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AGB

Our general terms and conditions for the hotel accommodation contract

  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.
  2. The subletting or further rental of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel.
  3. The customer's terms and conditions only apply if this has been agreed in writing beforehand.

Conclusion of contract, contract partner, contract liability; limitation period

  1. The contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the room booking in writing.
  2. The contract partners are the hotel and the customer. If a third party has made a booking for the customer, they are jointly and severally liable to the hotel for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
  3. The hotel is liable for its obligations arising from the contract. In areas not typical for services, liability is limited to intent and gross negligence on the part of the hotel.
  4. The limitation period for all customer claims is 6 months.
  5. This limitation of liability and short limitation period also apply to the hotel in the event of a breach of obligations when initiating the contract and a positive breach of contract.

Services, prices, payment, offsetting

  1. The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
  2. The customer is obliged to pay the hotel's applicable or agreed prices for the provision of the room and the other services used by the customer. This also applies to services and expenses incurred by the hotel for third parties at the customer's request.
  3. The agreed prices include the respective statutory VAT. If the period between conclusion of the contract and fulfillment of the contract exceeds 4 months and the price generally charged by the hotel for such services increases, the hotel can increase the contractually agreed price appropriately, but by no more than 10%.
  4. The prices can also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the length of stay of the guests and the hotel agrees to this.
  5. Hotel invoices without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel is entitled to make accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge interest at a rate of 5% above the respective base interest rate according to Section 1 of the Discount Rate Transfer Act or the corresponding successor interest rate of the European Central Bank. The customer reserves the right to prove that the damage was lower and the hotel reserves the right to prove that the damage was higher.
  6. The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
  7. The customer can only offset or reduce a claim against the hotel with an undisputed or legally binding claim.

Withdrawal by the customer (cancellation)

  1. Withdrawal by the customer from the contract concluded with the hotel requires the written consent of the hotel. If this is not given, the agreed price from the contract must be paid even if the customer does not use the contractual services.
    This does not apply in cases of delay in performance by the hotel or an impossibility of providing the service for which it is responsible.
  2. If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract up to that date without triggering any payment or compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date, unless the hotel is in default of performance or is unable to provide the service for reasons attributable to the hotel.
  3. If the customer does not use rooms, the hotel must take into account the income from renting the rooms to other parties and the expenses saved.
  4. The hotel is free to set a flat rate for the damage it incurs and which the customer must compensate. The customer is then obliged to pay 80% of the contractually agreed price for overnight accommodation with or without breakfast, 70% for half-board and 60% for full-board arrangements.
    The customer is free to prove that no damage was caused or that the damage incurred by the hotel is lower than the flat rate demanded.

Withdrawal by the hotel

  1. If a right of withdrawal for the customer within a certain period of time was agreed in writing, the hotel is entitled to withdraw from the contract during this period if other customers request the contractually booked rooms and the customer does not waive his right of withdrawal when asked by the hotel.
  2. If an agreed advance payment is not made even after the expiry of a reasonable grace period set by the hotel with a threat of rejection, the hotel is also entitled to withdraw from the contract.
  3. The hotel is also entitled to withdraw from the contract for good cause for objectively justified reasons, for example if:
    • force majeure or other circumstances beyond the hotel's control make the fulfillment of the contract impossible;
    • rooms are booked with misleading or false information about essential facts, e.g. the identity of the customer or the purpose;
    • the hotel has reasonable grounds to believe that the use of the hotel service could endanger the smooth running of the business, the security or the reputation of the hotel in the public eye, without this being attributable to the hotel's sphere of control or organization.
    • there is a violation of the scope of application paragraph 2 above.
  4. The hotel must inform the customer immediately of the exercise of the right of withdrawal.
  5. If the hotel withdraws for good reason, the customer is not entitled to compensation.

Room provision, handover and return

  1. The customer acquires no right to the provision of specific rooms.
  2. Booked rooms are available to the customer from 2 p.m. on the agreed day of arrival. The customer has no binding right to earlier provision.
  3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11 a.m. at the latest. After that, the hotel can charge 50% of the full accommodation price (list price) for the additional use of the room up to 4 p.m., and 100% from 6 p.m., in addition to the damage incurred.
    The customer is free to prove to the hotel that no damage or significantly less damage was incurred.

Liability of the hotel

  1. The hotel is liable for the care of a prudent businessman. This liability is not in the area of ​​typical services, but is limited to deficiencies in performance, damage, consequential damage or disruptions that are due to intent or gross negligence on the part of the hotel. If disruptions or defects in the hotel's services occur, the hotel will endeavour to remedy the situation upon knowledge of them or upon immediate complaint by the customer. The customer is obliged to do what is reasonable to remedy the disruption and to keep any possible damage to a minimum.
  2. If the customer is provided with a parking space in the hotel garage or on a hotel parking lot, even for a fee, this does not constitute a storage contract. The hotel is not liable for the loss or damage of motor vehicles parked or maneuvered on the hotel's property and their contents, except in the case of intent or gross negligence. This also applies to the hotel's vicarious agents.
  3. Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
  4. Messages, mail and goods for guests are handled with care. The hotel is responsible for delivery, storage and - if requested - forwarding of the same for a fee. Claims for damages, except for gross negligence or intent, are excluded.
  5. Smoking is prohibited in rooms that are designated as non-smoking rooms. The guest of the respective room is responsible for ensuring that this ban is also observed by third parties. If the guest violates this, the hotel is entitled to charge the guest a special cleaning fee of €50.00. The same applies if third parties smoke in the room with the knowledge or negligent ignorance of the guest. The guest is permitted to provide evidence that no damage or less damage has occurred.

Final provisions

  1. Changes or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation must be made in writing. Unilateral changes or additions by the customer are invalid.
  2. The place of performance and payment is the registered office of the hotel.
  3. The exclusive place of jurisdiction - also for check and bill disputes - in commercial transactions is the registered office of the hotel. If a contractual partner meets the requirements of Section 38 Paragraph 1 of the Code of Civil Procedure and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.
  4. German law applies.
  5. If individual provisions of these general terms and conditions for hotel accommodation are or become invalid or void, this does not affect the validity of the remaining provisions. Otherwise, the statutory provisions apply.

Consumer arbitration board

You can contact the responsible consumer arbitration board as follows: General consumer arbitration board of the Center for Arbitration e.V., Straßburger Str. 8, 77694 Kehl, http://www.verbraucher-schlichter.de/.

The company does not participate in dispute resolution proceedings before consumer arbitration boards.

 

As of: March 2024