1.1 These Terms and Conditions shall apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: Accommodation Agreement, Guest Accommodation Agreement, Hotel Accommodation Agreement, Hotel Room Agreement.
1.2 The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation shall require the prior consent of the hotel in text form, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
1.3 General terms and conditions of the customer shall only apply if this has been expressly agreed in text form in advance.
2. CONTRACT CONCLUSION, PARTNERS, TERMINATION.
2.1 The contract is concluded by acceptance of the customer's application by the hotel. The room booking must be made in writing and confirmed by the customer with his address and signature. If there is a change in the booking, this must be in text form and confirmed by the hotel. The signed booking and address of the customer must be available at least 5 days before arrival.
2.2 Contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
2.3 All claims against the hotel are subject to a limitation period of one year from the statutory commencement of the limitation period. Claims for damages shall become statute-barred after five years, irrespective of knowledge, unless they are based on injury to life, body, health or freedom. These claims for damages shall become statute-barred after ten years, irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
3.SERVICES, PRICES, PAYMENT, INVOICE, ROOM PROVIDING, RETURN.
3.1 The hotel is obligated to keep the rooms booked by the customer ready and to provide the agreed services. The contract partner does not acquire any claim to the provision of specific rooms, unless the hotel has confirmed the provision of a specific room in writing.
3.2 Booked rooms shall be available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no right to earlier provision. The rooms provided are to be claimed by 6:00 p.m. on the day of arrival. After this time, they may be rented to other parties by the hotel, unless the customer has given prior notice of later arrival.
3.3 The customer is obligated to pay the agreed or applicable prices of the hotel for the room rental and the other services used by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer. The agreed prices include the respective statutory value-added tax.
3.4 The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel's services or the customer's length of stay conditional upon an increase in the price for the rooms and/or the hotel's other services.
3.5 On the agreed departure day, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. A later check-out must be communicated no later than the day before. If rooms are used for longer than 11:00 a.m. without prior agreement, the hotel may charge the daily room rate for the additional use of the room until 6:00 p.m. and 100 % of the full room rate after 6:00 p.m. for the additional damage incurred. The contracting party shall be free to prove to the hotel that it has incurred a lower loss.
3.6 Bringing your own food and soft drinks and alcoholic beverages is not permitted.
3.7 All rooms in the hotel are non-smoking rooms. If it is found that smoking has taken place in the room occupied, even with the window open, the hotel reserves the right to expel the customer from the premises and to charge a compensation fee, even after departure.
3.8 Open fire, as well as candles in the rooms are not allowed and can be punished with a fine. In case of violation and damage in the room, the customer can be held liable. This also applies to damage of any kind in the passageway area and in the hallways.
3.9 Invoices without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default in payment, the Hotel shall be entitled to charge the statutory default interest currently applicable at the rate of 8% or, in the case of legal transactions involving a consumer, at the rate of 5% above the base interest rate. The hotel reserves the right to prove higher damages.
3.10 The hotel is entitled to demand a reasonable advance payment or security deposit or similar from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.
3.11 In justified cases, e.g. payment arrears on the part of the customer or expansion of the scope of the contract, the hotel is entitled, even after conclusion of the contract until the beginning of the stay, to demand an advance payment or security deposit within the meaning of No. 3.10 above or an increase in the contractual payment or security deposit agreed in the contract up to the full agreed remuneration.
3.12 Furthermore, the hotel is entitled to demand from the customer an appropriate advance payment or security deposit within the meaning of No. 3.10 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such has not already been made in accordance with No. 3.10 and/or 3.11 above.
3.13 The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.
4. LIABILITY OF THE HOTEL.
4.1 The hotel is liable for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages arising from injury to life, body or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or deficiencies in the hotel's services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum.
4.2 The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions.
4.3 Insofar as a parking space is made available to the customer in the hotel parking lot, even for a fee, this shall not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall not be liable, except in cases of intent or gross negligence. For the exclusion of the customer's claims for damages, the provision of the above number 4.1 applies.
4.4 Messages, mail and consignments of goods for the guests shall be handled with care. The hotel will take care of delivery, storage and - if requested - forwarding of the same against payment. For the exclusion of claims for damages by the customer, the provision of the above number 4.1 applies.
Malfunctions in the technical equipment provided by the hotel will be repaired by the hotel's own staff and do not entitle the customer to a reduction of the remuneration. If a malfunction cannot be repaired, the remuneration will be reduced by the amount of the rent for the technical equipment.
Newspaper advertisements and direct mailings containing invitations to events of any kind at the hotel require the hotel's written consent. If a publication is made without the hotel's consent and if essential interests of the restaurant are affected thereby, the hotel reserves the right to cancel the event. Any costs incurred, lost revenue and possible claims for damages shall be borne by the organizer.
7. PAYMENT CONDITIONS.
7.1 The hotel is entitled to demand an amount of up to 50% of the expected remuneration as advance payment from the customer upon signing the order confirmation or by agreement. For clients domiciled/resident abroad, up to 80% of the expected remuneration may be charged as advance payment. Final settlement shall be made upon departure.
7.2 The remuneration is due for payment without any deduction within 10 working days after the invoice date.
7.3 Offsetting of the customer with claims of any kind is inadmissible, as is the withholding of payments to the hotel due to such claims. The assignment of a claim against the hotel is excluded.
7.4 If the customer is not also the organizer, the organizer shall sign the order confirmation and shall thus also be deemed to be the customer vis-à-vis the hotel. In particular, the organizer shall be jointly and severally liable with the client for the entire remuneration. This liability extends to additional services purchased by event participants, unless direct payment has been expressly agreed.
8.1 Changes and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the customer are invalid.
8.2 Place of performance and payment is the location of the hotel.
8.3 The exclusive place of jurisdiction - also for disputes regarding checks and bills of exchange - in commercial transactions shall be the registered office of the hotel under company law. If a contracting party fulfills the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel under company law.
8.4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
8.5 Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.