in accordance with the legal provisions, i.e. up to 100 times the price of the accommodation, but with a maximum liability amount of 3,000 €. However, in the case of valuables this liability is limited to 800 €. The hotel recommends that guests keep any valuables in the safe in the room, or in the hotel’s central safe.
- Insofar as a parking space in the hotel garage or on a hotel parking lot is provided to the guest, whether free or charged for, this does not constitute a contract of safe custody. The hotel is not obliged to keep the parking space under surveillance. Should damage occur to vehicles moved or parked on the hotel premises or their contents, or should such vehicles or their contents be stolen, no liability accrues to the hotel, assuming that the hotel, its legal representatives or agents are not guilty of intent or gross negligence. In successful cases, the hotel must be notified of the damage suffered at the latest when the guest leaves the hotel premises.
- The hotel will make wake-up calls upon request with the greatest care. Any claims for damages in this connection are ruled out, unless intent or gross negligence is involved.
- Messages, post and shipments for guests will be treated with care. The hotel will hand them over to the guest or keep them for him, and will forward them if the guest has departed, upon request and at a charge. The same applies to lost property. Any claims for damages in this connection are ruled out, unless intent or gross negligence is involved. The hotel is entitled to hand over the above-mentioned items to the local lost property office after a one-month safekeeping period at the latest, and will charge an appropriate fee for this service.
- The hotel accepts no liability for the use of the networks (e.g. wireless LAN and DSL) in the hotel, whether free or charged for, nor of any damages resulting from an end device belonging to the guest. Data will be transmitted in unencrypted form from the networks to the guest’s end device. This means that the data may be viewed by third parties. The guest is responsible both to the hotel and to third parties for all content that he calls up, places online or distributes in any way via the network. The hotel will not monitor such content.
- Claims for damages on the guest’s part will lapse after a two-year limitation period at the latest, counted from the moment when the guest gains knowledge of the damage, or without consideration of this aspect three years at the latest from the time of the damaging event. This does not apply to liability for damage to life, body and health, nor to miscellaneous damages resulting from deliberate or grossly negligent violation of obligations on the part of the hotel, its legal representatives or its executive staff.
VIII. Final clauses
- Changes or additions to the contract, the acceptance of booking or these General Terms of Business for admission to the hotel must be made in writing. Unilateral changes or additions made by the guest alone are invalid.
- Claims and rights arising from the agreements made with the hotel may only be transferred to third parties with the hotel’s prior consent.
- Place of fulfilment and payment is the hotel’s registered office.
- The court of jurisdiction, if the party to the contract is a businessman or a legal entity according to public law, is the hotel’s registered office. If the other party to the contract does not have a general court of jurisdiction in Germany, the court of jurisdiction will be the hotel’s registered office. However, the hotel is also entitled to institute legal proceedings at the guest’s general court of jurisdiction.
- The law of the Federal Republic of Germany applies to this contract.
- Should one or more clauses of these General Terms of Business for admission to the hotel be or become invalid or null and void, this will not affect the validity of the remaining clauses. In addition, the relevant legal provisions apply.