General terms and conditions
for Hotel accomodation contracts
1. SCOPE OF APPLICABILITY 1.1. These terms and conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel to the customer in this context (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” comprises and replaces the following terms: accommodation, lodging, hotel, hotel room contract.
1.2. The hotel’s prior consent in written form is required if rooms provided are to be sublet or rented to a third party, or used for other than lodging purposes, whereby section 540, para. 1, sentence 2 German Civil Code (BGB) is waived insofar as the customer is not a consumer.
1.3. These terms and conditions govern –except when otherwise explicitly stipulated – independent of the customer being consumer or entrepreneur. The customer is a consumer (in terms of section 13 BGB), insofar as the legal transactions predominate purpose of the ordered deliveries and attainments couldn’t be counted to his commercial or self-employed activities. By contrast an entrepreneur (in terms of section 14 BGB) is every natural or legal person or incorporated person concluding the contract in exercise of his commercial or self-employed activity.
1.4. These terms and conditions govern exclusively. Divergent, conflicting or additional terms and conditions only govern when explicitly agreed in written form by the hotel. In abscense of such expressed agreement by the hotel it is deemed to be a rejection. The need for expressed agreement applies in any case, i.e. also when the hotel performs without any reservation although knowing the client’s terms and conditions. Individual agreements (including supplements, additions, amendments) concluded always take priority over these terms and conditions. These individual agreements must be written in a contract or confirmed by the hotel in written form.
1.5. References to statutory provisions shall serve purposes of clarification only. The statutory provisions govern – even without such clarification – unless they are directly modified in these terms and conditions or expressly excluded.
1.6. In case of a reservation through a third party (such as Hotel.de, HRS, Expedia, Booking.com, etc.) these terms and conditions only govern to the extent it is referred to them. For the rest, the terms and conditions of these third-parties apply.
2. CONCLUSION OF CONTRACT, PARTIES 2.1. The hotel and the customer are the contracting parties.
2.2. The contract shall come into force upon the hotel’s acceptance of the customer’s offer.
At its discretion, the hotel may confirm the room reservation in written form.
2.3. In case of a request / booking directly in the hotel the contract is concluded with the hotel by appropriate acceptance of an offer by the customer. The customer acknowledges that he has read the handed out or made available on site terms and conditions and has accepted them as part of the contract.
2.4. In case of an inquiry / booking through other ways of distance communication (e-mail, phone, fax) the following information besides the number of days, persons, rooms and category are required:
• address (street, postcode, place, country)
• telephone number for any inquiries, under which the customer can be reached weekdays during normal business hours
• e-mail address
Upon receipt of the inquiry / booking, the customer will receive a confirmation of receipt.
This is usually done via e-mail (if an e-mail address has been specified, otherwise via mail) and contains, in addition to the requested room / nights the terms and conditions.
The customer then has to confirm the order and the acknowledgment and acceptance of the terms and conditions.
2.5. In case of a booking through the hotel website, the customer makes a binding offer to book the pre-selected rooms for the selected period and confirms that he has read these terms and conditions and has accepted them as part of the contract by clicking on the button “zahlungspflichtig bestellen / binding order“. The contract is not concluded by the e-mail confirming the booking receipt (confirmation of receipt), but only by the separate booking-confirmation mailed to the customer (= acceptance). To place a booking through the website it is necessary to provide personal data. With regard to data protection rules, it is referred to the respective versions on the website.
2.6. The hotel will only enter into contractual relationships with adult persons.
The customer confirms that he/she has reached the age of 18 at time of placing an order.
3. SERVICES, PRICES, PAYMENT, SET-OFF 3.1.The hotel is obligated 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 or applicable hotel prices for rooms provided and for other services accepted. This also applies to services ordered by the customer directly or via the hotel, which a third party provides and the hotel disburses.
