General terms and conditions
I. Scope of application
- These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries of the hotel provided to the customer.
- The subcontracting or re-letting of the rooms and the use thereof for purposes other than hotel accommodation require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is excluded, insofar as the customer is not a consumer.
- The customer’s terms of business shall only apply if this has been expressly agreed in writing beforehand.
II. Conclusion of Contract, Partners; limitation
- The contract is concluded by acceptance of the customer’s request by the hotel. The hotel is free to confirm the room booking in writing.
- Contractual partners are the hotel and the customer. If a third party has ordered the customer, he / she is liable to the hotel as a joint and several liability for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.
- All claims against the hotel are subject to a limitation period of one year from the beginning of the knowledge-dependent period of limitation of § 199 para. 1 BGB. Compensation claims become statute-barred after five years. The statutes of limitation shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. Services, prices, payment, offsetting
- The hotel is obliged to keep the rooms booked by the customer and to provide the agreed services.
- The customer is obliged to pay the prices of the hotel which are valid or agreed upon for the room transfer and the other services used by him. This also applies to the services and expenses of the hotel to third parties caused by the customer.
- The agreed prices include the respective statutory value-added tax. If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally calculated by the hotel for such services exceeds the contractually agreed price, it may increase by a maximum of 5%.
- The prices can be changed by the hotel if the customer subsequently changes the number of booked rooms, the performance of the hotel or the duration of the guests wishes and the hotel agrees.
- Invoices of the hotel without due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to make accrued claims at any time due and to demand immediate payment. In the event of a delay in payment, the hotel is entitled to charge the currently applicable statutory default interest of 8% or, in the case of legal transactions in which a consumer is involved, in the amount of 5% above the base rate. The hotel reserves the right to prove higher damages. Costs are only accepted with the written consent of the hotel. Upon approval of the cost, a processing fee of currently EUR 4.80 per invoice will be charged.
- The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or afterwards, taking into account the legal provisions for package tours. 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 a claim of the hotel with an undisputed or legally binding claim.
IV. Withdrawal of the customer (i. E. Cancellation, cancellation) / non – utilization of the services of the hotel
The guest can at any time withdraw from the hotel accommodation contract. Insofar as the parties have agreed in writing a withdrawal period, no cancellation charges will be levied for cancellations within the agreed deadline. After the expiry of the period or if this is not agreed, the hotel is entitled to a reasonable compensation, as far as the hotel is neither in performance delay nor the hotel the agreed performance is impossible. The hotel has the right to request a cancellation fee according to the following conditions: In case of changes or cancellations of reserved hotel rooms, conventions or arrangements, the following shall be charged:
to 42 days before arrival: no costs
41 to 28 days before arrival: 40% of the booked services
27 to 15 days before arrival: 60% of the booked services
14 to 4 days before arrival: 80% of the booked services
3 to 0 days before arrival: 100% of the booked services