TERMS AND CONDITIONS FOR THE HOTEL ACCOMODATION CONTRACT
1 SCOPE OF APPLICATION
1.1 These Terms and Conditions apply to contracts for the letting of hotel rooms for accommodation on a rental basis and to all associated goods and services that are provided by the Hotel to the customer (hotel accommodation contract). The term “Hotel Accommodation Contract” includes and substitutes the following terms: lodging contract, guest admission contract, hotel contract, hotel room contract.
1.2 Sub-contracting or sub-letting of rooms along with their use for any purposes other than accommodation, require the prior written approval of the Hotel, whereby Article 540 paragraph 1 clause 2 of the German Civil Code (BGB) will be waived, provided the customer is no consumer.
1.3 The customer’s own Terms and Conditions shall apply only if expressly agreed upon in writing beforehand.
2 CONTRACT AGREEMENT, CONTRACTING PARTIES AND LIMITATIONS
2.1 The contracting parties are the Hotel and the customer. The contract becomes effective with the customer’s acceptance of the Hotel’s offer. The Hotel has the right to confirm the booking of the rooms in writing.
2.2 In principle, all claims against the Hotel shall be time-barred 1 year after commencement of the regular statutory limitation period. All claims for damage against the Hotel shall be time-barred after 5 years, provided the standard limitation period was triggered by the necessary awareness of the cause for a claim, except in case of damage to life, limb, health or freedom. These claims shall be time-barred after 10 years, independent of knowledge. These limitations do not apply in case of gross negligence on the part of the Hotel.
3 SERVICES, PRICES, PAYMENT, OFFSET
3.1 The Hotel is obliged to provide the rooms that the customer booked and the agreed upon services.
3.2 The customer is obliged to pay the agreed upon or applicable prices for the letting of the room as well as the provision of services. The same applies in case of services provided to the customer by contracting parties of the Hotel.
3.3 The agreed prices shall be understood to include taxes and local duties at the rates applicable at the time the contract was agreed. Local duties are not include, such as tourist tax, which, according to the respective local legislation, the guest is liable to pay personally. In the event of an increase, subsequent to the contract agreement, in the statutory rate of turnover tax or the new introduction, alteration or repeal of local taxes or duties relating to the subject of the agreement, then the contractually agreed price may also increase proportionately. In cases of contracts with consumers, this shall only apply if the period between the agreement of the contract and its fulfilment exceed 4 months
3.4 The Hotel is entitled to take into account an increase in price for rooms or other services of the Hotel when determining whether or to what extent to concur with subsequent customer wishes for a reduction in the number of rooms or Hotel services and/or the length of period booked by the customer
3.5 Hotel invoices without a payment date are payable in full within 10 calendar days of the receipt. The Hotel is entitled to require immediate payment of demanded payments outstanding at any time. In the event of delay in payment, the Hotel is entitled to demand the appropriate legal late payment interest of 8%, or 5% in the case of legal transactions involving the customer. The Hotel reserves the right to provide evidence of entitlement to a higher claim to damages. Terms and Conditions for Hotel Accommodation Contracts © Hotelverband Deutschland (IHA) e.V. Page 6 Status: April 2012
3.6 The Hotel is entitled to request an appropriate advance or security deposit, e.g. in form of a credit card guarantee, when the contract is agreed, or subsequently in accordance with the legal regulations governing package holidays. The amount of advance payment and the payment deadlines may be agreed in writing in the contract. In case of preliminary payments or security deposit for package holidays the legal regulations remain unaffected.
3.7 In individual substantiated cases, e.g. customer payment arrears or extension of the scope of the contract, the Hotel is entitled, even after the contract has been agreed, to demand an advance payment or a security deposit in terms of paragraph 3.6 above, or to increase the contractually agreed advance payment and/or security deposit up to the full payment amount due.
3.8 Furthermore, the Hotel is entitled to demand an appropriate advance payment and/or security deposit at the beginning or during the stay of the customer, in accordance with paragraph 3.6 above, for current or future demands resulting from the contract, provided such an advance payment and/or security deposit does not exist already in accordance with paragraph 3.6 and/or paragraph 3.7.
3.9 The customer can only offset or reduce the Hotel’s payment demands by means of an unchallenged legal claim.
4 WITHDRAWAL OF THE CUSTOMER (COUNTER-ORDER, CANCELLATION)/ FAILURE TO MAKE USE OF THE HOTEL’S SERVICES (NO SHOW)
4.1 A withdrawal of the customer from a contract agreed with the Hotel is only possible if such right of withdrawal is expressly agreed in the contract, if some other statutory right of withdrawal applies, or if the Hotel expressly agrees to the cancellation of the contract. The agreement of a right to withdrawal and any such agreement to the cancellation of the contract are to be submitted in written form.
