GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
- SCOPE OF APPLICATION
- These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
- The subletting or re-letting 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 if the customer is not a consumer.
- The customer’s general terms and conditions only apply if this has been expressly agreed beforehand.
- CONCLUSION OF CONTRACT, PARTNER, STATUTE OF LIMITATIONS
- The contractual partners are the hotel and the customer. The contract is formed when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in text form.
- All claims against the hotel expire one year after the start of the statutory limitation period. Claims for damages become statute-barred in five years, depending on knowledge, insofar as they are not based on injury to life, limb, health or freedom. These claims for damages become time-barred after ten years, regardless of knowledge. The shortening of the statute of limitations does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
- SERVICES, PRICES, PAYMENT, OFFSET
- The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
- The customer is obliged to pay the agreed or applicable hotel prices for rooms provided and for other services used. This also applies to services commissioned by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel.
- The agreed prices include the taxes and local duties applicable at the time the contract is concluded. Not included are local taxes, which are owed by the guest himself according to the respective municipal law, such as visitor’s tax. In the event of a change in the statutory sales tax or the introduction, change or abolition of local taxes on the service object after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
- The hotel can make its approval of a subsequent reduction in the number of booked rooms, the hotel’s service or the length of stay of the customer dependent on the price for the rooms and/or for the other services of the hotel increased.
- Invoices from the hotel without a due date are payable without deduction within ten days of receipt of the invoice. The hotel can demand the immediate payment of due claims from the customer at any time. In the event of default in payment, the hotel is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove higher damage.
- The hotel is entitled to demand a reasonable advance payment or security, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
- In justified cases, e.g. the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled to demand an advance payment or security deposit in the sense of Section 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the beginning of the stay, even after conclusion of the contract to demand the full agreed remuneration.
- The hotel is also entitled to demand a reasonable advance payment or security deposit within the meaning of Section 3.6 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such has not already been provided in accordance with Section 3.6 and/or Clause 3.7 has been provided.
- The customer can only offset or set off against a claim of the hotel with an undisputed or legally binding claim.
- CUSTOMER WITHDRAWAL (CANCELLATION, CANCELLATION) / NON-CLAIM
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