ALLGEMEINE GESCHÄFTSBEDINGUNGEN FÜR DEN HOTELAUFNAHMEVERTRAG
GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
1 AREA OF APPLICATION
1.1. These terms and conditions apply to contracts for the rental of hotel rooms, for accommodation and all other services and deliveries provided by the hotel for the customer in this context (Hotel Accommodation Contract). The term “hotel accommodation contract“ includes and replaces the following terms: accommodation, guest accommodation, hotel and hotel room contract
1.2. The sublease or subletting of the rooms provided and their use of purposes other than accommodation require the prior consent of the hotel in written form, whereby § 540 P. 1 S. 2 BGB (German Civil Code) is waived if the customer is not a consumer within the meaning of § 13 BGB (German Civil Code).
1.3 Customer’s general terms and conditions only apply if it has been explicitly agreed on prior to any services set out in writing.
2 CONTRACTUAL CONCLUSIONS, PARTNERS AND STATUE OF LIMITATIONS
2.1 The contractual partners are the hotel and the customer. The contract is formed when the hotel accepts the customer’s request. It is the hotel’s discretion to confirm the booking of the room in written form.
2.2 All claims against the hotel generally expire one year from the start date 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 reckless breach of duty by the hotel.
3 SERVICES, PRICES, PAYMENT, OFFSET
3.1 For rooms booked by the customer, the hotel is obligated to keep the rooms available and to provide the agreed services.
3.2 The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services used. This also applies to services commissioned by the customer directly or through the hotel, which are provided by third parties and were paid for by the hotel.
3.3 The agreed prices include taxes and local duties applicable at the time the contract is concluded. Not included are local taxes, which are owed by the guest himself according to the respective municipal law, such as visitor’s tax. In the event of changes in the statutory sales tax or the introduction, change or abolition of local taxes on services after the contract’s conclusion, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the contract’s conclusion and the fulfillment of the contract exceeds four months.
3.4 In case of subsequent reduction in the number of booked rooms, the hotel’s service or the length of stay by the customers, the hotel can consent to it by reasonably increasing the price for the room and/or for other services of the hotel.
3.5 Hotel invoice are due for payment immediately upon receipt without deduction. If payment on receipt of invoice has been agreed, payment must be made within ten days of receipt of the invoice without deductions, unless otherwise agreed.
3.6 The hotel is entitled to demand a reasonable advance payment or security deposit, for example in form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment date can be agreed on in a written contract. In case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. If the customer is in default of payment, the statutory regulations apply.
3.7 In justified cases, e.g. the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled to demand an advance payment or security deposit in the sense of Section 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration. (see General Terms of Hotel Accommodation Contract AGBH 8.0 © Hotelverband Deutschland (IHA) e.V. page 6).
3.8 The hotel is also entitled to demand a reasonable advance payment or security deposit within the meaning of Section 3.6 above for existing and future claims arising from the contract, insofar as such has not already been paid in accordance with Section 3.6 and/or Section 3.7 above.
3.9 The customer can only offset or set off against a claim of the hotel with an undisputed or legally binding claim.
3.10 The customer agrees that the invoice can be sent to him electronically.
4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION) / FAILURE TO USE HOTEL SERVICES (NO SHOW)
4.1 The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed on in the contract, a statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract.
4.2 If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract up to that date without triggering payment or damage claims by the hotel.
4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal of termination and the hotel does not agree to a cancellation of the contract, the hotel keeps the right to the agreed remuneration despite non-use of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented out elsewhere, the hotel can make a consolidation into a lump sum. In this case, the customer is obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast and for package deals with third-party services, 70% for half-board and 60% for full-board packages. The customer is free to prove that the aforementioned claim did not arise in the required amount.
5 WITHDRAWAL OF THE HOTEL
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer does not waive his right to withdraw after the hotel has asked for a reasonable deadline. This applies accordingly if an option is granted if there are other inquiries and the customer is not ready to make a firm booking after the hotel has asked for a reasonable deadline.
5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and/or Section 3.7 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.
5.3 Furthermore, the hotel is entitled to extraordinary withdraw from the contract for an objectively justifiable reason, in particular if – force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract – rooms are culpably booked with misleading or false information or with the concealment of essential facts; the identity of the customer, the ability to pay or the purpose of the stay can be essential here; general terms and conditions for the Hotel Accommodation Contract (AGBH 8.0) © Hotelverband Deutschland (IHA) e.V. page 7 – the hotel has justified reason to assume that the use of the service may endanger business operations, the security or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization; - the purpose or reason for the stay is unlawful; - there is a violation of the above-mentioned number 1.2.
5.4 The justified withdrawal of the hotel does not justify the customer’s claim for damages.
6 ROOM AVAILABIILTY, HANDOVER AND RETURN
6.1 The customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed in writing.
6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no right to earlier availability.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After 11:00 a.m., the hotel can charge 50% of the full accommodation price (price according to the price list) due to the delayed vacating of the room for is contractual use up to 6:00 p.m. and 90% from 6:00 p.m. This does not justify contractual claims by the customer. The customer is free to prove that the hotel has no or a significantly low claim for usage fees.
7 HOTEL LIABILITY
7.1 The hotel is liable for damage to life, bodily harm or health for which it is responsible. Furthermore, it is liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of contractual obligations by the hotel. Typical contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this clause 7. In case of occurring disruptions or defects in the hotel’s services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
7.2 The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends using the hotel or room safe. In case the customer wishes to bring money, securities or valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate safekeeping agreement with the hotel.
7.3 If the customer is provided with a parking space in the hotel garage or in the hotel car park, even for a fee, this does not result in a safekeeping contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with the above clause 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages for customers are treated with care. After prior agreement with the customer, the hotel can take over the reception, storage and – on request – the forwarding of mail and goods consignments for a fee. The hotel is only liable in accordance with the above clause 7.1, sentences 1 to 4 General Terms and Conditions for the Hotel Accommodation Contract (AGBH 8.0) © Hotelverband Deutschland (IHA) e.V. page 8.
8 FINAL PROVISIONS
8.1 Changes and additions to the contract, the acceptance of applications or theses General Terms and Conditions should be sent in written form. Unilateral changes or additions are invalid.
8.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is in commercial transactions… Erfüllungs- und Zahlungsort sowie ausschließlicher Gerichtsstand – auch für Scheck- und Wechselstreitigkeiten – ist im kaufmännischen Verkehr … [Please enter the location, either the location of the hotel or the headquarters of the hotel’s operating company]. If the customer meets the requirements of Article 38 Paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is … [Please enter the location, either the location of the hotel or the headquarters of the hotel’s operating company].
8.3 German law applies. The application of the UN sales law is excluded.
8.4 In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes („OSPlattform“): http://ec.europa.eu/consumers/odr/ However, the hotel does not participate in dispute settlement procedures before consumer arbitration boards.