GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
I. AREA OF VALIDITY
1. these terms and conditions shall apply to contracts for the rental of the goods by way of lease
of hotel rooms for lodging and all in connection therewith
other services and deliveries provided by the hotel to the customer
(Hotel Accommodation Agreement). The term "hotel accommodation agreement" includes and includes
replaces the following terms: Accommodation, guest accommodation, hotel, hotel room contract.
2. the subletting or subletting of the rooms provided as well as their
Use for other than accommodation purposes requires the prior written consent of the
written consent of the hotel, whereby Â§ 540 paragraph 1 sentence 2 BGB is waived.
as far as the customer is not a consumer.
3 General terms and conditions of the customer shall only apply if
this has been expressly agreed in writing beforehand.
II. CONCLUSION OF CONTRACT, CONTRACT PARTNER, STATUTE OF LIMITATIONS
1. the contract comes by the acceptance of the application of the customer by the
Hotel. The hotel is free to make the room reservation in text form.
2. the hotel and the customer are the contractual partners. If a third party
he is liable to the hotel together with the customer as joint and several debtor.
for all obligations arising from the hotel accommodation agreement, provided that
the hotel has received a corresponding declaration from the third party.
3. all claims against the hotel shall become statute-barred after one year from the date of the
statutory commencement of the limitation period. Claims for damages shall become statute-barred irrespective of knowledge
in five years. The shortening of the limitation period shall not apply in the case of
claims, which are based on an intentional or grossly negligent breach of duty, are excluded.
of the hotel.
III. SERVICES, PRICES, PAYMENT, SET-OFF
1. the hotel is obliged to keep the rooms booked by the customer available
and to provide the agreed services.
2. the customer is obligated to pay the costs incurred for the room provision and the services
further services agreed upon or applicable prices
of the hotel. This also applies to services arranged by the customer.
and expenses of the hotel to third parties. The agreed prices shall include the respective
statutory value added tax.
3. the hotel may give its consent to any subsequent payment of value added tax requested by the customer.
Reduction of the number of booked rooms, the performance of the
hotels or the duration of the customer's stay, on the condition that the following conditions are met
the price for the rooms and/or for the other services of the hotel is
4. invoices of the hotel without due date are due within 10 days from
Receipt of invoice payable without deduction. The hotel may cancel the immediate
payment of due claims at any time from the customer. In case of default
the hotel is entitled to charge the statutory default interest applicable at the time.
currently amounting to 8%, or for legal transactions in which a consumer is a party to the contract.
to the amount of 5% above the base interest rate. The
Hotel reserves the right to prove higher damages.
5. the hotel is entitled, upon conclusion of the contract, to demand from the customer an appropriate
Advance payment or security in the form of a credit card guarantee, a
deposit or the like. The amount of the advance payment and
the payment dates can be agreed in writing in the contract. For advance payments
or security deposits for package tours, the legal requirements remain the same.
6 In justified cases, e.g. payment arrears on the part of the customer, the hotel shall be liable to
entitled, even after the conclusion of the contract and up to the beginning of the stay, to
Advance payment or provision of security as defined in No. 5 above or an
Increasing the advance payment or security agreed in the contract
up to the full agreed remuneration.
7. the hotel is also entitled, at the beginning of and during the stay, to demand payment of
customers a reasonable advance payment or security deposit in the sense of
No. 5 above for existing and future receivables under the contract
to the extent that such a claim has not already been made in accordance with subsection 5 above.
and/or 6 was made.
8. the customer can only be held liable with an undisputed or legally enforceable claim
or reduce the amount owed by the hotel or exercise a right of retention.
IV. RESCISSION BY THE CUSTOMER (CANCELLATION) / NON-UTILISATION
THE SERVICES OF THE HOTEL (NO SHOW)
1. a withdrawal of the customer from the contract concluded with the hotel
requires the written consent of the hotel. If this does not take place, the hotel shall
agreed price from the contract, even if the customer has fulfilled contractual obligations.
does not make use of services. This shall not apply in the event of a breach of the
Obligation of the hotel to respect rights, legal interests and interests
of the customer, if this does not enable him to adhere to the contract.
or any other legal or contractual right of withdrawal.
is entitled to.
2. if an appointment is made between the hotel and the customer for a free of charge
the contract has been agreed in writing, the customer can withdraw from the contract until then.
withdraw from the contract, without any claims for payment or damages on the part of the
to the hotels. The customer's right of rescission expires if he does not cancel the contract by
the agreed date, his right to withdraw from the contract in writing vis-à-vis the
hotel, unless a case of withdrawal by the customer in accordance with Clause IV of the
No. 1 sentence 3 is present.
