GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
1. SCOPE
1.1 These terms and conditions 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 context (hotel accommodation contract). The term „hotel accommodation contract“ encompasses and replaces the following terms: accommodation, guest accommodation, hotel, and hotel room contract.
1.2 The subletting or re-letting of the provided rooms as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 of the German Civil Code (BGB) is excluded, provided the customer is not a consumer.
1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in advance.
2. CONCLUSION OF CONTRACT, PARTIES, LIMITATION PERIOD
2.1 The contracting parties are Hotel 41 GmbH and the customer. The contract shall come into effect upon the acceptance of the customer's application by Hotel 41 GmbH. Hotel 41 GmbH is free to confirm the room booking in text form.
2.2 All claims against Hotel 41 GmbH shall generally become time-barred one year after the statutory commencement of the limitation period. This shall not apply to claims for damages and other claims, provided the latter are based on an intentional or grossly negligent breach of duty by Hotel 41 GmbH.
3. SERVICES, PRICES, PAYMENT, SET-OFF
3.1 Hotel 41 GmbH is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the hotel's agreed or applicable prices for the provision of the room and the further services utilised by them. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel.
3.3 The agreed prices are inclusive of taxes and local charges applicable at the time of conclusion of the contract. Not included are local charges which are owed by the guest themselves under the respective municipal law, such as visitor's tax (Kurtaxe). In the event of a change in statutory VAT or the introduction, amendment or abolition of local charges on the subject matter of the contract after the conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between the conclusion of the contract and the fulfilment of the contract exceeds four months.
3.4 The hotel may make its consent to any customer-requested subsequent reduction in the number of booked rooms, the hotel's services or the duration of the customer's stay conditional upon an increase in the price for the rooms and/or other hotel services.
3.5 Invoices issued by Hotel 41 GmbH are payable immediately upon 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 late payment by the customer, statutory regulations shall apply. The hotel reserves the right to prove greater damage.
3.6 The hotel is entitled to require the customer to make a reasonable advance payment or provide security, for example in the form of a credit card guarantee, upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in the contract in text form. The statutory provisions shall remain unaffected in the case of advance payments or securities for package tours.
3.7 In justified cases, for example, payment arrears on the part of the customer or an extension of the scope of the contract, the hotel is entitled, even after the conclusion of the contract and up to the start of the stay, to demand an advance payment or security deposit within the meaning of clause 3.6 above, or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.8 The hotel is also entitled to demand that the customer pay a reasonable advance payment or security deposit, as defined in clause 3.6 above, for existing and future claims arising from the contract at the beginning of and during the stay, provided that such payment or deposit has not already been made in accordance with clause 3.6 and/or clause 3.7 above.
3.9 The customer may only set off or offset against a claim of the hotel with an undisputed or legally binding claim.
4. CANCELLATION BY THE CUSTOMER (CANCELLATION, REVOCATION) / FAILURE TO USE THE HOTEL'S SERVICES (NO SHOW)
4.1 Cancellation of the contract concluded with the hotel by the customer is only possible if a right of cancellation has been explicitly agreed in the contract, if another statutory right of cancellation exists, or if the hotel explicitly consents to the cancellation of the contract. The agreement of a right of cancellation and any consent to a cancellation of the contract should each be in text form.
4.2 If a date for free cancellation of the contract has been agreed between the hotel and the customer, the customer may cancel the contract up to that date without triggering any claims for payment or damages by the hotel. The customer's right of cancellation shall expire if they do not exercise their right to cancel vis-à-vis the hotel by the agreed date.
4.3 If no right of withdrawal has been agreed or has already lapsed, and there is no statutory right of withdrawal or termination, and the hotel does not consent to the termination of the contract, the hotel retains the right to claim the agreed remuneration despite the service not having been used. The hotel must set off any income from letting the rooms to other guests, as well as any expenses saved. If the rooms are not let to other guests, the hotel may apply a flat-rate deduction for expenses saved. 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 deals including third-party services, 70 % for half-board and 60 % for full-board arrangements. The customer is free to provide evidence that the aforementioned claim has not arisen, or has not arisen to the extent claimed.
5. CANCELLATION BY THE HOTEL
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 for its part to withdraw from the contract during this period if there are inquiries from other customers regarding the rooms booked under the contract and the customer, upon inquiry by the hotel with a reasonable time limit, does not waive their right of withdrawal.
5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and/or Section 3.7 is not paid even after the expiry of a reasonable grace period set by the hotel, the hotel shall likewise be entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract with immediate effect for a objectively justified reason, in particular if
– force majeure or other circumstances beyond the hotel's control which make the fulfilment of the contract impossible;
– rooms or spaces are culpably booked under misleading or false information or by concealing material facts; material facts in this regard may include the customer's identity, solvency or purpose of stay;
– the hotel has justified reason to believe that the use of the service may jeopardise the smooth operation of the business, the safety or the public reputation of the hotel, without this being attributable to the hotel's sphere of control or organisation;
– the purpose or reason for the stay is unlawful;
– a breach of the aforementioned section 1.2 exists.
