1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries of the hotel (hotel accommodation contract) provided in this connection for the customer. The term “hotel accommodation contract” covers and replaces the following terms: accommodation, hospitality, hotel, hotel room contract.
1.2 The subcontracting or re-letting of the rooms and their use for purposes other than hotel accommodation require the prior consent of the hotel in text form, whereby § 540 para. 1 sentence 2 BGB is excluded as long as the customer is not a consumer.
1.3 General terms and conditions of business of the customer shall apply only if this has been expressly agreed previously.
2 TREATY AGREEMENT, PARTICIPATION, PERIOD
2.1 Contractual partners are the hotel and the customer. The contract is concluded by acceptance of the customer’s request by the hotel. The hotel is free to confirm the room booking in text form.
2.2 All claims against the hotel shall be subject to a limitation period of one year from the statutory start of limitation. This does not apply to claims for damages and other claims, if the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3 SERVICES, PRICES, PAYMENT, SETTLEMENT
3.1 The hotel is obliged to keep the rooms booked by the customer and to provide the agreed services.
3.2 The customer is obligated to pay the agreed or valid prices of the hotel for the room transfer and the additional services used by him. This also applies to services provided by the customer directly or through the hotel, which are provided by a third party and are expensed by the hotel.
3.3 The agreed prices are inclusive of the taxes and local taxes applicable at the time of conclusion of the contract. Local taxes are not included, which are owed by the guest according to the respective local law, such as the tourist tax. If the statutory value-added tax or the new introduction, change or abolition of local taxes on the object of performance after the contract is changed, the prices are adjusted accordingly. In the case of contracts with consumers, this applies only if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
3.4 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s performance or the duration of the customer’s stay dependent on the price of the rooms and / or other services provided by the hotel.
3.5 Invoices of the hotel without due date shall be payable within 10 days of receipt of the invoice without deduction. The hotel can demand the immediate payment of due receivables from the customer at any time. In case of default of payment of the customer, the legal regulations apply. The hotel reserves the right to prove higher damages.
3.6 The hotel is entitled to demand a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, upon conclusion of the contract by the customer. The amount of the advance payment and the payment dates can be agreed in the contract in text form. The statutory provisions shall remain unaffected in the case of prepayments or security payments for package tours. In case of default of payment of the customer, the legal regulations apply.
3.7 In justified cases, for example the client’s payment arrears or an extension of the scope of the contract, the hotel is entitled to make an advance payment or security deposit as defined in clause 3.6 above or an increase in the prepayment or security agreed in the contract up to the full after the conclusion of the contract agreed remuneration.
3.8 The hotel is also entitled, at the beginning and during the stay, to demand a reasonable advance payment or security deposit as defined in section 3.6 for existing and future claims from the contract, insofar as such is not already provided in accordance with clause 3.6 and / or clause 3.7 has been carried out.
3.9 The customer can only offset or charge against a claim of the hotel with an undisputed or legally binding claim.
4 CANCELLATION OF THE CUSTOMER (CANCELLATION, REVERSAL)/ NON-RESPONSIBILITY OF HOTEL SERVICES (NO SHOW)
4.1 A withdrawal of the customer from the contract concluded with the hotel is only possible if a right of rescission has been expressly agreed in the contract, there is another statutory right of withdrawal or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form.
4.2 Provided that a date for the cancellation of the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract by then, without incurring payment or compensation claims for the hotel. The right of withdrawal of the customer expires if he does not exercise his right to rescind the hotel by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already been terminated, there is no statutory withdrawal or right of cancellation and the hotel does not agree to a cancellation of the contract, the hotel reserves the right to the agreed remuneration despite non-utilization of the service. The hotel has to charge the income from renting the rooms and saving the expenses. If the rooms are not rented elsewhere, the hotel can deduct the lump sum for expenses saved. The customer is obliged in this case to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast as well as for lump sum arrangements with third-party services, 70% for half-pension and 60% for full-pension arrangements. The customer is free to prove that the above claim has not occurred or has not occurred to the required amount.
5 HOTEL WITHDRAWAL
5.1 If it was agreed that the customer can cancel the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period, if other customers’ requests for the contractually booked rooms are available and the customer makes a request for the hotel The right to rescind the contract.
5.2 If an advance payment or security deposit agreed or demanded in accordance with section 3.6 and / or clause 3.7 is not provided even after the expiry of a reasonable period of grace set by the hotel, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract for materially justified reasons, in particular if – force majeure or other circumstances beyond the control of the hotel make the fulfillment of the contract impossible; – Rooms or rooms are culpably booked with misleading or false indication or concealment of essential facts; The identity of the customer, the solvency or the purpose of residence may be essential; – the hotel has reason to believe that the use of the service may jeopardize the smooth operation, security or reputation of the hotel in the public without being attributable to the hotel’s sphere of control or organization; – the purpose or reason of the stay is illegal; – there is a breach of paragraph 1.2 above.
5.4 The justified rescission of the hotel does not constitute a claim of the customer for damages.
6 ROOM REQUIREMENT, TRANSITION AND RETURN
6.1 The customer shall not be entitled to the provision of certain rooms, unless this has been expressly agreed.
6.2 Booked rooms are available to the customer from 3 pm on the agreed arrival day. The customer is not entitled to any earlier provision.
6.3 On the agreed departure day, the rooms are to be vacated by the hotel no later than 12:00 noon. Thereafter, the hotel may charge 50% of the full price (list price) up to 18:00 hours due to the late evacuation of the room for its cross-border use, from 18:00 hours 90%. Contractual claims of the customer are not justified thereby. He is free to prove that the hotel has no or a significantly lower claim for usage compensation.
7 LIABILITY OF THE HOTEL
7.1 The hotel is liable for damage caused by injury to life, body or health. Furthermore, it is liable for other damages which are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent violation of contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in this clause 7. Should faults or deficiencies in the services of the hotel occur, the hotel will endeavor to remedy the situation if the customer is aware of it or if the customer’s complaint is prompt. The customer is obligated to contribute to the reasonable, in order to remedy the disturbance and keep a possible damage low.
7.2 The hotel shall be liable to the customer for any items brought in according to the legal provisions. The hotel recommends the use of the hotel or room. If the guest wishes to collect money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, a separate storage agreement with the hotel is required.
7.3 Insofar as the customer is provided with a parking space in the hotel garage or on the hotel parking lot, also for a fee, no deposit agreement is concluded. The hotel is only liable in the case of loss or damage to motorized vehicles parked or parked on the hotel premises and their contents, only in accordance with section 7.1, sentences 1 to 4 above.
7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and guest deliveries are treated with care. The hotel accepts the delivery, storage and – upon request – for the remittance of the same. The hotel shall be liable only in accordance with the provisions of clause 7.1, sentences 1 to 4 above.
8 FINAL PROVISIONS
8.1 Amendments and additions to the contract, the acceptance of the application or these general terms and conditions shall be made in text form. Unilateral changes or additions by the customer are ineffective.
8.2 Place of performance and payment as well as exclusive court of jurisdiction – also for checks and bills of exchange – is in commercial traffic Hotel HOHENHAUS, Hohenhaus 37293 Holzhausen near Herleshausen. If a contractual partner fulfills the prerequisite of § 38 para. 2 ZPO and does not have a general court jurisdiction within Germany, the court of jurisdiction is HOHENHAUS, Hohenhaus 37293 Holzhausen near Herleshausen.
8.3 German law shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods and Collision Law is excluded.
8.4 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 addition, the statutory provisions apply.