Terms of service
SCOPE OF APPLICATION
These terms and conditions apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services and deliveries provided by the hotel to the customer (hotel accommodation contract). The term "hotel accommodation contract" encompasses and replaces the following terms: lodging, guest reception, hotel, hotel room contract.
The subletting or further leasing of the provided rooms and their use for purposes other than accommodation requires the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 of the German Civil Code (BGB) is waived, as far as the customer is not a consumer in the sense of § 13 BGB.
terms and conditions of the customer shall only apply if this has been expressly agreed upon in text form beforehand.
CONCLUSION OF CONTRACT, PARTNERS, LIMITATION
The contracting parties are the hotel and the customer. The contract is concluded by the hotel's acceptance of the customer's application.
The hotel is free to confirm the room booking in text form. All claims against the hotel generally expire one year from the statutory commencement of the limitation period. This does not apply to claims for damages and other claims, provided they are based on an intentional or grossly negligent breach of duty by the hotel.
SERVICES, PRICES, PAYMENT, OFFSETTING
The hotel is obligated to keep the rooms booked by the customer available and to provide the agreed services. The customer is obligated to pay the prices agreed upon or applicable for the room provision and the other services used by him. This also applies to services ordered directly by the customer or via the hotel, which are provided by third parties and advanced by the hotel. The agreed prices include the taxes and local charges applicable at the time of the conclusion of the contract. Not included are local charges owed by the guest according to local law, such as tourist tax. In the event of a change in the statutory value-added tax or the introduction, amendment or abolition of local charges on the object of performance after the conclusion of the contract, the prices will be adjusted accordingly. In contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
The hotel may make its consent to a subsequent reduction in the number of booked rooms, the service of the hotel, or the duration of the customer's stay dependent on the price for the rooms and/or other services of the hotel increasing appropriately. Hotel invoices are payable immediately upon receipt without any deductions. If payment on account has been agreed upon, payment – subject to a different agreement – must be made within ten days of receipt of the invoice without any deductions.
The hotel is entitled to demand an appropriate advance payment or security, for example in the form of a credit card guarantee, from the customer at the conclusion of the contract. The amount of the advance payment and the payment dates can be agreed upon in the contract in text form. In the case of advance payments or security services for package tours, the statutory provisions remain unaffected. In the event of a delay in payment by the customer, the statutory regulations apply.
In justified cases, for example, arrears in payment by the customer or an extension of the scope of the contract, the hotel is entitled, even after the conclusion of the contract until the start of the stay, to demand an advance payment or security within the meaning of the aforementioned paragraph or an increase in the advance payment or security agreed in the contract to the full agreed remuneration.
Furthermore, the hotel is entitled, at the beginning and during the stay, to demand from the customer an appropriate advance payment or security in the sense of the aforementioned paragraph for existing and future claims arising from the contract, insofar as such has not already been provided in accordance with the aforementioned paragraph.
The customer can only offset an undisputed or legally binding claim against a claim of the hotel.
The customer agrees that the invoice can be sent to him electronically.
WITHDRAWAL OF THE CUSTOMER (CANCELLATION, NO SHOW)/NON-UTILIZATION OF THE HOTEL'S SERVICES (NO SHOW)
A withdrawal of the customer from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists, or if the hotel expressly agrees to the contract cancellation.
If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract by that date without triggering any payment or compensation claims by the hotel.
If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination, and the hotel does not agree to a cancellation of the contract, the hotel retains the claim to the agreed payment despite non-utilization of the service. The hotel must credit the income from renting the rooms elsewhere as well as the saved expenses. If the rooms are not rented elsewhere, the hotel can standardize the deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight stays with or without breakfast, as well as for package arrangements with third-party services, 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 to the demanded extent.
WITHDRAWAL OF THE HOTEL
If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel with reasonable notice. This applies accordingly in the case of an option being granted if other inquiries exist and the customer is not ready to make a firm booking upon inquiry by the hotel with reasonable notice.
If an advance payment or security agreed upon or demanded according to paragraph 3.6 and/or 3.7 is not provided even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for a materially justifiable reason, in particular if
- Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
Rooms or spaces are booked culpably with misleading or false statements or concealment of essential facts; the identity of the customer, the solvency, or the purpose of the stay can be essential in this context;
- the hotel has justified reason to believe that the use of the service might jeopardize the smooth operation of the business, the safety, or the reputation of the hotel in public, without being attributable to the domain or organizational area of the hotel;
- the purpose or the cause of the stay is illegal;
- there is a breach of the aforementioned paragraph 1.2.
The justified withdrawal of the hotel does not constitute a claim for damages for the customer.
ROOM PROVISION, HANDOVER, AND RETURN
The customer does not acquire any claim to the provision of specific rooms unless this has been expressly agreed in text form.
Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival day. The customer does not have a claim to earlier availability.
On the agreed departure day, the rooms must be vacated and made available to the hotel by no later than 12:00 noon. Thereafter, the hotel may charge 50% of the full accommodation rate (list price) for the late vacating of the room for its use in excess of the contract until 6:00 p.m., and 90% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer is free to prove that the hotel has no or a significantly lower claim for usage fee.
LIABILITY OF THE HOTEL
The hotel is liable for damage for which it is responsible resulting from the injury to life, body, or health. Furthermore, it is liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent violation of typical contractual duties by the hotel. Typical contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages, as far as not regulated otherwise in this paragraph 7, are excluded. Should disruptions or defects in the hotel's services occur, the hotel will endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable for him to remedy the disruption and to minimize possible damage.
For items brought in, the hotel is liable to the customer according to the statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring in money, securities, and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
Insofar as a parking space in the hotel garage or a hotel parking lot is provided for the customer, even for a fee, this does not constitute a custodial agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable according to the preceding paragraph 7.1, sentences 1 to 4.
Wake-up calls are carried out by the hotel with the utmost care. Messages for customers are treated with care. The hotel can undertake to accept, store, and - if desired - forward mail and goods shipments for a fee after prior agreement with the customer. The hotel is only liable in this respect according to the preceding paragraph 7.1, sentences 1 to 4.
FINAL PROVISIONS
Amendments and supplements to the contract, the acceptance of applications, or these General Terms and Conditions should be made in text form. Unilateral amendments or supplements by the customer are invalid.
The place of fulfillment and payment as well as the exclusive place of jurisdiction - also for check and exchange disputes - in commercial traffic is Lettenbündte 5, 79739 Schwörstadt, Germany. If the customer meets the requirement of § 38 paragraph 2 ZPO and does not have a general place of jurisdiction in the country, the place of jurisdiction is Lettenbündte 5, 79739 Schwörstadt, Germany.
German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
In accordance with the legal obligation, the hotel points out that the European Union has established an online platform for out-of-court settlement of consumer disputes ("OS platform"): http://ec.europa.eu/consumers/odr/
However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.
Or optionally insert:
The hotel commits to participation. Further reference to the OS platform, see Art. 14 paragraph 2 of the ODR Regulation.