GENERAL TERMS AND CONDITIONS FOR HOTEL ACCOMMODATION AGREEMENT (STAND: October 2009)
I. SCOPE
1. These Terms and Conditions govern contracts for the rental use of hotel rooms for accommodation and all services provided in this context for the client for other services provided by the hotel (Hotel Accommodation). The term "Hotel Accommodation Contract" comprises and replaces the following terms: Beherbergungs-, Guest accommodation, Hotel-, Hotel room contract.
2. Sub- or rental of the rooms and their use for purposes other than accommodation require the prior approval in writing of the hotel, where § 540 Paragraph 1 Set 2 German Civil Code is waived, if the customer is not a consumer.
3. Terms and conditions of the customer only apply, if this has been expressly agreed in writing.
II. CONTRACT, -PARTNER, STATUTE OF LIMITATIONS
1. The contract is concluded by acceptance of the application by the customer upon the hotel. The hotel is free, to confirm the room reservation in writing.
2. Contractual partners are the hotel and the customer. Has placed the order for Mom, he is liable to the hotel together with the customer and severally liable for all obligations arising from the hotel accommodation contract, if the hotel has a corresponding statement by the third party.
3. Any claims against the hotel shall be one year from the statutory limitation period. Claims for damages expire in five years, independent of knowledge, unless they result from an injury to life, the body, based health or freedom. These damage claims expire in ten years, independent of knowledge. The limitation periods shall not apply for claims, based on an intentional or grossly negligent breach of obligation.
III. SERVICES, PRICES, PAYMENT, SET-OFF
1. This hotel is committed, the booked rooms available and to render the agreed services.
2. The customer is obliged, agreed or for the rooms provided and for other services used by him. to pay applicable hotel prices. This also applies caused by the customer services and outlays to third parties. The agreed prices include the applicable rate of VAT.
3. The hotel can make its agreement to the customer's later reduction in the number of rooms booked, make the achievement of the hotel or the duration of the customer depends, that the price of the room and / or the other services of the hotels increased.
4. Hotel invoices not showing a due date are within 10 Days from receipt of invoice without deduction. The hotel may demand immediate payment of overdue receivables at any time by the customer. In default of payment, the hotel shall be entitled, the respectively applicable statutory default interest in the amount of currently 8% or. in legal transactions, where a consumer, in the amount of 5% demand above the base rate. The hotel reserves the right to prove greater damage.
5. The hotel is entitled, a reasonable advance in the contract by the customer or a security in the form of a credit card guarantee, to require an advance payment, etc.. The amount of the advance payment and payment dates may be agreed in the contract in writing. With advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.
6. In justified cases, z.B. Default in payment of the customer or extension of the contract scope, the hotel is entitled, even after the contract until the beginning of the stay an advance payment or security deposit within the meaning of the above No.. 5 to demand or an increase of the contractually agreed advance payment or security deposit until the total agreed remuneration.
7. The hotel is also entitled, at the beginning and during the customer's stay a reasonable advance payment or security deposit within the meaning of the above No.. 5 demand for existing and future claims arising from the contract, if such is not already described in the previous numbers 5 and / or 6 was made.
8. The customer may only offset or with an undisputed or legally valid claim against a claim by the hotel.
IV. CANCELLATION BY THE CUSTOMER (CANCELLATION, CANCELLATION) / FAILURE TO USE THE HOTEL (NO SHOW)
1. Cancellation by the customer of the contract concluded with the hotel requires the hotel's consent in text form. If no such, then the price agreed in the contract must be paid even, if the customer does not contractual services.
2. Unless agreed between the hotel and the customer a date for a cost-free cancellation of the contract in writing, the customer may cancel the contract up to, without payment- trigger or damage compensation claims by the. Extinguish the right of rescission, if he does not exercise his cancellation right in front of the hotel in writing by the agreed date.
3. When not used by the customer claim rooms, the hotel must apply credit for the income from renting the rooms and also for saved expenses. If the rooms are not rented to another, the hotel may demand the contractually agreed compensation and flat-rate deduction for saved expenses of the hotel. The customer is required in this case, at least 90% the contractually agreed rate for lodging with or without breakfast, 70% for half-board and 60% to pay for full-board arrangements. The customer is at liberty to, that the above-mentioned claim was not created or not created in the amount demanded.
