General Terms and Conditions
1. Area of Application
1.1 These Terms and Conditions govern contracts for the rental of hotel rooms for accommodation and all services provided in this context for the customer other services provided by the hotel.
1.2 The subletting or letting of rooms and their use for purposes other than accommodation require the prior consent of the hotel in writing, § 540 paragraph 1 sentence 2 BGB is waived if the customer is not a consumer.
1.3 Terms of the customer shall only apply if this has been explicitly agreed.
2 CONTRACT, PARTIES, STATUTE OF LIMITATIONS
2.1 Contractual partners are the hotel and the customer. The contract is concluded by the acceptance of the request of the customer by the hotel. The hotel is at liberty to confirm the room reservation in writing.
2.2 All claims against the hotel shall lapse one year from the statutory limitation period. This does not apply to claims for damages and other claims, whichever based on an intentional or grossly negligent breach of obligation.
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obligated to keep the booked rooms and to provide the agreed services.
3.2 The customer is obligated to pay the agreed or applicable for rooms provided and used by him in other services of the hotel prices. This also applies to the customer directly or through the hotel mandated services that are provided by third parties and incurred by the hotel.
3.3 The agreed prices include applicable at the time the contract taxes and local charges. It does not include local taxes, which are payable by the guest after the relevant municipal law, such as tax. When changing the legal sales tax or the introduction, modification or abolition of local taxes on the subject of performance after the contract prices will be adjusted accordingly.
3.4 The hotel can make its agreement to the customer’s later reduction in the number of reserved rooms, the hotel’s services or the duration of the customer dependent on the price of the room and / or increases for the other services of the hotel.
3.5 Hotel bills without a due date are within fourteen days from receipt of the invoice without deduction. The hotel may demand immediate payment of overdue receivables at any time by the customer. In default of payment the legal regulations apply. The hotel reserves the right to prove higher damages.
3.6 The hotel is entitled to demand when the contract by the customer a reasonable advance payment or security, for example in the form of a credit card guarantee. The amount of the advance payment and payment dates may be agreed in the contract in writing.
With advance payments or security deposits for package tours, the statutory provisions shall remain unaffected. In default of payment the legal regulations apply. 3.7 In justified cases, for example, payment arrears of customers or expand the scope of the contract, the hotel is entitled, even after the contract until the beginning of the stay in advance or security deposit within the meaning of the above paragraph 3.6 or an increase of in the contract advance payment or security to the full agreed compensation demand. 3.8 The hotel shall be entitled, at the beginning and during the customer’s stay a reasonable advance payment or security deposit within the meaning of the above paragraph 3.6 to demand for existing and future claims arising from the contract, insofar as such has not been according to the above paragraph 3.6 and / or point 3.7 been done. 3.9 The customer may only offset undisputed or legally binding claim against a claim by the hotel or charge.
4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION, ANNULMENT) / FAILURE TO USE HOTEL SERVICES (NO SHOW)
4.1 Cancellation by the customer of the contract concluded with the hotel is only possible if a right of withdrawal in the contract expressly agreed, another statutory right of withdrawal or if the hotel is the avoidance of the contract expressly agreed. The agreement of a right of withdrawal and the eventual consent to a contract cancellation should be made in each case in writing.
4.2 Insofar as the hotel and the customer a date for a cost-free cancellation agreed by the contract, the customer may rescind the contract, without incurring payment or damage compensation claims by the hotel. The resignation of the customer expires if he does not exercise his cancellation right in front of the hotel by the agreed date.
4.3 Is a right of withdrawal is not agreed or already extinct, there is also no statutory rescission or termination right and wrong to the hotel contract is canceled, the hotel retains the right to the agreed remuneration, despite not using the service. The hotel must credit the income from renting the rooms and the expenses saved. the hotel for rooms not rented to another, as a lump sum deduction for saved expenses. The customer is obliged in this case, at least 90 % of the contractually agreed rate for lodging with or without breakfast and for package tours with third-party services, to pay 70 % for half and 60 % for full-board arrangements. The customer is free to prove that the aforementioned claim is not justified or not in the amount claimed
5 CANCELLATION BY HOTEL
5.1 Insofar as it was agreed that the customer can withdraw within a specified period free from the contract, the hotel is entitled for its part in this period, to withdraw from the contract if there are inquiries from other customers regarding the contractually reserved rooms and upon inquiry of the hotel with a reasonable time limit not waived his right to withdraw.
5.2 An in accordance with paragraph 3.6 and / or Section not done 3.7 agreed or demanded advance payment or security even after a reasonable grace set by the hotel, is also entitled to rescind the contract.
5.3 Moreover, the hotel is entitled to withdraw exceptionally justifiable reasons from the contract, in particular if – Acts of God or other circumstances beyond the hotel is not the performance of the contract to make impossible;
– Room or rooms are booked culpably using misleading or false representation or concealment of material facts; much can be the identity of the customer, the ability to pay or the purpose of residence;
– the hotel has justified cause to believe that the use of the service may jeopardize smooth business operations, safety or reputation of the hotel in public, without being attributable to the management or organization of the hotel;
– The purpose or the cause of the stay is illegal;
– A breach of the above -mentioned Paragraph 1.2 is present.
6 ROOM AVAILABILITY, DELIVERY AND RETURN
6.1 The customer has no right to be provided specific rooms insofar as this is not expressly agreed.
6.2 Reserved rooms are available to the customer from 15:00 pm on the agreed day of arrival. The customer has no right to earlier availability.
6.3 on the agreed departure rooms are to provide the hotel vacated by 12:00 at the latest available. Afterwards the hotel due to the delayed vacating of the room for the contractual -border use until 18:00 50 % of the full accommodation rate (list price) into account, from 18:00 90 %. Contractual claims of the customer are not justified hereby. The customer is at liberty to prove that the hotel incurred no or much lesser claim to use damages.
7 LIABILITY OF THE HOTEL
7.1 The hotel shall be liable for damages from him from injury to life, limb or health. Furthermore, it is liable for other damages which are based on an intentional or grossly negligent breach of obligation or on a deliberate or negligent breach of typical contractual obligations of the hotel. A breach of obligation by a legal representative or vicarious agent. Any other compensation claims are not otherwise regulated in this Clause 7, excluded. Should disruptions or defects in the performance of the hotel occur, the hotel will endeavor with knowledge or on immediate complaint of the customer, to take remedial action. The customer is obligated to contribute reasonable to eliminate the disruption and to keep any possible damage.
7.2 For property brought into the Hotel is liable to the customer in accordance with statutory provisions. The hotel recommends the use of the hotel or safes. If the host money, securities and valuables with a value of more than 800 euro or other things with a value of more than 3,500 euros wishes to introduce, this requires a separate storage agreement with the hotel.
7.3 If the customer is a parking space in the hotel garage or in the hotel parking lot, even if a fee is provided, this does not constitute a safekeeping agreement. For loss of or damage to the hotel property parked or motor vehicles and their contents, the hotel is only liable in accordance with paragraph 7.1, Clauses 1 to 4. FIG.
7.4 Wake-up calls are carried out with the utmost care. Messages, mail and merchandise deliveries for guests are handled with care. The hotel will deliver, hold, and – on request – for a fee forward thereof. The hotel is only liable in accordance with paragraph 7.1, Clauses 1 to 4. FIG.
The parties agree jurisdiction Lörrach for any dispute arising from this contract.
Version Conditions November 2015