GENERAL TERMS AND CONDITIONS (GTC) OF HOTEL WALDESBLICK FOR THE HOTEL ACCOMMODATION CONTRACT
1 SCOPE OF APPLICATION
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” encompasses and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
1.2 The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the hotel, whereby § 540 (1) sentence 2 BGB (German Civil Code) is waived if the customer is not a consumer within the meaning of § 13 BGB.
1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in writing in advance.
2 CONCLUSION OF CONTRACT, CONTRACTUAL PARTNERS, STATUTE OF LIMITATIONS
2.1 The contracting parties are the hotel and the customer. The contract is concluded upon acceptance of the customer’s application by the hotel. The hotel is free to confirm the room reservation in writing.
2.2 All claims against the hotel shall generally become time-barred one year after the commencement of the statutory limitation period.
This does not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the agreed or applicable hotel prices for the provision of the room and any other services used by him. This also applies to services ordered by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel.
3.3 The agreed prices include all taxes and local charges applicable at the time of conclusion of the contract. Local taxes that are payable by the guest in accordance with the respective municipal law, such as visitor’s tax, are not included.
In the event of a change in the statutory value added tax or the introduction, change or abolition of local taxes on the subject matter of the contract after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion of the contract and performance of the contract exceeds four months.
3.4 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s services or the customer’s length of stay requested by the customer dependent on an appropriate increase in the price for the rooms and/or other hotel services.
3.5 Hotel invoices are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment shall be made without deduction within ten days of receipt of the invoice, unless otherwise agreed.
3.6 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
In the event of late payment by the customer, the statutory provisions shall apply.
3.7 In justified cases, for example, if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract and up to the start of the stay, to demand an advance payment or security deposit in accordance with clause 3.6 above, or to increase the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.8 The hotel is also entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of clause 3.6 above for existing and future claims arising from the contract, unless such a payment has already been made in accordance with clause 3.6 and/or clause 3.7 above.
3.9 The customer may only offset or set off a claim against a claim by the hotel if the claim is undisputed or legally binding.
3.10 The customer agrees that the invoice may be sent to them electronically..
4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION)/
FAILURE TO UTILISE THE HOTEL’S SERVICES (NO SHOW)
4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if a statutory right of withdrawal exists, or if the hotel expressly agrees to the cancellation of the contract.
4.2 If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract until that date without triggering any payment or compensation claims by the hotel.
4.3 If a right of withdrawal has not been agreed or has already expired, and if there is no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel shall retain its claim to the agreed remuneration despite the service not being used. The hotel must offset the income from renting the rooms elsewhere and the expenses saved.
If the rooms are not rented to other guests, the hotel may apply a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast, as well as for package deals with external services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.
5 WITHDRAWAL BY THE HOTEL
5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract during this period if there are enquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel with a reasonable deadline. This applies accordingly when an option is granted if other enquiries exist and the customer is not prepared to make a firm booking within a reasonable period of time after being asked by the hotel.
5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and/or Section 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if
– force majeure or other circumstances beyond the hotel’s control make it impossible to fulfil the contract;
– Rooms or spaces are booked culpably under misleading or false information or by concealing essential facts; essential facts may include the identity of the customer, their solvency or the purpose of their stay;
– the hotel has reasonable grounds to believe that the use of the service may jeopardise the smooth running of the business, the safety or the public image of the hotel, without this being attributable to the hotel’s sphere of control or organisation; the purpose or reason for the stay is unlawful;
– there is a violation of section 1.2 above.
5.4 The hotel’s justified withdrawal shall not entitle the customer to claim damages.
6 ROOM PROVISION, HANDOVER AND RETURN
6.1 The customer shall not be entitled to the provision of specific rooms, unless this has been expressly agreed in writing.
6.2 Reserved rooms shall be available to the customer from 3 p.m. on the agreed day of arrival. The customer shall not be entitled to earlier provision.
6.3 On the agreed departure date, the rooms must be vacated and made available to the hotel by 10:00 a.m. at the latest. After that, the hotel may charge 50% of the full accommodation price (price according to the price list) for the use of the room beyond the contractual period until 6 p.m. due to the delayed vacating of the room, and 90% after 6 p.m. This does not give rise to any contractual claims on the part of the customer. He is free to prove that the hotel has incurred no or a significantly lower claim to a usage fee.
7 LIABILITY OF THE HOTEL
7.1 The hotel shall be liable for damages for which it is responsible resulting from injury to life, limb or health. Furthermore, it shall be liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach of typical contractual obligations of the hotel. Typical contractual obligations are those obligations that enable the proper execution of the contract and on whose fulfilment the customer relies and may rely. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in this Section 7. Should any disruptions or deficiencies occur in the hotel’s services, the hotel will endeavour to remedy the situation as soon as it becomes aware of them or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the fault and minimise any possible damage.
7.2 The hotel shall be liable to the customer for items brought onto the premises in accordance with the statutory provisions. The hotel recommends using the hotel or room safe. If the customer wishes to bring in money, securities and valuables worth more than €800 or other items worth more than €3,500, this requires a separate storage agreement with the hotel.
7.3 If the customer is provided with a parking space in the hotel garage or on the hotel car park, even for a fee, this does not constitute a safekeeping agreement. In the event of loss or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, the hotel shall only be liable in accordance with the provisions of section 7.1, sentences 1 to 4 above.
7.4 Wake-up calls will be carried out by the hotel with the utmost care.
Messages for customers are handled with care. The hotel can, after prior agreement with the customer, accept, store and, if requested, forward post and goods for a fee. The hotel shall only be liable in this regard in accordance with the provisions of section 7.1, sentences 1 to 4 above.
8 FINAL PROVISIONS
8.1 Amendments and additions to the contract, the acceptance of applications or these General Terms and Conditions shall be made in writing. Unilateral amendments or additions are invalid.
8.2 The place of performance and payment as well as the exclusive place of jurisdiction – including for disputes relating to cheques and bills of exchange – in commercial transactions is Lahr. If the customer fulfils the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Lahr.
8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
8.4 In accordance with its legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (“ODR platform”): http://ec.europa.eu/consumers/odr/
However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.