3.3. The agreed prices include all taxes and local taxes in effect at the time of the conclusion of contract. If the statutory value added tax is changed or if local taxes concerning the rooms and services are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted accordingly. In case of a thereby resulting price increase this increase applies to contracts with consumers only if the period between conclusion and fulfillment of the contract exceeds four months.
3.4. The hotel can make its consent to the customer’s later request for a reduction of the number of reserved rooms, services of the hotel or the customer’s length of stay dependent on the increase of the price for the rooms and/or for the other services.
3.5. Hotel invoices not stating a due date are payable without deduction and due within ten days of receipt of the invoice. For invoices issued earlier than four weeks prior to the booked period, the full reservation price is not due earlier than four weeks prior to the arrival.
3.6. The hotel can demand immediate payment of claims due from the customer at any time. The statutory rules concerning the consequences of default of payment apply. The hotel reserves the right to prove greater damage.
3.7. The hotel is entitled to require at the time of conclusion of the contract a first installment up to the amount of 20% of the total price, or a security for example in the form of a credit card guarantee. The amount of the advance payment and payment dates may be agreed in written form in the contract. The statutory provisions shall remain unaffected with advance payments or a security for package tours. The statutory rules concerning the consequences of default of payment apply.
3.8. In justified cases, e.g. the customer’s default in payment or expansion of the scope of the contract, the hotel shall be entitled, also after the conclusion of the contract up to the commencement of the stay, to demand an advance payment or a security within the meaning of the above-mentioned No. 3.6 or an increase of the advance payment or a security agreed in the contract up to the total agreed remuneration.
3.9. Furthermore, the hotel shall be entitled, at the commencement and during the customer’s stay, to demand a reasonable advance payment or security deposit within the meaning of the above-mentioned No. 3.8 for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned No. 3.7 and/or No. 3.8.
3.10. The customer may only set-off, reduce or clear a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.
4. WITHDRAWAL OF THE CUSTOMER (CANCELLATION, ANNULMENT)/
FAILURE TO USE HOTEL SERVICES (NO SHOW) 4.1. The customer can only withdraw from the contract concluded with the hotel, if a right of withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal exists or if the hotel gives its explicit consent to the withdrawal. The contractual agreement of a right of withdrawal as well as the consent to withdrawal from the contract shall be in written form.
4.2. Insofar as the hotel and customer have agreed upon a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal shall expire, if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
4.3. If a contractual right of withdrawal was not agreed or has expired, a statutory right of withdrawal or cancellation is not given and the hotel does not give its consent to the cancellation of the contract the agreed hotel services shall be paid regardless of whether the customer avails himself of the contractual services. The hotel must credit the income from renting the rooms to other parties as well as for saved expenses.
4.4. If the rooms are not rented otherwise, the hotel can demand the contractu-ally agreed rate and assess a lump sum for the saved expenses of the hotel. In this case, the customer is obligated to pay at least 90% of the contractually agreed rate for lodging with or without breakfast as well as all-inclusive arrangements with contracted services, 70% for half-board and 60% for full-board arrangements. The customer is entitled to prove that the above-mentioned claim has not accrued at all or has not amounted to the demanded sum.
5. WITHDRAWAL OF THE HOTEL 5.1. Insofar as it was agreed that the customer can withdraw from the contract at no cost within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period of time if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by the hotel with a reasonable deadline set, does not waive his right of withdrawal.
5.2. If an agreed advance payment or an advance payment or a security demanded pursuant to No. 3.6 and/or No. 3.7 is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.
5.3. Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, for example, if – force majeure or other circumstances beyond the hotel’s control render the fulfillment of the contract impossible; – rooms or spaces are reserved with culpably misleading or false information or concealment regarding essential facts; the identity or solvency of the customer or the purpose of his stay can constitute essential facts; – the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization; – the purpose or the cause of the stay is illegal; – there is a breach of the abovementioned No. 1.2.
5.4. The justified withdrawal by the hotel constitutes no claims for damages for the customer. No. 7 applies incidentally.
