General Terms and Conditions for the Hotel Accommodation Agreement

scope

These terms and conditions apply to contracts for the leasing of hotel rooms for accomodation as well as all further services and deliveries of the hotel provided to the customer. The accommodation and re-letting of the provided rooms as well as their use for purposes other than accommodation require the prior written consent of the hotel. Terms and conditions of the customer apply only if previously agreed.

Contract conclusion, partner, liability; limitation

The contract is concluded by the acceptance of the customer's request by the hotel. The hotel is free to confirm the room booking in writing. Contractual partners are the hotel and the customer. If a third party has ordered for the customer, he is liable to the hotel together with the customer as the joint debtor for all obligations under the hotel accommodation contract, provided that the hotel has a corresponding declaration from the third party. The hotel is liable for its obligations under the contract. In the non-performance area, the liability is limited to intent and gross negligence of the hotel. The limitation period for all claims of the customer is 6 months. The limitation of liability and short period of limitation apply in favor of the hotel even in case of breach of obligations in the contract and positive breach of contract.

Services, prices, payments, offsetting

The hotel is obliged to keep the rooms reserved by the customer available and to provide the agreed services. The customer is obliged to pay the applicable or agreed hotel prices for the room rental and the other services used by him. This also applies to services provided by the customer and expenses of the hotel to third parties. The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the performance of the contract exceeds 4 months and if the price generally charged by the hotel for such services increases, the latter may raise the contractually agreed price appropriately, but no more than 10%. The prices may also be changed by the hotel if the customer subsequently requests changes to the number of booked rooms, the services of the hotel or the length of stay of the guests and the hotel agrees. Invoices of the hotel without a due date are payable without deductions within 8 days from receipt of the invoice. The hotel is entitled to make any 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 the rate of 4% above the respective base interest rate or the corresponding successor interest rate of the European Central Bank. The customer reserves the proof of a lower, the hotel of a higher damage reserved. The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package holidays. The amount of the advance payment and the payment dates can be agreed in writing in the contract. The customer can only offset or reduce a claim of the hotel with an undisputed or legally enforceable claim.

Resignation of the customer (cancellation, cancellation)

A resignation of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this is not the case, then the agreed price from the contract is payable even if the customer does not make use of contractual services. This does not apply in cases of delayed performance of the hotel or any impossibility of providing services for which it is responsible. Insofar as an appointment to withdraw from the contract has been agreed in writing between the hotel and the customer, the customer can by then withdraw from the contract without triggering payment or damage claims of the hotel. The customer's right of withdrawal lapses if he does not exercise the right to cancel the contract in writing vis-à-vis the hotel by the agreed date, unless the hotel is in default of service or if it is not possible to provide the service. In the case of rooms not used by the customer, the hotel shall charge the income from other rental of the rooms as well as the saved expenses. The hotel is at liberty to charge the resulting damage to be compensated by the customer. The customer is then obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast, 70% for half board and 60% for full board arrangements. The customer is free to prove that no damage has occurred or that the damage incurred by the hotel is lower than the required lump sum.

Resignation of the hotel

If a cancellation of the customer within a certain period has been agreed in writing, the hotel in this period for its part entitled to withdraw from the contract, if inquiries from other customers for the contractually booked rooms are available and the customer on request of the hotel on his right to resign. If an agreed advance payment is not made even after expiry of a reasonable grace period set by the hotel with the threat of refusal, the hotel is also entitled to withdraw from the contract. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for a materially justified reason, for example, if - force majeure or other circumstances for which the hotel is not responsible make fulfillment of the contract impossible; - Rooms are booked under misleading or false statements of material facts, eg in the person of the customer or the purpose; - the hotel has reasonable cause for acceptance - has the claim that the use of the hotel services can jeopardize the smooth operation of the business, the security or the reputation of the hotel in public, without this being attributable to the domain or organization of the hotel. - there is a violation of the scope of paragraph 2. The hotel must notify the customer of the exercise of the right of withdrawal without delay. In case of justified cancellation of the hotel no claim of the customer for compensation for damages arises.

Room preparation, handover and return

The customer does not acquire the right to provide certain rooms. Booked rooms are available to the customer from 3 pm on the agreed arrival day. The customer has no right to earlier availability. On the agreed departure day, the rooms are to be vacated at 11am. Thereafter, in addition to the damage resulting therefrom, the hotel may charge 50% of the full accommodation price (list price) until 6 pm for the additional use of the room, from 18.00 o'clock 100%. The customer is free to prove to the hotel that no or much lower damage has occurred.

Liability of the hotel

The hotel is responsible for the care of a proper businessman. This liability is in the non-performance area, but limited to defects in performance, damage, consequential damage or disruption, which are due to intent or gross negligence of the hotel. In the event of any disruption or defect in the services provided by the hotel, the hotel will make every effort, in the event of knowledge or immediate notification of the customer, to remedy the situation. The customer is obliged to contribute to what is reasonable for him, in order to remedy the disturbance and to minimize possible damage. For things brought in the hotel is liable to the customer according to legal provisions, this is up to a hundred times the room price (maximum 3000.00 EUR) and for money and valuables up to 500.00 EUR. Money and valuables can be stored in the hotel safe up to a maximum of EUR 500.00. The hotel recommends that you use this option. The liability claims expire if the customer does not inform the hotel immediately after gaining knowledge of loss, destruction or damage (§703 BGB). For the unlimited liability of the hotel the legal regulations apply. Insofar as the customer is provided with a parking space in the hotel car park, also for a fee, no custody agreement is concluded. In case of loss or damage on the hotel grounds parked or shunted vehicles and their contents, the hotel is not liable, except in case of intent or gross negligence. This also applies to vicarious agents of the hotel. Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded. Messages, mail and merchandise for guests are treated with care. The hotel takes over the delivery. Storage and on request, the forwarding of the same. Claims for damages, except for gross negligence or intent, are excluded.

final provisions

Changes or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid. Place of fulfillment and payment is the seat of the hotel. Exclusive place of jurisdiction also for check and change disputes is in the commercial traffic Werder (Havel). If a contracting party fulfills the requirements of § 38 (1) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is Werder (Havel). German law applies. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
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