General Terms and Conditions
1.1 These General Terms and Conditions apply to contracts concerning the rental use of hotel rooms for accommodation purposes and to all additional goods and services provided by the hotel to the customer (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
1.2 Subletting or re-letting of the rooms and their use for purposes other than accommodation require the prior consent of the hotel in writing, where Art. 540 Par. 1 Sentence 2 BGB [German Civil Code] shall be waived if the customer is not a consumer within the meaning of Art. 13 BGB.
1.3 The customer’s General Terms and Conditions shall apply only if this was expressly agreed in writing beforehand.
2 Conclusion of contract, contractual parties, limitation
2.1 The hotel and the customer are the contractual parties. The contract comes into being through the acceptance of the customer’s booking request by the hotel. The hotel is at liberty to confirm the room booking in writing.
2.2 All claims issued against the hotel shall lapse in one year from the commencement of the statutory limitation period. This does not apply to claims for damages and to other claims if the latter are based on any intentional or grossly negligent breach of duty on the part of the hotel.
3 Services, prices, payment and offsetting
3.1 The hotel is obligated to hold the rooms ready that were booked by the customer and to provide the agreed services.
3.2 The customer is obligated to pay the agreed or applicable hotel rates for the accommodation and all additional services that were provided to the customer. This also applies to services that were commissioned by the customer directly or that were commissioned via the hotel, that are provided by third parties and are paid for in advance by the hotel.
3.3 The agreed prices are stated including the taxes and local charges that are applicable at the time when the contract was concluded. Not included are local charges that are to be paid by the guest in accordance with relevant local laws, such as visitor’s tax. In the event of any changes to the statutory value-added tax or the introduction, amendment or abolishment of local charges to the subject matter of the contract after the contract was concluded, the prices shall be amended accordingly. In the case of contracts with consumers, this shall apply only if the period between the conclusion of the contract and the fulfilment of the contract exceeds four months.
3.4 If the customer subsequently requests a reduction in the number of rooms that were booked, the hotel’s service or the customer’s length of stay, the hotel may make its agreement dependent on the fact that the price of the rooms and/or of other hotel services has increased correspondingly.
3.5 Hotel invoices are due for payment immediately upon receipt without deduction. If payment on account is agreed, the payment – unless agreed otherwise – shall be made within ten days from receipt of invoice without deduction.
3.6 The hotel is entitled to request an appropriate advance payment or security from the customer when the contract is concluded, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in the contract in writing. In the case of advance payments or securities for package holidays, this does not affect statutory provisions. If the customer defaults on payment, the statutory provisions shall apply.
3.7 In justified cases, such as the customer’s outstanding payment or extensions of the scope of contract, even after the contract was concluded up to the start of the customer’s stay, the hotel is entitled to request an advance payment or security within the meaning of point 3.6, or to increase the advance payment or security that was agreed in the contract up to the agreed full payment.
3.8 Furthermore, the hotel is entitled to request at the start of and during the customer’s stay an appropriate advance payment or security within the meaning of the previous point 3.6 for existing and future receivables from the contract, unless this was already paid in accordance with the previous points 3.6 and/or 3.7.
3.9. The customer may only offset or settle a claim by the hotel in the event of an indisputable or legally binding claim.
3.10 The customer agrees that invoices may be transmitted to them electronically.
4 Customer withdrawal (cancellation)/non-use of the hotel’s services (no show)
4.1 The customer may withdraw from the contract concluded with the hotel only if a right of withdrawal was 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 If a date was agreed between the hotel and the customer for withdrawing from the contract free of charge, the customer may withdraw from the contract up to that date without incurring any claims for damages or payment by the hotel.
4.3 If a right of withdrawal is not agreed or has already expired, no statutory right of withdrawal or right of termination exists, and if the hotel does not agree to a cancellation of the contract, the hotel shall retain its right to the agreed payment despite non-use of the service. The hotel shall offset the income from otherwise letting the rooms and the saved expenses. If the rooms are not otherwise let, the hotel may make a flat-rate deduction for saved expenses. In this case, the customer is entitled to pay 90% of the contractually agreed price for the overnight stay with or without breakfast, and for fixed price arrangements with third-party services to pay 70% for half-board and 60% for full-board arrangements. The customer is at liberty to provide proof
that the above-mentioned claim did not arise or that it did not arise to the extent claimed.