V. CANCELLATION OF HOTEL
1. Insofar as it was contractually agreed, that the customer can withdraw within a specified period contract free of charge, the hotel during this period is entitled for its part, withdraw from the contract, if inquiries from other customers regarding the contractually reserved rooms and the customer does not waive his right to question the hotel to resign.
2. If an agreed advance payment or in accordance with Section III, points 5 and / or 6 not an advance payment or security deposit required even after a reasonable grace period set by the hotel, the hotel is likewise entitled to rescind the contract.
3. Furthermore, the hotel is entitled, for justifiable cause extraordinary cancellation of the contract, For example, if
– Make it impossible to force majeure or other circumstances beyond the hotel is not the fulfillment of the contract;
– Room or rooms culpably material contractual misleading or false information regarding facts, z.B. the identity of the customer or the purpose of his stay, are booked;
– the hotel has justified cause to believe has, that use of the hotel's services might jeopardize the smooth operation, may endanger the safety or reputation of the hotel in public,
without being attributable to the- or. Organization of the hotel is attributable;
– the purpose or. the cause of the stay is illegal;
– a violation of Section I above No.. 2 present.
4. From justified cancellation by the hotel no requirement of the customer for damages.
VI. ROOM AVAILABILITY, -DELIVERY AND RETURNS
1. The customer has no right to be provided specific rooms, unless this has been expressly agreed in writing.
2. Reserved rooms are available from the Customer 14:00 Clock on the agreed day of arrival. The customer has no right to earlier availability.
3. On the agreed day of departure the rooms are the hotel no later than 11:00 Clock cleared to provide. Afterwards the hotel, because of the delayed vacating of the room for use exceeding the contractual time to 18:00 Clock 50% the full accommodation rate (List price) to invoice, from 18:00 Clock 100%. Contractual claims are not justified. It is free, prove, that is incurred by the hotel incurred no or much lesser claim to use.
VII. LIABILITY OF THE HOTEL
1. The hotel is liable for its obligations under the contract. Customer's claims for damages are excluded. Does not include damages from injury to life, body or health, if the hotel is responsible for the breach of duty, other damages, based on an intentional or grossly negligent breach of obligation and damage, based on an intentional or negligent breach of contractual obligations typical of the hotel. A breach of obligation by a legal representative or vicarious agent. Should disruptions or defects in the performance of the hotel occur, the hotel will endeavor to knowledge or to a complaint by the customer, to remedy. The customer is obliged, the help that is reasonable, to correct the situation and to keep any possible damage.
2. Property brought into the hotel is liable to the customer in accordance with the legal provisions. Thereafter, the liability is limited to one hundred times the room rate, but not more than € 3.500,- and deviation, for cash, Securities and valuables up to a maximum of € 800,-. Money, Securities and valuables up to a maximum of € (20.000,-) Hotel- or be kept safe. The hotel recommends, To make use of this opportunity.
3. If the customer has a parking space in the hotel garage or a hotel parking lot, also paid, is provided, this does not constitute a safekeeping agreement. For loss of or damage to the hotel property parked or motor vehicles and their contents, the hotel is not liable, except for willful misconduct or gross negligence. For the preclusion of damage claims of the customer, the regulation of the above applies number 1, Sets 2 to 4 accordingly.
4. Wake-up calls are carried out with the utmost care. News, Mail, and merchandise deliveries for guests are handled with care. The hotel will deliver, Storage and - on request - for a fee forward such. For the preclusion of damage claims of the customer, the regulation of the above applies number 1, Sets 2 to 4 accordingly.
VIII. FINAL PROVISIONS
1. Changes and additions to the contract, the acceptance of these Terms and Conditions shall be made in writing. Unilateral amendments and supplements by the customer are not valid.
2. Settlement- and payment is the location of the hotel.
3. Exclusive jurisdiction - also for check- and exchange disputes - for commercial transactions is the corporate headquarters of the hotel. If a contracting party fulfills the requirements of § 38 Paragraph 2 ZPO met and has no general jurisdiction in Germany, jurisdiction shall be the corporate headquarters of the hotel.
4. German law applies. The application of the CISG and the law is excluded.
5. Should individual provisions of these General Terms and Conditions be or become invalid or void, so the validity of the remaining provisions shall not be affected. Moreover, the statutory provisions shall apply.
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