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Conditions of Use


I. APPLICATION AREA

  1. These General Terms and Conditions are valid for contracts about the rental use of hotel rooms for accommodation as well as all other services and deliveries of the hotel rendered or produced in this context for the customer (Hotel Accommodation Contract). The concept "Hotel Accommodation Contract" comprises and replaces the following concepts: Accommodation and lodging, hotel, hotel room contract.

  2. The subletting or reletting of the rooms provided as well as their use for other than accommodation purposes need the prior approval of the hotel in text form and §540 Section 1 set 2 BGB shall be waived if the customer is not a consumer.

  3. General Terms and Conditions of the customer shall only apply if this has been expressly agreed in writing beforehand.

 

II. CONCLUSION OF CONTRACT, CONTRACTUAL PARTNERS, STATUTE OF LIMITATIONS

  1. The contract comes about by the acceptance of the application of the customer by the hotel. The hotel is at liberty to confirm the room reservation in writing.

  2. Contracting partners are the hotel and the customer. If a third party has made the reservation for the customer, said third party shall be jointly and severally liable towards the hotel together with the customer for all obligations from the Hotel Accommodation Contract, if the hotel has a corresponding statement by the third party.

  3. All claims against the hotel come under the statute of limitations generally one year from legal statute of limitations beginning. Compensation claims come under the statute of limitations independently of knowledge, after five years unless they are based on an injury of life, body, health or liberty. These compensation claims come under the statute of limitations independently of knowledge , after ten years. The shorter limitation periods is do not apply to claims which are based on an intentional or grossly negligent breach of obligation of the hotel.

 

III. SERVICES, PRICES, PAYMENT,OFFSETTING

  1. The hotel is obligated to make the booked rooms available and to render the agreed services.

  2. The customer is obligated to pay the agreed or applicable prices of the hotel for the rooms provided and for other services used by him. This also applies for services ordered by the customer and advances by the hotel to third parties. The agreed prices include applicable sales tax.

  3. The hotel can make its approval to a subsequent reduction desired by the customer of the number of the rooms booked, the services provided by the hotel or the duration of stay of the customer, conditional on the fact that, in that case, the prices for the rooms and/or the other services of the hotel will increase.

  4. Invoices of the hotel without date of maturity are payable within 10 days from receipt of invoice without discount. The hotel can require the prompt payment of due receivables at any time from the customer. With cases of default of payment, the hotel is entitled to demand the respectively applicable statutory default interest in the amount of currently 8% or, with legal transactions with a consumer, in the amount of 5% above the base interest. The hotel reserves the right to prove greater damage.

  5. The hotel is entitled to require from the customer , when concluding the contract, a reasonable deposit or security equivalent in the form of a credit card guarantee, an advance payment, etc. The amount of the advance payment and payment dates may be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.

  6. In justified cases, for example payment arrears of the customer or extension of the scope of the contract , the hotel is entitled, to demand a deposit or security equivalent for the purposes of the above-mentioned Section 5, even after the contract conclusion and up until the beginning of the stay, or to demand an increase of the deposit or security equivalent agreed in the contract up to the total agreed remuneration.

  7. The hotel is also entitled, at the beginning and during the customer's stay, to demand a reasonable deposit or security equivalent for the purposes of the above-mentioned Section 5 for existing and future claims under the contract, unless the same has already been provided in accordance with the above-mentioned Sections 5 and/or 6.

  8. The customer may only offset with an undisputed or legally valid claim against a claim by the hotel.




IV. WITHDRAWAL BY CUSTOMER (TERMINATION, CANCELLATION) / NON UTILISATION

OF THE HOTEL SERVICES (NO SHOW)

  1. Cancellation by the customer of the contract concluded with the hotel requires the hotel's consent in writing. If this is not done, then the price agreed in the contract must be paid even if the customer does not use the contractual services.

  2. To the extent that, between the hotel and customer, a date for a cost-free cancellation of the contract has been agreed in writing, the customer may cancel the contract until that time, without incurring payment obligations or damage compensation claims by the hotel. The right of rescission expires if he does not exercise his cancellation right towards the hotel in writing by the agreed date.

  3. For rooms not used by the customer, the hotel has to credit the income from otherwise renting out of these rooms as well as the saved costs. If the rooms are not otherwise rented out, the hotel can require the contractually agreed remuneration to be paid and effect a flat-rate deduction for saved expenses of the hotel. In this case the customer is obliged to pay at least 90% of the contractually agreed prices 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-mentioned damage has not resulted or has not resulted in the amount claimed.

