Scope of applicability
- These terms and conditions govern contracts for the rental use of hotel rooms for lodging purpose as well as all other goods and services rendered by the hotel to the customer in this context.
Conclusion of contract, parties, statute of limitations
- The contract shall come into force upon the hotel's acceptance of the customer's offer. At its discretion, the hotel may confirm the room reservation in written form.
- The hotel and the customer are the contracting parties. In case that a third party ordered for the customer, it is liable to the hotel together with the customer as total debtors for all responsibilities from the hotel contract if the hotel has a suitable statement from the third party.
- The customer does not acquire the right to be provided specific rooms. If the agreed rooms are not available, the hotel is liable to exert for comparable room in the hotel or at a different location.
- The hotel is liable for its obligations under the contract. This liability is limited to shortcomings, which, beside in the typical service area, are caused by intention or gross negligence.
Room availability and return
- The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed and confirmed in written form by the hotel.
- Reserved rooms are available to the customer starting at 2:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability. If a late arrival is not expressly agreed, the hotel has the right to rent the reserved rooms elsewhere after 6:00 p.m. unless the customer has informed the hotel about the late arrival.
- At the day of departure the rooms must be vacated no later than 11:00 a.m.
Service, price, payment
- The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.
- The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services accepted.
- The agreed prices include all taxes and local taxes in effect at the time of the conclusion of contract. If the statutory value added tax is changed or if local taxes concerning the rooms and service are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted.
- If 120 days have passed between the conclusion of the contract and the fulfillment, the hotel has the right to adjust the prices without prior notice.
- Hotel invoices of individual customers are payable without deduction immediately at the moment of departure, cash or with the credit card. Following credit cards are accepted by the hotel: American Express, Diners Club, Mastercard and Visa Card.
- The hotel is entitled to require a reasonable advance payment from the customer. The amount of the advance payment and the payment date may be agreed in written form in the contract.
- Vouchers of the hotel can only be accepted if the original is shown at the hotel. Unpaid vouchers cannot be accepted. The value of a voucher always correlates the value at the date of the issuance. Adjusted prices or changings at the arrangements at the date of cashing the voucher are possible.
- Vouchers of travel agencies can only be accepted if there exists a credit agreement with the company or if appropriate advance payments are made. A reimbursement by voucher customers for not occupied services is excluded.
- Claims and rights arising from the agreement with the hotel can only be transferred to a third party with the consent from the hotel.
Withdrawal of the hotel
- If an advanced payment is not paid after a grace period with threat of withdrawal, the hotel is entitled to withdraw from the contract.
- Furthermore the hotel is entitled to effect an extraordinary withdrawal from the contract for a materially justifiable cause in particular if
- force majeure or other circumstances beyond the hotel's control render the fulfillment of the contract impossible.
- rooms or spaces are sublet by the guest without previous approval by the hotel.
- The hotel is obligated to inform the guest immediately about the exercise of the right of withdrawal.
- The justified withdrawal by the hotel constitutes no claims for damages for the customer besides in case of intention or gross negligence.
Withdrawal of the customer
- The customer is obligated, if he not uses the services, within 14 days prior to the commencement of the travel to pay 80 percent of the agreed or customary price. The reason of the nonattendance does not affect the obligation to pay.
- The hotel is in good faith obligated to let the not used rooms to avoid loss of rents.
- Until the further distribution of the rooms, the customer is obligated to pay the agreed price for the period of the contract.
Loss or damage to brought property
- The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions, this shall be limited to the hundredfold room price but not more than € 3,000. The liability of the hotel with regard to cash, securities and valuable objects is limited to € 750. Cash, securities and valuable objects may be kept in the safe deposit of the hotel with coverage up to € 25,000 offered by the insurance of the hotel. Personal belongings are at the customer's risk in the hotel. The hotel is not liable for the loss, destruction or damage besides intention or gross negligence by the hotel.
- Brought items must accord to the fire and police regulations. The hotel is entitled to request an official proof.
- The brought items are to be removed at the depature. The hotel is entitled to charge the customer for the removal of the items in case they are not removed by the customer. If the items stay in the hotel, the hotel is entitled to charge a fee. The hotel than reserves the right to proof a higher damage as the customer reserves the right to proof a lesser damage.
- The hotel is not liable for damage at parked vehicles on the parking lot even if the use of the parking lot is expressly indicated or if there is a charge for the parking lot. This does not apply if the hotel or its agents act with intention or gross negligence.
- The customer is liable for all damage at the building or inventory which he or a third party within the customer's sphere causes.
- The hotel can request the provision of securities (insurances, deposits, guarantees).
- Wake-up calls are carried out by the hotel with the greatest possible diligence. Claims of compensation for delay or omission are excluded.
- Messages, mail and merchandise deliveries for guests shall be handled with care. The hotel will deliver, hold and forward such items (on request). A liability for loss, delay or damage is excluded.
- Lost items: The hotel shall forward misplaced, forgotten or lost items only upon request and for a forwarding fee. The hotel shall deposit such items for a period of 6 months after which the hotel is entitled to hand over any such item to the local lost property office insofar as it seems to be of apparent value.
- Any changes or amendments to this contract, to the acceptance of a reservation request or to the general terms and conditions laid out in the hotel accommodation contract shall be made in writing. Unilateral changes or amendments made by the customer shall be invalid.
- Place of performance and payment shall be the hotel's official place of business.
- Exclusive place of jurisdiction, also for disputes on cheques and bills of exchange, is the hotel's official place of business.
- This contract is governed by the laws of the Federal Republic of Germany.
- Should individual provisions of the general terms and conditions in the hotel accommodation contract be or become invalid or void, the validity of the remaining provisions in the contract shall remain unaffected thereby.
Mandatory information according to the Regulation (EU) No 524/2013 of the European Parliament and of the Council:
Follow this link to the website of the European Commission’s entity for online dispute resolution for consumer disputes: http://ec.europa.eu/consumers/odr – further information is expected to be available there from 15 February 2016. Should you have any initial questions concerning a potential dispute resolution, please email us at firstname.lastname@example.org.
© Spirit Legal LLP 2016