Terms and conditions
OUR GENERAL TERMS AND CONDITIONS
General Terms and Conditions for the Hotel Accommodation Contract
1. These Terms and Conditions apply for all contracts regarding the rental of hotel rooms for accommodation purposes and for all further hotel services and deliverables provided by the hotel.
2. Sub-leasing or sub-letting of the rooms, or their use for purposes other than accommodation, requires the prior written consent of the hotel, with Section 540, Sub-section 1, Sentence 2 BGB being waived where the customer is not a consumer.
3. The customer’s terms and conditions of business shall only apply when this has previously been expressly agreed in writing.
II. Conclusion of the Contract, Partners, Limitation Periods
1. The contract comes into being with the hotel’s acceptance of the customer’s request. The hotel is free to confirm the booking in writing.
2. The contracting parties are the hotel and the customer. Where a third party has made the reservation on behalf of the customer, he shall be jointly and severally liable, together with the customer, for all obligations arising from the hotel accommodation contract, unless the hotel is in possession of a corresponding declaration by the third party.
3. All claims against the hotel become generally time-barred one year from the beginning of the notified regular limitation period as laid down in Section 199, Sub-section 1 German Civil Code (BGB). Compensation claims become time-barred, regardless of knowledge, in five years. The reduction of limitation periods shall not apply for claims relating to an intentional or grossly negligent violation of obligations on the part of the hotel.
III. Services, Prices, Payment, Offsetting
1. The hotel is obliged to make the room booked by the customer available in accordance with the General Terms and Conditions, and to perform the agreed services.
2. The customer is obliged to pay the hotel the valid or agreed price for the provision of the room and for any other services of which he avails. This shall also apply for any services or outlay of the hotel to third parties on the instructions of the customer.
3. The agreed prices shall include the respective VAT. Should the period between the conclusion of the contract and the performance exceed four months, and the price generally charged by the hotel for services of this kind be increased, this can raise the contractually-agreed price accordingly, at most, however, by 10%.
4. Furthermore, the hotel can amend the prices when the customer subsequently requests changes in the number of rooms booked, the services to be provided by the hotel or the duration of the guests’ stay, and the hotel agrees.
5. Invoices from the hotel not displaying a payment date are payable within 10 days of receipt, without deductions. The hotel is entitled to declare accumulated outstanding sums due for payment at any time and demand immediate settlement. In the case of default of payment, the hotel is entitled to demand the respective statutory default interest currently amounting to 8 %, or, in the case of legal transactions involving a consumer, to 5% above the base lending rate. The hotel reserves the right to prove that it has incurred higher losses. The hotel can charge EUR 5 for each reminder following the occurrence of default.
6. At the time of conclusion of the contract or thereafter, the hotel is entitled to demand an appropriate advance payment or security, taking the legal stipulations applying to package trips into account. The level of the advance payment, and the payment date, can be agreed in writing in the contract. Furthermore, the hotel is entitled, at any time, to declare outstanding sums accumulated during the guest’s stay in the hotel due for payment, and demand immediate settlement.
7. The customer can set off or reduce a sum due to the hotel only against an undisputed or legally-binding claim.
IV. Withdrawal on the Part of the Customer (e.g. Rescinding, Cancellation) / Nonavailment of the Services of the Hotel
1. The customer’s withdrawal from a contract concluded with the hotel must be approved in writing by the hotel. Should this not ensue, the contractually-agreed price must be paid, even if the customer does not avail of the contractual performance. This shall not apply in the event of infringement of the hotel’s obligations to consider the rights, objects of legal protection and interests of the customer, when same cannot reasonably be expected to uphold the contract or is protected by another statutory or contractual right of withdrawal.
2. Where a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract up to this point, without activating payment or compensation claims for the hotel. The customer’s right of withdrawal expires when he has not exercised his right of withdrawal in writing vis-a-vis the hotel by the agreed date, unless the case concerns the customer’s withdrawal in accordance with No. 1, Sentence 3.
3. The hotel shall be obliged to allow the income from alternative rental of the room and the costs not incurred for rooms not occupied by the customer.
4. The hotel shall be free to demand the contractually-agreed remuneration and to specify a fixed-rate deduction for costs not incurred. In this case, the customer is obliged to pay 90% of the contractually-agreed price for overnight stays in the period booked. Excepted from this are bookings with so-called “non-refundable” rates.
V. Withdrawal on the Part of the Hotel
1. Where a right of withdrawal within a certain period, at no charge, has been agreed with the customer in writing, the hotel, in turn, is entitled to withdraw from the contract when other customers request the contractually-booked rooms and the customer, upon inquiry by the hotel, does not forgo his right of withdrawal.
2. If an advance payment agreed or demanded pursuant to Clause III, No. 6 has not been furnished by the time of expiry of an appropriate period of grace granted by the hotel, the hotel shall also be entitled to withdraw from the contract.
