GENERAL TERMS AND CONDITIONS FOR OVERNIGHT STAYS
(as of 09/2016)
I. SCOPE OF APPLICABILITY
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 to the customer/guest by the hotel (hereinafter referred to as the "hotel").
The subletting or reletting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the Hotel, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer. For travel agencies/agencies (rebrokering), it therefore applies that both the sale must be agreed with the hotel in advance and, in the case of rebrokering confirmed in writing, the hotel must be informed immediately of the respective guests with their full name, address and contact person.
Terms and conditions of the customer shall only apply if this has been expressly agreed in writing in advance.
II. CONTRACT CONCLUSION, PARTNERS; TERMINATION
The contract is concluded by the hotel's acceptance of the customer's application. The hotel is free to confirm the room booking in writing.
The contracting parties are the hotel and the customer/guest. If a third party has ordered on behalf of the customer/guest, he shall be liable to the hotel together with the customer/guest as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
All claims against the hotel shall in principle become time-barred one year after the beginning of the statutory limitation period. Claims for damages shall become statute-barred after five years, irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. SERVICES, PRICES, PAYMENT, INVOICE
The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
The customer is obligated 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 and expenses of the hotel to third parties arranged by the customer. The agreed prices include the respective statutory value added tax. Subsequent statutory tax changes shall be adjusted to the agreed price.
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 an increase in the price for the rooms and/or for the hotel's other services. In any case, all contractual changes must be fixed in writing. Verbal agreements are not valid.
Invoices of the hotel without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default in payment, the hotel shall be entitled to charge interest at a rate of 9% or, in the case of legal transactions involving a consumer, 5% above the base rate.
The hotel reserves the right to prove higher damages.
The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in writing in the contract. The statutory provisions shall remain unaffected in the case of advance payments or security deposits for package tours.
In justified cases, e.g. if the customer is in arrears with payment, the hotel shall be entitled, even after conclusion of the contract until the start of the customer's stay, to demand an advance payment or provision of security within the meaning of III No. 5 above or an increase in the advance payment or provision of security agreed in the contract up to the full agreed remuneration.
Furthermore, the hotel is entitled to demand from the customer at the beginning of and during the customer's stay an appropriate advance payment or security deposit within the meaning of III No. 6 above for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with III 5 or 6 above.
The customer may only set off, reduce or exercise a right of retention against a claim of the hotel with an undisputed or legally binding claim.
IV. WITHDRAWAL BY THE CLIENT (I. E. CANCELLATION) / NON-ACCEPTANCE OF THE HOTEL'S SERVICES (NO SHOW)
Withdrawal by the client from the contract concluded with the hotel requires the hotel's written consent. If this is not given, the agreed price under the contract shall be payable even if the customer does not make use of contractual services. In this case, the corresponding invoice shall be issued showing value added tax. If written consent to the customer's withdrawal is given by the hotel on condition that the customer must pay compensation for the rooms not used, the corresponding invoice shall be issued without showing sales tax. This shall apply subject to any change in the administrative instructions of the tax authorities. In the event of non-utilisation of the hotel's services, 90% of the agreed accommodation rate shall be credited for all bookings of up to 10 rooms. The provisions of the preceding paragraph shall not apply in the event of a breach of the hotel's obligation to show consideration for the rights, legal assets and interests of the customer if the customer can no longer reasonably be expected to adhere to the contract as a result or is entitled to any other statutory or contractual right of withdrawal.
If a date for withdrawal from the contract has been agreed in writing 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. The customer's right of withdrawal shall lapse if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless a case of withdrawal pursuant to clause IV. item 1 sentence 7 applies.
The following scale is specified for cancellation by the customer:
This regulation applies to reservations of 10 rooms or more; bookings of up to 9 rooms can be cancelled free of charge up to 3 days before arrival. Bookings with fewer rooms are considered individual bookings.
a. Bookings up to 20 rooms: up to 40 days before arrival free of charge, from 39 - 15 days 50% of the room rate, from 14 - 3 days 80% of the room rate, thereafter 100%.
b. Bookings of 21 rooms or more: up to 60 days before arrival free of charge, from 59 - 25 days 50% of the room rate, from 24 - 3 days 80% of the room rate, thereafter 100%.
The time of arrival is the day of arrival, 6 p.m. local time of the hotel. Cancellation fees shall be calculated less the agreed breakfast portion in each case.
