General terms and conditions for hotel accommodation contract
1 AREA OF APPLICATION
1.1 These Terms and Conditions shall apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided by the hotel to the customer in this connection (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” covers and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract
1.2 The subleasing or subletting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby Section 540 paragraph 1 sentence 2 of the German Civil Code (BGB) is waived if the customer is not a consumer.
1.3 The general terms and conditions of the customer shall only apply if this has been expressly agreed in advance.
2 CONCLUSION OF CONTRACT, CONTRACTUAL PARTNERS, STATUTE OF LIMITATIONS
2.1 The contractual partners are the hotel and the customer. The contract is concluded by the acceptance of the customer’s request by the hotel. The hotel is free to confirm the room reservation in text form.
2.2 All claims against the hotel shall generally become statute-barred one year after the start of the statutory limitation period. This does not apply to claims for damages and other claims if the latter are based on an intentional or grossly negligent breach of on the part of the hotel.
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obliged to keep the rooms reserved by the customer available and to render the agreed services.
3.2 The customer is obligated to pay the agreed upon or applicable prices of the hotel for the room rental and the other services used by him. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and provided by the hotel.
3.3 The agreed prices include the taxes and local duties applicable at the time the contract was concluded. Not included are local taxes, which are owed by the guest according to the local law, such as visitor’s tax. In the event of a change in the statutory sales tax or the new introduction, modification or abolition of local taxes on the object of services after the conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between the conclusion of the contract and the performance of the contract exceeds four months.
3.4 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s services or the duration of the customer’s stay as requested by the customer dependent on an increase in the price of the rooms and/or other services provided by the hotel.
3.5 Invoices of the hotel without a due date are payable within ten days of receipt of the invoice without deduction. The hotel may demand the immediate payment of due claims from the customer at any time. In the event of default in payment by the customer, the statutory provisions shall apply. The hotel reserves the right to prove higher damages.
3.6 Upon conclusion of the contract, the hotel is entitled to demand an appropriate advance payment or security deposit from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in the contract in text form. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected. In the event of default in payment by the customer, the statutory provisions shall apply.
3.7 In justified cases, for example, payment arrears of the customer or extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract until the beginning of the stay, an advance payment or security deposit within the meaning of paragraph 3.6 above or an increase in the contract agreed advance payment or security deposit to full to demand agreed remuneration.
3.8 The hotel shall also be entitled to demand from the customer, at the beginning of and during the customer’s stay, a reasonable advance payment or security deposit within the meaning of paragraph 3.6 above for existing and future claims under the contract, if such has not already been made in accordance with paragraph 3.6 and/or 3.7.
3.9 The customer can only offset or charge against a claim of the hotel with an undisputed or legally enforceable claim.
4 WITHDRAWAL OF THE CUSTOMER FROM THE CONTRACT (CANCELLATION)/NON-USE OF HOTEL SERVICES (NO SHOW)
4.1 A withdrawal of the customer from the contract concluded with the hotel is only possible if a right of withdrawal was expressly agreed in the contract, there is another legal right of withdrawal or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible agreement to a contract cancellation must be made in text form.
4.2 Insofar as an appointment for a free withdrawal from the contract has been agreed between the hotel and the customer, the customer may by then withdraw from the contract without incurring any payment or compensation claims on the part of the hotel. The customer’s right of withdrawal expires if he does not exercise his right to withdraw from the contract by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination, and if the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite the non-use of the service. The hotel has to offset the income from the letting the rooms to other customers as well as the saved expenses. If the rooms are not let to another customer, the hotel may charge a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast as well as for package arrangements with external services, 70% for half board and 60% for full board arrangements. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the required amount.
5 WITHDRAWAL OF THE HOTEL FROM THE CONTRACT
5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract during this period if there are requests from other customers for the contractually booked rooms and the customer does not waive his right to withdraw from the contract upon request from the hotel within a reasonable period of time.
5.2 If an advance payment or security deposit agreed or demanded within the meaning of paragraph 3.6 and/or paragraph 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw extraordinarily from the contract for objectively justified reasons, in particular if
- force majeure or other circumstances beyond the control of the hotel render the performance of the contract impossible;
- rooms or spaces are culpably booked with misleading or false information or concealment of essential facts; the identity of the customer, the solvency or the purpose of the stay may be essential in this respect;
- the hotel has good reason to believe that the use of the service may endanger the smooth running of the business, safety or the public reputation of the hotel without this being attributable to the hotel’s sphere of control or organisation;
- the purpose or occasion of the stay is unlawful;
- there is a violation of paragraph 1.2 above.
5.4 The justified withdrawal of the hotel from the contract does not entitle the customer to claim damages.
6 PROVISION, HANDOVER AND RETURN OF ROOMS
6.1 The customer does not acquire any claim to the provision of specific rooms unless this has been expressly agreed.
6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer has no claim to earlier provision.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) until 18:00 due to the delayed evacuation of the room for its use beyond the scope of the contract, and 90% from 18:00. This does not justify any contractual claims on the part of the customer. He is at liberty to prove that the hotel has no or a substantially lower claim to user fees.
7 LIABILITY OF THE HOTEL
7.1 The hotel shall be liable for damages resulting from injury to life, limb or health for which it is responsible. Furthermore, it shall be liable for other damages which are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of obligations typical for the contract on the part of the hotel. A breach of duty on the part of the hotel is equivalent to a breach of duty on the part of a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise stipulated in this paragraph 7. Should disturbances or deficiencies occur with regard to the hotel’s services, the hotel shall endeavour to remedy the situation if it becomes aware of such disturbances or deficiencies or upon immediate reprimand by the guest. The customer is obliged to contribute as far as reasonably possible in order to remedy the disturbance and to keep any possible damage to a minimum.
7.2 The hotel shall be liable to the customer in accordance with the statutory provisions for items brought into the hotel. The hotel recommends the use of the hotel safe or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than €800 or other items with a value of more than €3,500, this requires a separate storage agreement with the hotel.
7.3 If a parking space is made available to the customer in the garage or on the car park of the hotel, even for a fee, this shall not constitute a contract of safe custody. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, the hotel is only liable in accordance with the above paragraph 7.1, sentences 1 to 4.
7.4 Wake-up orders shall be performed by the hotel with the greatest care. Messages, mail and consignments of goods for the guests are handled with care. The hotel will take charge of delivery, storage and – upon request – forwarding of such goods for a fee. The hotel shall only be liable in this case in accordance with the above paragraph 7.1, sentences 1 to 4.
8 FINAL PROVISIONS
8.1 Amendments and supplements to the contract, the acceptance of applications or these General Terms and Conditions should be made in text form. Unilateral amendments and supplements by the customer are not valid.
8.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for cheque and exchange disputes – in commercial dealings is Cologne. If a contractual partner fulfils the requirements of Section 38, paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction is Cologne.
8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions is excluded.
8.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, statutory provisions shall apply.