GENERAL TERMS AND CONDITIONS FOR HOTEL ACCOMMODATION CONTRACTS

(April 2012)

 

1. SCOPE

 

1.1 These Terms and Conditions govern contracts for the rental use of hotel rooms for accommodation and all the services in this regard for the customer other services provided by the hotel (Hotelaufnah-mevertrag). The term "Hotel Accommodation Contract" comprises and replaces the following Be-griffe: accommodation, lodging, hotel, hotel room contract.

 

1.2 The subletting or re-letting of the

Rooms and their use

for purposes other than accommodation

require the prior approval of the

Hotels in text form, § 540 paragraph 1 sentence

2 German Civil Code is waived insofar as the

Customer is not a consumer.

1.3 Terms of the customer

apply only if

previously expressly agreed.

 

2 CONCLUSION OF CONTRACT, PARTIES, STATUTE OF LIMITATIONS

 

2.1 Contractual partners are the hotel and the customer.

The contract is concluded by the

Acceptance of the application by the customer upon the hotel.

The hotel is at

free, the room reservation to be confirmed in writing.

 

2.2 All claims against the hotel shall lapse one

Year from

statutory limitation period. Claims for damages

kenntnisab- expire

pending in five years, unless they are on a

Loss of life, the body

pers, health or freedom is based.

These claims for damages

barred, independent of knowledge in ten years.

The limitation periods apply

not apply to claims based on a deliberate or grossly negligent of duty

based infringement of the hotel.

 

3 SERVICES, PRICES, PAYMENT, SET-OFF

 

3.1 The hotel is obligated by the customer

booked rooms ready and hold

to provide the agreed services.

 

3.2 The customer is obliged to and for rooms provided

by him in the presence

Opposition withdrawn other services agreed or

applicable prices

To pay hotels. This also applies to the customer directly or through

acted upon the hotel

tragte services supplied by third parties and from

Hotel are incurred.

 

3.3 The agreed prices are inclusive

at the time of the process

supporting statements applicable taxes and local charges.

Not included are local

Charges payable by the respective municipal law by the guest

are such as tax.

When changing the statutory rate or

the introduction, amendment

or abolition of local taxes on the subject of performance

according to contract

circuit to adapt the prices accordingly.

For contracts with consumers

Chern applies this only if the period between

Contract and Consumer

contract fulfillment exceeds four months.

 

3.4 The hotel can make its agreement to the customer

desired subse-

Chen reducing the number of rooms booked,

the hotel's services or

make it a condition of the stay of customers,

that the price for

the rooms and / or increases for the other services of the hotel.

 

3.5 Hotel invoices not showing a due date are

within ten days from receipt

the invoice without deduction. The hotel can

immediate payment falling due

at any time require the customer ger demands. In

Late payments are the hotel

entitled to demand the respectively applicable statutory default interest in

Currently amounting to

8% or, with legal transactions with a consumer,

in the amount of

To require 5% above the base rate. The hotel reserves

Proof of a

higher damage.

 

3.6 The hotel is entitled, upon conclusion of contract

the customer a reasonable

Advance payment or security, for

For example in the form of a Kreditkartenga-

's warranty to demand. The amount of the advance and

payment dates may

the contract will be agreed in text form.

With advance payments or security

for package tours, the statutory

Provisions.

 

3.7 In justified cases, for example, payment arrears

the customer or extension

tion of the scope of the contract, the hotel is also entitled

after the contract to

at the beginning of the stay in advance or

Guarantee under

above Clause 3.6 or an increase of the contract

agreed prepayments

ment or security deposit up to the total agreed

To demand compensation.

 

3.8 The hotel is also entitled at the beginning and during

stay from

Customer a reasonable advance payment or security deposit

present within the meaning

standing point 3.6 for existing and future demands

the contract must be

demand, insofar as such has not been according to the above

Section 3.6 and / or

Paragraph 3.7 has been lodged.

 

3.9 The customer may only with an undisputed or legally binding

Counter-claim

offset or charge on a claim by the hotel.

 

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, a

Other statutory right exists or if the hotel of the contract

repeal expressly agrees. The agreement of a right of withdrawal and

the possible approval of a contract avoidance should achieved each in text form

consequences.

 

4.2 Insofar as the hotel and the customer a date for a cost-free cancellation

was agreed by the contract, the customer can withdraw from the contract until then,

without incurring payment or damage compensation claims by the hotel. The return

the customer enters right expires if it is not by the agreed date

Cancellation right opposite the hotel carries.

 

4.3 If a right of withdrawal has not been agreed or are already extinct, and there is no

statutory rescission or termination right and the hotel agrees to a contract

not to repeal, the hotel retains the right to the agreed remuneration

Despite not using the service. The hotel has the revenue from Andersen

be counted weitiger renting the rooms and also for saved expenses.

