GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
(AS OF OCTOBER 2009)
1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all the customers in this context for any further services provided by the hotel (hotel accommodation contract). The term "Hotel Accommodation Contract" includes and replaces the following terms: lodging, guest accommodation, hotel, hotel room contract.
2. The subletting or letting of rooms and their use for purposes other than accommodation require the prior approval of the hotel in writing, whereby § 540 paragraph 1 sentence 2 BGB is waived if the customer is a consumer.
3.Terms and conditions of the customer only if these are previously expressly agreed in writing.
II. CONTRACT, PARTIES, LIMITATION
1. The contract is through the adoption of the customer's application by the hotel. The hotel is at liberty to confirm the room reservation in writing.
2. Contracting parties are the hotel and the customer. If a third party placed the order, he is liable to the hotel together with the customer and severally liable for all obligations from the hotel accommodation contract if the hotel has a corresponding explanation of the third.
3. All claims against the hotel shall lapse one year from the legal limitation period. Damage claims shall be independent of knowledge in five years, unless they are based on injury to life, limb, health or freedom. These claims time-barred, independent of knowledge in ten years. The limitation periods do not apply to claims based on intentional or grossly negligent breach of obligation.
III. SERVICES, PRICES, PAYMENT, SET-OFF
1. The hotel is obligated to keep the booked rooms and to provide the agreed services.
2. The customer is obligated to pay the applicable or agreed to pay him in any other services agreed and current prices of the hotel. This also applies to the client to services and expenses of the hotel to others. The prices agreed include the applicable sales tax.
3. The hotel may make its consent to a request by the subsequent reduction in the number of reserved rooms, the hotel's services or the duration of the customer dependent on the price of the room and / or increases for the other services of the hotel.
4. Hotel bills without a due date within 10 days from receipt of invoice without deduction. The hotel, the immediate payment of overdue debts at any time demand from customers. If payment is delayed, the hotel is entitled to charge the statutory interest at the rate of 8% and is currently in legal transactions, in which a consumer is, in the amount of 5% above the base rate. The hotel reserves the right to prove greater damage.
5. The hotel is entitled to the contract by the customer a reasonable advance payment or security deposit in the form of a credit card guarantee, a deposit or to demand similar. The amount of advance payment and payment dates may be agreed in the contract in writing. In case of advance payments or security deposits for package tours, the statutory provisions.
6. In justified cases, e.g. Delay in payment by the customer or extension of the contract scope is entitled to the hotel, even after the contract until the beginning of the stay a deposit or guarantee under the above-mentioned No. 5 or an increase in the contract agreed advance payment or security to demand up to the full agreed fee.
7. The hotel is also entitled to demand at the beginning and during the stay by the customer a reasonable advance payment or security for the purposes above-mentioned No. 5 for existing and future claims under the contract, unless such done not already stated in the above paragraphs 5 and or 6 was.
8. The customer may only offset an uncontested or legally valid claim against a claim by the hotel.
IV. REPUDIATION BY CUSTUMER (CANCELLATION, ANNULMENT) / FAILURE USE THE SERVICES OF HOTELS (NO SHOW)
1. Cancellation by the customer from the contract concluded with the hotel requires the hotel agreement in writing. If not given, then the price agreed in the contract must be paid even if the customer does not avail himself of contractual services.
2. If the hotel and the customer an appointment to withdraw from the treaty was agreed in writing, may withdraw from the contract, the customer until then, without payment or compensation claims by the hotel. The customer's right of rescission expires if he does not exercise his right to the agreed date to withdraw from the hotel in writing.
3. If the customer does not under-utilized rooms the hotel has the income from renting the rooms and also for saved expenses anzurechnen.Werden the rooms are not rented, the hotel may demand the contractually agreed compensation and flat-rate deduction for saved expenses of the hotel. The customer is obliged in this case, pay 90% of the contractually agreed rate for lodging with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the above-mentioned claim is not justified or not in the required amount.
V. CANCELLATION OF HOTELS
1.Unless agreed by contract that the customer can cancel free of charge within a certain period of the contract, the hotel is in this period also entitled to rescind the contract if there are inquiries from other customers regarding the contractually reserved rooms and the customer when asked by the hotels to be not waived the right to withdraw.
2. If an agreed advance payment or not in accordance with Section III, paragraphs 5 and / or 6 required advance payment or security even after a reasonable grace period set by the hotel, the hotel is entitled to rescind the contract.
3. Moreover, the hotel is entitled to effect extraordinary cancellation of the contract for materially justifiable cause, eg if
- Force majeure or other circumstances beyond the hotel is not the fulfillment of the contract impossible;
- Room or rooms culpably misleading or false information regarding material contractual facts, such be booked to the customer or person for the purpose of his stay;
- The hotel has justified cause to believe that use of the hotel's services might jeopardize the smooth operation of the safety or reputation of the hotel in public, without this the management or organization of the hotel is attributable;
- The purpose or the occasion of the stay is illegal;
- There is a violation of Section I above No. 2.
4. From justified cancellation by the hotel does not entitle the customer for damages.
VI. ROOM SUPPLY, DELIVERY AND RETURN
1. The customer has no right to be provided specific rooms unless this was explicitly agreed in writing.
2. Reserved rooms are available from 15:00 clock to the customer on the agreed day of arrival. The customer has no right to earlier availability.
3.On the agreed day of departure the rooms must be vacated no later than 12:00 clock available. Otherwise the hotel because of the delayed vacating of the room for use exceeding the contractual end until 18:00 clock 50% of full accommodation rate (list price) into account, from 18:00 clock to 100%. Contractual claims are not justified. The customer is at liberty to show that the hotel no or much lesser claim to use damages incurred.
VII FINAL PROVISIONS
1. Changes and additions to the contract, the acceptance of these terms and conditions shall be in writing. Unilateral amendments and supplements by the customer are not valid.
2.Performance and payment is the location of the hotel.
3. The exclusive jurisdiction - also for check and exchange disputes - for commercial transactions is the corporate headquarters of the hotel. If a contracting party fulfills the requirements of Code of Civil Procedure § 38, paragraph 2, and has no general jurisdiction in the country, the jurisdiction of the corporate seat of the hotel.
4. German law applies. The application of the CISG and the conflict of laws are precluded.
5. If any provision of these Terms is invalid or void, the validity of the remaining provisions shall not be affected. In addition, the statutory provisions.
Phone 09843 / 1321
Fax 09843 / 2877
© Hotel Association Germany (IHA) Association Date: October 2009