GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION AGREEMENT OF THE ABASTO HOTEL (STATE: April 2014) .
- SCOPE OF APPLICATION .
1. these terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and supplies of the hotel provided in this connection for the customer (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
- The subletting or subletting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived, unless the customer is a consumer.
- General terms and conditions of the customer shall only apply if this was previously expressly agreed in text form.
- CONTRACT CONCLUSION, PARTNERS, TERMINATION .
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.
- Contractual partners are the hotel and the customer. If a third party has ordered for the customer, he is 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 a corresponding declaration of the third party.
- All claims against the hotel are generally subject to a limitation period of one year from the start of the statutory limitation period. Claims for damages are subject to a limitation period of five years, regardless of knowledge, unless they are based on injury to life, limb, 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, BILLING .
1. the hotel is obliged to keep ready the rooms booked by the customer and to provide the agreed services.
- The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of rooms and other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer. The agreed prices include the respective statutory sales tax.
- The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel’s service 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.
- Invoices of the hotel without due date are payable within 7 days from receipt of the invoice without deduction. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of late payment, the Hotel shall be entitled to charge the applicable statutory interest on arrears in the amount of or, in the case of legal transactions involving a consumer, above the base interest rate. The hotel reserves the right to prove higher damages.
- 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 can be agreed in text form in the contract. In the case of advance payments or security for package tours, the statutory provisions remain unaffected.
- In justified cases, e.g. payment arrears on the part of the customer or expansion of the scope of the contract, the hotel is entitled, even after conclusion of the contract until the beginning of the stay, to demand an advance payment or security deposit in the sense of No. 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
- The hotel is also entitled to demand from the customer, at the beginning and during the stay, an appropriate advance payment or security deposit within the meaning of No. 5 above 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 No. 6 above.
- The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.
- The hotel is entitled to claim damages from the customer if the customer causes damage or gross soiling to the room furnishings in the rooms rented by him through improper actions. In this case, the hotel is entitled to demand additional payment during or after the end of the stay and to charge an appropriate amount as security. In the case of foreign guests, security may also be provided by charging a deposited credit card. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount demanded. All rooms in the hotel are non-smoking rooms. A violation of the strict smoking ban will be charged at a flat rate of € 150, – in the case of burn marks on furniture or carpeting, etc. if necessary higher, depending on the repair effort.
- CANCELLATION OF THE CUSTOMER (CANCELLATION, CANCELLATION) / NON-ACCEPTANCE OF THE SERVICES OF THE HOTEL (NO SHOW) .
1. withdrawal of the customer from the contract concluded with the hotel requires the consent of the hotel in text form. If this is not done, the agreed price under the contract must be paid even if the customer does not use contractual services. In this case, the cancellation conditions apply according to the reservation confirmation.
- If between the hotel and the customer a date for free withdrawal from the contract was agreed in text form, the customer can withdraw from the contract until then without triggering payment or damage claims by the hotel. The customer’s right to withdraw from the contract expires if he does not exercise his right to withdraw from the contract in text form to the hotel by the agreed date. 3.
In the case of rooms not used by the customer, the hotel shall credit the income from renting these rooms to other parties as well as the expenses saved. If the rooms are not rented to other parties, the hotel may demand the contractually agreed remuneration and make a lump-sum deduction for saved expenses of the hotel. In this case, the customer is obliged to pay at least 80% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board arrangements 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 claimed.
- RESIGNATION OF THE HOTEL .
1. if it was contractually agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is 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 to withdraw upon inquiry by the hotel.
- If an advance payment or security deposit agreed upon or demanded above pursuant to Item III Numbers 5 and/or 6 is not made even after the expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
- Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for an objectively justified reason, for example if
Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
rooms or rooms are culpably booked under misleading or false information of facts essential to the contract, e.g. to the person of the customer or the purpose of his stay;
the hotel has reasonable grounds to believe that the use of the hotel service may jeopardize 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 organization;the purpose or reason for the stay is unlawful;
there is a violation of item I no. 2 above.
- In the event of a justified withdrawal by the hotel, the customer shall not be entitled to compensation.
- ROOM PROVISION, DELIVERY AND RETURN.
1. the customer does not acquire a claim 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 are to be made available to the hotel vacated no later than 11:00 am. Thereafter, the hotel may charge 50% of the full accommodation price (list price) due to the late vacating of the room for its use in excess of the contract until 18:00, from 18:00 100%. Contractual claims of the customer are not justified by this. He is free to prove that the hotel no or a significantly lower claim for compensation for use has arisen.
VII. LIABILITY OF THE HOTEL.
1. the hotel is liable for its obligations under the contract. Claims by 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 typical contractual obligations of 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 deficiencies in the hotel’s services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and keep any possible damage to a minimum.
- 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 € 2,500, – and deviating for money, securities and valuables at most up to € 500, -. Money, securities and valuables can be stored in the room safe up to a maximum value of € 300. The hotel recommends to make use of this possibility.
- As far as the customer is provided with a parking space in a hotel parking lot, this does not constitute a safekeeping contract. In case of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is not liable, except in cases of intent or gross negligence. For the exclusion of the customer’s claims for damages, the provision of the above number 1, sentences 2 to 4 shall apply accordingly.
- Wake-up orders are executed by the hotel with the utmost care. Messages, mail and merchandise shipments for the guests will be handled with care. The hotel takes over the delivery, storage and – if desired – against payment the forwarding of the same. For the exclusion of claims for damages by the customer, the provision of the above number 1, sentences 2 to 4 shall apply accordingly.
1. amendments and additions to the contract, the application acceptance or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements by the customer are ineffective.
- The place of performance and payment shall be the location of the hotel.
- Exclusive place of jurisdiction – also for check and bill of exchange disputes – in commercial transactions is the corporate seat of the hotel. If a contracting party fulfills the requirement of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the corporate seat of the hotel.
- German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws shall be excluded.
- If individual provisions of these General Terms and Conditions are or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory
HOTEL ABASTO, Vilsan GmbH Max- Rappenglitz- Ring 1