Terms & conditions for the hotel acceptance agreement
1 SCOPE
1.1
These terms and conditions shall apply to agreements on the transfer for rental of hotel rooms for accommodation as well as to all additional services and deliveries provided for customers in this connection by the hotel (hotel acceptance agreement). The term „hotel acceptance agreement“ includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room agreement.
1.2
Subletting or reletting the rooms transferred and their use for other than accommodation purposes shall require the prior agreement of the hotel in text form, in which case § 540 Paragraph 1 Clause 2 Civil Code is waived if the customer is not a consumer.
1.3
The customers terms and conditions shall only apply if this was expressly agreed beforehand.
2 CONCLUSION OF THE CONTRACT, PARTNERS, STATUTORY LIMITATION
2.1
The contracting parties are the hotel and the customer. The agreement shall take effect through the hotel's acceptance of the customer's application. The hotel shall be free to confirm the booking of a room in text form.
2.2
All claims against the hotel shall be statute-barred within a year from the statutory start of the statutory limitation. Compensation claims shall be statute-barred in five years in the case of the necessary awareness of the cause for a claim, provided that they do not relate to injury to life, body or health or infringement of freedom. These compensation claims shall be statute-barred in ten years without the necessary awareness of a cause for a claim. Restrictions on statutory limitations shall not apply to claims that relate to a deliberate or grossly negligent breach of obligation by the hotel.
3 SERVICES, PRICES, PAYMENT, OFFSETTING
3.1
The hotel is obliged to keep the room booked by the customer ready and to provide the agreed services.
3.2
The customer is obliged to pay the applicable hotel price charged for the transfer of the room as well as for any additional services agreed. This shall also apply to services directly authorised by the customer or by the hotel, provided by third parties and paid for in advance by the hotel.
3.3
The prices agreed shall be considered as including the taxes and local duties applicable at the time of the conclusion of the contract. Not included are local duties that are due from the guest under the relevant local government law, such as tourist tax.
In the event of a change in the statutory turnover tax or new introduction, change or abolition of local duties to the object of performance after the conclusion of the contract, the prices shall be adjusted accordingly. Where agreements with consumers are concerned, this shall only apply if the period between the conclusion of the contract and the performance of the contract exceeds four months.
3.4
The hotel can make its agreement to a reduction in the number of rooms originally booked by the customer, the services of the hotel or the duration of stay of the customer dependent on the price of the room and/or the other services of the hotel being increased.
3.5
The hotel's bills shall be payable without a due date within ten days from receipt of the bill without a deduction. The hotel can at any time require that the customer immediately pay due claims. In the even of a payment delay the hotel shall be entitled to demand the currently applicable statutory late payment interest of 8% or for legal transactions involving a consumer, of 5% above the base lending rate. The hotel reserves the right to prove a higher loss.
3.6
On conclusion of the contract, the hotel can demand from the customer an appropriate prepayment or deposit, for example in the form of a credit card guarantee. The amount of the prepayment and the payment deadline can be agreed in text form in the contract. With prepayment or deposits for travel packages, the statutory provisions are unaffected.
3.7
In well-founded cases, e.g. payment arrears by the customer or extension of the scope of the contract, the hotel can, after the conclusion of the contract up to the start of the customer's stay, demand a prepayment or deposit under the above clause 3.6 or an increase of the prepayment or deposit agreed in the contract until full payment.
3.8
The hotel can also, at the beginning and during the customer's stay, demand an appropriate prepayment or deposit under the above Clause 3.6 for existing and future claims under the contract, provided such was not already made in accordance with the above Clause 3.6 and/or 3.7.
3.9
The customer can only offset a claim by the hotel with an undisputed or final and absolute claim.
4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION)/
NON-USE OF THE HOTEL'S SERVICES (NO SHOW)
4.1
Withdrawal of the customer from the contract concluded with the hotel shall only be possible if a right of withdrawal was expressly agreed in the contract, there is another right of withdrawal or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any agreement to cancel the contract shall be made in text form.
4.2
If between the hotel and the customer a deadline was agreed for free withdrawal from the contract, the customer can withdraw from the contract until then without triggering a payment or compensation claim from the hotel. The customer's right of withdrawal shall lapse if he does not exercise his right of withdrawal against the hotel by the agreed deadline.
4.3
If a right of withdrawal is not agreed or has already lapsed, there is also no statutory right of withdrawal or right of cancellation and the hotel does not agree to cancellation of the contract, the hotel reserves the right to claim the agreed payment despite the non-use of the service. The hotel shall deduct the income from other room rentals and the costs saved. If the rooms are not rented out otherwise, the hotel can compound the deduction for costs saved. The customer shall in this case be obliged to pay at least 90% of the contractually agreed price for an overnight stay with or without breakfast as well as for standard arrangements with outside services, 90 % for half-board accommodation and 90 % for full accommodation arrangements. The customer is free to prove that the aforementioned claim was not made or not at the required amount.
4.4
In the case of an agreed right of withdrawal (see cancellation conditions in the confirmation), the stated deadline is valid until 12 a.m.. After that, 4.3 comes into force.
