GENERAL TERMS AND CONDITIONS OF BUSINESS FOR Overnight stays (Status 09/2016)
I. SCOPE OF APPLICATION
These Terms and Conditions of Business apply to contracts for the rental of hotel rooms for lodging purposes, as well as all other services and deliveries provided by the hotel (hereinafter referred to as „Hotel“) for the customer/guest.
Subletting or subletting of the rooms made available and their use for purposes other than lodging shall require the prior written consent of the hotel, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer. For travel agencies/agencies (subletting), therefore, it applies that both the sale must be agreed with the hotel in advance and, in the case of a written confirmation of the subletting, the hotel must be informed immediately of the respective guests with their full name, address and contact person.
The customer’s terms and conditions shall only apply if this has been expressly agreed in writing in advance.
II. CONCLUSION OF CONTRACT, -PARTNER; 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.
The contracting parties are the hotel and the customer/guest. If a third party has ordered for the customer/guest, the customer/guest is liable to the hotel together with the customer/guest as joint and several debtor for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration by the third party.
All claims against the hotel are generally subject to a limitation period of one year from the beginning of the statutory limitation period. Claims for damages shall become statute-barred after five years, irrespective of knowledge. The shortening of the statute of limitations does not apply to claims based on a wilful or grossly negligent breach of duty by the hotel.
III. SERVICES, PRICES, PAYMENT, SET-OFF
The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
The customer is obligated to pay the hotel’s agreed or applicable prices for the room rental and the additional services used by the customer. This also applies to the hotel’s services and expenses to third parties arranged by the customer. The agreed prices include the respective statutory value added tax. Subsequent statutory tax changes will be adjusted to the agreed price.
The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s services or the customer’s length of stay requested by the customer dependent on an increase in the price of the rooms and/or other services provided by the hotel. In any event, all contractual changes must be set out in writing. Oral agreements are not valid.
Hotel invoices without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel may at any time demand immediate payment of due accounts receivable from the customer. In the event of late payment, the hotel is entitled to charge interest at a rate of 9% or, in the case of legal transactions involving a consumer, 5% above the base rate.
The hotel reserves the right to prove higher damages.
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 dates of payment may be agreed in writing in the contract. In the case of advance payments or securities for package tours, the statutory provisions shall remain unaffected.
In justified cases, e.g. if the customer is in arrears with payments, the hotel is entitled, even after conclusion of the contract and until the beginning of the customer’s stay, to demand an advance payment or provision of security within the meaning of III No. 5 above or an increase in the advance payment or provision of security agreed in the contract up to the full agreed remuneration.
The hotel is further entitled, at the beginning and during the customer’s stay, to demand from the customer a reasonable advance payment or security deposit within the meaning of the above III No. 6 for existing and future claims arising from the contract, insofar as such has not already been made in accordance with the above III No. 5 or 6.
The customer may only offset, reduce or exercise a right of retention against a claim of the hotel with an undisputed or legally valid claim.
IV. WITHDRAWAL OF THE CUSTOMER (I.E. CANCELLATION, CANCELLATION)/ NON-USE OF THE HOTEL’S SERVICES (NO SHOW)
The customer’s withdrawal from the contract concluded with the hotel requires the hotel’s written consent. If such consent is not obtained, the agreed price under the contract is payable even if the customer does not make use of contractual services. In this case, the corresponding invoice will be issued, showing the value added tax. If the hotel gives written consent to the customer’s withdrawal from the contract on condition that the customer is liable to pay damages for the rooms not used, the corresponding invoice will be issued without showing VAT. This shall apply subject to any change in the administrative instructions of the tax authorities. In the event of non-utilization of the hotel’s services, 90% of the agreed lodging rate will be charged for all bookings of up to 10 rooms. The provisions of the above paragraph do not apply in the event of a breach of the hotel’s obligation to take account of the customer’s rights, legal interests and interests if the customer can no longer be reasonably expected to adhere to the contract as a result, or if the customer has any other statutory or contractual right of withdrawal.
If a date for rescission of the contract has been agreed in writing between the hotel and the customer, the customer may rescind the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of rescission shall expire if he does not exercise his right of rescission in writing to the hotel by the agreed date, unless a case of rescission pursuant to Clause IV, Item 1, Sentence 7 exists.
The following scale is set for withdrawal by the customer:
This provision applies to reservations of 10 or more rooms; reservations of up to 9 rooms may be cancelled free of charge up to 3 days before arrival. Bookings with fewer rooms are to be understood as individual bookings.
a. Reservations up to 20 rooms: up to 40 days before arrival free of charge, from 39 – 15 days 50% of the room price, from 14 – 3 days 80% of the room price, thereafter 100%.
b. Reservations from 21 rooms: up to 60 days before arrival free of charge, from 59 – 25 days 50% of the room rate, from 24 – 3 days 80% of the room rate, thereafter 100%.
The time of arrival is the day of arrival, 18:00 local time of the hotel. Cancellation fees will be charged less the agreed breakfast rate.
