GENERAL TERMS AND CONDITIONS
I. SCOPE OF APPLICATION
1. These terms and conditions apply to hotel accommodation contracts as well as all other services and deliveries provided by the hotel for the guest.
2. Deviating provisions, even if they are contained in the general terms and conditions of the guest or the customer, do not apply unless they are expressly recognized by the hotel in writing.
II. CONCLUSION OF CONTRACT, PARTNERS
1. The contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the room booking in text form.
2. The contractual partners are the hotel and the customer. If a third party has ordered for the customer, he and the customer are jointly and severally liable to the hotel for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration from the third party. The subletting and re-letting of the leased rooms as well as their use for purposes other than accommodation require the prior consent of the hotel in writing.
III. SERVICES, PRICES, PAYMENTS, SET-OFF
1. The hotel is obliged to keep the rooms reserved by the customer available and to provide the agreed services.
2. The customer is obliged to pay the hotel's agreed or applicable prices for rooms provided and for other services used by him. This also applies to services and expenses of the hotel to third parties initiated by the customer. The agreed prices include the respective statutory sales tax. If the period between the conclusion of the contract and the arrival of the guest exceeds four months and the statutory sales tax or any applicable local taxes and duties increase after the conclusion of the contract, or if local taxes and duties are newly introduced, the hotel reserves the right to change the agreed prices by the amount by which the applicable sales tax or local taxes and duties have increased or by the amount of the newly introduced local taxes and duties.
3. The hotel can make its consent to a subsequent reduction in the number of reserved rooms, the hotel's services or the customer's length of stay, as requested by the customer, dependent on the price of the room and / or other hotel services increasing >
4. Hotel invoices are due for payment immediately upon receipt without any deduction. The hotel can demand immediate payment of due claims from the guest at any time. The guest is in default at the latest if he does not make payment within 30 days of the due date and receipt of an invoice; this only applies to a guest who is a consumer if these consequences have been specifically pointed out in the invoice. The hotel can charge a reminder fee of € 5.00 for each reminder after the occurrence of default.
5. The hotel is entitled to demand an appropriate advance payment or security deposit from the customer in the form of a credit card guarantee, a deposit or the like upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. The statutory provisions remain unaffected in the case of advance payments or security deposits for package tours.
6. In justified cases, e.g. payment arrears by the customer or expansion of the scope of the contract, the hotel is entitled to make an advance payment or security deposit within the meaning of number 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after the conclusion of the contract up to the beginning of the stay to demand.
7. The hotel is also entitled to demand an appropriate advance payment or security deposit within the meaning of number 5 above for existing and future claims from the contract from the customer at the beginning and during the stay, insofar as such has not already been made in accordance with numbers 5 and / or 6 above .
8. The customer can only offset or offset against an undisputed or legally binding claim against a claim by the hotel.
IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, ANNULMENT) / FAILURE TO USE THE HOTEL'S SERVICES (NOSHOW)
1. The hotel grants the guest the right to withdraw at any time. The following provisions apply:
a) In the event of the guest withdrawing from the booking, the hotel is entitled to appropriate compensation.
b) The hotel has the option of paying the guest compensation in the form of a To claim a lump sum compensation. The compensation flat rate is 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 is free to prove that the hotel has not suffered any damage or that the damage incurred by the hotel is lower than the required flat rate compensation.
c) If the hotel specifically calculates the compensation, the amount of the compensation shall not exceed the amount contractually agreed Price for the service to be provided by the hotel less the value of the expenses saved by the hotel as well as what the hotel acquires through other uses of the hotel services.
2. The above regulations on compensation apply accordingly if the guest does not use the booked room or the booked services without notifying the hotel in good time.
3. If the hotel has given the guest an option in the contract to withdraw from the contract within a certain period of time without any further legal consequences, the hotel is not entitled to any compensation. The receipt by the hotel is decisive for the timeliness of the declaration of withdrawal. The guest must declare their withdrawal in writing.
