General terms and conditions for hotel accommodation contracts
I. Scope of applicability
- These terms and conditions govern contracts for the rental use of hotel rooms and apartments for lodging purposes, as well as all other goods and services rendered by the hotel to the customer.
- The hotel’s prior consent in written form is required if rooms provided are to be sublet or rented to a third party, or used for purposes other than lodging, whereby § 540, paragraph 1, sentence 2 of the German Civil Code (BGB) is waived if the customer is not a consumer.
- The customer’s general terms and conditions shall apply only if these are previously agreed explicitly.
II. Conclusion of the contract, contractual parties; statute of limitation
- The contract shall come into force upon the hotel’s acceptance of the customer’s application. The hotel may confirm the room reservation in written form at its discretion.
- The hotel and the customer are the contractual parties. If a third party orders for the customer, it is liable as a co-debtor along with the customer with respect to the hotel for all liabilities arising from the hotel accommodation contract provided a corresponding declaration of the third party is submitted to the hotel.
- Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period.
III. Services, prices, payment and settlement
- The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.
- The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services availed. This also applies to services ordered by the customer and the expenses of the hotel to third parties.
- The agreed prices include all taxes and local taxes that are applicable at the time of the conclusion of contract. If the period between the conclusion of the contract and the fulfilment of the contract exceeds 4 months and if the price normally calculated by the hotel for such services is increased, it can increase the contractually agreed price reasonably, however by a maximum of 10%.
- The hotel can also change the prices if the customer requests for subsequent changes in the number of reserved rooms, services by the hotel or the duration of stay of guests and the hotel agrees the same.
- Hotel invoices not stating a due date are payable without deduction and due within 10 days of receipt of the invoice. The hotel is entitled to demand immediate payment of due amount from the customer. In case of a default of payment, the hotel shall be entitled to demand the applicable statutory default interest 8% or, with legal transactions with a consumer, of 5% above the base interest rate.
The customer reserves the right to prove lower damage, whereas the hotel reserves the right to prove greater damage.
- The hotel is entitled to demand a reasonable advance payment or a security upon conclusion of the contract or thereafter by taking into account the legal regulations for package holidays. The amount of the advance payment and payment dates may be agreed in written form in the contract.
- The customer may only set-off or reduce a claim by the hotel with a claim which is undisputed or legally decided.
IV. Withdrawal of the customer (cancellation, annulment) / failure to use hotel services (no show)
- The customer can withdraw from the contract concluded with the hotel only if the hotel allows the same in writing. If this is not the case, the agreed price in the contract must be paid even if the customer has not availed the contractual services.
This is not applicable in case of the violation of the hotel’s obligation for the consideration of rights, legally protected rights and interests of the customer if the customer is no longer expected to abide by the contract due to this.
- If as the hotel and customer have agreed upon a date for a withdrawal from the contract, the customer can withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal shall expire, if he/she does not exercise his/her right of withdrawal vis-à-vis the hotel in writing by the agreed date provided it is not the case of the withdrawal by the as per the aforementioned IV, clause 1, sentence 3.
- For the rooms that are not availed by the customer, the hotel must take into account the income from the rooms rented to other parties and the saved expenses.
- The hotel can demand the contractually agreed rate and assess a lump sum deduction for the saved expenses of the hotel. In this case, the customer is obligated to pay at least 90% of the contractually agreed rate for the overnight stay with or without breakfast, 70% for half-board and 60% for full-board arrangements.
The customer has the liberty to prove that the above-mentioned claim was or has not amounted to the demanded sum.
V. Withdrawal by the hotel
- If the customer’s right of withdrawal within a specific period was agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually reserved rooms and the customer, upon a request by the hotel, does not waive his/her right of withdrawal.
- If an agreed payment or an advance payment demanded as per the III clause 6 is not made, then the hotel is likewise entitled to withdraw from the contract.
- Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable reason, in particular if
- force majeure or other circumstances beyond the hotel’s control render the fulfilment of the contract impossible;
- rooms are reserved with culpably misleading or false information regarding essential facts such as the personal identity of the customer or the purpose;
- the hotel has a justified reason to believe that use of the hotel’s services might jeopardise the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organisation.
- aforementioned I, clause 2 is violated.
- In case of a justified withdrawal by the hotel, the customer shall not be entitled to claim for damages.
VI. Room availability, hand-over and return
- The customer does not acquire the right to be provided with specific rooms.
- Reserved rooms are available to the customer from 15:00 hours on the agreed arrival date. The customer does not have the right for an early provision.
- Rooms must be vacated and made available to the hotel not later than 12:00 noon on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use beyond the contractual time, the hotel may charge 50% of the full accommodation rate (list price) for the additional use of the room until 18:00 hours and charge 100% after 18:00 hours. Contractual claims of the customer shall not be justified. The customer is free to prove that the hotel has no or a much lower claim for charges for using the room.
VII. Liability of the hotel
- The hotel is under obligation to fulfil its liabilities arising from the contract with the scrupulousness of a respectable businessman. Customer’s claims for damage compensations are ruled out. This does not include damages due to harm inflicted on life, limb and physical health if the hotel is responsible for the breach of obligation and other damages that are attributed to an intentional or grossly negligent breach of obligation by the hotel. A breach of obligation by the hotel is deemed to be the equivalent to a breach by a statutory representative or a vicarious agent. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection raised by the customer without undue delay. The customer is obliged to undertake actions reasonable for him/her to eliminate the disruption and to keep any possible damage to a minimum.
- The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions to the value that is hundred times the room price, but a maximum of € 3500 and up to € 800 for money, securities, or valuables. Money, securities and valuables up to maximum value of € 7,500 can be kept in the hotel or the roof safe. The hotel recommends using this facility. The liability claims shall be void if the customer does not notify the hotel immediately after realising the loss, destruction or damage (§ 703 BGB).
- If a parking space is provided to the customer in the hotel garage or a hotel parking lot against a fee, it still does not constitute a safekeeping agreement. In case of a loss of or damage to the motor vehicles parked or manoeuvred on the hotel’s property and their contents, the hotel shall not bear any liability except this can be attributed to intent or gross negligence. This is also applicable for vicarious agents of the hotel.
- The wake-up calls facility is provided by the hotel with the greatest possible diligence. Messages, mail, and goods deliveries for guests shall be handled with care. The hotel will deliver, store, and, for a fee, forward such items on request.
Aforementioned clause 1, sentences 2 to 4 shall be applicable accordingly.
VIII. Final provisions
- Amendments and supplements to the contract, the acceptance of applications or these general terms and conditions must be made in written form. Unilateral amendments or supplements by the customer are invalid.
- The headquarters of the hotel shall be the place of fulfilment and payment.
- For commercial transactions, Halle (Saale) shall be the exclusive jurisdiction even for checks and litigations. If a contractual party fulfils the requirements of § 38, paragraph 2 of the German Code of Civil Procedure (ZPO) and does not have a place of general jurisdiction within the country, the courts at the headquarters of the hotel shall have exclusive jurisdiction.
- The German law shall be applicable. The application of the UN Convention on the International Sale of Goods and Conflict Law are precluded.
- If individual provisions of these general terms and conditions are or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.