General terms and conditions (GTC)
I. SCOPE OF APPLICABILITY
1. These Terms and Conditions govern contracts for the rental use of hotel, conference, banquet, and meeting rooms for lodging purposes, as well as all other goods and services rendered by the hotel for the customer.
2. Sub-letting and re-letting of rooms let, and other hotel areas, the invitation to sales, political or similar events as well as newspaper advertisements containing information about sales or similar events shall require the Hotel’s prior written consent.
3. The customer’s general terms and conditions shall apply only if these are previously expressly agreed in writing.
II. CONCLUSION AND CONTENT OF CONTRACT
1. Offers made by the hotel are subject to change. The contract shall come into force upon the hotel’s acceptance of the customer’s application. At its discretion, the hotel may confirm the room reservation in writing.
2. If the content of the confirmation differs from the content of the request for reservation, the differences contained in the confirmation shall become together with the other content legally binding for the customer and the hotel unless, within 10 days after the confirmation has been sent, the customer exercises his right of cancellation provided within the confirmation.
3. Sub-letting and re-letting of rooms let, meeting rooms, other areas or showcases as well as the use of rented premises and areas for job interviews, sales and similar events, in principle is not allowed and shall require the Hotel’s prior written consent.
4. The Guest is not entitled to the provision of specific rooms. If nothing else has been agreed upon, booked rooms shall be available for the Guest from 3.00 p.m. on the agreed date of arrival (Check-in-time). The Guest shall not be entitled to earlier provision. Booked rooms have to be occupied by the Guest by 6.00 p.m. at the latest. Unless a later time of arrival has expressly been agreed, the Hotel shall have the right to assign the booked room, after 6.00 p.m., otherwise without entitling the Guest for any claims.
On the agreed date of departure, the rooms shall be vacated and placed at the Hotel’s free disposal by 12.00 p.m. at the latest (Check-out-time). For rooms not vacated by then, the Hotel may charge, beyond the damage incurred to it thereby, until 6.00 p.m. 50% of the daily room rate for the additional use of the room and from 6.00 p.m. 100 % of the full applicable price for board and lodging. Contractual claims of the customer shall not be established hereby. The Guest is free to prove to the Hotel that no damage or a considerably lower damage was incurred to the Hotel.
5. The use of the hotel facilities is possible only within the respective opening hours. The hotel reserves all rights to change these opening hours or to close all facilities partially or completely particularly because of renovation work or hotel events or other circumstances which prevent in part or completely proper usage.
III. PRICES, PAYMENT, SERVICES
1. The customer is obligated to pay the applicable or agreed hotel prices for rooms provided and for other services used. This shall also apply to the hotel’s services and outlays to third parties caused by the customer.
2. The agreed prices include applicable value-added tax as required by law, unless a differing written agreement was made. If the period between conclusion and fulfilment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, then the hotel may raise the contractually agreed price to a reasonable extent, however at the most by 10%. For each reminder sent after default occurs, the Hotel may charge a reminder fee of € 5.00.
3. The billing is carried out in Euro. For payment with foreign currencies, the obligor pays differences in exchange rate and bank charges. Down payments in foreign currency will be taken into account to the total invoice at validation.
4. Upon receipt, invoices issued by the Hotel shall become due for payment immediately, without deduction. In the case of default of payment, the Hotel is entitled to charge consumers interest equal to 10% per annum. The customer must provide proof of a lower, the Hotel proof of a higher claim.
5. At any time, the Hotel is entitled to request from the Contractual Partner, on conclusion of the Contract or later, a reasonable advance payment.
6. Lien law is created, regarding all claims, to all objects of any kind put down by the constituent, in connection with the preceding order.
7. The customer has to inform the hotel about complaints on the accounting immediately after these become known.
8. The modalities of accounting (address for invoice) have to be announced to the hotel at conclusion of the contract or at the latest with the end of the service of the hotel (day of departure).
9. Customers may only bring animals to the hotel with prior consent of the hotel and against payment of a surcharge. Animals are not allowed in common rooms such as the restaurant, bar, fitness area etc.
IV. REPUDIATION BY HOTEL
1. If payment of an agreed advance amount is not made even after a statutory deadline set by the hotel has elapsed, the hotel is entitled to withdraw from the contract.
