1
Scope
1.1
These General Business Terms and Conditions apply to contracts on the provision
for rental use of hotel rooms for lodging and to all other services and
supplies provided to the customer by the hotel in this connection (Hotel
Accommodation Contract). The term “Hotel Accommodation Contract” encompasses
and replaces the following terms: lodging, guest accommodation, hotel and hotel
room contract.
1.2
The sub-letting and re-letting of the rooms provided for use and the use
thereof for any purposes other than those of lodging is subject to the prior
consent of the hotel in text form, whereby section 540 (1) sentence 2 German
Civil Code (BGB) is excluded insofar as the customer is not a consumer as
defined in section 13 BGB.
1.3
General Standard Terms and Conditions of the customer shall only be applicable
if this is explicitly agreed in text form in advance.
2
Concluding the contract, contract parties, statue of limitations
2.1
The hotel and the customer are the parties to the contract. The contract is
concluded by acceptance by the hotel of the application made by the customer.
The hotel can confirm the room reservation in text form at its discretion.
2.2
All claims against the hotel shall become statute-bound in principle one year
after commencement of the statutory limitation period. This does not apply to
claims for damages or other claims if the latter are based on an intentional or
grossly negligent breach of duty of the hotel.
3
Services, prices, payment, offset
3.1
The hotel is obliged to keep the rooms reserved by the customer available and
to render the services agreed.
3.2
The customer is obliged to pay the hotel’s prices that are agreed for or
applicable to the provision of the room for use and to other services used by
the customer. This also applies to services ordered by the customer either
directly or through the hotel which are performed by third parties and paid for
in advance by the hotel.
3.3 The prices agreed are inclusive of the taxes and local taxes applicable at the time when the contract is concluded. They do not include local taxes such as local visitor’s tax [Kurtaxe] which the guest himself or herself owes under local law.
The
prices shall be adjusted accordingly in the event of changes to the statutory
value added tax or of the introduction, change or elimination of local taxes on
the subject matter of the contract after the contract has been entered into. In
the case of contracts with consumers, this only applies if the period of time
elapsing between the date of conclusion of the contract and the date of
performance of the contract is longer than four months.
3.4
The hotel may make its consent to a request made retrospectively by the
customer to reduce the number of rooms reserved, the services provided by the
hotel or the duration of the customer’s stay dependent upon reasonably
increasing the price of the rooms and/or of the other services of the hotel.
3.5
The hotel invoices are due and payable immediately upon receipt without any
deductions being made. The hotel can at any time demand immediate payment due
by the customer. Legal provisions apply to delay in payment by the customer.
The hotel retains the right to assert a claim for greater damage.
3.6
When the contract is entered into, the hotel has the right to request a
reasonable advance payment or security from the customer, for example in the
form of a credit card guarantee. The amount of the advance payment and the payment
dates can be agreed in the contract in text form. In the event of advance
payments or security for package travel, the provisions of statute shall remain
unaffected. The provisions of statute shall apply in the event of late payment
by the customer.
3.7 In
justified cases, for example if the customer is in arrears in payment or if the
scope of the contract is extended, the hotel has the right to demand, even
after the contract has been concluded up until the time when the residence
commences, advance payment or security as set out in subsection 3.6 above or an
increase in the amount of the advance payment or security agreed in the
contract up to the full amount of the remuneration agreed.
3.8
Further, the hotel has the right to request, at the beginning and during the
course of the customer’s stay, a reasonable advance payment or security within
the meaning of subsection 3.6 above for existing and future claims under the
contract, insofar as no such payment or security has already been made or
provided pursuant to subsection 3.6 and/or 3.7 above.
3.9
The customer may only offset or net out an undisputed claim or a claim
established by final and absolute court decision against a claim of the hotel.
4
Revocation by the customer (countermand, cancellation) / no show
4.1 It
is only possible for the customer to revoke the contract concluded with the
hotel if a revocation right has been explicitly agreed in the contract, if
there is a statutory revocation right or if the hotel explicitly consents to
the cancellation of the contract. The agreement to grant a revocation right as
well as any consent of cancellation of the contract must be in text form.
4.2 If
the hotel and the customer have agreed upon a deadline for revocation of the
contract free of charge, the customer may revoke the contract up until that
date without triggering any claims for payment or damages by the hotel. The
customer’s revocation right expires if by the agreed deadline he does not
exercise the right to revoke.
If no
revocation right has been agreed or if it has already expired, and if there is
no statutory right of revocation or termination and if the hotel does not agree
to the cancellation of the contract, then the hotel retains its entitlement to
the remuneration agreed although the service was not used. The hotel shall
offset income from otherwise letting the rooms and saved expenditures. If the
rooms are not otherwise let, the hotel can apply a flat rate for the saved
expenditures. In this case the customer is obliged to pay 90% of the
contractually-agreed price for overnight accommodation with or without
breakfast and for package deals with third party services, 70% for half board
and 60% for full board. The customer is at liberty to demonstrate that the
above claim did not arise or not in the amount claimed.
