general terms and conditions

I. SCOPE

These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and supplies provided by the hotel to the customer.

Sublet or re-let the rooms provided and use them for purposes other than accommodation requires the prior written consent of the hotel.
The customer's terms and conditions only apply if this has been agreed in advance.
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II. CONCLUSION OF CONTRACT, PARTNER, LIABILITY; STATUTE OF LIMITATIONS

The contract is concluded when the hotel accepts the customer's request. The hotel is free to confirm the room reservation in writing.

The contract partners are the hotel and the customer. If a third party has ordered for the customer, he and the customer are jointly and severally liable to the hotel for all obligations under the hotel accommodation contract, provided that the hotel has a corresponding statement from the third party.

The hotel is responsible for its obligations under the contract. In the area not typical of services, liability is limited to intent and gross negligence on the part of the hotel.

The limitation period for all claims made by the customer is 6 months.

This limitation of liability and short limitation period apply in favour of the hotel even in the event of a breach of obligations when initiating the contract and a positive breach of contract.
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III. SERVICES, PRICES, PAYMENT, OFFSETTING

The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services. The customer is obliged to pay the hotel prices applicable or agreed upon for the provision of rooms and the other services used by him. This also applies to services and expenses made by the hotel to third parties initiated by the customer.

The agreed prices include the respective statutory value added tax. If the period between conclusion of the contract and performance of the contract exceeds 4 months and if the price generally charged by the hotel for such services increases, the latter may increase the contractually agreed price accordingly, but by a maximum of 10%.

The prices may also be changed by the hotel if the customer subsequently requests changes in the number of rooms booked, the hotel's services or the length of stay of the guests and the hotel agrees to this.

Hotel invoices without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel is entitled to make accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge interest of 5% above the respective base interest rate in accordance with Section 1 of the Discount Rate Reconciliation Act. The customer reserves the right to prove lower damage and to the hotel that of higher damage.

The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package holidays. The amount of the advance payment and the payment dates can be agreed in writing in the contract.

The customer can only offset or reduce an undisputed or legally binding claim against a claim made by the hotel.


IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION)

‍Withdrawal by the customer from the contract concluded with the hotel requires the written consent of the hotel. If this is not done, the agreed price under the contract must be paid even if the customer does not make use of contractual services.
This does not apply in cases of default on the part of the hotel or an impossibility of providing services for which it is responsible.

If an appointment to withdraw from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract until then without triggering payment or compensation claims from the hotel. The customer's right of withdrawal expires if he does not exercise his right to withdraw in writing vis-à-vis the hotel by the agreed date, unless there is a case of default of service on the part of the hotel or an inability to provide the service for which he is responsible.

In the case of rooms not used by the customer, the hotel must take into account the income from renting the rooms elsewhere and the expenses saved.

The hotel is free to lump sum the damage it suffers and is to be compensated by the customer. The customer is then required to pay 90% of the contractually agreed price for accommodation with or without breakfast, 70% for half-board and 60% for full-board arrangements.
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The customer is free to prove that no damage has occurred or that the damage caused to the hotel is lower than the required lump sum.


V. WITHDRAWAL BY THE HOTEL

If the customer's right of withdrawal has been agreed in writing within a specific period of time, the hotel is in turn entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his right to withdraw when asked by the hotel.

If an agreed advance payment is not made even after expiry of a reasonable period of grace set by the hotel with a threat of rejection, the hotel is also entitled to withdraw from the contract.

Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for objectively justified reasons, for example if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
rooms are booked with misleading or false information of material facts, e.g. in the person of the customer or the purpose;
the hotel has reasonable cause to believe that the use of the hotel services may jeopardize the smooth operation, security or public reputation of the hotel without this being attributable to the hotel's sphere of control or organization.
There is a violation of scope II.2 above.
The hotel must immediately inform the customer of the exercise of the right of withdrawal. In the event of a justified withdrawal by the hotel, the customer is not entitled to compensation.


VI. ROOM DELIVERY, HANDOVER AND RETURN

The customer is not entitled to the provision of specific rooms.

Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier provision.

On the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 12.00 p.m. After that, in addition to the resulting damage, the hotel may charge 50% of the full accommodation price (list price) for additional use of the room until 18:00 and 100% from 18:00 onwards. The customer is free to prove to the hotel that the hotel has suffered no or significantly lower damage.


VII. HOTEL LIABILITY:

The hotel is responsible for the diligence of an ordinary businessman. This liability is not typical of performance, but limited to performance deficiencies, damage, sequential damage or faults that are attributable to intent or gross negligence on the part of the hotel. Should faults or deficiencies occur in the hotel's services, the hotel will endeavour to remedy the situation upon becoming aware of or immediately complaining from the customer. The customer is obliged to do what is reasonable to rectify the fault and to keep potential damage to a minimum.

In accordance with legal provisions, the hotel is liable to the customer for items brought in, i.e. up to a hundred times the room rate, a maximum of EUR 3,500, -, and for money and valuables up to EUR 800, -. Money and valuables can be stored in a hotel or room safe up to a maximum value of EUR 25,000.00. The hotel recommends that you make use of this option.

The legal provisions apply to the unlimited liability of the hotel. Insofar as a parking space is made available to the customer in the hotel garage or in a hotel parking lot, also for a fee, this does not result in a custody contract. The hotel is not liable in the event of loss or damage to motor vehicles parked or shifted on the hotel property and their contents, except in cases of intent or gross negligence. This also applies to vicarious agents of the hotel. Wake-up orders are carried out by the hotel with great care. Claims for damages, except due to gross negligence or intent, are excluded.

Messages, mail and shipments for guests are handled with care. The hotel will deliver, store and — upon request — forward them for a fee. Claims for damages, except due to gross negligence or intent, are excluded.


VIII. FINAL PROVISIONS

Amendments or additions to the contract, application acceptance or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions made by the customer are ineffective.The place of fulfilment and payment is the registered office of the hotel. The exclusive place of jurisdiction — including for check and exchange disputes — is the registered office of the hotel. If a contractual partner meets the requirements of Section 38 paragraph 1 of the Code of Civil Procedure and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.

German law applies.

Should individual provisions of these general terms and conditions for hotel accommodation be or become invalid or correct, this shall not affect the effectiveness of the remaining provisions. In all other respects, the legal regulations apply.