GENERAL TERMS AND CONDITIONS OF THE HOTEL ACCOMMODATION AGREEMENT (as at: January 2010)
(1) These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes as well as all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: Accommodation contract, guest reception contract, hotel contract, hotel room contract
2. Subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby Section 540 (1) sentence 2 of the German Civil Code is waived insofar as the customer is not a consumer.
3. The customer's general terms and conditions shall only apply if this has been expressly agreed in text form in advance.
II. CONCLUSION OF THE CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD
(1) The contract is concluded by the hotel's acceptance of the customer's application. The hotel is free to confirm the room booking in text form
2. The contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
3. All claims against the hotel are in principle subject to a limitation period of one year from the statutory commencement of the limitation period. Claims for damages shall become statute-barred after five years, irrespective of knowledge, unless they are based on injury to life, body, health or freedom. These claims for damages shall become statute-barred after ten years, irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. SERVICES, PRICES, PAYMENT, OFFSETTING
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 agreed or applicable prices of the hotel for the provision of the room and the other services used by him. This shall also apply to services and expenses of the hotel to third parties arranged by the customer. The agreed prices include the respective statutory value added tax.
3. The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel's services or the customer's length of stay conditional upon an increase in the price for the rooms and/or for the hotel's other services.
4. Invoices of the hotel without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default in payment, the hotel shall be entitled to charge the respective applicable statutory default interest in the amount of currently 8% or, in the case of legal transactions involving a consumer, in the amount of 5% above the base interest rate. The hotel reserves the right to prove higher damages.
5. The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract in the form of a credit card guarantee, a down payment or similar. The amount of the advance payment and the payment dates may be agreed in text form in the contract. The statutory provisions shall remain unaffected in the case of advance payments or security deposits for package tours.
6. In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract until the start of the stay, to demand an advance payment or provision of security within the meaning of No. 5 above or an increase in the advance payment or provision of security agreed in the contract up to the full agreed remuneration.
7. The hotel shall also be entitled to demand a reasonable advance payment or security deposit within the meaning of No. 5 above from the customer at the beginning of 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 No. 5 and/or 6 above.
8. The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.
IV. CANCELLATION OF THE CUSTOMER (CANCELLATION) / NON-ACCEPTANCE OF THE HOTEL'S SERVICES (No Show)
(1) Cancellation by the customer of the contract concluded with the hotel requires the hotel's consent in text form. If this is not given, the agreed price under the contract shall be payable even if the customer does not make use of contractual services.
2. If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge in text form, the customer may withdraw from the contract up to that date without triggering payment or damage compensation claims by the hotel. The customer's right of withdrawal shall expire if he does not exercise his right of withdrawal vis-à-vis the hotel in text form by the agreed date.
3. In the case of rooms not used by the customer, the hotel shall offset the income from renting these rooms to other parties as well as the expenses saved. If the rooms are not let to other parties, the hotel may demand the contractually agreed remuneration and make a flat-rate deduction for the expenses saved by the hotel. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.
V. CANCELLATION BY THE HOTEL
(1) If it has been contractually agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract during this period if there are requests from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel.
2. If an advance payment or security deposit agreed or required above pursuant to Clause III Items 5 and/or 6 is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract
3. Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for factually justified reasons, for example if
- force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible;
- rooms or rooms are culpably booked with misleading or false information about facts material to the contract, e.g. about the person of the customer or about the room. e.g. concerning the person of the customer or the purpose of the customer's stay;
- the hotel has reasonable grounds to assume that the use of the hotel's services may jeopardise the smooth operation of the business, the security or the reputation of the hotel in public without this being attributable to the hotel's sphere of control or organisation;
- the purpose or the reason for the stay is unlawful;
- there is a breach of the above-mentioned Item I No. 2
4. In the event of justified withdrawal by the hotel, the customer shall have no claim to damages.
VI. ROOM PROVISION, HANDOVER AND RETURN
1. the customer does not acquire a claim to the provision of specific rooms, unless this has been expressly agreed in text form.
2. Booked rooms are available to the customer from 3:00 p.m. 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 and made available to the hotel by 12:00 noon at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for late vacating of the room for use in excess of the contract until 6:00 p.m., and 100% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotel has not incurred any or a significantly lower claim to a usage fee.
VII. LIABILITY OF THE HOTEL
1. the hotel is liable for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages arising from injury to life, body 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 duties typical of the contract by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or defects in the hotel's services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable in order to remedy the disruption and minimise any possible damage.
2. The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. Accordingly, liability is limited to one hundred times the room rate, but not more than € 3,500, and by way of derogation for money, securities and valuables not more than € 800. Money, securities and valuables can be stored in the hotel or room safe up to a maximum value of € 1,500. The hotel recommends making use of this possibility.
3. Insofar as a parking space is made available to the customer in the hotel garage or in a hotel car park, even for a fee, this does not constitute a safekeeping contract. The hotel shall not be liable for the loss of or damage to motor vehicles parked or manoeuvred on the hotel's property or their contents, except in cases of intent or gross negligence. The provisions of the above number 1, sentences 2 to 4 shall apply mutatis mutandis to the exclusion of the customer's claims for damages.
4. Wake-up calls shall be carried out by the hotel with the utmost care.
Messages, mail and consignments of goods for the guests shall be handled with care. The hotel shall undertake the delivery, safekeeping and - on request - forwarding of the same against payment. For the exclusion of claims for damages by the customer, the provision of the above number 1, sentences 2 to 4 shall apply accordingly.
VIII. FINAL PROVISIONS
(1) Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral amendments or supplements by the customer are invalid.
2. Place of performance and payment is the location of the hotel.
3. The exclusive place of jurisdiction - also for cheque and bill of exchange disputes - in commercial transactions is the registered office of the hotel under company law. If a contracting party fulfils the prerequisite of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the hotel's registered office under company law.
4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
5. 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
Hotelverband Deutschland (IHA) e. V. Status: January 2010