GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
1 SCOPE
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes as well as all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term “Hotel Accommodation Agreement” includes and replaces the following terms: Accommodation contract, guest reception contract, hotel contract, hotel room contract.
1.2 The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby Section 540 (1) sentence 2 of the German Civil Code is waived insofar as the customer is not a consumer within the meaning of Section 13 of the German Civil Code.
1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in text form in advance.
2 CONCLUSION OF THE CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD
2.1 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.
2.2 All claims against the hotel are generally subject to a limitation period of one year from the statutory commencement of the limitation period. This does not apply to claims for damages and other claims if the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by the customer. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time of the conclusion of the contract. Not included are local taxes which are owed by the guest according to the respective local law, such as the guest contribution of the city of Goslar. In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion and fulfilment of the contract exceeds four months.
3.4 The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel’s services or the customer’s length of stay conditional upon a reasonable increase in the price for the rooms and/or for the hotel’s other services.
3.5 Invoices of the hotel are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment shall be made without deduction within fourteen days of receipt of the invoice, unless otherwise agreed.
3.6 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a down payment. The amount of the advance payment and the payment dates may be agreed in text form in the contract. The statutory provisions shall remain unaffected in the case of advance payments or security deposits for package tours. In the event of default of payment by the customer, the statutory provisions shall apply.
3.7 In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract until the start of the stay, to demand an advance payment or security deposit within the meaning of clause 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.8 The hotel is also entitled to demand from the customer a reasonable advance payment or security deposit within the meaning of clause 3.6 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such a payment has not already been made in accordance with clause 3.6 and/or clause 3.7 above.
3.9 The customer may only set off or offset an undisputed or legally enforceable claim against a claim of the hotel.
3.10 The customer agrees that the invoice may be sent to him electronically.
4 CUSTOMER WITHDRAWAL (CANCELLATION) / NON-UTILISATION OF THE HOTEL’S SERVICES (NO SHOW)
4.1 The customer may only withdraw from the contract concluded with the hotel 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 cancellation of the contract.
4.2 Insofar as a date for withdrawal from the contract free of charge has been agreed between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering claims for payment or damages on the part of the hotel.
4.3 If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite the non-utilisation of the service. The hotel shall take into account the income from renting the rooms to other parties and the expenses saved. If the rooms are not let to other parties, the hotel may make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight accommodation 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 has not arisen or has not arisen in the amount demanded.
5 CANCELLATION OF THE HOTEL
5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract during this period if there are enquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel with a reasonable deadline. This applies accordingly in the case of the granting of an option, if other enquiries and the customer is not prepared to make a firm booking after being asked by the hotel within a reasonable period of time.
5.2 If an advance payment or security deposit agreed or demanded in accordance with clause 3.6 and/or clause 3.7 is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons, in particular if – force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract; – rooms or rooms are culpably booked with misleading or false information or concealment of material facts; the hotel has reasonable grounds to assume that the use of the service may jeopardise the smooth operation of the business, the security or the public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organisation. the purpose or reason for the stay is unlawful; – there is a breach of the above-mentioned clause 1.2.
5.4 The justified withdrawal of the hotel does not justify a claim for damages on the part of the customer.
6 ROOM PROVISION, HANDOVER AND RETURN
6.1 The customer does not acquire a claim to the provision of specific rooms, unless this has been expressly agreed in text form.
6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer has no right to earlier availability.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:30 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (price according to the price list) 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 at liberty to prove that the hotel has not incurred any or a significantly lower claim to a usage fee.
7 LIABILITY OF THE HOTEL
7.1 The hotel is liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical of the contract by the hotel. Typical contractual obligations are those obligations that make the proper performance of the contract possible in the first place and on the performance of which the customer relies and may rely. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise provided for in this clause 7. . In the event of disruptions or defects in the hotel’s services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and keep any possible damage to a minimum.
7.2 The hotel shall be liable to the customer for items brought in in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer brings in money, securities and valuables with a value of more than 800 euros or other items with a value of wishes to deposit more than 3,500 euros, this requires a separate storage agreement with the hotel.
7.3 Insofar as a parking space is made available to the customer in the hotel garage or in the hotel car park, even for a fee, this shall not constitute a safekeeping contract. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, the hotel shall only be liable in accordance with the above Clause 7.1, Sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages for the customers are handled with care. After prior consultation with the customer, the hotel may accept, store and – upon request – forward mail and merchandise shipments for a fee. The hotel shall only be liable in this respect in accordance with the above Clause 7.1, Sentences 1 to 4.
8 FINAL PROVISIONS
8.1 Amendments and supplements to the contract, the application acceptance or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements are invalid.
8.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for cheque and bill of exchange disputes – is Bonn in commercial transactions. If the customer fulfils the prerequisite of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Bonn.
8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
8.4 In accordance with the legal obligation, the Hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (“ODR platform”): http://ec.europa.eu/consumers/odr/ However, the Hotel does not participate in dispute resolution proceedings before consumer arbitration boards.
Status: April 2023