5 Cancellation by the hotel
5.1 Insofar as a right of withdrawal from the contract on the part of the customer free of charge and within an agreed time period was agreed, the hotel is equally within its rights to withdraw from the contract during this period if other customers request to use the contractually reserved rooms and the customer does not relinquish their right of withdrawal from the contract at the hotel’s request after a reasonable period was set. The above shall apply accordingly when granting an option if other requests are received and the customer is not prepared to make a fixed booking at the hotel’s request after a reasonable period was set.
5.2 If an advance payment or security that was agreed or requested under point 3.6 and/or 3.7 is not made even after the extension of an appropriate grace period set by the hotel, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract on exceptional grounds for objectively justified reasons, especially if -Force majeure or other circumstances beyond the hotel’s control make the fulfilment of the contract impossible; – Rooms were booked with misleading or incorrect information or by withholding essential information; here, essential can refer to the identity of the customer, their financial solvency or the purpose of the stay; the hotel has a justified reason to assume that the use of the service may jeopardise the smooth operation of the business, the security or appearance of the hotel in the public eye without this being attributed to the hotel’s power of control or organisational remit; – The purpose or occasion of the stay is unlawful; – Point 1.2 named above is violated.
5.4 The justified withdrawal by the hotel does not entitle the customer to claim for damages.
6 Provision of room, possession and return of the room
6.1 The customer acquires no right to the provision of certain rooms unless this was expressly agreed in writing.
6.2 Booked rooms shall be available to the customer from 2.00 p.m. on the agreed day of arrival. The customer has no right to earlier availability of the room.
6.3 On the agreed date of departure, the rooms are to be vacated and made available to the hotel by no later than 10.00 a.m. After this, due to the delayed evacuation of the room, the hotel can invoice 50% of the full rate (price according to the price list) for later than contractually agreed use up to 3.00 p.m., or 90% after 3.00 p.m. This shall not constitute any contractual claims on the part of the customer. The customer is at liberty to demonstrate that the hotel has no claim for charges for the use of the room, or a much lower claim.
7 Liability of the hotel
7.1. The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages that are based on intentional or grossly negligent breach of the hotel’s duties, or intentional or slightly negligent breach of the hotel’s duties that are typical of the contract. Typical contractual duties are those that allow the proper performance of the contract in the first place and on whose fulfilment the customer relies and may rely. Any violation of duties by the hotel is equivalent to that of a legal representative or vicarious agent. All other claims for damages are excluded unless regulated otherwise in this point 7. The hotel will endeavour to remedy any disruptions to or faults in the services it provides as soon as it becomes aware of them. The customer is obligated to contribute to a reasonable degree towards correcting the disruption and to keeping possible damage at a minimum.
7.2 The hotel is liable to the customer for property brought in to the hotel in accordance with the statutory provisions. If the customer wishes to bring in to the hotel cash, securities and valuable items to a value of over €800 or other items with a value of over €3,500, this requires a separate safekeeping agreement with the hotel.
7.3 A contract of safe custody shall not materialise to the extent that a parking space has been made available to the customer in the hotel garage or in the hotel car park, even for a fee. In the event of loss or damage to vehicles parked or moved on the hotel’s property and their contents, the hotel shall be liable only subject to the above point 7.1, sentences 1 to 4.
8 Final provisions
8.1 Changes and amendments to the contract, the application acceptance or these General Terms and Conditions shall be made in writing. Unilateral additions or changes are invalid.
8.2 For the purpose of commercial transactions, the place of fulfilment and payment and the exclusive place of jurisdiction – including for disputes with respect to cheques and bills of exchange – is the hotel’s registered place of business (Weinstraße 13, 97922 Lauda-Königshofen).
8.3 German law shall apply. The application of the United Nations Convention Sales Convention shall be excluded.
8.4 In accordance with the applicable legal obligations, the hotel points out that the European Union has set up an online platform for out-of-court settlement of consumer disputes (“OS Platform”): http://ec.europa.eu/consumers/odr/. However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards. Or optionally insert: The hotel undertakes to participate. Another reference to the OS Platform, see Art. 14 Par. 2 ODR Regulation