GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
(STATE: APRIL 2012)
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
1.2 The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived if the customer is not a consumer.
1.3 General terms and conditions of the customer only apply if this has been expressly agreed beforehand.
2 CONCLUSION OF CONTRACT, PARTNERS, STATUTE OF LIMITATIONS
2.1 The contractual partners are the hotel and the customer. The contract is formed when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in text form.
2.2 All claims against the hotel expire one year after the start of the statutory limitation period. Claims for damages become statute-barred after five years, depending on knowledge, insofar as they are not based on injury to life, limb, health or freedom. These claims for damages become statute-barred in ten years, regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
3 SERVICES, PRICES, PAYMENT, OFFSET
3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the hotel’s agreed or applicable prices for rooms provided and for other services used. This also applies to services commissioned by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel.
3.3 The agreed prices include the taxes and local duties applicable at the time the contract is concluded. Not included are local taxes, which are owed by the guest himself according to the respective municipal law, such as visitor’s tax. In the event of a change in the statutory sales tax or the introduction, change or abolition of local taxes on the service object after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
3.4 The hotel can make its consent to a subsequent reduction in the number of booked rooms, the hotel’s services or the length of the customer’s stay dependent on the price for the rooms and/or other hotel services increasing.
3.5 Hotel invoices without a due date are payable without deduction within ten days of receipt of the invoice. The hotel can demand the immediate payment of due claims from the customer at any time. In the event of default in payment, the hotel is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove higher damage.
3.6 The hotel is entitled to demand a reasonable advance payment or security, for example in the form of a credit card guarantee, from the customer 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.
3.7 In justified cases, e.g. the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled to demand an advance payment or security deposit within the meaning of Section 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full to demand the agreed remuneration.
3.8 The hotel is also entitled to demand a reasonable advance payment or security deposit within the meaning of Section 3.6 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such has not already been provided in accordance with Section 3.6 and/or Section 3.7 above was done.
3.9 The customer can only offset or set off against a claim of the hotel with an undisputed or legally binding claim.
4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION)/ FAILURE TO USE HOTEL SERVICES (NO SHOW)
4.1 The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a contract cancellation should be made in text form.
4.2 If an appointment for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract up to that point without triggering any payment or damage claims on the part of the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel must take into account the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented out elsewhere, the hotel can make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast and for package deals with third-party services, 70% for half-board and 60% for full-board packages. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
5 WITHDRAWAL OF THE HOTEL
5.1 If it has been agreed 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, upon inquiry by the hotel, with reasonable setting a deadline does not waive his right to withdraw.
5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and/or Section 3.7 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.
5.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, in particular if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
rooms or rooms are culpably booked with misleading or false information or with the concealment of essential facts; The identity of the customer, the ability to pay or the purpose of the stay can be essential.
the hotel has reasonable grounds to assume that the use of the service may jeopardize the smooth running of business, the security or the reputation of the hotel in public, without this being attributable to the hotel’s area of control or organization;
the purpose or reason for the stay is unlawful;
there is a violation of the above-mentioned number 1.2.
5.4 The hotel’s justified withdrawal does not justify any claims by the customer for damages.
6 ROOM AVAILABILITY, DELIVERY AND RETURN
6.1 The customer does not acquire the right to be provided specific rooms unless this has been expressly agreed.
6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. 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 12:00 p.m. at the latest. After that, the hotel can charge 50% of the full accommodation price (list price) for use beyond the contract due to the delayed vacating of the room up to 6:00 p.m. and 90% from 6:00 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim for usage fees.
7 HOTEL LIABILITY
7.1 The hotel is liable for damage to life, limb or health for which it is responsible. Furthermore, it is 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 contractual obligations by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this clause 7. Should disruptions or defects occur in the hotel’s services, 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 minimize possible damage.
7.2 The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends using the hotel or room safe. If the guest wishes to bring money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate safekeeping agreement with the hotel.
7.3 If the customer is provided with a parking space in the hotel garage or in the hotel car park, even for a fee, this does not result in a custody agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only 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, post and consignments for the guests are treated with care. The hotel takes care of the delivery, storage and – on request – the forwarding of the same for a fee. The hotel is only liable in accordance with the above clause 7.1, sentences 1 to 4.
8 FINAL PROVISIONS
8.1 Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the customer are invalid.
8.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is the address of our Hotel Spreewaldhof Romantik in commercial transactions. If a contractual partner meets the requirements of § 38 paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is Neu Zauche (Lübben).
8.3 German law applies. The application of the UN sales law and the conflict of laws is excluded.
8.4 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.
In addition, the statutory provisions apply.