1. Area of application
- These terms and conditions apply to contracts for the leasing of hotel rooms for accomodation, as well as all additional services and deliveries of the hotel provided to the customer.
- The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is waived, as far as the customer is not a consumer.
- Terms and conditions of the customer only apply if this has been expressly agreed in writing.
2. Conclusion of contract, – partners, statute of limitations
- The contract is concluded by the acceptance of the customer’s request by the hotel. The hotel is free to confirm the room booking in writing.
- Contractual partners are the hotel and the customer. If a third party has ordered for the customer, he is liable to the hotel together with the customer as the joint debtor for all obligations under the hotel accommodation contract, provided that the hotel has a corresponding declaration from the third party.
- All claims against the hotel expire in principle one year from the beginning of the knowledge-dependent regular limitation period of § 199 paragraph 1 BGB. Claims for damages become statute-barred in five years. The limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
3. Services, prices, payment, offsetting
- The hotel is obliged to keep the rooms reserved by the customer available and to provide the agreed services.
- The customer is obliged to pay the applicable or agreed hotel prices for the room rental and the other services used by him. This also applies to services provided by the customer and expenses of the hotel to third parties.
- The agreed prices include the respective statutory value added tax. If the period between conclusion of the contract and performance of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the latter may raise the contractually agreed price appropriately, but not by more than 5%.
- Prices may also be changed by the hotel if the customer subsequently requests changes to the number of booked rooms, the hotel’s service or the length of stay of the guests and the hotel agrees.
- Invoices of the hotel without a due date are payable within 10 days from receipt of the invoice without deduction. The hotel is entitled to make any accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, in the amount of 5% above the base interest rate. The hotel has proof of a higher
- The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package holidays. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
- The customer can offset or reduce only with an undisputed or legally enforceable claim against a claim of the hotel.
4. Resignation of the customer (i. E. Cancellation, cancellation) / non-use of the services of the hotel (No Show)
- A resignation of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this is not the case, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This does not apply to breach of the obligation of the hotel to take into account the rights, legal interests and interests of the customer, if the latter can no longer be expected to hold on to the contract or is entitled to any other legal or contractual right of withdrawal.
- If an appointment for free cancellation of the contract between the hotel and the customer has been agreed in writing, the customer can withdraw from the contract until then, without triggering payment or damage claims of the hotel. The customer’s right of withdrawal shall expire if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless a case of the customer’s resignation pursuant to Number 1 Sentence 3 exists.
- In the case of rooms not used by the customer, the hotel shall charge the income from other rental of the rooms as well as the saved expenses.
- The hotel is free to demand the contractually agreed fee and to charge the deduction for expenses saved. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for bed and breakfast, 70% for half board and 60% for full board arrangements. The customer is free to prove that the above claim has not arisen or not in the required amount.
5. Resignation of the hotel
- If a free right of withdrawal of the customer within a certain period has been agreed in writing, the hotel is in this period in turn entitled to withdraw from the contract, if inquiries from other customers to the contracted rooms and the customer on request of the hotel on his right to resign waived.
- If an agreed advance payment or an advance payment demanded in accordance with clause III no. 6 above is not made even after the expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.
- Furthermore, the hotel is entitled to withdraw from the contract for a materially justified reason, for example if
- force majeure or other circumstances beyond the hotel’s control make fulfillment of the contract impossible;
- Rooms misleading or misrepresenting material facts, e.g. in the person of the customer or the purpose to be booked;
- the hotel has justified cause to believe that the use of the hotel services may jeopardize the smooth operation, security or reputation of the hotel in public without this being attributable to the hotel’s sphere of control or organization;
- there is a violation of clause I no. 2 above.
- In case of justified cancellation of the hotel no claim of the customer for compensation for damages arises.
6. Room preparation, room handover and return
- The customer does not acquire the right to provide certain rooms.
- Booked rooms are available to the customer from 3 pm on the agreed arrival day. The customer has no right to earlier availability.
- On the agreed departure day, the rooms must be vacated at the latest by 12 noon. Thereafter, the hotel may charge 50% of the full accommodation price (list price) until 6:00 pm due to the delayed eviction of the room for its contractually agreed use, and from 18:00 o’clock 100%. Contractual claims of the customer are not justified by this. He is free to prove that the hotel has no or a much lower entitlement to user fees incurred
7. Liability of the hotel
- The hotel is liable with the care of a proper businessman for his obligations under the contract. Customer claims for compensation are excluded. This does not apply to damage resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damages based on intentional or grossly negligent breach of duty by the hotel and damages due to willful or negligent breach of duty contractual obligations of the hotel. A breach of duty of the hotel is equal to that of a legal representative or vicarious agent. In the event of any disruption or defect in the services provided by the hotel, the hotel will make every effort to remedy the situation, if the customer knows or is promptly notified. The customer is obliged to contribute to what is reasonable for him, in order to remedy the disturbance and to minimize possible damage.
- The hotel is liable to the customer according to the legal provisions, which is up to a hundred times the room price, not more than € 3,500.00. The liability claims expire if the customer does not notify the hotel immediately after gaining knowledge of loss, destruction or damage (§ 703 BGB). For further liability of the hotel, the above number 1 sentences 2 to 4 apply accordingly.
- Insofar as the customer is provided with a parking space in the hotel garage or on a hotel car park, also for a fee, this does not constitute a custody agreement.
In case of loss or damage on the hotel grounds parked or shunted vehicles and their contents, the hotel is not liable, except in case of intent or gross negligence. The above number 1 sentences 2 to 4 apply accordingly.
- Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and merchandise for guests are treated with care. The hotel will take over the delivery, storage and – if desired – for a fee the forwarding of the same. The above number 1 sentences 2 to 4 apply accordingly.
8. Final provisions
- Changes or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
- Place of fulfillment and payment is the seat of the hotel.
- Exclusive place of jurisdiction – also for check and change disputes – is in the commercial traffic the seat of the hotel. If a contractual partner fulfills the requirements of § 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.
- German law applies. The application of the UN sales law and conflict of laws is excluded.
- Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
Berlin april 2003