GENERAL TERMS AND CONDITIONS
General terms and conditions for the Hotel Accommodation Agreement
1. These terms and conditions apply to hotel accommodation contracts and all contracts for Guest provided further services and deliveries by the Hotel.
2. deviating provisions, also insofar as they are generallyterms and conditions of the guest or the orderer are not included, no application unless they are expressly accepted by the Hotel in writing.
II. conclusion of contract, - partner
1. the booking request of the guest is answered with the corresponding booking confirmation of the hotel a hotel accommodation contract (hereinafter referred to as"Contract")
2. The contractual partners are the Guest and the Hotel. If a third party accepts the booking for the guest, he shall be liable to the Hotel as purchaser together with the guest asjoint and several debtor for all obligations arising from the contract, insofar as the hotel has corresponding declaration of the buyer is available. Independent of this, each buyer is obliged to provide all information relevant to bookings, in particular the general Terms and Conditions to be passed on to the guest.
3. the subletting or subletting of the rooms provided and their use for purposes other than accommodation, require the prior consent of thewritten consent of the hotel
III. services, prices, payment, set-off
1. The Hotel is obliged to rebook the rooms booked by the Guest in accordance with theseto provide general terms and conditions and to provide the agreed services to be provided.
2. The guest is obliged to provide the services required for the provision of rooms and the prices of the other services used or agreed prices of the Hotels to pay. This shall also apply to the payment of the hotel fees by the guest or Services and expenses of the Hotel towards third parties. The agreed prices include the respective statutory turnover tax.
3. The Hotel may revoke its consent to a cancellation by the Guest after conclusion of the contract.desired reduction in the number of booked rooms, the services of the hotels or the length of the guest's stay on the condition that the Price for the rooms and/or other services provided by the Hotel increased.
4. The Hotel's invoices shall be due for payment without deduction immediately upon receipt. The Hotel may demand immediate payment of due accounts receivable from the Guest at any time demand. The Guest shall be in default at the latest if he does not pay within 30 days after the due date and receipt of an invoice; this applies to a guest who is a consumer, only if the consequences in the bill are specifically has been pointed out. In the event of default in payment, the Hotel shall be entitled to consumers default interest at a rate of 5 percentage points above the base rate calculate. In business transactions, the interest rate is 8 percentage points above the basic rate. The Hotel reserves the right to claim higher damages reserved. The Hotel may charge a reminder fee for each reminder sent after the occurrence of default of EUR 15.00.
5. The Hotel shall be entitled, upon conclusion of the contract, to charge the Guest a reasonable Advance payment of the security deposit in the form of a credit card guarantee, a to request a deposit or similar. The amount of the advance payment and the Payment dates can be agreed in writing in the contract.
6. In justified cases, e.g. payment arrears of the guest or extension of the scope of the contract, the hotel is entitled, even after the conclusion of the contract, to beginning of the stay an advance payment or security deposit in the sense of the preceding paragraph 5 or an increase of the advance payment agreed in the contract or to demand security up to the full agreed remuneration.
7. the Hotel is further entitled, at the beginning and during the stay, to demand from the Guest a reasonable advance payment or security deposit in the sense of the above (5) for existing and future claims arising from the contract,
insofar as this has not already been done in accordance with the above paragraph 5 and/or paragraph 6 has already been made.
8. the guest can only be accepted with an undisputed or legally binding set off a claim against a claim of the Hotel.
