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TERMS OF SERVICE

GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT

 

(STATUS: OCTOBER 2009)

 

I. SCOPE


1. These terms and conditions apply to contracts for rental
of hotel rooms for accommodation and all related thereto
further services and deliveries provided by the hotel for the customer
(Hotel accommodation contract). The term "hotel accommodation contract" includes and
replaces the following terms: accommodation, guest accommodation, hotel,
hotel room contract.
2. The subletting or subletting of the rooms provided as well as their
Use for purposes other than accommodation requires prior approval
of the hotel in text form, with § 540 paragraph 1 sentence 2 BGB waived
if the customer is not a consumer.
3. General terms and conditions of the customer only apply if
this was previously expressly agreed in writing.


II. CONCLUSION OF CONTRACT, PARTNERS, STATUTE OF LIMITATIONS


1. The contract comes into being through the acceptance of the customer's application by the
hotel. The hotel is free to book the room in text form
confirm.
2. The contractual partners are the hotel and the customer. Did a third party for the customer
ordered, he is liable to the hotel together with the customer
joint and several debtors
for all obligations arising from the hotel accommodation contract, provided that
the hotel has received a corresponding declaration from the third party.
3. All claims against the hotel generally become time-barred one year after the
statutory start of the limitation period. Claims for damages become time-barred
independent of knowledge
in five years, provided they are not based on a violation of life,
of the body, health or freedom. This
claims for damages
become statute-barred in ten years, regardless of knowledge. The shortening of the statute of limitations
do not apply to claims based on an intentional
or grossly negligent breach of duty by the hotel.


III. SERVICES, PRICES, PAYMENT, OFFSET


1. The hotel is obliged to keep the rooms booked by the customer available
and to provide the agreed services.
2. The customer is obligated to
Other services agreed or applicable
Hotel rates to pay. This also applies to services arranged by the customer
and expenses of the hotel to third parties. The agreed prices close
the respective statutory sales tax.
3. The hotel can give its consent to any requested by the customer
subsequent
Reduction in the number of rooms booked, the performance of the
make hotels or the length of stay of the customer dependent on that
the price for the rooms and/or for the other services of the hotel
elevated.
4. Hotel bills without a due date are due within 10 days
Receipt of the invoice payable without deduction. The hotel can promptly
Demand payment of due claims from the customer at any time. In the event of late payment
the hotel is entitled to charge the applicable statutory interest on arrears
in the amount of currently 8% or in legal transactions in which a
consumer is involved, to demand a rate of 5% above the base interest rate.
The hotel reserves the right to prove higher damage.
5. The hotel is entitled to request a reasonable fee from the customer upon conclusion of the contract
Advance payment or security deposit in the form of a credit card guarantee, a
to request a deposit or the like. The amount of the advance payment and
the payment dates can be agreed in text form in the contract. at
Advance payments or security deposits for package tours remain the same
statutory provisions unaffected.
6. In justified cases, e.g. customer's payment arrears or extension
of the scope of the contract, the hotel is entitled, even after the conclusion of the contract
an advance payment or security deposit up to the beginning of the stay
within the meaning of No. 5 above or an increase in those agreed in the contract
Advance payment or provision of security up to the full agreed remuneration
to demand.
7. The hotel is also entitled, at the beginning of and during the stay from
Customer a reasonable advance payment or security in the sense
No. 5 above for existing and future claims from the contract
to demand, insofar as such is not already in accordance with the above numbers
5 and/or 6 has been completed.
8. The customer can only with an undisputed or legally binding claim
offset or offset against a claim of the hotel.


IV. WITHDRAWAL BY CUSTOMER

(CANCELLATION, CANCELLATION) / FAILURE TO USE HOTEL SERVICES (NO SHOW)


1. A withdrawal by the customer from the contract concluded with the hotel
requires the consent of the hotel in text form. If this does not happen, so is the
to pay the agreed price from the contract even if the customer contractually
services not used.
2. If between the hotel and the customer an appointment for free
Withdrawal from the contract has been agreed in text form, the customer can until then
withdraw from the contract without any payment or damage claims
of the hotel. The customer's right of withdrawal expires if he
not be entitled to withdraw from the contract by the agreed date
hotel in text form.
3. In the case of rooms not used by the customer, the hotel has the
Income from other rentals of these rooms and the savings
account for expenses. If the rooms are not rented to someone else,
the hotel can demand the contractually agreed remuneration and
flat rate the deduction for saved expenses of the hotel. The customer
is obliged in this case to pay at least 90% of the contractually agreed amount
Price for overnight stays with or without breakfast, 70% for half board and
60% payable for full board arrangements. It suits the customer
Evidence free that the aforementioned claim is not or not in the required
height has arisen.