 

V. CANCELLATION BY THE HOTEL

  1. Insofar as it has been contractually agreed that the customer can withdraw from the contract free of charge within a specified period, the hotel is entitled for its part to withdraw from the contract during this period, if inquiries from other customers regarding the contractually reserved rooms are present and the customer, following inquiry by the hotel, does not waive the right to withdraw.

  2. If an agreed upon payment of a deposit or security equivalent or one that has been demanded in accordance with Clause III Sections 5 and/or 6 is not made even after the lapse of a reasonable grace period set by the hotel, the hotel is likewise entitled to rescind the contract.

  3. Furthermore, the hotel is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause, for example if

  • - Force majeure or other circumstances beyond the sphere of influence of the hotel

  • make the fulfillment of the contract impossible;

  • - Room or premises are reserved under providing culpably misleading or false information about material contractual facts, for example concerning the identity of the customer or the purpose of his stay;

  • - the hotel has justified cause to believe that use of the hotel's services might jeopardize the smooth operation, security, or public reputation of the hotel,

  • without this being attributable to the management or organizational sphere of the hotel;

  • - the purpose or the cause of the stay is illegal;

  • - there is a violation of above clause I., section 2 supra.

4. Upon justified cancellation by the hotel, the customer shall not be entitled to payment of damages.

 

VI. ROOM AVAILABILITY, HANDOVER AND RETURN

  1. The customer has no right to be provided with specific rooms insofar as this is not expressly agreed in writing.

  2. Reserved rooms are available to the customer from 15:00 hours on the agreed day of arrival. The customer has no right to earlier availability.

  3. On the agreed departure day, the rooms have to be made available to the hotel at 12:00 o'clock noon, sharp, cleared and clean. Afterwards the hotel - on account of the late clearing of the room - can demand for its use exceeding the contractually agreed period, invoice as follows: for the use up to 18:00 hours - 50% of the full accommodation prices (catalogue prices), and from 18:00 hours - 100% of the full accommodation prices . This shall not constitute contractual claims of the customer. The customer is free to prove that the hotel has incurred no or much lower claim to a usage fee.

 

VII. LIABILITY OF THE HOTEL

  1. The hotel is liable for its obligations under the contract. Customer's claims for damages are excluded. This does not include damages resulting from injury to life, body or health, if the hotel is responsible for the breach of obligation, other damages based on an intentional or grossly negligent breach of obligation by the hotel and damage which is caused by an intentional or negligent breach of typical contractual obligations of the hotel. A breach of obligation by the hotel is equal to that by a legal representative or vicarious agent. Should disruptions or defects in the performance of the hotel occur, the hotel will endeavor upon knowledge of the same or upon immediate complaint by the customer, to take remedial action. The customer is obligated make a reasonable contribution to eliminate the disruption and to keep any possible damage to a minimum.

  2. The hotel is liable to the customer for property brought into the hotel in accordance with the legal provisions. Accordingly, the liability is limited to one hundred times the room rate, but not more than € 3,500 - and deviating for cash, securities and valuables, up to a maximum of € 800,-. Cash, securities and valuables may be kept in a hotel safe or room safe up to a maximum value of € (Insert insured amount of hotel). The hotel recommends that guests make use of this option.

  3. If the customer has a parking space in the hotel garage or on a hotel parking lot, even if it is provided for a fee, this does not constitute a custody agreement. The hotel assumes no liability for loss or damage on the hotel property of and to parked or maneuvered motor vehicles and their contents, except for willful misconduct or gross negligence. For the exclusion of the damage claims of the customer, the regulation of the preceding section 1, sets 2 to 4, shall apply mutatis mutandis.

  4. Wake-up calls are carried out by the hotel with the greatest possible care. Messages, mail, and merchandise deliveries for guests are handled with great care. The hotel will deliver, hold, and - on request - effect forwarding of the same for a fee. For the exclusion of the damage claims of the customer, the regulation of the preceding section 1, sets 2 to 4, shall apply mutatis mutandis.

 

VIII. FINAL PROVISIONS

  1. Amendments and supplements to the contract, the booking acceptance or these General Terms and Conditions shall 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.

  3. Exclusive place of jurisdiction – including for check and exchange disputes – is the corporate headquarters of the hotel for commercial transactions. If a contracting party fulfills the requirements of § 38 section 2 ZPO and has no general domestic place of jurisdiction, the corporate headquarters of the hotel shall be the place of jurisdiction.

  4. German law applies. The application of the UN Sales Convention and the conflict of law rules is excluded.

  5. Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects, the statutory

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