V. WITHDRAWAL BY THE HOTEL
1. If it has been agreed in writing that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer is on request from the hotel Right of withdrawal not waived.
2. If an agreed advance payment or a security deposit requested in accordance with Section III Numbers 5 and / or 6 above is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justified reason, for example if
- force majeure or other circumstances for which the hotel is not responsible make the fulfillment of the contract impossible;
- rooms or rooms culpably under misleading or incorrect Details of contractual facts, e.g. about the person of the customer or the purpose of his stay, are booked;
- the hotel has justified reason to believe that the use of the hotel service jeopardizes the smooth business operations, the security or the reputation of the hotel in public can without this to the domination or. Organizational area of the hotel is attributable;
- the purpose or the cause of the stay is illegal;
- there is a violation of the above-mentioned item I number 2.
4. If the hotel is justified in withdrawing from the contract, the customer has no right to compensation.
VI. ROOM AVAILABILITY, DELIVERY AND RETURN
1. The customer does not acquire the right to the provision of certain rooms, unless this has been expressly agreed in writing.
2. Booked rooms are available to the customer from 2 p.m. on the agreed arrival date. The customer is not entitled to earlier availability.
3. On the agreed departure date, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest. Thereafter, the hotel can charge the daily room rate for the additional use of the room up to 6 p.m. in addition to the damage it incurs, from 6 p.m. 100% of the full applicable room price. The guest is free to prove to the hotel that the hotel incurred no or significantly less damage.
VII. LIABILITY OF THE HOTEL / LIMITATION OF LIMITATIONS
1. The hotel is liable for its obligations under the contract. Customer claims for compensation are excluded. Excluded from this are damage resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damage that is based on an intentional or grossly negligent breach of duty by the hotel and damage that is based on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or deficiencies in the hotel's services occur, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
2. The hotel is liable to the customer for items brought in according to the statutory provisions. According to this, liability is limited to one hundred times the room rate, but not more than € 3,500.00 and, in deviation for money, securities and valuables, up to a maximum of € 800.00. Money, securities and valuables up to a maximum value of € 500.00 can be stored in the hotel or room safe. The hotel recommends making use of this option.
3. Insofar as the guest is provided with a parking space in the hotel garage or on a hotel car park, even for a fee, this does not constitute a safekeeping agreement. There is no monitoring obligation of the hotel. The hotel is not liable in the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, unless the hotel, its legal representatives or its vicarious agents are responsible for intent or gross negligence. In this case, the damage must be reported to the hotel at the latest when leaving the hotel property.
4. Wake-up calls are carried out by the hotel with great care. Claims for damages, except for gross negligence or intent, are excluded.
5. Messages, mail and merchandise deliveries for guests are handled with care. The hotel will deliver, store and - on request - forward the same for a fee and, on request, also for lost and found items. Claims for damages, except for gross negligence or intent, are excluded. The hotel is entitled, after a storage period of one month at the latest, to hand over the aforementioned items to the local lost property office, charging a reasonable fee.
6. Claims for damages by the guest expire at the latest after two years from the time at which the guest becomes aware of the damage, or regardless of this knowledge, at the latest after three years from the time of the damaging event. This does not apply to liability for damage to life, limb or health or to other damage based on an intentional and grossly negligent breach of duty by the hotel, a legal representative or vicarious agent of the hotel.
VIII. FINAL PROVISIONS
1. Changes or additions to the contract, the acceptance of applications or these general terms and conditions for hotel accommodation should be made in text form. Unilateral changes or additions by the guest are ineffective.
2. The place of fulfillment and payment is the seat of the hotel.
3. If the contractual partner of the hotel is a businessman or a legal entity under public law, the place of jurisdiction is the hotel's registered office.
4. The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.
5. Should individual provisions of these general terms and conditions for hotel accommodation be or become ineffective or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions apply.
Status: February 2021