1. SCOPE
1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and other services provided by the hotel (hotel accommodation contract).
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.
3. The customer's general terms and conditions shall only apply if this has been expressly agreed in writing in advance.
2. CONCLUSION OF THE CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD
1. The hotel is free to confirm the room reservation in writing.
2. The contracting parties are the hotel and the customer. If a third party has made the booking on behalf of the customer, they shall be jointly and severally liable to the hotel together with the customer.
3. All claims against the hotel shall generally become time-barred one year after the start of the statutory limitation period. Claims for damages shall become time-barred after five years. The shortened limitation periods shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
3. SERVICES, PRICES, PAYMENT, SET-OFF
1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obliged to pay the hotel's applicable prices for the provision of rooms and any other services used by him. This also applies to services and expenses incurred by the hotel to third parties at the customer's request. The agreed prices include the applicable statutory value added tax.
3. 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 increase in the price for the rooms and/or other services provided by the hotel.
4. Hotel invoices are payable without deduction within 14 days of the invoice being sent. In the event of late payment, the hotel is entitled to charge a flat rate (late payment surcharges, processing fee) of 25.00 euros.
5. The hotel is entitled to demand an advance payment or security deposit from the customer upon conclusion of the contract.
6. In justified cases, e.g. payment arrears on the part of the customer, the hotel is entitled to refuse further services.
7. The customer may only offset or set off a claim against a claim by the hotel if the claim is undisputed or legally binding.
4. CANCELLATION BY THE CUSTOMER (CANCELLATION, CANCELLATION and NoShow)
1. Cancellation by the customer of the contract concluded with the hotel requires the consent of the hotel in writing. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of the contractual services.
2. If a date for free withdrawal from the contract has been agreed in writing 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. The customer's right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel in writing by the agreed date.
3. For rooms not used by the customer, the hotel shall offset the income from renting these rooms to other parties. If the rooms are not rented to other parties, the hotel may charge 100% of the contractually agreed remuneration.
4. The right to withdraw from the contract concluded with the hotel expires two weeks before the contractually agreed date of arrival. Note: In accordance with Directive 2011/83/EU of the European Parliament, Article 16, the 14-day right of withdrawal does not apply to hotel bookings. The hotel's cancellation policy applies.
5. WITHDRAWAL BY THE HOTEL
1. If it has been agreed in writing that the customer may withdraw from the contract free of charge within a certain period, the hotel is also entitled to withdraw from the contract during this period (e.g. failure to comply with contractually agreed advance payment).
2. In the event of justified withdrawal by the hotel, the customer shall not be entitled to any compensation.
6. ROOM PROVISION, HANDOVER AND RETURN
1. The customer shall not be entitled to the provision of specific rooms, unless this has been expressly agreed in writing.
2. Booked rooms are available to the customer from 2 p.m. on the agreed day of arrival. The customer has no right to earlier provision.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10:30 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for use of the room beyond the contractual period until 2:00 p.m. due to the delayed vacating of the room, and 100% thereafter.
7. LIABILITY OF THE HOTEL
1. The hotel is liable for its obligations under the contract. Claims for damages by the customer are excluded. This does not apply to damages resulting from injury to life, limb or health, if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel, and damages based on an intentional or negligent breach of typical contractual obligations of the hotel. Should disruptions or defects occur in the hotel's services, the hotel shall endeavour to remedy the situation upon becoming aware of it or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and minimise any possible damage.
2. The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. According to these provisions, liability is limited to one hundred times the room price, but not exceeding £3,500, and, in deviation from this, for money, securities and valuables, not exceeding £800. Money, securities and valuables can be stored in the hotel safe up to a maximum value of £3,500.
3. If the customer is provided with a parking space in the garage or in a hotel car park, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to motor vehicles, trailers, motorcycles or trailers and their contents parked or manoeuvred on the hotel premises, except in cases of intent or gross negligence.
8. FINAL PROVISIONS
1. Amendments and additions to the contract or these General Terms and Conditions must be made in writing. Unilateral amendments or additions by the customer are invalid.
2. The place of performance and payment is the location of the hotel.
3. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions or similar is excluded.
4. Should individual provisions of these General Terms and Conditions 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.
VAT ID No. DE320735890
IHK number 10000626746
Biederstaedt KG Status 12/2021