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Opposition withdrawn other services agreed or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.