Terms & Conditions / General Terms and Conditions for the hotel accommodation contract

I. Scope

These terms and conditions apply to contracts for the rental provision of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel to the customer.

The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel, whereby section 540 (1) sentence 2 BGB is waived unless the customer is a consumer.
The customer´s terms and conditions only apply if this has been expressly agreed in writing beforehand.
 

II.Conclusion of Contract, -partner, Statute of Limitations

The contract is concluded when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in writing.

The contractual partners are the hotel and the customer. If a third party has ordered for the customer, the third party is liable towards the hotel together with the customer as joint debtors for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.

All claims against the hotel generally expire one year from the start of the knowledge-dependent period of limitation under § 199 (1) BGB.

Claims for damages become statute-barred after five years, regardless of knowledge. The limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

 

III.Services, Prices, Payment, Offsetting

The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

The customer is obligated to pay the hotel´s applicable or agreed prices for the provision of rooms and the other services used. This also applies to services and expenses of the hotel arranged by the customer to third parties.

The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally charged by the hotel for such services increases, then this can increase the contractually agreed price appropriately, but at most by 5%.

The hotel may also change the prices if the customer subsequently wishes to change the number of rooms booked, the service provided by the hotel or the length of stay of the guests and the hotel consents to this.

Hotel invoices without a due date are payable in full within 10 days of receipt of the invoice. The hotel is entitled to demand accrued claims at any time and to request immediate payment. In the event of a delay in payment, the hotel is entitled to charge the applicable statutory default interest of 8% currently or, in the case of legal transactions in which a consumer is involved, 5% above the basic interest rate. The hotel reserves the right to prove greater damage.

The hotel is entitled to request a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.

The customer can only offset or reduce an undisputed or legally binding claim against a claim by the hotel.

 

IV.Cancellation by the customer (ex: cancellation) / non-use of the hotel’s services

Cancellation by the customer of the contract with the hotel requires the hotel´s written consent. If this does not take place, the agreed price from the contract must be paid even if the customer does not use contractual services. This does not apply in the event of a customer if the customer can no longer be expected to adhere to the contract or if there is another statutory or contractual right of withdrawal.

If a data for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract until then without triggering payment or compensation claims by the hotel. The customer´s right of withdrawal expires if he does not exercise his right to withdraw from the hotel in writing by the agreed date unless the customer has withdrawn in accordance with number 1 sentence 3.

In the case of rooms not used by the customer, the hotel must credit the income from renting the rooms to others and the saved expenses.

The hotel is free to request the contractually agreed remuneration and to deduct 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, 70% for half-board, and 60% for full-board arrangements. The customer is free to prove that the above claim has not arisen or has not arisen in the required amount.
Third-party services according to booking cannot be canceled free of charge

 

V.Cancellation of the hotel

If a free right of withdrawal of the customer has been agreed in writing within a certain period, the hotel is entitled to withdraw from the contract during this period if there are requests from other customers for the contractually booked rooms and the customer does not have their right to withdraw upon request from the hotel waived.

If an agreed advance payment or the advance payment required according to Clause III No. 6 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.

Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for objectively justifiable reasons, for example:

  1. Higher forces or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract
  2. Room with misleading or false information about essential facts, for example - in the person of the customer or the purpose
  3. The hotel has reasonable grounds to believe that the use of the hotel services may endanger the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the sphere of control or organization of the hotel
  4. There is a violation of Clause I No. 2 above

If the hotel withdraws justifiably, the customer is not entitled to compensation

 

VI.Provision, handover, and return of rooms

The customer is not entitled to the provision of certain rooms.

Booked rooms are available to the customer from 3 p.m. on the agreed arrival date. The customer has no right to earlier availability.

Rooms must be vacated and made available to the hotel no later than 12:00 noon on the agreed departure date. Thereafter, due to the delay in vacating the room for use beyond the contract, the hotel can charge 50% of the full accommodation price (list price) until 6:00 p.m., from 6:00 p.m. 100%. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or significantly lower entitlement to usage fees.
 

VII.Liability of the Hotel

The hotel is liable for the care of a prudent businessman for his obligations from the contract. Customer claims for compensation are excluded. This does not include damage resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damage based on an intentional or grossly negligent breach of duty by the hotel and damage based on an intentional or negligent breach of contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. If faults or defects occur in the hotel´s service, the hotel will endeavor to remedy the situation if the customer becomes aware of it or the customer gives notice immediately. the customer is obliged to make a reasonable contribution to remedy the fault and to keep any damage to a minimum.

The hotel is liable to the customer for items brought in according to the statutory provisions, which is up to a hundred times the room price, maximum € 3,500, and for money, securities and valuables up to € 800. Money, securities and aluables can be up to a maximum of € ( Use the hotel´s insurance sum ) in the hotel or room safe. The hotel recommends that you use this option. The liability claims expire if the customer does not immediately notify the hotel after becoming aware of the loss, destruction or damage (Section 703 BGB). For further liability of the hotel, the above number 1 sentences 2 to 4 apply accordingly.

If the customer is provided with a parking space in the hotel garage or in a hotel car park, also for a fee, this does not result in a custody contract. The hotel is not liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in the case of intent or gross negligence. Number 1 sentences 2 to 4 above apply accordingly.

The hotel carries out wake-up calls with the greatest care.
Messages, mail and consignments for guests are handled with care. The hotel will take care of delivery, storage and - if requested - forwarding for a fee. Number 1 sentences 2 to 4 above apply accordingly.

"The company does not participate in dispute settlement procedures before a consumer arbitration board".

 

VIII.Final Provisions

Changes or additions to the contract, the acceptance of applications or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.

The place of fulfillment and payment is the seat of the hotel.

Exclusive place of jurisdiction - also for check and exchange disputes - is the seat of the hotel in commercial transactions. If a contractual partner fulfills the requirements of Section 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the seat of the hotel.
German law applies. The application of the UN sales law and the conflict of laws is excluded.

Should individual provisions of these general terms and conditions for hotel accommodation be or become invalid or void, this does not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply.

 
Hotel & Restaurant 'Am Alten Rhin'
Friedrich-Engels-Str. 12, 16827 Alt Ruppin, E-Mail: info@hotelaar.de
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