3. in the case of rooms not used by the customer, the hotel shall be liable for the
income from other renting of these rooms as well as the saved
expenses to be taken into account. If the rooms are not rented elsewhere,
the hotel is entitled to demand the contractually agreed remuneration and to
deduction for saved expenses of the hotel. The customer is entitled to
in this case, to pay at least 90% of the contractually agreed price.
for overnight stays with or without breakfast, 70% for half board and 60% for half board
for full board arrangements. The customer is free to provide proof,
the aforementioned claim did not arise or did not arise in the required amount
V. WITHDRAWAL OF THE HOTEL
1. if it has been agreed in writing that the customer is to receive the goods within a certain period of time
period free of charge, the hotel shall be entitled to withdraw from the contract during this period.
to withdraw from the contract if inquiries from other parties are received.
the customer is available according to the contractually booked rooms and the customer
the hotel does not waive its right to withdraw from the contract.
2. if an agreed cancellation or one agreed upon above in accordance with III. 5 and/or 6.
required advance payment or security even after the expiry of an agreed period of time
the hotel, the hotel shall be deemed to have failed to perform its obligations within the reasonable
Hotel is also entitled to withdraw from the contract.
Furthermore, the hotel shall be entitled to withdraw from the contract for objectively justified reasons.
to withdraw extraordinarily from the contract, for example if
- Force majeure or other circumstances for which the hotel is not responsible shall not
make fulfilment of the contract impossible;
- Zimmer under misleading or false statement of essential facts,
e.g. the person of the customer or the purpose of his stay, booked
- the hotel has good reason to believe that the use of the hotel's services will be
the smooth running of the business, the safety and security of the hotel and the
or to endanger the reputation of the hotel in public, without
that this can be attributed to the area of control or organization of the hotel.
- there has been an infringement of point I.2 above.
4. in the event of justified withdrawal by the hotel, the customer shall have no claim to
VI. ROOM SUPPLY, HANDOVER AND RETURN
1 The customer does not acquire any claim to the provision of certain rooms.
2. booked rooms are available to the customer from 15:00 on the agreed day of arrival.
are at your disposal. The customer is not entitled to earlier provision.
3. on the agreed day of departure, the rooms must be returned to the hotel no later than 12:00
The rooms must be vacated and made available to the hotel by 12:00 a.m. at the latest. Thereafter, the hotel may, on the basis of the
late evacuation of the room for its use beyond the scope of the contract
until 18:00 50% of the full accommodation price (list price) in invoice
at 6:00 p.m., 100%. Contractual claims of the customer are hereby excluded.
is not justified. He shall be at liberty to prove that the hotel does not have any
or a significantly lower claim to a usage fee has arisen.
VII. HOTEL LIABILITY
1. the hotel shall be liable with the due care of a prudent businessman for its
Obligations under the contract. Claims of the customer for damages
are excluded. Excluded from this are damages resulting from the violation of
of life, body or health, if the hotel is in breach of its obligations, or
other damages caused by an intentional or grossly negligent act or omission of the
grossly negligent breach of duty on the part of the hotel and damages which are based on the
an intentional or negligent breach of contract-typical obligations
of the hotel. A breach of duty on the part of the hotel shall be deemed to be a breach of a statutory
representatives or vicarious agents. Should disturbances or
the hotel, the hotel shall, upon becoming aware of any defects in the services provided by the hotel
or upon immediate notice of defect by the customer to take remedial action.
The customer is obliged to contribute what is reasonable in order to avoid the disturbance.
and to minimize possible damage.
2. the hotel shall be liable to the customer for any items brought in in accordance with the statutory provisions.
This shall be up to one hundred times the room rate, but not more than
3.500,-, for money, securities and valuables up to 800,-. Money, securities
and valuables can be used up to a maximum value of (insured sum of the hotel)
in the hotel safe or room safe. The hotel recommends that you make use of this option.
3. if the customer has a parking space in the hotel garage or in a hotel car park,
is also made available for a fee, this does not affect any of the
custody agreement. In the event of loss or damage to the goods
motor vehicles parked or manoeuvred on the hotel premises and their contents
the hotel is not liable, except in the case of intent or gross negligence. The above
No. 1 sentences 2 to 4 shall apply mutatis mutandis.
4. wake-up orders shall be executed by the hotel with the greatest care.
Messages, mail and consignments of goods for the guests shall be handled with care.
The hotel shall be responsible for delivery, storage and, upon request, forwarding of the same for a fee. Previous No. 1 Sentences 2 to 4
VIII. FINAL PROVISIONS
1. amendments or additions to the contract, to the acceptance of the application or to the contract itself
General terms and conditions for hotel accommodation should be made in writing.
Unilateral changes or additions by the customer are ineffective.
The place of performance and payment shall be the registered office of the hotel.
3 Exclusive place of jurisdiction also for disputes over cheques and bills of exchange
is the registered office of the hotel under company law in commercial transactions. Insofar as
one contracting party fulfils the requirement of 38 (2) ZPO and
does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the place of corporate law.
Seat of the hotel.
4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions
5. should individual provisions of these General Terms and Conditions for
the hotel accommodation agreement is or becomes invalid or null and void, then
does not affect the validity of the remaining provisions. In all other respects
the statutory provisions shall apply.