5.4 The justified cancellation by the hotel shall not establish any claim for damages by the customer.
6. ROOM AVAILABILITY, HANDOVER AND VACATING
6.1 The customer does not acquire the right to the provision of specific rooms, unless this has been expressly agreed.
6.2 Booked rooms are available to the customer from 14:00 on the agreed day of arrival. The customer has no entitlement to earlier provision.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 at the latest. A later departure is possible by arrangement with reception and subject to room availability. The charge for a late check-out until 14:00 is €50.00, after which the full room rate will be charged.
7. BROUGHT-IN PETS (especially dogs)
7.1 Bringing pets requires prior approval from the hotel and will be charged with a separate service fee.
7.2 The customer is liable for all damage and contamination caused by pets brought along. An additional cleaning fee will be charged for extraordinary cleaning efforts, in particular for contamination of beds, furniture or carpets.
7.3 Furthermore, the hotel is entitled to charge the customer for any loss of revenue resulting from the affected room not being able to be re-let as planned due to the soiling.
8. LIABILITY OF THE HOTEL
8.1 The hotel shall be liable for damage incurred by it for injury to life, body or health. Furthermore, it shall be liable for other damage based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual duties by the hotel. A breach of duty by the hotel shall be deemed equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this Section 6. Should disruptions or defects in the hotel's services occur, the hotel shall endeavour to provide a remedy upon becoming aware of them or upon immediate complaint by the customer. The customer is obliged to make a reasonable contribution to remedying the disruption and keeping any potential damage to a minimum.
8.2 The hotel shall be liable to the customer for property brought into the hotel in accordance with the statutory provisions. The hotel recommends using the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other property with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
8.3 To the extent that a parking space in the hotel garage or in the hotel car park is made available to the customer, even for a fee, no safekeeping contract shall come into existence thereby. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel property, and their contents, the hotel shall only be liable in accordance with the preceding Section 8.1, sentences 1 to 4.
8.4 Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for guests are handled with care. The hotel undertakes the delivery, storage and – upon request – for a charge, the forwarding of the same. In this regard, the hotel shall only be liable in accordance with the preceding Section 8.1, sentences 1 to 4.
9. FINAL PROVISIONS
9.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions must be in text form. Unilateral amendments or additions by the customer shall be invalid.
9.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for cheque and bill of exchange disputes – in commercial transactions is 56068 Koblenz. If a contractual partner fulfils the requirements of Section 38 (2) of the Code of Civil Procedure (ZPO) and has no general place of jurisdiction domestically, 56068 Koblenz shall apply as the place of jurisdiction.
9.3 German law shall apply. The application of the UN Sales Convention and conflict of laws principles is excluded.
9.4 If any individual provisions of these Terms and Conditions should be or become invalid or void, the validity of the remaining provisions shall not be affected thereby. In all other respects, the statutory provisions shall apply.
Terms and Conditions for the online shop
1. Scope
These Terms and Conditions (T&C) apply to all orders placed by a consumer with Hotel41 GmbH.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
2. Contracting parties
The contract of sale is concluded with Hotel41 GmbH, proprietor: Horst-Juergen Thelen, Emil-Schüller-Str. 41 – 43, 56068 Koblenz, Commercial Register: Local Court Koblenz, HBR 23098.
3. Conclusion of the contract
3.1. The display of the products in the online shop does not constitute a legally binding offer, but merely an invitation to order.
3.2. By clicking the [Buy/Order with obligation to pay] button, you place a binding order for the goods listed on the order page. Your contract of sale comes into effect when we accept your order by means of an order confirmation sent by email immediately after receipt of your order.
4. Right of withdrawal
4.1. If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you are entitled to a right of withdrawal in accordance with statutory provisions.
4.2. If you as a consumer exercise your right of cancellation in accordance with Section 4.1, you shall bear the direct cost of returning the goods.
4.3. Otherwise, the right of cancellation is subject to the provisions detailed in the following
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us [Hotel41 GmbH, Emil-Schüller-Str. 41-43, 56068 Koblenz, 0261 30140 and info@hohenstaufen.de] by means of a clear declaration (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not obligatory. You can also complete and submit the model withdrawal form or another clear declaration electronically on our website (www.hohenstaufen.de). If you make use of this option, we will send you an acknowledgement of receipt of such a withdrawal without delay (e.g. by email).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you cancel this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
– End of cancellation policy –
4.4. Regarding the model cancellation form, Hotel41 GmbH provides information in accordance with statutory regulations as follows:
Model cancellation form
(If you wish to cancel the contract, please fill out this form and send it back.)
– [insert the name, address and email address of the trader here]:
–I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
–Ordered on (*)/received on (*)
– Name of consumer(s)
–Address of the consumer(s)
–Signature of the consumer(s) (only if this notification is on paper)
–Date __________
(*) Delete as appropriate
5. Prices
The prices quoted on the product pages include statutory VAT and other price components.
6. Delivery
6.1. Delivery is made by email only.
6.2. Processing time is up to 3 days. We will indicate any differing processing times on the respective product page.
7. Payment
7.1. Payment can be made optionally by direct bank transfer or PayPal.
7.2. If you select the direct bank transfer payment method, we will state our bank details in the order confirmation and deliver the goods upon receipt of payment.
8. Cash payment
9. Retention of title
The goods shall remain our property until payment has been received in full.
10. Warranty for material defects
Hotel41 GmbH shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB).
Dispute Resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.