The hotel are the rooms are not otherwise rented, so can the trigger for

saved expenses lump sum. 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, 70% for

Half-board and 60% for room and full-board arrangements. The customer

is free to prove that the aforementioned claim is not or not GE in the

demanded amount has arisen.

 

5 CANCELLATION BY HOTEL

 

5.1 If it was agreed that the customer cost within a specified period

can freely withdraw from the contract, the hotel is in this period for his part described

entitled to rescind the contract if there are inquiries from other customers regarding the supply

contractually reserved rooms and the customer, upon inquiry of the hotel

a reasonable time limit on his right of rescission does not waive.

 

5.2 If an in accordance with Clause 3.6 and / or point 3.7 agreed or demanded conditions

payment or security even after a set by the hotel

the hotel is not made reasonable extension, so is also to resign

authorized the contract.

 

5.3 In addition, the hotel is entitled to a materially justifiable cause from the contract

extraordinary cancellation, in particular if

- Acts of God or other circumstances beyond the hotel is not the fulfillment

make distribution of the contract impossible;

- Rooms and spaces culpably misleading or false information or

Disclosure of material facts to be booked; much can

the customer's identity, his ability to pay or the purpose of residence;

- The hotel has justified cause to believe that the use

the power to smooth business operations, safety, or view any

may jeopardize hen of the hotel in public, without this the glory

nomic or organization of the hotel is attributable;

- The purpose or the cause of the stay is illegal;

- A breach of Clause 1.2 above is present.

 

5.4 The authorized cancellation by the hotel does not entitle the customer to

Damages.

 

6 ROOM AVAILABILITY, DELIVERY AND RETURN

 

6.1 The customer is not entitled to the provision of certain rooms,

unless this has been explicitly agreed.

 

6.2 Reserved rooms are available to the customer from 15:00 clock of the agreed arrival date

available. The customer has no right to earlier availability.

 

6.3 On the agreed day of departure the rooms are the hotel at 11:00 clock at the latest

vacated and made available. Afterwards the hotel due to the belated

Vacating of the room for use exceeding the contractual time to 18:00 clock

Represent 50% of the full accommodation rate (list price) in accounting, from 18:00 clock

90%. Contractual claims of the customer shall be created thereby. Him

is at liberty to prove that the hotel incurred no or much lesser

Claim to use arose.

 

7 LIABILITY OF THE HOTEL

 

7.1 The hotel shall be liable for damages resulting from injury by him of

Life, body or health. Furthermore, it is liable for damages other

the, on an intentional or grossly negligent breach of duty of the hotel

or on an intentional or negligent breach of contract

typical duties of the hotel is based. A breach of obligation is the

a legal representative or vicarious agent. Further damage

damages claims are not otherwise regulated in this Clause 7, Removing

closed. If occurring faults or defects in the performance of the hotel

th is, trying the hotel with knowledge or on immediate complaint of the customers

be, to take remedial action. The customer is obligated, the beizutra- reasonable for him

gene to eliminate the disruption and to keep any possible damage at a minimum.

 

7.2 for property brought into the hotel is liable to the customer according to the legal

Provisions. The hotel recommends the use of the hotel or in-room safes. So-

far from the guest of money, securities and valuables with a value of more than

Einzubrin- 800 euro or other matters with a value of more than 3,500 Euro

gen wishes, 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 car park,

even if a fee is provided, this does not custody

contract is. For loss of or damage to the Hotelgrund-

parked or motor vehicles and their contents shall be liable the Hotel

only 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 treated with care

delt. The hotel will deliver, hold, and - upon request - GE

gen fee forward such items. The hotel is only liable according Maßga-

be the preceding Paragraph 7.1, Clauses 1 to 4. FIG.

 

8 FINAL PROVISIONS

 

8.1 Changes and additions to the contract, the acceptance of these

Terms and Conditions should be made in writing. Unilateral changes

ments or additions by the customer are not valid.

 

8.2 fulfillment and payment, as well as exclusive place of jurisdiction - also for

Check and exchange disputes - for commercial transactions is the local court

Indicative Bad Hersfeld. Insofar as a contracting party fulfills the requirements of § 38 waste

sentence 2 ZPO and has no general jurisdiction in Germany, is considered GE

jurisdiction of the corporate seat of the hotel.

 

8.3 German law applies. The application of the CISG and the conflict of laws

right is excluded.

 

8.4 If any provision of these terms and conditions invalid

sam or be or become invalid, this shall not affect the remaining

Regulations is not affected. Otherwise, the statutory provisions apply.