TERMS AND CONDITIONS
General terms and conditions for the hotel accommodation contract
1. Scope of Application
1.1 These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging purposes, as well as all other services and deliveries provided by the hotel to the guest in this context (“Hotel Accommodation Contract” and hereinafter also referred to as the “Contract”). The Hotel may provide its services through third parties.
1.2 General Terms and Conditions of the Guest shall not apply unless they are expressly accepted by the Hotel in advance in text form.
2. Conclusion of Contract
2.1 The contracting parties are the hotel and the guest. The contract shall be concluded by the hotel’s acceptance (booking confirmation) of the guest’s application (booking request). The hotel is free to accept the request in writing, in text form (e-mail, fax) or conclusively by providing the service.
2.2 The subletting or reletting of the rooms provided requires the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived. The use for other than accommodation purposes is prohibited.
3. Services, prices, payment, set-off/retention
3.1 The hotel is obliged to keep the rooms booked by the guest ready and to provide the agreed services.
3.2 The guest is obligated to pay the agreed or applicable prices for the provision of the room as well as for the other agreed or utilized services. This also applies to services and expenses of the hotel to third parties arranged by the guest.
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 visitor’s tax.
In the event of changes to tax, fee and levy rates as well as the effective levying of new taxes, fees and levies previously unknown to the parties, the hotel reserves the right to adjust the prices accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract (booking confirmation) and the contract adjustment exceeds four months.
3.4 Invoicing is done in Euro. In the case of foreign means of payment, exchange rate differences and bank charges shall be borne by the party obligated to pay.
3.5 Invoices of the hotel without due date are payable within 10 calendar days from receipt of the invoice without deduction. If the hotel has granted the guest a term of payment or other credit and the guest defaults thereon or on other payment obligations to the hotel, the term of payment or other credit may be revoked and all claims shall become due immediately. The hotel is entitled to charge a reminder fee of EUR 5.00 for each reminder.
3.6 The hotel is entitled to demand an appropriate advance payment or security deposit (down payment, credit card guarantee) from the guest upon conclusion of the contract. The amount of the advance payment or security deposit and the payment dates can be agreed in writing in the contract.
3.7 In justified cases, e.g. if the guest is in arrears with payment, the hotel is entitled to demand an advance payment or security deposit within the meaning of the above section 3.6 or an increase of the advance payment or security deposit agreed in the contract up to the full agreed remuneration even after conclusion of the contract until the beginning of the stay.
3.8 Furthermore, the hotel is entitled to demand from the guest, at the beginning and during the stay, a reasonable advance payment or security deposit as defined in Section 3.6 above for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with Sections 3.6 and 3.7 above.
3.9 The guest agrees that the invoice can be sent to him electronically.
3.10 A set-off and/or a right of retention of the guest is excluded, unless the set-off and/or the retention concerns an undisputed, legally established claim or a claim that is ready for decision.
4. Withdrawal of the guest (cancellations), non-utilization of the service (no show)
4.1 The guest may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if a statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract.
4.2 If a deadline for withdrawal from the contract, if applicable against payment of a lump sum compensation (also staggered according to the time of withdrawal), has been agreed in writing between the hotel and the guest, these deadlines and lump sums shall be deemed agreed. In this case, if a right of withdrawal within a certain period without compensation has been agreed, the guest can withdraw from the contract without compensation and otherwise against payment of this lump sum. The guest has the right to prove that no damage or not the same amount of damage has been incurred.
4.3 If any right of withdrawal has not been exercised within the agreed period, it shall expire upon expiry of the period and the contract shall remain in full force and effect with the consequence that the guest shall pay the agreed consideration even if he does not make use of the services ordered. The hotel has to take into account the saved expenses as well as the income from other uses of the hotel services. If the rooms are not rented to other parties, the hotel may choose to make a flat-rate deduction for saved expenses. In this case, the guest is obliged to pay 90% of the contractually agreed price for overnight stays with or without breakfast, 70% of the contractually agreed price for overnight stays with half board and 60% of the contractually agreed price for overnight stays with full board arrangements. The guest retains the right to prove that no damage or not the same amount of damage has been incurred.
4.4 The above provision shall apply accordingly if the guest does not make use of the booked room or the booked services or does not make use of them by the time specified in Section 6.4 (no show).
5. Cancellation / Termination of the Hotel
5.1 If it has been agreed in writing that the guest may withdraw from the contract free of charge within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period if there are inquiries from other guests about the contractually booked rooms and the guest does not waive his right to withdraw upon inquiry by the hotel with a reasonable deadline.
