GENERAL TERMS & CONDITIONS FOR HOTEL ACCOMMODATION CONTRACTS
I. SCOPE OF APPLICABILITY
1. These Terms and Conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services of the hotel.
2. Any subletting or sharing of the rented rooms or any use which differs from the usual accommodation purposes require prior written approval of the hotel whereby § 540 section 1 sentence 2 German Civil Code (BGB) is waived insofar as the customer is not a consumer.
3. The customer’s general terms and conditions shall apply only if these are previously expressly agreed in writing.
II. CONCLUSION OF CONTRACT, LIABILITY, STATUTE OF LIMITATIONS
1. The contract shall come into force upon the hotel’s acceptance of the customer’s application. At its discretion, the hotel may confirm the room reservation in writing.
Should the internal booking of the hotel deviate from the customer’s required application/booking in one or more points, the contents of hotel confirmation of reservation are considered to be part of the valid contract, in as far as the customer does not object immediately, but at the latest upon check-in of the guest.
2. All offers on the part of the hotel are non-binding. Offers made by mail, e-mail or fax have a maximum validity of seven days.
3. The parties to the contract are the hotel and the customer. If a third party placed the order on behalf of the customer, then that party shall be liable vis-à-vis the hotel for all obligations arising from the hotel accommodation contract as joint and several debtor together with the customer, insofar as the hotel has a corresponding statement by the third party.
4. Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations dependent upon knowledge of § 199 section 1 German Civil Code. Damage claims shall be time-barred after five years, independent of knowledge. The reduction of the statute of limitation periods shall not apply for claims which are based on an intentional or grossly negligent breach of obligation by the hotel.
III. SERVICE, PRICES, PAYMENT, SET-OFF AND OTHERS
1. The hotel is obliged to keep the rooms reserved by the customer available and to render the agreed services.
2. The customer is obligated to pay the applicable or agreed hotel prices for rooms provided and for other services used. This shall also apply to the hotel’s services and outlays to third parties caused by the customer.
3. The agreed prices include the applicable value-added tax as required by law. If the period between conclusion and fulfilment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, then the hotel may raise the contractually agreed price to a reasonable extent but not, however, by more than 5%.
4. Moreover, the hotel may change prices if the customer later wishes to make changes in the number or reserved rooms, the hotel’s services, or the length of the guest’s stay and the hotel consents to such changes.
5. Hotel invoices not showing a due date are payable and due in full immediately on receipt without deduction. The hotel shall be entitled at any time to make accumulating accounts receivable payable and to demand payment without undue delay. On default of payment, the hotel shall be entitled to demand the respectively applicable statutory default interest to the amount of currently 8 %, or for legal transactions with a consumer, to the amount of 5 % above the base interest rate. The hotel reserves the right to prove greater damage.
6. The hotel is entitled to require a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, observing the legal provisions for package tours. The amount of the advance payment and payment dates may be agreed in writing in the contract.
7. The customer may only set off or reduce a claim by the hotel with a claim that is undisputed or decided with final res judicata effect.
8. Animals or pets may only be admitted with prior consent of the hotel and at an additional charge. Animals of pets may not be taken into the wellness area or any other designated areas.
9. All items of lost property may be forwarded upon request and against payment of transport costs. The storage period for lost property is six months.
10. On application for several persons and in the case of group, travel, seminar or conference events the final number of persons and if possible the list of participants shall be submitted to the hotel latest three days prior to begin of the event. Political events must be clearly indicated on application.
IV. REPUDIATION BY CUSTOMER (I.E. CANCELLATION, ANNULMENT / FAILURE TO USE HOTEL SERVICES
1. Cancellation by the customer of the contract concluded with the hotel requires the hotel’s written consent. If such is not given, then the price agreed in the contract must be paid even if the customer does not avail himself of the contractual services. This shall not apply to the breach of obligation of the hotel to take into account the rights, objects of legal protection and interests of the customer, of holding to the contract is no longer reasonable or another statutory or contractual cancellation right exists.
2. To the extent the hotel and customer agreed in writing upon a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of cancellation shall expire if he does not exercise his cancellation right in writing vis-à-vis the hotel by the agreed date, insofar as the case pursuant to No. 1 sentence 3 as above exists.
3. If rooms are not used by the customer, the hotel must apply credit for the income from renting the rooms to other parties and also for saved expenses.
4. At its discretion, the hotel may demand the contractually agreed compensation and make a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay at least 90 % of the contractually agreed rate for lodging with or without breakfast. 70 % for room and half-board and 60 % for room and full-board arrangements. The customer is at liberty to show that the claim mentioned above was not created or not created in the amount demanded. Cost-free cancellation pursuant to successful booking is possible up to six weeks prior to arrival. After that the following conditions apply to cancellations:
42 – 28 days prior to arrival: 20 % of accommodation price
27 – 21 days prior to arrival: 40 % of accommodation price
20 – 14 days prior to arrival: 60 % of accommodation price
14 – 00 days prior to arrival: 80 % of accommodation price
For group travel agreements (group size over eight persons) cost-free cancellations may be made up to 56 days prior to arrival; thereafter following conditions apply to cancellations:
56 – 35 days prior to arrival: 40 % of accommodation price
34 – 21 days prior to arrival: 60 % of accommodation price
20 – 00 days prior to arrival: 80 % of accommodation price
The standard reservation shall be maintained by the hotel principally until 06.00 pm local time. In the case of a no-show until 06.00 pm local time the reservation shall be cancelled. Any claim to accommodation shall no longer exist. In the case of a no-show the hotel may consider this a chargeable cancellation on the part of the customer and the hotel therefore has right to payment of 80 % of the full amount. Should arrival only be possible after 06.00 pm local time, the customer must inform the hotel of the estimated time of arrival and gain confirmation of this information from the hotel. In this case the hotel may demand the credit card details of the customer to ensure arrival and guarantee reservations.
