Terms and Conditions

TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT

1 SCOPE
1.1 These Terms and Conditions apply to contracts for the rental use of hotel rooms for accommodation purposes and all other services and deliveries provided by the hotel to the customer in this connection (hotel accommodation contract). The term „hotel accommodation contract“ encompasses and replaces the following terms: accommodation, guest accommodation, hotel, and hotel room contract.
1.2 The subletting or re-letting of the provided rooms, as well as their use for purposes other than accommodation, requires the prior written consent of the hotel in text form, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is excluded, provided the customer is not a consumer.
1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in advance.

2 CONCLUSION OF CONTRACT, PARTIES, LIMITATION PERIOD
2.1 The contracting parties are the hotel and the customer. The contract comes into effect upon the hotel's acceptance of the customer's application. The hotel is free to confirm the room booking in text form.
2.2 All claims against the hotel generally become time-barred in one year from the statutory commencement of the limitation period. This does not apply to claims for damages and other claims, provided 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 hotel's agreed or applicable prices for the provision of the room and the further services utilised by them. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel.
3.3 The agreed prices are inclusive of taxes and local charges applicable at the time of conclusion of the contract. Not included are local charges which, under the respective municipal law, are owed by the guest themselves, such as visitor's tax (Kurtaxe). In the event of a change in statutory VAT or the introduction, modification or abolition of local charges on the subject matter of the contract after the conclusion of the contract, the prices shall be adjusted accordingly. For contracts with consumers, this shall only apply if the period between the conclusion of the contract and the fulfilment of the contract exceeds four months.
3.4 The hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel's services or the length of the customer's stay requested by the customer conditional upon an increase in the price for the rooms and/or for the other hotel services.
3.5 Hotel invoices without a due date are payable within ten days of receipt of the invoice without deduction. The hotel may require immediate payment of due claims from the customer at any time
demand. In the event of late payment by the customer, statutory regulations shall apply. The hotel reserves the right to prove higher damages.
3.6 The hotel is entitled to require the customer to make a reasonable advance payment or provide security, for example in the form of a credit card guarantee, upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in the contract in text form. In the case of advance payments or securities for package tours, the statutory provisions remain unaffected. In the event of default in payment by the customer, the statutory regulations apply.
3.7 In justified cases, for example, payment arrears on the part of the customer or an extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract up to the start of the stay, to demand an advance payment or security deposit within the meaning of preceding Section 3.6, or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.8 The hotel is further entitled to demand an appropriate advance payment or security deposit from the customer at the beginning of and during the stay in accordance with the aforementioned Section 3.6 for existing and future claims arising from the contract, provided that such has not already been paid in accordance with the aforementioned Section 3.6 and/or Section 3.7.
3.9 The customer may only set off or offset against a claim of the hotel with an undisputed or legally binding claim.

4 CANCELLATION BY THE CUSTOMER (CANCELLATION, ANNULMENT) / FAILURE TO USE THE HOTEL'S SERVICES (NO SHOW)
4.1 A cancellation of the contract concluded with the hotel by the customer is only possible if a
right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists
or if the hotel explicitly agrees to the cancellation of the contract. The agreement of a
Both the right of withdrawal and any consent to the cancellation of the contract shall be in text form
take place.
4.2 If a date for the free-of-charge cancellation of the contract has been agreed between the hotel and the customer
the customer may withdraw from the contract until then without any claims for payment or damages
of the hotel. The customer's right of cancellation expires if they do not do so by the
exercises its right of cancellation towards the hotel on the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or
Right of cancellation and if the hotel does not agree to a cancellation of the contract, the hotel keeps the
Entitlement to the agreed remuneration despite failure to use the service. The hotel has the
Income from the alternative letting of the rooms and the expenses saved must be offset.
If the rooms are not otherwise let, the hotel may deduct the expenses saved
pay a flat rate. In this case, the customer is obliged to pay at least 90% of the contractually agreed
agreed price for accommodation with or without breakfast as well as for package arrangements with
External services: 70% for half-board and 60% for full-board arrangements. To the customer
it is proven that the aforementioned claim does not exist or does not exist in the requested amount
was created.

5 HOTEL CANCELLATION
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 likewise entitled to withdraw from the contract during this period if there are enquiries from other customers for the rooms booked under the contract and the customer does not waive their right of withdrawal upon being asked by the hotel within a reasonable period.
5.2 If an advance payment or security deposit agreed or demanded in accordance with Section 3.6 and/or Section 3.7 is not paid even after the expiry of a reasonable grace period set by the hotel, the hotel is likewise entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract with immediate effect for a objectively justifiable reason, in particular if
– Force majeure or other circumstances beyond the hotel's control that make the fulfilment of the contract impossible;
– rooms or spaces are culpably booked under misleading or false information or by concealing material facts; material facts in this context may include the identity of the customer, their solvency, or the purpose of the stay;
– the hotel has justified cause to believe that the use of the service may endanger the smooth business operations, the security, or the public reputation of the hotel, General Terms and Conditions for the Hotel Accommodation Contract © Hotelverband Deutschland (IHA) e.V. Page 7 Status: November 2014 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 breach of the aforementioned section 1.2.
5.4 The hotel's justified cancellation does not entitle the customer to compensation.

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.
6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer has no entitlement to earlier availability.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 at the latest. Thereafter, due to the late vacating of the room, the hotel may charge for its
For use beyond the terms of the contract, 70% of the full accommodation rate (list price) will be charged until 18:00; from 18:00 onwards, 90% will be charged. This does not give rise to any contractual claims on the part of the guest. The guest is free to prove that the hotel has incurred no charge for use, or a significantly lower charge.

7 HOTEL LIABILITY
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 based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual duties by the hotel. A breach of duty by the hotel shall be deemed equivalent to
of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this Clause 7. Should disruptions or defects
occur with the hotel's services, the hotel will endeavour to provide a remedy upon becoming aware of them or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable for them to resolve the disruption and keep any potential damage to a minimum.
7.2 For property brought in, the hotel is liable to the customer in accordance with the statutory provisions. The
Hotel recommends the use of the hotel or room safe. Provided that the guest, money, securities and
valuables with a value of more than 800 euros or other items with a value of more
if it is desired to contribute €3,500, this requires a separate safekeeping agreement with
the hotel.
7.3 Insofar as the customer is provided with a parking space in the hotel garage or in the hotel car park, even for a fee,
provided, no safekeeping agreement is thereby concluded. In the event of loss
or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents
the hotel shall be liable only in accordance with the foregoing section 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the utmost care.
Messages, mail and parcels for guests are handled with care. The hotel accepts
the delivery, storage and – upon request – for a fee, the redirection of the same.
In this regard, the hotel shall only be liable in accordance with the preceding Section 7.1, sentences 1 to 4.

8 FINAL PROVISIONS
8.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions
must be made in text form. Unilateral changes or additions by the
Customers are invalid.
8.2 Place of performance and payment as well as exclusive place of jurisdiction – also for cheque and bill of exchange disputes
– is 72532 Gomadingen in business transactions. If a contracting party meets the requirements of Section 38(2) of the Code of Civil Procedure (ZPO) and has no general place of jurisdiction domestically, the place of jurisdiction shall be 72532 Gomadingen.
8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions is excluded.
8.4 Should individual provisions of these General Terms and Conditions be invalid or void
be or become, the validity of the remaining provisions shall not be affected thereby. Otherwise
statutory regulations apply.