4.5.
In addition, special cancellation conditions apply to bookings of 5 or more connected rooms / 8 people or more: The rooms can only be canceled 100% of the time up to 4 - 6 weeks before arrival or further in advance free of charge. The group can then no longer be canceled and will be charged with the number of participants and length of stay specified up to that point. Individual rooms, up to a maximum of 10% of the allotment, can be canceled in writing free of charge up to 3 days before arrival. In the case of short-term cancellations, partial cancellations (e.g. one night for stays of several days) and no-show, 4.3 comes into force.
5 WITHDRAWAL OF THE HOTEL
5.1
If it was agreed that the customer could withdraw from the contract free of charge within a particular period, the hotel is for its part entitled to withdraw from the contract within this period if other queries are made by other customers for the contractually agreed rooms and the customer does not waive his right to withdraw within an appropriate period after inquiry by the hotel.
5.2
If a prepayment or deposit agreed or demanded in accordance with Clause 3.6 and/or 3.7 is not made even after the expiration of an appropriate extension set by the hotel, the hotel can likewise withdraw from the contract.
5.3
The hotel can also extraordinarily withdraw from the contract for specific, justified reasons, particularly if
- Unforeseen reasons or other circumstances for which the hotel is not responsible make performance of the contract impossible;
- Rooms or spaces were culpably booked by providing misleading or false information or concealing essential facts; "essential" may refer to the identity of the customer, ability to pay or purpose of the stay;
- The hotel has well-founded cause to assume that the use of the service could endanger the seamless operation of the business, safety or reputation of the hotel in the eyes of the public without this being attributable to the hotel's scope of organisation or control;
- The purpose or cause of the stay is illegal;
- There is a breach of the aforementioned Clause 1.2.
5.4
The justified withdrawal of the hotel shall not be the cause of any claim for compensation by the customer.
6 PREPARATION, TRANSFER AND RETURN OF THE ROOM
6.1
The customer shall not acquire any claim to provision of a particular room unless expressly agreed.
6.2
Booked rooms shall be available to the customer from 3 p.m. on the agreed check-in day. The customer shall have no claim to earlier provision.
6.3
On the agreed check-out day the rooms shall be vacated by 11 a.m. at the latest. After this the hotel can bill the customer 50% of the full lodging price (list price) for late vacating of the premises and exceeding the contractually agreed use by 6 p.m. and 90% from 6 p.m. Contractual claims by the customer shall hereby not be well-founded. He shall be free to prove that the hotel has no or an essentially lower claim to compensation for use.
7 LIABILITY OF THE HOTEL
7.1
The hotel shall be liable for damage caused by it resulting in injury to life, body or health. It shall also be liable for other damage that relates to a deliberate or grossly negligent breach of obligation by the hotel or to a deliberate or negligent breach of the hotel's standard contractual obligations. A breach of obligation by the hotel shall be equivalent to that of a legal representative or vicarious agent. Further compensation claims shall be excluded unless otherwise regulated in this Clause 7. Should disturbances or defects occur in the hotel's services, the hotel shall, on learning of them or on the customer's immediate objections, do its utmost to seek a remedy. The customer is obliged to contribute as much as is reasonable to repairing the disturbance and minimising any damage.
7.2
The hotel shall be liable in accordance with the statutory provisions for any damage caused to the customer. The hotel recommends use of the hotel or room safe. If the guest wishes to bring 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 shall require a separate safekeeping agreement with the hotel.
7.3
If a storage location is provided to the customer in the hotel garage or in the hotel car park, including for a fee, there shall not thereby be any deposit contract. If there is any loss or damage to a vehicle or its contents stored or manoeuvred on the hotel property, the hotel shall be liable only in accordance with the aforementioned Clause 7.1, sections 1 to 4.
7.4
Messages, post and consignment of goods for guests shall be handled with care. The hotel shall be responsible for delivery, storage and for a fee - on request - forwarding of the same. The hotel shall be liable in this connection only in accordance with the aforementioned Clause 7.1, sections 1 to 4.
8 CONCLUDING PROVISIONS
8.1
Amendments and supplements to the contract, the acceptance proposal or these terms and conditions shall be in text form. Unilateral amendments or supplements by the customer shall be ineffective.
8.2
The place of performance and payment and exclusive place of jurisdiction - including for cheque and currency exchange disputes - shall be Wiesbaden in commercial dealings. If a contracting party fulfils the preconditions of § 38 Paragraph 2 Code of Civil Procedure and has no general place or jurisdiction in Germany, Wiesbaden shall be the place of jurisdiction.
8.3
German law shall apply. The application of the UN Purchasing Convention and Law of Conflict of Laws shall be excluded.
8.4
Should individual provisions of these terms and conditions be or become ineffective or null and void, the effectiveness of the other provisions shall not be affected. In other respects the statutory provisions shall apply.
Breuer-Hadwiger Hotelbetriebs GmbH & CO. KG
Hotel Im Schulhaus
Schwalbacher Strasse 41
65391 Lorch/ Rheingau