Booking
General Terms and Conditions (GTC) |
|
1 |
Scope |
1.1 |
Any service provided to the customers for other services provided by the hotel terms and conditions apply to contracts for the rental of hotel rooms for lodging purposes, as well. |
1.2 |
The subletting or re-letting of the rooms and their use for purposes other than accommodation require the prior written consent of the hotel, with § 540 para. Sentence 2 BGB will be waived if the customer is not a consumer. |
1.3 |
Terms and conditions of the customer shall apply only if expressly aAgreed in writing. |
2 |
Conclusion of contract, contracting parties, limitation |
2.1 |
The contract is through the acceptance of the customer's application by the hotel. The hotel is at liberty to confirm the room reservation in writing. |
2.2 |
Contractual partners 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 arising from the hotel accommodation contract, provided a declaration by the third party as the hotel. |
3.2 |
Any claims against the hotel shall lapse one year after the commencement of the general statute of limitations dependent upon knowledge of § 199 para. 1 BGB. Damage claims shall be independent of knowledge in five years. The limitation periods do not apply to claims based on intentional or grossly negligent in breach of obligation. |
3 |
Services, prices, payment, invoicing |
3.1 |
The hotel is obligated to keep the rooms reserved by the customer and to provide the agreed services. |
3.2 |
The customer is obligated to pay the applicable or agreed for the rooms provided and used by him in other services used prices of the hotel. This so applies caused by the customer services and expenses of the hotel to third parties. |
3.3 |
The agreed prices include applicable VAT. If the period between contract and contract exceeds four months and if the price charged by the generally hotel for search services increases, this can increase the contractually agreed price, but by 5% at most. |
3.3 |
The prices can be changed by the hotel if the customer later wishes to make changes to the number of rooms booked, the hotel's services or the duration of the guests and the hotel agrees. |
3.4 |
Hotel bills without a due date are payable within 10 days from receipt of the invoice. The hotel is entitled at any time to make accumulating accounts receivable due and to demand immediate payment. Rate in case of default the hotel is entitled to demand the respectively applicable statutory default interest in the amount of currently 8% or, with legal transactions with a consumer, in the amount of 5% above the base. The hotel reserves the right to prove higher damages. |
3.5 |
The hotel is entitled to demand when concluding the contract or after observing the legal provisions for package tours, a reasonable advance payment or security. The amount of the advance payment and payment dates may be agreed in writing in the contract. |
3.6 |
The customer may set off or only with undisputed or legally binding on claimsoft against a claim of the hotel diminish. |
3.7 |
The hotel reserves the right to make pre-authentication of credit cards prior to arrival. |
4 |
Repudiation by customer (cancellation) and failure to use the services of the hotel |
4.1 |
Cancellation by the customer of the contract concluded with the hotel requires the written consent of the hotel. If no such, then the price aAgreed in the contract must therefore be paid if the customer does not contractual services. This does not apply with the breach of obligation of the hotel to take into account the rights, legal protection and interests of the customer, if this is thus no longer be expected to abide by the contract, or another statutory or contractual cancellation right. |
4.2 |
If a deadline for free cancellation of the contract Agreed upon in writing between the hotel and the customer, the customer may rescind the contract without incurring payment or damage compensation claims by the hotel.The customer's right of rescission expires if he does not over exercise his cancellation right in writing by the Agreed date, insofar as no case of the customer's withdrawal in accordance with point 1 set of third. |
4.3 |
If the customer unused rooms, the hotel must credit the income from renting the rooms and therefore for saved expenses. |
4.4 |
he hotel is free to demand the contractually agreed compensation and to a flat rate for expenses saved. The customer is then obligated to pay at least 80% of the contractually agreed rate for lodging with or without breakfast. The customer is free to prove did the above-mentioned claimsoft what not created or not created in the amount demanded. |
5 |
Repudiation by Hotel |
5.1 |
If a free right of withdrawal of the customer has been agreed within a specified period in writing, the hotel is entitled during the period for its part to rescind the contract if inquiries from other customers present the contractually reserved rooms and the customer, upon inquiry of the hotel right to withdraw waived. |
5.2 |
