AGB
I. Scope
1. Our general terms and conditions apply to contracts for the rental of our hotel rooms and apartments as well as for all other services and deliveries provided to customers by the hotel.
2. The subletting or re-renting of the provided hotel rooms/apartments as well as their use for purposes other than accommodation require the prior written consent of the hotel.
3. The customer’s terms and conditions shall only apply if this has been expressly agreed in writing beforehand.
II. Conclusion of Contract, Liability, Limitation Period
1. The contract is concluded when the hotel accepts the customer’s application.
2. The contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, they shall be jointly and severally liable to the hotel together with the customer for all obligations arising from the accommodation contract.
3. All claims against the hotel shall generally become statute-barred within one year from the beginning of the standard limitation period of § 199 Para. 1 German Civil Code. Claims for damages shall become statute-barred after five years, regardless of knowledge. The shortened limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. Services, Prices, Payments, Offsetting
1. The hotel is obligated to keep available the number of rooms/apartments booked by the customer and to provide the agreed services.
2. The customer is obligated to pay the hotel’s applicable or agreed prices for the room/apartment rental and for any other services used by the customer. This also applies to services and expenses of the hotel to third parties initiated by the customer.
3. The agreed prices include the respective statutory value-added tax. If the period between conclusion and fulfillment of the contract exceeds 4 months and the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price appropriately, but by no more than 5%.
4. The prices may also be changed by the hotel if the customer subsequently wishes to change the number of booked rooms/apartments, the hotel’s services, or the length of stay of the guests, and the hotel agrees to this.
5. Hotel invoices without a due date are payable within 10 days of receipt by the customer without deduction. The hotel is entitled to make accumulated claims due at any time and to demand immediate payment.
6. The hotel is entitled, upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours, to demand a reasonable advance payment or security deposit. Any advance payments and due dates must be agreed in writing in the contract.
7. The customer may only offset or reduce a claim by the hotel with an undisputed or legally established claim.
IV. Withdrawal, Cancellation, Termination or Non-utilization of Booked Services by the Customer
1. A customer’s withdrawal from the contract concluded with the hotel requires the hotel’s written consent. If this is not provided, the agreed price from the contract must be paid even if the customer does not use the contractual services. This does not apply in case of breach of the hotel’s obligation to take into account the rights, legal interests, and interests of the customer, if adherence to the contract is no longer reasonable for the customer or if the customer has another statutory or contractual right of withdrawal.
2. If a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering payment or compensation claims by the hotel. The customer’s right of withdrawal expires if it is not exercised in writing to the hotel by the agreed date, unless a case of the customer’s withdrawal pursuant to number 1 sentence 3 exists.
3. For rooms/apartments not used by the customer, the contractually agreed remuneration must otherwise be paid by the customer. The hotel is free to standardize the deduction for saved expenses. In this case, the customer is obligated to pay at least 80% of the contractually agreed price for the booked overnight stays as compensation. The customer is free to prove that no damage or less damage than claimed has occurred.
V. Pets
Pets are not permitted in our house. Exceptions, however, are guide dogs, hearing dogs, and other comparable service dogs. These may be brought along free of charge and at any time.
VI. Withdrawal by the Hotel
1. If a free right of withdrawal for the customer has been agreed in writing within a certain period, the hotel is also entitled to withdraw from the contract during this period if inquiries from other customers regarding the contractually booked rooms exist, unless the customer waives his right of withdrawal upon inquiry by the hotel.
2. If an agreed advance payment or an advance payment demanded in accordance with clause III No. 6 above is not made even after expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for a factually justified reason, for example if:
· Force majeure or other circumstances beyond the hotel’s control make it impossible to fulfill the contract
· Rooms/apartments are booked under misleading or false statement of material facts, e.g., regarding the identity of the customer or the purpose
· The hotel has justified reason to believe that the use of the hotel’s services might endanger 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 clause I No. 2.
4. In case of justified withdrawal by the hotel, the customer has no claim for compensation.
VII. Provision, Handover and Return of Rooms
1. The customer does not acquire any claim to the provision of specific rooms/apartments.
2. Booked apartments are available to the customer from 2:00 PM on the agreed arrival date. The customer has no claim to earlier provision.
3. On the agreed departure date, the rooms/apartments must be vacated and made available to the hotel by 11:00 AM at the latest. After that, due to the delayed vacating of the room/apartment for its use exceeding the contract, the hotel may charge extra costs in the amount of 10.00 Euros per hour. Contractual claims of the customer are not established by this. The customer is free to prove that the hotel incurred no or less damage.
VIII. Liability of the Hotel
1. The hotel is liable for its obligations from the contract with the diligence of a prudent businessman. Claims for damages by the customer are excluded except for damages resulting from injury to life, body, or health if the hotel is responsible for the breach of duty, as well as other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of contract-typical duties of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation upon knowledge or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to remedy the disruption and to keep possible damage to a minimum (duty to mitigate damages).
2. For items brought in, the hotel is liable to the customer according to statutory provisions, up to one hundred times the room price, but not exceeding € 3,500.00, and for money and valuables up to € 800.00. Money and valuables can be stored in the hotel safe up to a maximum value of € 900.00. The hotel recommends making use of this possibility. Liability claims expire if the customer does not notify the hotel immediately upon becoming aware of loss, destruction, or damage (§ 703 German Civil Code).
3. Messages, mail, and goods shipments for guests are handled with care. The hotel undertakes the delivery, storage, and forwarding of the same for a fee. Preceding number 1 sentences 2 to 4 apply accordingly.
IX. Final Provisions
1. Changes or additions to the contract, the acceptance of the application, or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are ineffective.
2. Place of performance and payment is the registered office of the hotel.
3. Exclusive place of jurisdiction – also for check and bill of exchange disputes – in commercial transactions is the registered office of the hotel. If a contracting party fulfills the requirements of § 38 Para. 2 Code of Civil Procedure and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
4. German law applies. The application of the UN Sales Convention and conflict of laws is excluded.
5. Should individual provisions of these General Terms and Conditions for Accommodation be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects, the statutory provisions shall apply.