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General Terms and Conditions for the Hotel Accommodation Contract (GTC)
I. Scope of Application
1. these terms and conditions apply to hotel accommodation contracts as well as all other services and deliveries provided by the hotel for the guest.
Any deviating provisions, including those contained in the General Terms and Conditions of the Guest or the Customer, shall not apply unless expressly accepted by the Hotel in text form.
II Conclusion of Contract, Contracting Parties
(1) Upon a booking request by the Guest, a hotel accommodation contract (hereinafter referred to as the "Contract") shall be concluded between the respective operating company of the Hotel and the Guest upon corresponding booking confirmation by the Hotel.
The contracting parties are the hotel and the guest. If a third party makes the booking on behalf of the Guest, it shall be liable to the Hotel as the ordering party together with the Guest as joint and several debtors for all obligations under the Contract, provided that the Hotel has received a corresponding declaration from the ordering party. Irrespective of this, each ordering party is obligated to pass on to the guest all information relevant to the booking, in particular these General Terms and Conditions.
3. subletting and re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form.
III Services, Prices, Payment, Offsetting
(1) The hotel is obligated to hold the rooms booked by the guest ready in accordance with these General Terms and Conditions and to provide the agreed services.
(2) The guest is obligated to pay the prices of the hotel applicable or agreed upon for the provision of the room and the other services used by the guest. This shall also apply to services and expenses of the hotel vis-à-vis third parties arranged by the guest or the customer. The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the guest's arrival exceeds four months and if, after the conclusion of the contract, the statutory value-added tax or any applicable local taxes and duties increase or if new local taxes and duties are introduced, the hotel reserves the right to increase the agreed prices by the amount by which the applicable value-added tax or local taxes and duties have increased or by the amount of the newly introduced local taxes and duties. 3.
3. the hotel may make its consent to a reduction requested by the guest after conclusion of the contract in the number of rooms booked, the hotel's services or the duration of the guest's stay conditional upon an increase in the price for the rooms and/or for the hotel's other services.
4. invoices of the hotel are due for payment immediately upon receipt without deduction. The Hotel may demand immediate payment of due receivables from the Guest at any time. The guest shall be in default at the latest if he does not make payment within 30 days after the due date and receipt of an invoice; this shall only apply to a guest who is a consumer if these consequences have been specifically pointed out in the invoice. The hotel may charge a reminder fee of € 5.00 for each reminder sent after default has occurred. General Terms and Conditions for the Hotel Accommodation Contract
5. the hotel is entitled to demand a reasonable advance payment or security deposit from the guest upon conclusion of the contract in the form of a credit card guarantee, a down payment or similar. The amount of the advance payment and the payment dates can be agreed in text form in the contract. 6.
6. in justified cases, e.g. payment arrears on the part of the guest or expansion of the scope of the contract, the hotel shall be entitled to demand an advance payment or security deposit within the meaning of the above paragraph 5 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after conclusion of the contract until the beginning of the stay.
7. the hotel is further entitled to demand from the guest at the beginning and during the stay a reasonable advance payment or security deposit within the meaning of the above paragraph 5 for existing and future claims under the contract, unless such a payment has already been made in accordance with the above paragraph 5 and / or paragraph 6.
The Guest may only offset an undisputed or legally established claim against a claim of the Hotel.
IV. Rescission by the Guest, Cancellation
1. the hotel grants the guest a right of withdrawal at any time. The following provisions shall apply:
a) In the event of the Guest's withdrawal from the reservation, the Hotel shall be entitled to reasonable compensation.
b) The hotel has the option to claim compensation from the guest in the form of a compensation lump sum instead of a concretely calculated compensation. The compensation lump sum amounts to 90% of the contractually agreed price for overnight stays with or without breakfast, 70% of the contractually agreed price for overnight stays with half board and 60% of the contractually agreed price for overnight stays with full board arrangements. The guest is free to prove that the hotel has not suffered any damage or that the damage suffered by the hotel is lower than the requested compensation lump sum.
c) If the hotel calculates the compensation specifically, the amount of compensation shall not exceed the amount of the contractually agreed price for the service to be provided by the hotel, less the value of the expenses saved by the hotel and what the hotel acquires through other uses of the hotel services.
(2) The above provisions on compensation shall apply mutatis mutandis if the guest does not make use of the booked room or the booked services without notifying the hotel in due time.
3. if the hotel has granted the guest an option in the contract to withdraw from the contract within a certain period of time without further legal consequences, the hotel shall have no claim to compensation. Decisive for the timeliness of the notice of withdrawal is its receipt by the hotel. The guest must declare the withdrawal in text form.
V. Rescission by the Hotel
1. if the guest has been granted a free right of withdrawal in accordance with Item IV, Paragraph 3, the hotel is also entitled to withdraw from the contract within the agreed period if there are inquiries from other guests regarding the booked rooms and the guest does not waive his free right of withdrawal in accordance with Item IV, Paragraph 3 upon inquiry by the hotel.