IV. Withdrawal of the Guest, Cancellation
The Hotel shall grant the Guest the right to withdraw from the contract at any time. The following shall apply
the following provisions:
a) In the event that the guest withdraws from the booking, the hotel is entitled to appropriate compensation.
b) The hotel has the choice to charge the guest a reasonable compensation instead of a concretely calculated Compensation Compensation in the form of a lump-sum indemnity claimed to do. The lump sum compensation amounts to 90% of the contractually agreed Price of accommodation with or without breakfast, 70% of the contractually agreed Price for overnight stay with full board arrangements. The guest can use the the hotel or the damage incurred by the hotel, the hotel is entitled to damage is lower than the compensation lump sum claimed. c) If the hotel specifically calculates the compensation, the amount of the compensation not exceeding the amount of the contractually agreed price for the Hotel, deducting the value of the services to be provided by the Hotel expenses as well as what the hotel has incurred through other uses of the hotel service.
d) The above provisions on compensation shall apply accordingly if the guest does not use the booked rooms without informing the hotel in time, not in claim.
e) If the Hotel has granted the Guest an option, within a certain period to withdraw from the contract without further legal consequences, the hotel has no Right to compensation. Decisive for the timeliness of the Cancellation notice is its receipt by the Hotel. The Guest must submit the withdrawal in writing.
V. Rescission by the Hotel
1. If the guest has been granted a right of withdrawal free of charge according to section IV, paragraph 3 the hotel is also entitled to withdraw from the contract within the agreed period. To withdraw from the contract if requests from other guests and customers for the booked rooms and are available and the guest, upon request by the hotel, can use his free right of rescission pursuant to section IV, paragraph 3.
2. If an agreed or above in accordance with number III paragraph 4 and/or 5 Advance payment or security deposit even after expiry of a period of time set by the hotel the hotel shall also be liable to pay the hotel a reasonable additional withdrawal from the contract. Furthermore, the Hotel shall be entitled to rescind the contract for good cause, in particular if
- force majeure or other circumstances for which the Hotel is not responsible make fulfilment of the contract impossible;
- rooms under misleading or false statement of material facts, e.g. of the guest or purpose;
- the Hotel has reasonable cause to believe that the use of the rooms the smooth running of the hotel, the security or reputation of the hotel in the public eye, without this jeopardising the is attributable to the hotel's sphere of control or organisation;
- unauthorised subletting or re-letting within the meaning of clause II, paragraph 3exists;
- there is a case as defined in clause VI, paragraph 3;
- the Hotel learns of circumstances that the financial circumstances of the Hotel of the Guest after the conclusion of the contract have significantly deteriorated, in particular if the guest does not settle due claims of the hotel ordoes not provide a sufficient
3. Guarantee and therefore payment entitlementsdoes not provide a sufficient guarantee and therefore payment entitlements of the hotel appear to be at risk;
- the guest, through his or her assets, submits a request for the opening insolvency proceedings, an affidavit in accordance with § 807 code of civil procedure, an extrajudicial one for the settlement of debts or has suspended payments;
- has opened insolvency proceedings over the assets of the guest or opening of the same is refused for lack of assets.
4. The Hotel shall immediately inform the Guest of the exercise of the right of rescission in writing.
5. In the aforementioned cases of withdrawal, the guest has no right to compensation.
VI. arrival and departure
1. the guest does not acquire the right to the provision of certain rooms, unless because, the Hotel has confirmed in writing that certain rooms are available.
2. booked rooms are available to the Guest from 15.00 hrs on the agreed day of arrival available. The guest has no right to earlier provision.
3. booked rooms are to be vacated by the guest by 18.00 hours of the agreed days of arrival. Unless a later date of arrival is expressly arrival time has been agreed, the hotel has the right to cancel booked rooms after 18.00 o'clock, without the guest deriving any claims for compensation from this can. The Hotel shall have a right of rescission in this respect.
4. on the agreed day of departure, the rooms shall be returned to the Hotel no later than 12.00 noon on the agreed day of departure. To be made available after the event. The Hotel may then use the information provided to it by for the additional use of the room until 18.00 hours charge the daily room price, from 18.00 h 100% of the full valid Price of accommodation. The guest is at liberty to prove to the hotel that he/she is not entitled or a substantially lower damage has been incurred.