In the case of rooms not used by the customer, the hotel shall credit the expenses saved. The hotel may demand the contractually agreed remuneration and make a flat-rate deduction for expenses saved by the hotel. In this case, the customer shall be obliged to pay the fees specified in Clause IV, Items 1 and 3. The customer is at liberty to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.
V.WITHDRAWALBY THE HOTEL
If it has been agreed in writing that the client 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 clients for the contractually booked rooms and the client does not waive his right to withdraw upon enquiry by the hotel.
If an advance payment or security deposit agreed or required above in accordance with Clause III numbers 6 and/or 7 is not made, the hotel shall also be entitled to withdraw from the contract.
Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
- rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose of his stay;
- the hotel has reasonable grounds to believe that the use of the hotel service may jeopardise 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 organisation.
- there is a violation of I. Clause 2 is present.
In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.
VI. RENTAL, DELIVERY AND RETURN OF ROOMS
The customer does not acquire any claim to the provision of specific rooms.
Booked rooms are available to the customer from 3.00 p.m. on the agreed day of arrival. The customer has no claim to earlier provision.
On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12.00 noon at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for late vacating of the room for use in excess of the contract until 6.00 p.m., and 100% 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.
VII. LIABILITY OF THE HOTEL
The hotel is liable for its obligations under the contract with the due care of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages arising from injury to life, body or health if the hotel is responsible for the breach of duty, and other damages based on an intentional or grossly negligent breach of duty by the hotel. A breach of duty by the hotel shall be deemed equivalent to a breach of duty by a legal representative or vicarious agent. 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.
Exhibits or other items, including personal items, carried along are at the risk of the customer in the event rooms or in the hotel. The hotel accepts no liability for loss, destruction or damage, including financial loss, except in cases of gross negligence or intent on the part of the hotel. This does not apply to damage resulting from injury to life, limb or health.
The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of € 3,500, and for money, securities and valuables up to € 800. Money, securities and valuables can be stored in the hotel or room safe up to a maximum value of € 7,500. The hotel recommends making use of this possibility.
Insofar as a parking space is made available to the customer in the hotel garage or in a hotel car park, even for a fee, this shall not constitute a safekeeping contract. The hotel shall not be liable for the loss of or damage to motor vehicles parked or manoeuvred on the hotel's property and their contents, except in cases of intent or gross negligence. This also applies to vicarious agents of the hotel. Clause 1, sentences 2 to 4 above shall apply accordingly.
The use of the communal facilities (sauna, swimming pool, fitness room and other leisure facilities) and the garden is at the guest's own risk. Especially in this context, parents are liable for their children.
Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for the guests are handled with care. The hotel shall undertake the delivery, safekeeping and - on request - forwarding of the same against payment. Clause 1, sentences 2 to 4 above shall apply accordingly.
The hotel accepts no liability for services offered by third party service providers (e.g. package services such as harbour tours, museum admissions, etc.) during the stay at the hotel.
VIII. COPYRIGHTS, NAME RIGHTS
Names, images, information, prices, protected brands and trademarks, the company or logos of the hotel or a third party may only be used by a contractual partner if the partner has the written consent of the hotel or rights holder.
IX. RESPONSIBILITY AND RELEASE FROM CLAIMS OF WLAN OR WIFI USE
The guest is responsible for the data transmitted via a WLAN connection, the chargeable services used via it and legal transactions concluded. If the guest visits chargeable Internet sites or enters into liabilities, the resulting costs shall be borne by him.
He is obliged to comply with the applicable law when using the WLAN network. He shall in particular:
- not use the WLAN network to retrieve or distribute immoral or illegal content;
- not unlawfully reproduce, distribute or make available any copyrighted goods;
- observe the applicable youth protection regulations;
- not send or distribute any harassing, defamatory or threatening content;
- not to use the WLAN network to send mass messages (spam) and/or other forms of inadmissible advertising;
note that it is expressly prohibited to visit file-sharing websites, in particular to start music and/or film downloads via the hotel network/Internet access.
The guest shall indemnify the hotel against all damages and claims of third parties which are based on an unlawful use of the WLAN network by the guest and/or on a breach of this agreement; this shall also extend to costs and expenses associated with the claim or its defence. If the guest recognises or must recognise that such an infringement of rights and/or such a violation exists or is imminent, the guest shall inform the hotel of this circumstance.
Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation shall be made in writing. Unilateral amendments or supplements by the customer are invalid.
Place of performance and payment is the registered office of the respective hotel.
The exclusive place of jurisdiction - also for cheque and bill of exchange disputes - in commercial transactions is Augsburg. If a contracting party fulfils the prerequisite of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
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.