6. ROOM AVAILABILITY, DELIVERY AND RETURN 6.1. The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed.
6.2. Reserved rooms are available to the customer starting at 3:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability.
6.3. Rooms must be vacated and made available to the hotel no later than 12:00 noon on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the hotel may charge 50% of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 90%). Contractual claims of the customer shall not be established hereby. The customer is at liberty to prove that the hotel has no or a much lower claim for charges for use of the room.
7. LIABILITY OF THE HOTEL; STATUTE OF LIMITATIONS 77.1. The hotel is liable for harm inflicted on life, limb and physical health. Further it is liable for other damage caused with full intent or gross negligence or due to intentional or grossly negligent violation of obligations typical for the contract. A breach of obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or vicarious agent. All other claims for damages are excluded, if not determined differently in this No. 7.
7.2. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection by the customer made without undue delay. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.
7.3. The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions. It recommends the use of the hotel or room safe. If the guest wishes to bring with him money, securities, stocks, bonds or valuables with a value of more than 800 EUR or other things with a value of more than 3500 EUR, a separate safekeeping agreement is necessary.
7.4. Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel only assumes liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and the contents thereof only pursuant to the preceding No. 7.1, sentences 1 to 4.
7.5. Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period. This shall neither apply to damage claims nor to claims which are based on an intentional or grossly negligent breach of obligation by the hotel or its statutory representative or vicarious agent.
7.6. Wake-up calls are carried out by the hotel with the greatest possible diligence.
Messages, mail, and merchandise deliveries for guests shall be handled with care. The hotel will deliver, hold, and, for a fee, forward such items (on request). The hotel only assumes liability according to the preceding No. 7, sentences 1 to 4.
8. LIABILITY OF THE CUSTOMER; NON- TYPICAL CONTRACTUAL USE 8.1. Damage caused by a non-typical contractual use of the room and the hotel by the customer have to be reimbursed to the hotel according to the statutory provisions.
8.2. Non-typical contractual use means, unless expressly permitted by the hotel, for example, the removal of the hotel property (such as towels, bathrobes, furniture, safe), disproportionate pollution of the hotel room and or hotel facilities, vandalism, smoking (in the entire hotel and the hotel garage) and heating food.
8.3. The hotel is entitled to extra-charge subsequently a disproportionate amount of utilities (e.g. water and electricity), which exceeds the usual consumption value, supported by appropriate documentation to the customer.
9. PREVENTION OF HAZARDS; ACCESS RIGHT 9.1. In case of any indication of imminent danger to public safety and order, for example, for an impairment of the hotel property, the hotel staff are entitled to enter the hotel room, even if the costumer’s consent cannot be reached in a reasonable manner.
10. FINAL PROVISIONS 10.1. Amendments and supplements to the contract, the acceptance of offers or these general terms and conditions should be made in written form. Unilateral amendments or supplements by the customer are invalid.
10.2. For commercial transactions the place of performance and payment is Nuremberg.
10.3. If the customer is a merchant in terms of the Handelsgesetzbuch, a legal entity or a special fund under public law, the exclusive – and international – court of jurisdiction for all disputes arising from the contractual relationship, directly or indirectly arising disputes – including disputes for checks and bills of exchange – is Nuremberg. Insofar as the consumer fulfills the requirements of section 38, para. 2 of the German Code of Civil Procedure (ZPO) and does not have a place of general jurisdiction within the country, the courts at Nuremberg shall have exclusive jurisdiction.
Mandatory statutory provisions regarding exclusive jurisdiction remain unaffected by this regulation.
10.4. The contract is governed by and shall be construed in accordance with German law.
The application of the UN Convention on the International Sale of Goods and Conflict Law are precluded.
10.5. Should individual provisions of these general terms and conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.
10.6. These terms and conditions are available in different languages. Exclusively ruling (also for the interpretation) is only the German version.