VII Liability of the Hotel, Limitation Period
1) Should disruptions or defects occur in the services of the hotel, the hotel will the Hotel shall endeavour to remedy the situation upon the immediate notification of the Guest. If the Guest culpably omits to notify the Hotel of a defect, this shall result in claim for reduction of the contractually agreed remuneration.
2) The Hotel shall be liable in accordance with the statutory provisions for all damage arising from injury to life, body and health and in the event of the takeover of a Guarantee on the part of the Hotel and in the event of fraudulently concealed defects.
3) For all other damage not covered by Clause XII, Paragraph 2 and caused by slight negligent conduct of the hotel, its legal representatives or its vicarious agents, the Hotel shall only be liable if such damage is attributable to the breach of an essential contractual obligation or a cardinal obligation in a the purpose of the contract is endangered. In such cases the Liability is limited to the foreseeable damage typical for the contract.
4) The above limitations of liability apply to all Claims for damages irrespective of their legal basis including Claims arising from tort. The above limitations of liability and exclusions also apply in cases of any claims for damages by a guest against employees or vicarious agents of the Hotel. They do not apply in the cases of liability for a defect after the assumption of a guarantee for quality of an item or a work, in the case of fraudulently concealed defects or in the event of personal injury.
5) The Hotel shall be liable to the Guest for any items brought to the Hotel in accordance with the statutory provisions, i.e. up to one hundred times the accommodation price, but not exceeding but up to EUR 3,500.00. For valuables (cash, jewellery etc.) the Liability limited to EUR 800.00. The hotel recommends to make use of the possibility of storage in the room safe or central hotel safe.
6) If the guest has a parking space in the hotel garage or in a hotel car park, is made available to the customer, even against payment, this does not result in custody contract. There is no obligation of the hotel to supervise. At Loss of or damage to items parked or stored on the hotel property shunted motor vehicles and their contents, the Hotel shall not be liable to the extent that the Hotel its legal representatives or its vicarious agents are not guilty of intent or gross negligence negligence. In this case the damage must be reported at the latest at the If the Customer leaves the Hotel premises, a claim may be asserted against the Hotel.
7) Wake-up orders shall be executed by the Hotel with the greatest care. Claims for damages, except in cases of gross negligence or wilful misconduct excluded.
8) Messages, mail and consignments of goods for the guests will be handled with care. treated. The hotel takes care of delivery, storage and - if requested - for a fee, the forwarding of the same and, on request, also for lost property. Claims for damages, except in cases of gross negligence or intent, are excluded. The Hotel shall be entitled, after one month at the latest retention period, charging a reasonable fee, the to the local lost property office.
9) the guest's claims for damages shall become statute-barred at the latest after two years from the time at which the guest becomes aware of the damage, or without Taking this knowledge into account, at the latest after three years from the date of
damaging event. This does not apply to the liability for damages from injury to life, body or health and for other damages which on an intentional and grossly negligent breach of duty by the hotel, a legal representative or vicarious agent of the Hotel.
VIII. final provisions
1. Amendments or additions to the contract, the acceptance of applications or this General terms and conditions for hotel accommodation should be in writing. Unilateral amendments or additions by the Guest are invalid. To the Respect of the terms and conditions set out in these general terms and conditions. It is also sufficient to submit the corresponding declaration by Fax or e-mail.
2. Place of performance and payment is the Hotel's registered office.
3. Place of jurisdiction is - if the Hotel's contractual partner is a merchant or legal entityis a person under public law - is the registered office of the hotel or, at the hotel's option Frankfurt am Main. Unless the contracting party of the Hotel has a general. If the Hotel has a place of jurisdiction in Germany, the place of jurisdiction shall be the Hotel's registered office. The Hotel is however, is entitled to bring actions and other legal proceedings also in the general jurisdiction of the guest.
4. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
5. Should individual provisions of these General Terms and Conditions of Business for the hotel accommodation be or become invalid or void, this will render the effectiveness of the remaining provisions shall not be affected. For the rest, the legal regulations.
Status: January 2011