5.2 Furthermore, the hotel is entitled to withdraw from the contract or to terminate the contract extraordinarily if there is an important reason. An important reason exists in particular if:
force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
rooms are booked under misleading or false information of essential facts, e.g. in the person of the guest or the purpose of his stay;
-the hotel has reasonable grounds to believe that the use of the hotel’s services would jeopardize the smooth operation of the business, the security or the reputation of the hotel.
in public, without this being attributable to the hotel’s sphere of control or organization;
the guest has filed an application for the opening of insolvency proceedings against his assets, has made an affidavit in accordance with Section 807 of the German Code of Civil Procedure (Zivilprozessordnung), has initiated out-of-court proceedings for the settlement of debts or has suspended his payments;
insolvency proceedings are opened against the Guest’s assets or the opening of such proceedings is rejected for lack of assets;
there is an unauthorized subletting or subletting according to clause 2.2;
an advance payment or security deposit agreed upon or required pursuant to Section 3.6, Section 3.7 and/or Section 3.8 has not been made.
5.3 The termination or withdrawal must be made in writing.
5.4 In the event of termination/withdrawal of the contract for good cause, in particular in the aforementioned cases, a claim by the guest for damages is excluded.
6. Ordering, handing over and returning of rooms
6.1 The rooms are provided exclusively for accommodation purposes.
6.2 The guest does not acquire any right to the provision of certain rooms.
6.3 Booked rooms are available to the guest from 3:00 p.m. on the agreed day of arrival. The guest has no right to earlier availability.
6.4 Booked rooms are to be claimed by 6:00 p.m. of the day of arrival at the latest. Unless a later arrival has been expressly agreed in writing, the rooms may be assigned to other guests by the hotel after 6:00 pm. Reference is made to clause 4.4.
6.5 On the agreed departure day, the rooms must be vacated and made available to the hotel no later than 12:00 noon. After this time, the hotel may charge 50% of the full accommodation price (list price) for the late vacating of the room for its use in excess of the contract until 6:00 p.m., and 100% from 6:00 p.m. onwards. Contractual claims of the guest are not justified by this. The guest is at liberty to prove that the hotel has not incurred any or a significantly lower claim to a usage fee. The assertion of a claim for damages by the hotel remains unaffected.
7. Liability of the Hotel, Statute of Limitations
7.1 The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, the hotel is liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel as well as for damages resulting from an intentional or negligent breach of duties typical for this type of contract. A breach of duty by the hotel is equivalent to a breach of duty by its legal representatives, employees or vicarious agents. Further claims for damages are excluded, unless otherwise provided for in these General Terms and Conditions.
7.2 In the event of disruptions or deficiencies in the hotel’s services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the guest. The guest is obligated to report any disruptions or defects.
7.3 The hotel shall be liable for items brought into the hotel in accordance with the statutory provisions (§§ 701 et seq. BGB). Accordingly, liability is limited to one hundred times the room rate for one day, but to a maximum amount of EUR 3,500.00, or for money and valuables to an amount of EUR 800.00.
7.4 In sofar as a parking space in the hotel garage or in a hotel parking lot is made available to the guest, even for a fee, this shall not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel’s property and/or their contents, the hotel shall be liable only in accordance with the foregoing clause.
The guest is obliged to report such damage immediately, obvious damage in any case before leaving the hotel garage/parking lot.
7.5 Wake-up calls will be carried out by the hotel with the utmost care. Messages, mail and merchandise shipments for guests will be handled with care. The hotel will take care of delivery, safekeeping and – upon request – forwarding of the same against payment. Claims for damages, except for intent and gross negligence, are excluded.
7.6 All claims against the hotel are generally subject to a limitation period of one year from the beginning of the statutory limitation period. This does not apply to liability for damages resulting from injury to life, limb or health, or for other damages resulting from an intentional or grossly negligent breach of duty by the hotel, a legal representative or vicarious agent of the hotel.
8. Special payment and cancellation conditions
For group bookings of more than ten rooms or contingent contracts, special payment and cancellation conditions apply. These are shown in the booking process as well as on the booking confirmation or result from the corresponding contracts.
9. Final provisions
9.1 Changes or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in text form. Unilateral changes or additions by the guest are invalid.
9.2 The place of performance and payment is the registered office of the respective hotel.
9.3 The place of jurisdiction for all disputes arising between the parties from the contractual relationship, insofar as the guest is a merchant, a legal entity under public law or a special fund under public law, shall be the registered office of the respective hotel or, at the hotel’s discretion, Berlin. In all other cases, Berlin shall be the place of jurisdiction, provided that the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) are met and the guest has no general place of jurisdiction in Germany.
9.4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
9.5 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. The same shall apply in the event of an unintended loophole. In all other respects, the statutory provisions shall apply.