4.2 Provided that an optional date for withdrawal from the contract without penalty has been agreed between the customer and the Hotel, the customer may withdraw from the contract without penalty up to this date, while the Hotel will have no right to make any claim for payment or compensation. The customer’s right to withdrawal is extinguished if he does not exercise his right to withdraw in writing by the agreed date
4.3 If a right of withdrawal has not been
agreed or has already expired, then no statutory right of withdrawal or
cancellation shall be deemed to apply, and should the Hotel not agree to cancellation
of the agreement, then the Hotel retains the right to claim the agreed payment
even if the services have not been utilised. The Hotel is obliged to balance
against its claim income from other rental made of the rooms and from expenses
saved. If the rooms are not otherwise let, the Hotel is entitled to apply a
flat rate reduction for expenditure saved. In such cases the customer is
obligated to pay at least 90% of the contractually agreed price for overnight
stays, with or without breakfast, and for package arrangements involving
outside services, 70% for overnight stays with half board, and 60% for full
board arrangements. The customer is entitled to provide evidence that such
claims have not arisen or are unjustifiably high
5 WITHDRAWAL BY THE HOTEL
5.1 Provided that the customer’s right to withdraw without penalty within a particular time period has been granted in writing, the Hotel is entitled to withdraw without penalty within this time period in the event of other customers inquiring for rooms reserved under the contract, and the customer does not waive his right to withdraw within 2 weeks of having been contacted to this end by the Hotel. In the event of the customer failing to respond within this deadline, the Hotel is entitled to withdraw.
5.2 If an, in accordance with paragraph 3.6 and/or paragraph 3.7, agreed or demanded advance payment and/or security deposit is not made, even after an appropriate period of grace set by the Hotel has elapsed, the Hotel is entitled to withdraw from the contract.
5.3 Furthermore, the Hotel is entitled to withdraw from the contract in exceptional circumstance, if so justified for well-founded reasons, especially if
- force majeure or other circumstances beyond the control of the Hotel make the fulfilment of the contract impossible ; Terms and Conditions for the Hotel Accommodation Contract © Hotelverband Deutschland (IHA) e.V. Page 7 Status: April 2012;
- rooms were booked giving a misleading or a false description of essential facts; essential can be the identity of the customer, financial solvency or the purpose of the accommodation;
- the Hotel has reason to believe that the use of the Hotel services might jeopardise the smooth running of the Hotel’s operations, or the safety or the reputation of the Hotel in the public eye in a way that is beyond the control or scope of the Hotel’s organisation;
- the purpose and/or the occasion for the accommodation is illegal;
- there is a breach of paragraph 1.2 above.
5.4 A justifiable withdrawal of the Hotel does not entitle the customer to claim any damages.
6 PROVISION; HANDING OVER AND RETURNING OF THE ROOM
6.1 The customer has no right to demand the provision of specific rooms, unless otherwise expressly agreed.
6.2 The booked rooms shall be available to the customer from 3:00 PM on the agreed date of arrival. The customer has no right to demand that the rooms shall be provided earlier.
6.3 On the agreed date of departure, rooms must be vacated and at the Hotel’s disposal by 12:00 noon o‘clock at the latest. If there is delay in vacating the room, the Hotel may invoice for its use up to 6:00 PM 50% of the current daily letting price, and at 100% from 6:00 PM onwards. Any contractual claims made by the customer cannot be justified on these grounds. The customer is at liberty to provide evidence that the Hotel had no claim or a significantly lower claim on payment for its use.
7 THE HOTEL’S LIABILITY
7.1 The Hotel is liable for damages of life, limb or health arising from wilful and/or grossly negligent behaviour. Furthermore, the Hotel is liable for damages based on wilful and/or grossly negligent breach of duty as well as wilful and/or grossly negligent breach of contractual duties. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims of damages are, provided paragraph 7 does not state otherwise, not excluded. If any faults or shortcomings arise in the services provided by the Hotel, the Hotel will make every effort to correct this if the customer has brought these to its attention or made his objections promptly known. The customer is obliged to make reasonable effort to rectify any fault or minimise any possible loss or damage, and to bring any faults or damage immediately to the Hotel’s attention.
7.2 In case of property brought to the Hotel liability applies in accordance with legal provisions. In recommends the use of the hotel or room safe. Insofar as a guest shall bring monies, securities and valuables with a value of more than EUR 800.00 or other objects with a value of more than EUR 3,500.00 into the Hotel, this shall require a special safe keeping agreement with the Hotel.
7.3 If a parking space is offered to the customer in the Hotel garage or car park, whether free of charge or with costs, this shall not form a contract for its safe keeping. For loss or damage to any vehicle parked or manoeuvred on the Hotel’s property, or to its contents, the Hotel shall only assume liability in terms of paragraph 7.1 above, clause 1 to 4.
7.4 Instructions for wake-up calls shall be carried out with the utmost care by the Hotel. Messages, post and consignment for the customers shall also be treated with the utmost care. The Hotel will undertake to deliver or keep such items, or to send them on if desired, for a fee. Paragraph 7.1, clause 1 to 4, above shall apply regarding liability of the Hotel. Terms and Conditions for the Hotel Accommodation Contract © Hotelverband Deutschland (IHA) e.V. Page 8 Status: April 2012;
8 FINAL PROVISIONS
8.1 Any amendments or additions to this contract, the acceptance proposal or these Terms and Conditions must be made in writing. Any unilateral alterations or additions by the customer shall be void.
8.2 The sole court of jurisdiction for commercial transactions, including cheque and currency disputes, shall be [Bitte Ort eintragen, wahlweise Standort des Hotels oder Sitz der Betreibergesellschaft des Hotels]. Insofar as a contracting party fulfils the requirements of Article 38 paragraph 2 of the Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the Hotel’s registered office shall act as the place of legal jurisdiction.
8.3 German law alone shall apply. The UN Sales Convention and conflict of law legislation are hereby precluded from applying.
8.4 In the event of individual provisions of these Terms and Conditions being or becoming ineffective or void, the validity of the remaining provisions hereof shall in no way be affected. Otherwise, statutory provisions shall apply.