The guaranteed reservation shall be upheld for the whole night. In the case of late arrival or no-show the hotel has the right to charge for the cost of accommodation.
V. REPUDIATION BY HOTEL
1. To the extent that a right of cost-free cancellation within a certain period was agreed in writing from the customer, the hotel is entitled for its part to cancel the contract during that period if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not waive his right of withdrawal upon inquiry thereof by the hotel.
2. If an agreed advance payment or an advance payment demanded pursuant of Section III, No. 6 as above is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to cancel the contract.
3. Moreover, the hotel is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause e.g. in the case of
• Force majeure or other circumstances for which the hotel is not responsible making it impossible to fulfil the contract;
• Rooms are reserved with misleading or false information regarding material facts, such as the identity of the customer or the purpose;
• The hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization;
• There is a breach of Section I No. 2 as above.
4. The customer cannot derive any right to compensation from any justified cancellation by the hotel.
VI. ROOM AVAILABILITY, DELIVERY AND RETURN
1. The customer does not acquire the right to be provided with specific rooms.
2. Reserved rooms are available to the customer starting 3.00 pm on the agreed arrival date. The customer does not have the right to earlier availability.
3. Rooms must be vacated and made available to the hotel no later than 11.00 am on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the hotel may charge 50 % of the full accommodation rate for the additional use of the room until 6.00 pm and after 6.00 pm 100 % (list price). Any contractual claims by the customer are not established herewith. The customer is at liberty to show the hotel that it thus incurred no, or much lesser, claim to use damages.
VII. LIABILITY OF THE CUSTOMER
The contractual partner accepts unlimited liability for all damages suffered by the Hotel Moselpark GmbH as a result of damage incurred by himself or his guests. In the event of the loss of keys incurred by the customer or contractual partner this results in the liability for the replacement of the locking system. The customer or contractual partner is liable for any damages for the hotel caused by the false alarm of emergency services (fire service, police, etc.). The same applies to any damages incurred by the blocking of emergency access routes for ambulances and emergency services.
VIII. LIABILITY OF THE HOTEL
1. The hotel is liable to exercise the duty of care of an ordinary merchant with the performance of its obligations arising from the contract. Claims of the customer for reimbursement of damages are precluded. Only such are excluded which result from injury to life, body or health and when the hotel is responsible for the breach of the obligation, other damage which is caused from an intentional or grossly negligent breach of obligation and damage which is caused from an intentional or negligent breach of obligation of the hotel which are typical for the contract. A breach of obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or employee. If disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection of the customer without undue delay. The customer shall be obliged to undertake actions reasonable for him in order to eliminate the disruption and to keep any possible damage at a minimum.
2. The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, not to exceed €3,500. Not included in this are cash, securities and valuables. In this case the hotel is liable for a maximum amount of € 2,500 when such was stored in the hotel safe. The hotel recommends that guests utilize this possibility. Liability claims expire unless the customer notifies the hotel immediately after gaining knowledge of the loss, destruction, or damage (§703 German Civil Code). With regard to more extensive liability of the hotel No. 1 sentences 2 – 4 as above shall apply respectively.
3. Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel assumes no liability for loss or damage to motor vehicles parked or manoeuvred on the hotel’s property, nor the contents thereof. No. 1 sentences 2 – 4 as above shall apply respectively.
4. Wake-up calls are carried out by the hotel with the greatest possible diligence. Messages, mail and merchandise deliveries for guests are handled with care. The hotel will deliver, hold, and – on request – for a fee forward such items. No. 1 sentences 2 – 4 as above shall apply respectively.
5. We would expressly like to point out that children under the age of 16 may only enter the swimming pool area in the company of adults. Young children under four may only use the pool in the company of and under supervision of adults. The use of the entire swimming pool area and sauna area is at your own risk. Parents are liable for their children.
Children and young persons under the age of 16 are not allowed to enter our dance bar “Palmengarten”. Young people over the age of 16 may enter this area in the company of adults and may stay until 10.00 pm.
IX. FINAL PROVISIONS
1. Amendments and supplements to the contract, the acceptance of applications, or these General Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral amendments and supplements by the customer are not valid.
2. Place of performance and payment is the location of the hotel’s registered office.
3. In the event of disputes – including disputes for cheques and bills of exchange – the exclusive court of jurisdiction for commercial transactions is the registered seat of the hotel. Insofar as a contracting party fulfils the requirements of § 38 section 2 German Code of Civil Procedure (ZPO) and does not have a general venue within the country, the court at the location of the hotel’s registered office shall have jurisdiction.
4. German law shall apply. The application of UN Convention on the International Sale of Goods and the conflict of laws shall be excluded.
X. SEVERABILITY CLAUSE
Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.