In the case of rooms not taken up by the customer, the hotel shall credit the saved expenses. The hotel may demand the contractually agreed remuneration and may make a lump-sum deduction for saved expenses incurred by the hotel. In this case, the customer is obligated to pay the fees specified under Clause IV, Items 1 and 3. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the required amount.
V. WITHDRAWAL OF THE HOTEL
Insofar as it has been agreed in writing that the customer may withdraw from the contract free of charge within a certain period, the hotel is entitled for its part to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his or her right to withdraw at the hotel’s request.
If an agreed advance payment or security deposit, or the advance payment or security deposit required in accordance with Item III Nos. 6 and/or 7 above, is not made, the hotel is likewise entitled to rescind the contract.
Furthermore, the hotel is entitled to extraordinary cancellation of the contract for a factually justified reason, 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 information of essential facts, e.g. in the person of the customer or the purpose of his stay;
– the hotel has reasonable cause to believe that the use of the hotel’s services may jeopardize the smooth operation of the business, the security or the public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization.
– a breach of the above I. Item 2 above.
In the event of justified rescission by the hotel, the customer shall have no claim to damages.
VI. ROOM PROVISION, HANDOVER AND RETURN
The customer does not acquire any claim to the provision of specific rooms.
Booked rooms are available to the customer from 15.00 hours on the agreed day of arrival. The customer is not entitled to earlier availability.
On the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 12:00 noon. After that time, the hotel may charge 50% of the full accommodation price (list price) for use of the room in excess of the contractual period until 6:00 p.m. due to the delayed vacating of the room, and 100% from 6:00 p.m. onwards. Contractual claims of the customer shall not be justified by this. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.
VII. LIABILITY OF THE HOTEL
The hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims for damages by the customer are excluded. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty and other damages based on an intentional or grossly negligent breach of duty by the hotel. A breach of duty on the part of the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy such upon knowledge thereof or upon the customer’s immediate complaint. The customer is obligated to make all reasonable efforts to remedy the disruption and minimize any possible damage.
Any exhibition or other, even personal, items carried along are located in the event rooms or in the Hotel at the Customer’s risk. The Hotel assumes no liability for loss, destruction or damage, including financial losses, except in cases of gross negligence or intent on the part of the Hotel. This does not apply to damages resulting from injury to life, body or health.
The hotel shall be liable to the customer for items brought to the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, but not exceeding € 3,500, and for money, securities and valuables up to € 800. Money, securities and valuables may be kept in the hotel safe or room safe up to a maximum value of € 7,500. The hotel recommends making use of this option.
Insofar as the customer is provided with a parking space in the hotel garage or a hotel parking lot, even against payment, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel property or their contents, except in cases of intent or gross negligence. This also applies to the hotel’s vicarious agents. The above clause 1 sentences 2 to 4 shall apply accordingly.
Use of the common facilities (sauna, swimming pool, fitness room and other recreational facilities) and the garden is at the guest’s own risk. Parents shall be liable for their children, especially in this context.
Wake-up orders are carried out by the Hotel with the greatest care. Messages, mail and consignments of goods for guests are handled with care. The hotel will take care of the delivery, storage and – if desired – forwarding of the same for a fee. The above clause 1 sentences 2 to 4 shall apply accordingly.
The hotel assumes no liability for services offered by third party service providers (e.g. package services such as harbour tours, museum admission, etc.) during the hotel stay.
VIII. COPYRIGHTS, NAME RIGHTS
Names, images, information, prices, protected brands and trademarks, the company or logos of the hotel or a third party may only be used by a contractual partner if the partner has the written consent of the hotel or rights holder.
IX. RESPONSIBILITY AND RELEASE FROM CLAIMS OF WIFI OR WLAN USE
The guest is solely responsible for the data transmitted via a WLAN connection, the paid services used and legal transactions carried out. If the guest visits chargeable internet pages or enters into liabilities, the resulting costs are to be borne by the guest.
He is obliged to comply with the applicable law when using the WLAN network. He will in particular:
use the WLAN network neither to retrieve nor to distribute immoral or illegal content;
not to reproduce, disseminate or make available any goods protected by copyright;
observe the applicable regulations for the protection of minors;
not send or distribute any harassing, defamatory or threatening contents;
not to use the WLAN network to send mass messages (spam) and/or other forms of illegal advertising;
note that it is expressly prohibited to visit file-sharing websites, in particular to start music and/or film downloads via the hotel network/Internet access.
The Guest shall indemnify the Hotel against all damages and claims of third parties that are based on the Guest’s illegal use of the WLAN network and/or on a breach of this Agreement; this shall also apply to costs and expenses incurred in connection with the use of or defence against such use. If the Guest recognizes or must recognize that such a violation of law and/or such a violation exists or threatens to exist, the Guest shall inform the Hotel of this fact.
X. FINAL PROVISIONS
Amendments or supplements to the contract, the acceptance of applications or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.
Place of performance and payment is the registered office of the respective hotel.
Exclusive place of jurisdiction – also for disputes concerning cheques and bills of exchange – is Augsburg in commercial transactions. Insofar as a contractual partner fulfills the requirements of § 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.
Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected. The same applies in the event of an unintentional loophole. In all other respects the statutory provisions shall apply.