3. Furthermore, the hotel has an entitlement to extraordinary withdrawal from the contract on material grounds, for example when
o force majeure or other circumstances not within the sphere of responsibility of the hotel make honouring the contract impossible;
o rooms are booked under misleading of false pretences regarding essential facts, e.g. about the person of the customer or the purpose;
o the hotel has well-founded grounds to believe that the customer’s availing of the hotel performance would endanger the smooth running or security of the business or the public standing of the hotel, without this being within the domain or organisational sphere of the hotel;
o a breach of Clause I, No. 2 applies.
o the hotel becomes aware of the fact that the guest’s financial circumstances have seriously deteriorated since conclusion of the contract, in particular when the guest does not settle outstanding bills from the hotel or does not offer adequate security and therefore the hotels payment claims are endangered;
o the guest has applied for the opening of insolvency proceedings with regard to his assets, has sworn an affidavit pursuant to Section 807 Code of Civil Procedure (ZPO), out-of-court debt regulation proceedings have been instigated or he has ceased making payment;
o insolvency proceedings have been opened with regard to the assets of the guest or the opening has been rejected on the grounds of lack of assets or for other reasons.
4. In the case of legitimate withdrawal on the part of the hotel, the customer shall have no entitlement to compensation.
VI. Availability, Handover and Return of the Room
1. The customer shall not acquire any entitlement to a specific room.
2. Booked rooms are available to the customer as of 15.00 h on the agreed arrival date. The customer shall have no entitlement to earlier availability.
3. On the agreed departure date, the room is to be available to the hotel, vacated, by 11:00 h at the latest. Thereafter, if the room is vacated later, the hotel can charge 50 % of the accommodation price (list price) for overstays up to 18.00 h, from 18.00 h onwards, 100 %. This does not constitute grounds for contractual entitlements on the part of the customer. He shall have the right to provide proof that the hotel has no claim, or a considerably lower claim, to a charge for use.
VII. Liability of the Hotel
1. The hotel shall be liable with the care of a prudent businessman for his obligations arising from the contract. Claims to compensation on the part of the customer are excluded. An exception to this is constituted by losses arising from injury to life or limb or health, when the hotel is responsible for the violation of obligations, other losses resulting from intentional or grossly-negligent violation of obligations by the hotel and losses resulting from an intentional or grossly-negligent breach of the obligations of the hotel typical for contracts of this kind. A violation of obligations by a legal representative of the hotel or a vicarious agent shall have the same status as a violation of obligations by the hotel itself. Should disruptions or shortcomings occur in the hotel’s performance, the hotel shall strive to take remedial action as soon as it becomes aware of the fact, or in response to an immediate complaint by the customer. The customer is obliged to take all reasonable measures to eliminate the disruption and limit possible damage.
2. With regard to items brought into the hotel by the customer, the hotel shall only be liable in compliance with the statutory stipulations, i.e. up to 100 times the room price, EUR 3,500 at most. Money, securities, stocks and bonds and valuables can be stored in the hotel safe or room safe up to a maximum value of EUR 3,500. The hotel recommends availing of this option. The liability claim becomes null and void if the customer fails to notify the hotel as soon as he becomes aware of the loss, destruction or damage (Section 703 BGB). For further-reaching liability of the hotel, the above No. 1, Sentences 2 to 4 shall apply accordingly.
3. Where the customer is provided with a parking space in the hotel garage or a hotel car park, even for a fee, this does not constitute a contract of safe custody. In the event of loss or damage to vehicles parked or moved on the hotel site, and their content, the hotel shall not be liable, except in the case of wilful intent or gross negligence. In this event, the damage is to be reported to the hotel by the time of departure from the hotel site, at the latest. The above No. 1, Sentence 2 to 4 shall apply accordingly.
4. Wake-up calls will be executed by the hotel with the greatest of care. Messages, post and parcels for the guest will be treated with care. The hotel assumes the delivery, storage and – on request – for a fee, the forwarding of same. The above No. 1, Sentence 2 to 4 shall apply accordingly.
VIII. Final Provisions
1. Amendments or additions to the contract, the acceptance confirmation or these Terms and Conditions for Hotel Accommodation should ensue in writing. Unilateral amendments or additions by the customer are invalid.
2. Place of performance and place of payment shall be the business address of the hotel.
3. Exclusive court of jurisdiction – including for disputes relating to cheques and payables – shall be, in commercial transactions, the business address of the hotel. Should one of the parties to the contract meet the requirements laid down in Section 38, Sub-section 2 ZPO, and have no general court of jurisdiction in this country, the business address of the hotel shall be considered the court of jurisdiction.
4. German law shall be applicable. The application of the UN CISG and conflict of laws is excluded.
5. Should individual provisions in these Terms and Conditions for Hotel Accommodation be or become invalid, the validity of the remaining provisions shall remain unaffected. For the rest, the statutory stipulations shall apply.
Frankfurt am Main, February 2018