2. if an agreed advance payment or security deposit required in accordance with clause III, paragraph 5 and/or 6 above is not made even after expiration of a grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
Furthermore, the hotel is entitled to withdraw from the contract, in particular if - force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; - rooms are booked under misleading or false statements of material facts, e. g. the hotel has reasonable grounds to believe that the use of the hotel's services may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization; - there is an unauthorized subletting or subletting pursuant to Section II, Paragraph 3; - there is a case pursuant to Section VI, Paragraph 3. 3 exists; - the hotel becomes aware of circumstances that the financial circumstances of the guest have significantly deteriorated after conclusion of the contract, in particular if the guest does not settle due claims of the hotel or does not provide sufficient security and therefore payment claims of the hotel appear to be at risk; - the guest has filed an application for the opening of insolvency proceedings against his assets, has made a statement of assets in accordance with § 802c of the German Code of Civil Procedure (Zivilprozessordnung), has initiated out-of-court proceedings for the settlement of debts, or has suspended his payments; - insolvency proceedings are opened against the guest's assets or the opening of such proceedings is rejected for lack of assets.
4. the hotel has to inform the guest of the exercise of the right of withdrawal immediately in text form.
In the aforementioned cases of withdrawal, the guest shall not be entitled to compensation.
VI Arrival and Departure
1. the guest does not acquire a claim to the provision of specific rooms unless the hotel has confirmed the provision of specific rooms in text form.
2. booked rooms are available to the guest from 15.00 on the agreed day of arrival. The guest has no right to earlier provision. 3.
3. booked rooms are to be claimed by the guest no later than 6:00 p.m. on the agreed day of arrival. Unless a later arrival time has been expressly agreed, the hotel has the right to assign booked rooms to other guests after 6:00 p.m. without the guest being able to derive any claims for compensation from this. The hotel has a right of withdrawal in this respect. 4.
On the agreed departure day, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. Thereafter, the hotel may charge the daily room rate for the additional use of the room until 6:00 p.m., and 100 % of the full valid room rate after 6:00 p.m., in addition to any damages incurred by the hotel as a result. The guest is at liberty to prove to the hotel that the hotel has incurred no damage or significantly lower damage.
VII Liability of the Hotel, Statute of Limitations
(1) In the event of disruptions or deficiencies in the hotel's services, the hotel shall endeavor to remedy such upon the guest's immediate complaint. If the guest culpably fails to notify the hotel of a defect, the guest shall not be entitled to a reduction of the contractually agreed remuneration. 2.
2. the hotel is liable in accordance with the statutory provisions for all damages arising from injury to life, limb and health, as well as in the event of the assumption of a guarantee on the part of the hotel and in the event of fraudulently concealed defects.
3. the hotel shall only be liable for all other damages, which are not covered by section VII paragraph 2 and which are caused by slightly negligent behavior of the hotel, its legal representatives or its vicarious agents, if these damages are due to the breach of a typical contractual obligation. In such cases, liability shall be limited to the foreseeable damage typical for the contract.
(4) The above limitations of liability shall apply to all claims for damages regardless of their legal basis, including claims in tort. The above limitations and exclusions of liability shall also apply in cases of any claims for damages by a guest against employees or vicarious agents of the hotel. They shall not apply in cases of liability for a defect following the assumption of a guarantee for the quality of an item or a work, in the case of fraudulently concealed defects or in the case of personal injury. 5.
5. the hotel shall be liable to the guest for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the accommodation price, but no more than € 3,500.00. For valuables (cash, jewelry, etc.), this liability shall be limited to € 800.00. the hotel recommends that the guest make use of the possibility of storage in the room or central hotel safe.
Insofar as a parking space is made available to the guest in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel is not obligated to monitor the parking space. In the event of loss of or damage to motor vehicles parked or maneuvered on hotel property and their contents, the hotel shall not be liable unless the hotel, its legal representatives or its vicarious agents are responsible for intent or gross negligence. In this case, the damage must be claimed against the hotel at the latest when leaving the hotel property.
7. wake-up orders are executed by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
8. messages, mail and merchandise shipments for the guests will be handled with care. The hotel will take care of the delivery, safekeeping and - upon request - forwarding of the same for a fee, as well as for lost property upon request. Claims for damages, except for gross negligence or intent, are excluded. The hotel is entitled to hand over the aforementioned items to the local lost and found office after a storage period of one month at the latest, subject to the payment of a reasonable fee.
9) The guest's claims for damages shall become statute-barred at the latest after two years from the time the guest becomes aware of the damage or, irrespective of such knowledge, at the latest after three years from the time of the damaging event. This does not apply to liability for damages resulting from injury to life, body or health, or for other damages resulting from an intentional or grossly negligent breach of duty by the hotel, a legal representative or vicarious agent of the hotel.
VIII Final Provisions
1. amendments or additions to the contract, the acceptance of the application or these General Terms and Conditions for Hotel Accommodation shall be made in text form. Unilateral changes or additions by the guest are ineffective.
2. place of performance and payment is the registered office of the hotel.
3. the place of jurisdiction is - if the contractual partner of the hotel is a merchant or a legal entity under public law - the registered office of the hotel or, at the hotel's discretion, Cologne. If the contractual partner of the hotel has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel. However, the hotel shall be entitled to bring actions and other legal proceedings also at the general place of jurisdiction of the guest. The hotel is not willing and not obligated to participate in dispute resolution procedures before a consumer arbitration board.
4. the law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
5. should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply. Status: February 2019