Terms & Conditions

General Terms and Conditions of Trading for Hotel Admission

I. Area of validity

1. These terms and conditions apply to contracts for the rented use of hotel rooms for accommodation purposes and for all other hotel services and

deliveries carried out on behalf of the client.

2. The subletting or reletting of rented rooms as well as their use for any other purpose other than accommodation requires the prior written consent

of the hotel. Section 40 Subsection 1 of the Civil Code is waived if the client is not the consumer.

3. The client’s terms and conditions of trading will only apply if this is agreed in advance in writing.

 

II. Contract conclusion, parties, and limitation

1. The contract comes into existence following the acceptance of the client’s application by the hotel. The hotel confirms the room reservation in

writing at its own discretion.

2. The contracting parties are the hotel and the client. If a third party makes a booking on behalf of the client, both the third party and the client will

be liable to the hotel as joint debtors for all obligations arising from the contract of hotel admission, provided the hotel has an appropriate declaration from the third party.

3. The limitation period for all client claims is one year following commencement of the knowledge-dependent regular statutory period of limitation as

laid down in Section 199 Subsection 1 of the Civil Code. The limitation period for claims for damages is 5 years regardless of knowledge. Limitation

period reductions are invalid in the case of claims resulting from intentional or grossly negligent breach of duty by the hotel.

 

III. Services, prices, payment, and set-off

1. The hotel undertakes to have the room that the client has booked ready for use and to provide the agreed services.

2. The client undertakes to pay the hotel the applicable or agreed prices for use of the room and the services that he/she makes use of. This also

applies to the hotel’s services and expenditure to third parties arranged by the client.

3. The agreed prices shall include current statutory value-added-tax. If the period between contract conclusion and contract performance exceeds four months, and the hotel implements a general price increase for the services offered, the hotel may only increase the contractually-agreed price by a maximum of 5%.

4. Furthermore prices can be altered by the hotel if the client subsequently changes the number of rooms booked, the services ordered or the duration of the guests’ stay, and the hotel is in agreement.

5. Invoices issued by the hotel without a settlement date are payable in full within 10 days of receipt of invoice. The hotel shall be entitled to call due

at any time accumulated debts and request immediate payment. In the event of default in payment, the hotel shall be entitled to charge the applicable statutory interest on arrears at 8% above the base lending rate or in the case of legal transactions in which a consumer is involved, at 5% above the base lending rate. The hotel retains the right to prove higher damages.

6. The hotel shall be entitled on contract conclusion or subsequently, taking into account statutory regulations for package holidays, to require a

reasonable deposit or safety bond. The amount of the deposit and the dates for payment may be specified in writing the contract.

7. The client may only set-off or reduce in the instance of an undisputed or res judicata claim with respect to a claim of the hotel.

 

IV. Client termination (i.e. cancellation) / Non-use of hotel services (no show)

1. Client withdrawal from a contract concluded with the hotel shall require the written agreement of the hotel. If this is not obtained, the agreed price as stated in the contract shall be payable even if the client does not make use of the contractually-agreed services. This does not apply if a breach of duty by the hotel in relation to the rights, legal assets and interests of the client, renders adherence to the contract unreasonable or another statutory or contractual right of withdrawal exists.

2. In so far as a date for contract withdrawal has been agreed between the hotel and the client, the client may withdraw from the contract up to this

time without resulting payment or damage claims on the part of the hotel. The client’s right to withdrawal expires if he/she does not exercise his/her

right to withdrawal in writing by the agreed date with respect to the hotel, provided withdrawal is not on account of point 1 sentence 3.

3. If the client does not make use of the rooms booked, the hotel may charge for the income that would have otherwise been earned through the

rental of these rooms. Expenses not incurred on account of the non-use of the rooms shall be deducted from this amount.

4. The hotel shall be entitled to require payment of the contractually-agreed amount and to compound the deduction for reduced expenditure. The

client in this case undertakes to pay at least 80% of the contractually-agreed price for the overnight stay with or without breakfast, 70% for halfboard, and 60% for full-board arrangements. The client is at liberty to prove that no damages have arisen or that the damages sustained by the hotel are lower than the amount claimed.