2. Moreover, the hotel is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause, e.g. if
– Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract
– Rooms are reserved with misleading or false information regarding material facts, such as the identity of the customer or the purpose
– The hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization
3. The Hotel must notify Clients immediately when exercising its right to withdraw from the Contract.
4. The customer can derive no right to compensation from justified cancellation by the hotel.
V. CANCELLATION BY CUSTOMER
1. All cancellations must be made in writing.
2. Accommodation (lodging): in case of a cancellation by a customer the following applies:
a) The Hotel allows customers who made a booking for up to 10 rooms (individual guest) to cancel to booking without cancelation fee until 11.59 p.m. two days before your arrival. The following applies:
- In case of customer's termination, the Hotel has a right to enforce of claims of appropriate compensation.
- The withdrawal rate for bookings including overnight stay and breakfast amounts to 80% of the agreed price.
- The withdrawal rate for package offers amounts to 60% of the agreed price.
3. A change of the contractual extent through later arrival or early departure shall also be deemed to be a cancellation for the purposes of the above provisions.
4. The customer must provide proof of a lower, the Hotel proof of a higher damage.
IX. LIABILITY OF THE HOTEL
1. Claims of the customer for reimbursement of damages, regardless which cause in law, are precluded except if the Hotel can be accused of causing damage intentionally, or if the Hotel is responsible for its own gross negligence or of the gross negligence of a legal representative, executive staff or vicarious agent or if damage is caused from an intentional or negligent breach of obligations of the Hotel, which are typical for the contract. This kind of liability in any case of ordinary negligence is limited to damages typical for the contract and predictable. Liability to damages that result from death, injuries to body or health remain unaffected.
2. If the customer is an accommodation guest, the Hotel is liable to the Guest for items brought in according to clause 701 ff. BGB. According to this, the Hotel is liable for 100 times the room rate, however, up to a maximum of EUR 3,500.00. For valuables (cash, jewellery etc.), liability shall be limited to EUR 8.00. Claims for damages of the client are excluded unless they result of intent and gross negligence.
3. If the Guest is provided with a parking space in the garage or the car park of the Hotel, even against payment, this shall not constitute the conclusion of a contract of bailment. The Hotel shall not have any surveillance obligations for the vehicles. If vehicles or the contents of vehicles parked or otherwise situated on the Hotel premises are lost or damaged, the Hotel shall be not liable unless the Hotel, its legal representatives or its agents have caused such damage by intent or gross negligence. In this case, the damage must be asserted to the Hotel on departure from the Hotel at the latest.
4. Wake-up services, care messages, mail and consignment of goods for the Guests shall be performed by the Hotel with the utmost care. The Hotel shall ensure delivery, storage and, upon request and against payment, forwarding of the same. Claims to compensation for damage shall be ruled out excepting for intent or gross negligence
5. Messages, post and shipments for customers will be handled with utmost care from the Hotel. The Hotel shall ensure delivery, storage and, upon request and against payment, forwarding of the same.
6. Found items or forgotten objects are only forwarded upon request and against cost reimbursement. The Hotel keeps these items for the duration of 6 months. After this period of time, the objects will be handed over to the local lost property office, provided that they are of apparent value.
VII. LIABILITY OF THE CUSTOMER
1. The Customer shall be liable, according to the legal provisions, for any damage to buildings, fixtures and/or furnishings caused by him- or herself, family members or guests, participants of an event or visitors, employees or other third parties. It is incumbent to the customer to sufficiently insure him- or herself against liability claims of this sort. The Hotel is authorised to ask for evidence of respective insuran.
VIII. FINAL PROVISIONS
1. Amendments and supplements to the contract, the acceptance of applications, or these General Terms and Conditions for Hotel Accommodation should 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’s registered office.
3. In the event of dispute, including disputes for checks and bills of exchange, the courts at the location of the hotel’s registered office shall have exclusive jurisdiction for commercial transactions.
If the Contractual Partner of the Hotel does not have a general place of jurisdiction within the territory of the Federal Republic of Germany, the place of jurisdiction shall be the registered office of the Hotel. However, the Hotel is also entitled to institute complaints and other legal proceedings at the Guest’s general place of jurisdiction.
4. The contract is governed by and shall be construed in accordance with the laws of the Federal Republic of Germany.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.
Version: December 2017