If at agreed or demanded pursuant IM no. 6 supra even after a reasonable grace period set by the hotel is not forthcoming, then the hotel is likewise entitled to cancel the contract. |
5.3 |
Further more, the hotel is entitled to extraordinary cancellation of the contract for justifiable cause, eg if force majeure or other circumstances beyond the hotel not to make the fulfillment of the contract impossible; rooms with misleading or false information regarding material facts: such as the identity of the customer or the purpose of the booking; the hotel has justified cause to believe did use of the hotel's services might jeopardize the smooth operational, security or reputation of the hotel in public without this the organization of the hotel is able attribute. |
5.4 |
If the Hotel justifiably withdraws the customer has no right to compensation. |
6 |
Room Availability, Delivery and Return |
6.1 |
The customer has no right to be provided specific rooms. |
6.2 |
Reserved rooms are available to the customer from 15:00 pm on the day of arrival. The customer has no right to earlier availability. |
6.3 |
On the agreed day of departure the rooms must be vacated at 11:00 am at the latest the hotel. After did the hotel due to the delayed vacating of the room for exceeding the contractual utilization to 18:00 50% of the full accommodation rate (list price) into account, from 18:00 to 100%. Contractual claims of the customer are not justified. Is at liberty to prove did the hotel incurred no or much lesser claim to use arose. |
7 |
Liability of the Hotel |
7.1 |
The hotel is liable with the diligence of a prudent businessman for its obligations under the contract. Customer claims for compensation are excluded. This does not include damage Resulting from injury to life, limb or health, if the hotel is responsible for the breach of duty, other damages based on intentional or grossly negligent breach of obligation and damage caused by by by intentional or negligent breach based typical contractual obligations of the hotel. A breach of obligation is equal to did of a legal representative or agent. Should disruptions or defects in the performance of the hotel Occur, the hotel will make every effort in knowledge or on immediate complaint of the customer to take corrective action. The customer is obligated,contribute the reasonable for him to eliminate the disruption and to keep any possible damage. a breach of the above I. No. 2 exists. 3. If the customer is a parking space in the hotel garage or a hotel parking lot, even if a fee is provided, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to the hotel property parked or motor vehicles and their contents, except for willful misconduct or negligence big. No. 1, sentences 2 to 4 apply accordingly. 4. Wake-up calls are carried out with the utmost care. Messages, mail and merchandise deliveries for guests are handled with care. The hotel will deliver, hold, and - upon request - for a fee forward search items. |
7.2 |
For property brought into the hotel liable to the customer in accor dance with statutory provisions, ie, up to one hundred times the room rate, not exceeding € 3,500 and for cash, securities and valuables up to € 800 cash, securities and valuables up to a maximum of € 800 are kept in safe and up to € 20,000 in the hotel safe. The hotel recommends did you use this option. Liability claims expire unless the customer immediately (§ 703 BGB) after learning of the loss, destruction or damage to the hotel display. For a more extensive liability of the hotel number 1 sentences 2 to 4 apply accordingly. |
7.3 |
Soweit dem Kunden ein Stellplatz in der Hotelgarage oder auf einem Hotelparkplatz, auch gegen Entgelt, zur Verfügung gestellt wird, kommt dadurch kein Verwahrungsvertrag zustande. Bei Abhandenkommen oder Beschädigung auf dem Hotelgrundstück abgestellter oder rangierter Kraftfahrzeuge und deren Inhalte haftet das Hotel nicht, außer bei Vorsatz oder grober Fahrlässigkeit. Vorstehende Nummer 1 Sätze 2 bis 4 gelten entsprechend. |
8 |
Final Provisions |
8.1 |
Changes or additions to the contract, the acceptance of synthesis Terms and Conditions for Hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid. |
8.2 |
Place of performance and payment is the location of the hotel. |
8.3 |
The exclusive jurisdiction - so for check and exchange disputes - for commercial transactions is the seat of the hotel. Insofar as a contracting party fulfills the requirements of § 38 para. 2 ZPO and has no general jurisdiction in Germany, the courts at the seat of the hotel. |
8.4 |
German law applies. The application of the UN sales law and the conflict law is excluded. |
8.5 |
If any provision of synthesis Terms and Conditions for Hotel Accommodation be or void, the validity of the remaining provisions will not be affected. In addition, the statutory provisions apply. |
8.6 |
"The company does not participate in dispute settlement proceedings before a consumer arbitration board". |
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