V. WITHDRAWAL OF THE HOTEL


1. If contractually agreed that the customer within a certain
period can withdraw from the contract free of charge, the hotel is in this
Period in turn entitled to withdraw from the contract if requests
of other customers according to the contractually booked rooms and the
Customer does not waive his right to withdraw upon request of the hotel.
2. If an agreed or required above pursuant to Section III, Numbers 5 and/or 6
Advance payment or provision of security even after a period has expired
If a reasonable period of grace set by the hotel is not granted, the hotel is
also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the
to withdraw from the contract extraordinarily, for example if
- Force majeure or other circumstances for which the hotel is not responsible
make performance of the contract impossible;
- Rooms or rooms culpably under misleading or false information
material contractual facts, e.g. about the customer or
purpose of his stay;
- the hotel has reasonable grounds to assume that the claim
the hotel service, smooth business operations, security
or can endanger the reputation of the hotel in public,
without this being under the control or organizational area of the hotel
is attributable to;
- the purpose or reason for the stay is illegal;
- there is a violation of the above-mentioned number I no. 2.
4. If the hotel withdraws with justification, the customer has no right to claim
Damages.


VI. ROOM AVAILABILITY, DELIVERY AND RETURN


1. The customer does not acquire the right to be provided specific rooms,
unless this has been expressly agreed in writing.
2. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date
to disposal. The customer has no right to earlier availability.
3. On the agreed day of departure, the rooms are available to the hotel by 12:00 at the latest
clock to make available. After that, the hotel can due to the
late evacuation of the room for its contractual use
until 6:00 p.m. 50% of the full accommodation price (list price) will be charged
100% from 6:00 p.m. Contractual claims of the customer are thereby
not justified. He is free to prove that the hotel has no
or a significantly lower claim for usage fee has arisen.


VII. HOTEL LIABILITY


1. The hotel is liable for its obligations under the contract. claims of
Customers for damages are excluded. Excluded from this
are damages resulting from injury to life, limb or health,
if the hotel is responsible for the breach of duty, other damages,
based on an intentional or grossly negligent breach of duty by the hotel
and damages resulting from intentional or negligent breach
based on typical contractual obligations of the hotel. A breach of duty
of the hotel is that of a legal representative or vicarious agent
same. Should disruptions or defects in the services of the hotel occur,
the hotel upon knowledge or immediate complaint of the customer
endeavor to remedy the situation. The customer is obliged to do what is reasonable for him
contribute to rectifying the fault and any possible damage
to keep low.
2. The hotel is liable to the customer for items brought in according to the statutory provisions
provisions. Thereafter, liability is limited to a hundred times the
room rate, but no more than € 3,500 and deviating for money, securities
and valuables up to a maximum of € 800.00. money, securities and
Valuables can be lost up to a maximum value of € (sum insured
of the hotel) are kept in the hotel or room safe. The hotel
recommends making use of this option.
3. If the customer has a parking space in the hotel garage or on a hotel car park,
is made available, also for a fee, comes as a result
no custody agreement. In the event of loss or damage
Motor vehicles parked or maneuvered on the hotel property and
the hotel is not liable for their content, except in the case of intent or gross negligence.
For the exclusion of the customer's claims for damages, the
Regulation of the above number 1, sentences 2 to 4 accordingly.
4. Wake-up calls are carried out by the hotel with the utmost care.
Messages, post and consignments for guests are handled with care
treated. The hotel takes over the delivery, storage and - on
request – the forwarding of the same for a fee. For the exclusion
of the customer's claims for damages, the regulation above applies
Number 1, sentences 2 to 4 accordingly.


VIII. FINAL PROVISIONS


1. Changes and additions to the contract, the acceptance of the application or
of these General Terms and Conditions should be in text form. one-sided
Changes or additions by the customer are ineffective.
2. The place of performance and payment is the location of the hotel.
3. Exclusive place of jurisdiction - also for check and bill of exchange disputes
– is the registered office of the hotel in commercial transactions.
If a contractual partner fulfills the requirements of § 38 paragraph 2 ZPO
and has no general place of jurisdiction in Germany, the place of jurisdiction is
corporate seat of the hotel.
4. German law applies. The application of UN sales law and conflict of laws
is excluded.
5. Should individual provisions of these General Terms and Conditions
be or become ineffective or void, this shall render it ineffective
of the remaining provisions is not affected. Otherwise, the statutory provisions apply
regulations.

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