5
Revocation by the hotel
5.1 If
it has been agreed that the customer may revoke the contract free of charge
within a certain period, then the hotel has, for its part, the right to revoke
the contract within this period if inquiries are made by other customers
relating to the contractually reserved rooms and if the customer does not waive
its revocation right after an inquiry is made and a reasonable period of time
set by the hotel.
5.2
The hotel also has the right to revoke the contract if an advance payment or
security agreed or required in accordance with subsection 3.6 and/or subsection
3.7 has not been paid after an appropriate period of grace set by the hotel has
expired.
5.3
Further, the hotel has the right, for an objectively legitimate reason, to
revoke the contract for extraordinary grounds, in particular in the event of
- Force majeure
or other circumstances for which the hotel is not responsible, which
render performance of the contract impossible
- Rooms being
reserved by culpably providing material facts that are wrong or misleading
or by failing to provide material facts; in this context the term
“material” can mean the identity of the customer, the customer’s ability
to pay or the purpose of the residence
- The hotel
having reasonable grounds to assume that the use of the service can
jeopardize the smooth running of the business, the safety or public
reputation of the hotel without this being attributable to the area of
responsibility or organization of the hotel
- The purpose of
or the reason for the stay being in violation of the law
- A breach of
subsection 1.2.
5.4
Revocation by the hotel that is justified does not give the customer the right
to claim damages.
Making
the room available, handover and return
6.1
The customer does not acquire a right to the provision of specific rooms unless
this has been explicitly agreed.
6.2
The reserved rooms shall be available for use by the customer with effect from
3:00 p.m. on the agreed date of arrival. The customer has no right to earlier
availability.
6.3
The rooms shall be vacated and available for use by the hotel by 12:00 noon at
the latest on the agreed departure date. After this time, as the room was
vacated late, the hotel has the right to charge for the room use exceeding that
which was contractually agreed in an amount of 50% of the full accommodation
price up until 6:00 p.m. and in an amount of 90% after 6:00 p.m. This does not
give rise to contractual rights of the customer. The customer is at liberty to
demonstrate that the hotel did not acquire a claim for compensation for use or
acquired a significantly lower claim.
7
Liability of the hotel
7.1
The hotel is liable for damage for which it is accountable resulting from
injury to life, body or health. It is further liable for other damage which is
based on an intentional or grossly-negligent breach of duty of the hotel or on
an intentional or negligent breach of duties of the hotel typical of the type
of contract. A breach of duty of a statutory representative or person engaged
in performance of an obligation of the hotel is equivalent to a breach of duty
of the hotel. More far-reaching claims for damages are excluded unless
otherwise provided for in this Section 7. If there should be any disruptions or
deficiencies in the services of the hotel, the hotel shall endeavor to remedy
this when it has knowledge thereof or upon a complaint being made without undue
delay by the customer. The customer is obliged to contribute what it can be
reasonably expected to contribute in order to remedy the disruption and
minimize possible damage.
7.2
The hotel is liable to the customer in accordance with the provisions of
statute for items brought with the customer. The hotel recommends the use of
the hotel or room safe. If the customer wishes to bring with him or her money,
securities or valuables valued at over Euro 800 or other property items valued
at over Euro 3,500, a separate safekeeping agreement must be entered into with
the hotel.
7.3 If
the customer is provided with a parking space in the hotel garage or in the
hotel parking lot, even if this is for payment, a custody contract is not
concluded as a result. If cars parked or driven on the hotel premises or the
contents thereof are lost or damaged, the hotel is only liable in accordance
with sentences 1 to 4 of subsection 7.1 above.
7.4 Wake-up calls are made with great care by the hotel.
Messages,
mail and other deliveries for customers are treated with care. The hotel will
also store, deliver and, upon request and for a fee, forward messages, mail and
other deliveries. In this connection the hotel is only liable in accordance
with sentences 1 to 4 of subsection 7.1 above.
§ 8 Final Provisions
8.1
Modifications and supplements to the contract, to acceptance of the application
and to these General Standard Terms and Conditions shall be made in text form.
Unilateral changes or supplements are ineffective.
8.2
The place of performance and payment as well as exclusive jurisdiction over
commercial transactions – including over disputes relating to checks and bills
of exchange is (Hamburg, Bremenhaven or Schwerin). If the customer meets the
condition of section 38 (2) German Code of Civil Procedure (ZPO) and does not have
a general place of jurisdiction in Germany, the court of (Hamburg, Bremerhaven
or Schwerin) shall have jurisdiction and venue.
8.3
German law shall apply. The application of the UN Convention on Contracts for
the International Sale of Goods is excluded.
8.4
Should individual provisions of these General Standard Terms and Conditions be
or become void, the validity of the remaining provisions hereof shall in no way
be affected. In all other respects statutory provisions shall apply.
Version: October 2021