1. SCOPE OF APPLICATION
- These Terms and Conditions shall apply to contracts for the rental of hotel rooms and vacation apartments for lodging purposes as well as all other services and deliveries of the lodging establishment rendered to the customer in this context (lodging contract). The term "Hotel Accommodation Agreement" includes and replaces the following terms: Accommodation Contract, Guest Accommodation Contract, Hotel Contract, Hotel Room Contract.
- Subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation shall require the prior consent of the establishment in text form, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB)
- General terms and conditions of the customer shall only apply if this has been expressly agreed in text form in advance.
2. CONCLUSION OF CONTRACT, CONTRACTING PARTIES, STATUTE OF LIMITATIONS
- The contracting parties are the accommodation provider and the customer. The contract is concluded by the acceptance of the customer's application by the accommodation company. The accommodation company is free to confirm the room booking in text form.
- All claims against the accommodation company are generally subject to a limitation period of one year from the start 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 accommodating establishment.
3. SERVICES, PRICES, PAYMENT, SET-OFF
- The accommodation provider is obliged to keep the rooms booked by the customer available and to provide the agreed services.
- The customer is obligated to pay the agreed or applicable prices of the accommodating establishment for the provision of the room and the other services used by the customer. This also applies to services ordered by the customer directly or via the accommodation company, which are provided by third parties and paid for by the accommodation company.
- The agreed prices include the taxes and local charges applicable at the time of the conclusion of the contract. Not included are local taxes, which are owed by the guest according to the respective local law, such as visitor's tax. In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the subject of performance 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 the conclusion and fulfillment of the contract exceeds four months.
- The accommodating establishment may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the service provided by the accommodating establishment or the customer's length of stay conditional upon a reasonable increase in the price for the rooms and/or for the other services provided by the hotel.
- Invoices of the accommodating establishment are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment shall be made within ten days of receipt of the invoice without deduction, unless otherwise agreed.
- The accommodation provider is entitled to demand an appropriate 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 can be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected. In the event of default of payment by the customer, the statutory provisions shall apply.
- In justified cases, for example payment arrears of the customer or extension of the scope of the contract, the accommodation company is entitled to demand an advance payment or security deposit in the sense of the above section 3.6 or an increase of 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.
- The accommodation provider is also entitled to demand an appropriate advance payment or security deposit in the sense of Item 3.6 above from the customer at the beginning and during the stay for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with Item 3.6 above and/or Item 3.7.
- The customer may only offset or set off an undisputed or legally binding claim against a claim of the accommodating establishment.
- The customer agrees that the invoice can be sent to him electronically.
4. REVOCATION BY THE CUSTOMER (COUNTERMAND, CANCELLATION)/ NO SHOW
1. The customer may only withdraw from the contract concluded with the accommodation provider if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists or if the accommodation provider expressly agrees to the cancellation of the contract.
2. If the hotel and the customer have agreed upon a deadline for revocation of the contract free of charge, the customer may revoke the contract up until that date without triggering any claims for payment or damages by the hotel.
3. If a right of withdrawal has not been agreed upon or has already expired, if there is also no legal right of withdrawal or termination and if the accommodating establishment does not agree to a cancellation of the contract, the accommodating establishment shall retain the claim to the agreed remuneration despite the non-utilization of the service. The accommodation company has to take into account the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not rented to other parties, the accommodation company can make a lump-sum deduction for saved expenses. In this case, the customer is obligated to pay 90% of the contractually agreed price for overnight stays with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount demanded.
5. CANCELLATION OF THE ACCOMMODATION SERVICE
- If it has been agreed that the customer may revoke the contract free of charge within a certain period, then the hotel has, for its part, the right to revoke the contract within this period if inquiries are made by other customers relating to the contractually reserved rooms and if the customer does not waive its revocation right after an inquiry is made and a reasonable period of time set by the hotel. This shall apply accordingly if the customer has been granted an option and other inquiries are made and the customer is not prepared to make a firm booking after the hotel makes an inquiry and sets an appropriate time period.
- If an advance payment or security deposit agreed or demanded in accordance with Item 3.6 and/or Item 3.7 is not made even after a reasonable grace period set by the accommodating establishment has expired, the accommodating establishment shall also be entitled to withdraw from the contract.
- Furthermore, the accommodation company is entitled to withdraw from the contract extraordinarily for factually justified reasons, in particular if
- force majeure or other circumstances for which the accommodation company is not responsible make the fulfillment of the contract impossible;
- rooms or rooms are culpably booked under misleading or false information or concealment of essential facts; essential can be the identity of the customer, the solvency or the purpose of stay;
- the accommodation provider has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the safety or the reputation of the accommodation provider in public, without this being attributable to the control or organizational area of the accommodation provider;
- the purpose or reason of the stay is unlawful;
- there is a violation of item 1.2 above.
4. The justified withdrawal of the accommodation facility does not justify a claim for damages by the customer.
6. ROOM PROVISION, HANDOVER AND RETURN
- The customer does not acquire any right to the provision of certain rooms, unless this has been expressly agreed in text form.
- Booked rooms are available to the customer from 15:00 on the agreed arrival day. The customer has no right to earlier provision.
- On the agreed departure day, the rooms must be vacated and made available to the accommodation provider by 11:00 a.m. at the latest. Thereafter, the accommodation provider may charge 50% of the full accommodation price (price according to the price list) due to the delayed vacating of the room for its use exceeding the contract until 6:00 p.m., from 6:00 p.m. 90%. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the accommodation company has not incurred any or a significantly lower claim to a usage fee.
7. LIABILITY OF THE ACCOMMODATION PROVIDER
- The accommodation provider is liable for damages resulting from injury to life, body or health for which it is responsible. Furthermore, it shall be liable for other damages that are based on an intentional or grossly negligent breach of duty by the accommodating establishment or on an intentional or negligent breach of duties typical for the contract by the accommodating establishment. Typical contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the accommodation provider. Further claims for damages are excluded, unless otherwise provided for in this clause 7. In the event of disruptions or deficiencies in the services of the accommodating establishment, the accommodating establishment shall endeavor to remedy the same upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disturbance and to keep any possible damage to a minimum.
- The accommodation company is liable to the customer for brought-in objects according to the legal regulations. The accommodation provider recommends the use of the room safe. If the customer wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the accommodation provider.
- Insofar as a parking space is made available to the customer in the accommodation garage or in the parking lot, even for a fee, this shall not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the property and their contents, the accommodating establishment shall only be liable in accordance with the above Item 7.1, Sentences 1 to 4.
- Wake-up calls are carried out by the accommodating establishment with the utmost care. Messages for customers will be handled with care. After prior consultation with the customer, the accommodating establishment can take over the acceptance, safekeeping and - on request - the forwarding of mail and merchandise shipments against payment. The accommodating establishment shall only be liable in this respect in accordance with the above Item 7.1, Sentences 1 to 4.
8. FINAL PROVISIONS
- Amendments and supplements to the contract, the application acceptance or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements are invalid.
- The place of performance and payment as well as the exclusive place of jurisdiction - also for disputes concerning checks and bills of exchange - is Freiburg im Breisgau in commercial transactions. If the customer fulfills the prerequisite of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be Freiburg im Breisgau.
- German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
- In accordance with the legal obligation, the Accommodation Provider 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/