GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
1. SCOPE OF APPLICATION
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 for the customer in this context (hotel accommodation contract). The term „hotel accommodation contract“ includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
1.2 The subletting or re-letting of the leased rooms as well as their use for purposes other than accommodation require the prior consent of the hotel in writing, whereby Section 540 (1) sentence 2 BGB is waived unless the customer is a consumer.
1.3 General terms and conditions of the customer only apply if this has been expressly agreed in advance.
2. CONCLUSION OF CONTRACT, PARTNER, LIMITATION OF LIMITATIONS
2.1 The contractual partners are Hotel 41 GmbH and the customer. The contract is concluded when Hotel 41 GmbH accepts the customer’s application. Hotel 41 GmbH is free to confirm the room booking in text form.
2.2 All claims against Hotel 41 GmbH generally become statute-barred one year from 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 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 rooms provided and for other services used. This also applies to services commissioned directly by the customer or via the hotel, which are provided by third parties and disbursed by the hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local taxes that are owed by the guest according to local law, such as visitor’s tax. In the event of a change in statutory sales tax or the introduction, change or abolition of local taxes on the object of performance after the contract has been concluded, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
3.4 The hotel can make its consent to a subsequent reduction in the number of booked rooms, the hotel’s services or the customer’s length of stay, as requested by the customer, dependent on the price of the rooms and / or other hotel services increasing.
3.5 Hotel 41 GmbH’s invoices without a due date are payable within eight days of receipt of the invoice without deduction. The hotel can demand immediate payment of due claims from the customer at any time. If the customer defaults on payment, the statutory regulations apply. The hotel reserves the right to provide evidence of higher damage.
3.6 The hotel is entitled to demand an appropriate advance payment or security deposit, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
3.7 In justified cases, for example the customer’s payment arrears or expansion of the scope of the contract, the hotel is entitled to make an advance payment or security deposit within the meaning of section 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full, even after the conclusion of the contract up to the beginning of the stay to demand the agreed remuneration.
3.8 The hotel is also entitled at the beginning and during the customer’s stay to request an appropriate advance payment or security deposit within the meaning of section 3.6 above for existing and future claims from the contract, unless such a payment has already been made in accordance with section 3.6 and / or section 3.7 above was done.
3.9 The customer can only offset or set off an undisputed or legally binding claim against a claim by the hotel.
4. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, ANNULMENT) / FAILURE TO USE THE HOTEL’S SERVICES (NO SHOW)
4.1 The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal was expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to a contract cancellation should be made in writing.
4.2 If an appointment has been agreed between the hotel and the customer to withdraw from the contract free of charge, the customer can withdraw from the contract until then without triggering any payment or damage claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right to withdraw from the hotel 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 the cancellation of the contract, the hotel retains the right to the agreed remuneration despite not using the service. The hotel has to credit the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not rented to someone else, the hotel can apply a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast and for all-inclusive arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
5. WITHDRAWAL BY THE HOTEL
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer upon request by the hotel with reasonable Setting a deadline does not waive his right to withdraw.
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 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 extraordinarily withdraw from the contract for an objectively justified reason, especially if
– force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
– rooms or rooms are culpably booked with misleading or false information or with concealment of essential facts; The identity of the customer, solvency or the purpose of stay can be essential;
– the hotel has justified cause to believe that the use of the service could endanger the smooth business operations, the security or the reputation of the hotel in public without this being attributable to the hotel’s sphere of control or organization;
– the purpose or the reason for the stay is illegal;
– there is a violation of the above-mentioned section 1.2.
5.4 The justified withdrawal by the hotel does not justify the customer’s claim to compensation.
6. ROOM PROVISION, HANDOVER AND RETURN
6.1 The customer has no right to the provision of certain rooms, unless this has been expressly agreed.
6.2 Reserved rooms are available to the customer from 2 p.m. on the agreed arrival date. The customer has no right to earlier availability.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, due to the late vacating of the room, the hotel can charge 50% of the full accommodation price (list price) for use beyond the contract until 6:00 p.m., 90% from 6:00 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim for usage fee.
7. LIABILITY OF THE HOTEL
7.1 The hotel is liable for damage to life, body or health for which it is responsible. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this section 7. Should disruptions or deficiencies in the hotel’s services occur, the hotel will endeavor to remedy the situation if the customer becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
7.2 The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends using the hotel or room safe. If the guest wishes to bring money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
7.3 If the customer is provided with a parking space in the hotel garage or on the hotel car park, even for a fee, this does not constitute a safekeeping contract. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with the above section 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with great care. Messages, mail and deliveries for guests are handled with care. The hotel will deliver, store and – on request – forward the same for a fee. The hotel is only liable in accordance with the preceding section 7.1, sentences 1 to 4.
8. FINAL PROVISIONS
8.1 Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in writing. Unilateral changes or additions by the customer are invalid.
8.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for check and bill of exchange disputes – is 56068 Koblenz in commercial transactions. If a contractual partner fulfills the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is 56068 Koblenz.
8.3 German law applies. The application of the UN sales law and the conflict of laws is excluded.
8.4 Should individual provisions of these General Terms and Conditions be or become ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.