 

V. Hotel termination

1. Provided the client’s right to termination within a specific period was agreed in writing, the hotel shall for its part also be entitled to withdraw from

the contract during this period if enquiries are received from other clients concerning the contractually-booked rooms, and the client, following enquiry by the hotel, does not waive his right to termination.

2. If an agreed deposit or a deposit required according to clause III point 6 above is not paid even after the hotel has granted an additional and

reasonable period of time for payment, the hotel shall likewise be entitled to withdraw from the contract.

3. Furthermore the hotel shall be entitled to extraordinarily withdrawal from the contract for a justifiable reason if, for example,

· force majeure or other circumstance outside the control of the hotel makes completion of the contract impossible

· when rooms are booked using fraudulent or false information , e.g. relating to the identity of the client or the purpose for which the rooms

are being booked

· the hotel has valid reason to believe that use of the hotel will endanger the problem-free running, safety or public reputation of the hotel,

without this in any way being attributable to the hotel management and organisation

4. In the event of justified withdrawal on the part of the hotel, the client shall have no claim to compensation.

 

VI. Room allocation, hand-over and return

1. The client does not have any claim to the provision of specific rooms.

2. Reserved rooms will be available from 15.00 onwards on the agreed day of arrival. The client has no entitlement to earlier availability.

3. Rooms are to be vacated and placed at the hotel's disposal by 11.00 at the latest on the agreed day of departure. After this time the hotel shall be

entitled to invoice the client for 50% of the full accommodation (list) price, and 100% after 18.00 for late vacation and contractually-exceeding use of the room. This does not create any contractual remedies for the client. The client is at liberty to prove to the hotel that it has not incurred damages or substantially lower damages.

 VII:.Hotel liability

1. The hotel shall be contractually liable for the care of a prudent businessman. Client claims for damages are excluded, except in the case of injury to life, body or health that arise due to negligent breach of duty by the hotel, and in the case of wilful or intentional neglect of duties typical for this type of contract. Any negligence on the part of legal representatives or fulfilment agents shall be treated as if originating with the hotel. Should

disturbances or deficiencies arise in relation to the services provided by the hotel, the hotel will endeavour to take remedial action as soon as it

becomes aware of them or is informed of them by the client. The client undertakes to attempt to remedy any disturbance himself/herself and to limit

the amount of any damage to the extent that it is reasonable for him/her to do so.

2. The hotel shall be liable for items brought into the hotel with respect to the client in accordance with statutory provisions. i.e. up to one hundred

times the room price, but not exceeding euro 3,500, and up to euro 800 in the case of cash, securities and valuables, but not exceeding euro 3000.

Cash, securities and valuables up to a maximum value of euro 3000 (enter hotel insurance sum) can be kept in the hotel safe. The hotel recommends that use is made of this option. Claims for liability claims will not be possible unless the client informs the hotel immediately on discovery of loss, destruction or damage (Section 703 Civil Code). See point 1 sentences 2 to 4 above for further hotel liability.

3. If the client is provided with a parking space in the hotel garage or in the hotel car park, no contract of deposit shall come into existence, even if

provision of the space is subject to payment. In the event of loss of damage of a vehicle or its contents that is parked or kept on hotel property, the

hotel shall not be liable, except in the instance of intention or gross negligence of duty on the part of hotel employees. Point 1 sentences 2 to 4 above shall correspondingly apply.

 

VIII. Final Provisions

1. Amendments or supplements to this contract, acceptance of the application or these terms and conditions of business for admission to the hotel

shall be made in writing. One-sided amendments or supplements by the client are not valid.

2. The head office of the hotel is the place of fulfilment and place of payment.

3. The place of exclusive jurisdiction for commercial transactions – also for disputes with regard to cheques and bills – is the hotel head office. In so

far as a contracting party complies with the conditions of Section 38, Subsection 1, Code of Civil Procedure, and does not have a general, domestic

place of jurisdiction, the hotel head office is regarded as the place of jurisdiction.

4. German law applies. The application of the UN Sales Convention or conflict of laws provisions is excluded.

5. Should individual provisions of these general terms and conditions of business for admission to the hotel be or become invalid or void, the validity of the other provisions is not affected. In other respects the statutory provisions apply.