General terms and conditions for the hotel accommodation contract as of 12.2016
1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided to the customer by the hotel (hereinafter referred to as “hotel”).
2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 paragraph 1 sentence 2 BGB is waived if the customer is not a consumer.
3. The customer’s terms and conditions only apply if this has been expressly agreed in writing beforehand.
II. Conclusion of contract, partners; statute of limitations
1. 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 for the customer, they are liable to the hotel together with the customer as joint debtor for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration from the third party.
3. All claims against the hotel expire one year after the start of the statutory limitation period. Claims for damages become statute-barred after five years, regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. Services, prices, payment, offsetting
1. 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 agreed or applicable hotel prices for rooms provided and for other services used. This also applies to services and expenses of the hotel arranged by the customer for third parties. The agreed prices include the respective statutory sales tax.
3. The hotel can consent to a subsequent reduction in the number of booked rooms requested by the customer
4. make the room, the hotel’s service or the length of the customer’s stay dependent on the price for the room and/or other hotel services increasing.
5. Hotel invoices without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel can demand immediate payment of due claims from the customer at any time. In the event of default in payment, the hotel is entitled to demand interest of 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate.
6. The hotel reserves the right to prove greater damage.
7. The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
8. In justified cases, e.g. if the customer is in arrears with payment, the hotel is entitled to demand an advance payment or security deposit within the meaning of No. 6 above or an increase in the advance payment or security deposit agreed in the contract up to the full to demand the agreed remuneration.
9. The hotel is also entitled to demand a reasonable advance payment or security deposit within the meaning of No. 7 above for existing and future claims arising from the contract at the beginning and during the stay of the customer, insofar as such has not already been provided in accordance with No. 6 above. or 7. has been provided.
10. The customer can only offset, reduce or exercise a right of retention against a claim of the hotel with an undisputed or legally binding claim.
IV. Rescission by the customer (ie cancellation)/non-use of the hotel’s services (no show)
1. A rescission by the customer of the contract concluded with the hotel requires the written consent of the hotel. If this does not take place, the agreed price from the contract must be paid even if the customer does not make use of the contractual services. In this case, the corresponding invoice will be issued showing the sales tax. If the hotel gives written consent to the customer’s withdrawal on the condition that the customer has to pay compensation for the rooms not used, the corresponding invoice will be issued without showing sales tax. This applies subject to a change in the administrative instructions of the tax authorities.
2. The provisions of the previous paragraph do not apply in the event of a breach of the hotel’s obligation to take into account the rights, legal assets and interests of the customer, if this means that it can no longer be reasonably expected of the customer to adhere to the contract, or if there is another statutory or contractual right of withdrawal.
3. If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract up to that point without triggering payment or damage claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date, unless there is a case of withdrawal in accordance with Clause IV. Item 1 Sentence 6.
4. In the case of rooms not used by the customer, the hotel must offset the income from renting the room to other parties and the expenses saved. If the rooms are not rented out elsewhere, the hotel can demand the contractually agreed remuneration and make a flat-rate deduction for saved expenses of the hotel. In this case, the customer is obliged to pay at least 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 free to prove that the aforementioned claim did not arise or did not arise in the required amount.
V. Withdrawal by the hotel
1. If it has been agreed in writing that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer does not waive his right to withdraw when asked by the hotel.
2. If an advance payment or security deposit that has been agreed or is requested in accordance with Section III, Numbers 6 and/or 7 above is not made, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, for example if:
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
- rooms are booked with misleading or false information about essential facts, eg about the person of the customer or the purpose of his stay;
- the hotel has justified reason to believe that the use of the hotel service may endanger the smooth running of business, the security or the reputation of the hotel in public, without this being attributable to the hotel’s area of control or organization.
- there is a violation of I. Clause 2 above.
4. If the hotel withdraws with justification, the customer is not entitled to compensation.
VI. Provision, delivery and return
of rooms 1. The customer does not acquire the right to be provided specific rooms.
2. Booked rooms are available to the customer from 3 p.m. on the agreed arrival date. The customer has no right to earlier availability.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12 noon at the latest. After that, the hotel can charge 50% of the full accommodation price (list price) for use beyond the contract due to the delayed evacuation of the room up to 6:00 p.m. and 100% from 6:00 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim for usage fees.
VII. Liability of the hotel
1. The hotel is liable with the care of a prudent businessman for its obligations under the contract. Customer claims for compensation are excluded. Excluded from this are damages resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, and other damages that are based on an intentional or grossly negligent breach of duty by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to minimize possible damage.
2. The hotel is liable to the customer for items brought in according to the statutory provisions, which is up to a hundred times the room rate, up to a maximum of €3,500, and for money, securities and valuables up to €800. Money, securities and valuables can be kept in the hotel or room safe up to a maximum value of €7,500. The hotel recommends that you use this option.
3. If the customer is provided with a parking space in the hotel garage or in a hotel car park, even for a fee, this does not result in a custody agreement. The hotel is not liable in the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in the case of intent or gross negligence. This also applies to vicarious agents of the hotel. The above number 1 sentences 2 to 4 apply accordingly.
4. Wake-up calls are carried out by the hotel with the utmost care. Messages, post and consignments for the guests are treated with care. The hotel takes over the delivery, storage and – on request – the forwarding of the same for a fee. The above number 1 sentences 2 to 4 apply accordingly.
Provisions 1. Changes or additions to the contract, the acceptance of applications 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 fulfillment and payment is the registered office of the respective hotel.
3. The exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is Munich in commercial transactions. If a contractual partner meets the requirements of § 38 paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the hotel’s registered office.
4. German law applies. The application of the UN sales law and the conflict of laws is excluded.
5. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. The same applies in the event of an unwanted loophole. In addition, the statutory provisions apply