Terms and Conditions for the Hotel Accommodation Contract
1 Scope of application
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for lodging purposes as well as all other goods and services 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 Accommodation Contract, Hotel Contract, Hotel Room Contract.
1.2 The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation shall require the prior consent of the hotel in text form, whereby § 540 (1), sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
1.3 The customer's terms and conditions shall only apply if this has been expressly agreed in advance.
2 Conclusion of contract, contracting parties, limitation period
2.1 Contractual partners are the hotel / hotel operating company and the customer. 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. If a third party has placed an order for the customer, he or she 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.
2.2 All claims against the hotel are generally subject to a limitation period of one year from the statutory commencement of the limitation period. This shall not apply in the case of claims for damages and other claims insofar as the latter are based on an intentional or grossly negligent breach of duty on the part of the hotel.
3 Services, prices, payment, set-off
3.1 The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
3.2 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 or her. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel.
3.3 If the period between conclusion and performance of the contract exceeds 4 months and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a reasonable amount, but by no more than 5%.
3.4 The agreed prices include the taxes and local levies applicable at the time of conclusion of the contract. Not included are the fees for the car parking space on the hotel premises or in the underground car park as well as local taxes which are owed by the guest according to the respective local law, such as visitor's tax. In the event of a change in the statutory VAT or the introduction, amendment or abolition of local levies on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion and performance of the contract exceeds four months.
3.5 The hotel may grant 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.
3.6 Hotel invoices without a due date are payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. In the event of default of payment by the customer, the statutory provisions shall apply.
3.7 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example, in the form of a credit card guarantee. 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 deposits for package tours, the statutory provisions remain unaffected. In the event of default of payment by the customer, the statutory provisions shall apply.
3.8 In justified cases, for example, 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 security deposit within the meaning of Clause 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.9 Furthermore, the hotel shall be entitled to demand from the customer a reasonable advance payment or security deposit within the meaning of Clause 3.6 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such a payment has not already been made in accordance with Clause 3.6 and/or Clause 3.7 above.
3.10 The customer may only set off or offset an undisputed or legally enforceable claim against a claim of the hotel.
4 Withdrawal of the customer (cancellation) / non-utilisation of the hotel's services (no show)
4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists 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 in each case.
4.2 Insofar as a date for withdrawal from the contract free of charge has been agreed between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering claims for payment or damages on the part of the hotel. The customer's right of withdrawal expires if he or she does not exercise his or her right of withdrawal to the hotel by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite the non-utilisation of the service. The hotel shall take into account the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not otherwise let, the hotel may make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight accommodation with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount claimed.
5 Withdrawal of the hotel
5.1 Insofar as it has been 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 enquiries from other customers for the contractually booked rooms and the customer does not waive his or her right of withdrawal upon inquiry by the hotel with a reasonable deadline.
5.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.6 and/or Clause 3.7 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.
5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if - force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract; - bedrooms or rooms are culpably booked with misleading or false information or concealment of material facts; this may include the identity of the customer, his ability to pay or the purpose of his stay; - the hotel has reasonable grounds to assume that the use of the service may jeopardise the smooth operation of the business, the security or the public reputation of the hotel, without this being attributable to the hotel's sphere of control or organisation; - the purpose or reason for the stay is unlawful; - there is a breach of the above-mentioned Clause 1.2.
5.4 The justified withdrawal of the hotel does not justify a claim for damages on the part of the customer.
6 Room provision, handover and return
6.1 The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed.
6.2 Booked rooms are available to the customer from 16:00 on the agreed day of arrival. The customer has no right to earlier provision.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. 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, and 90% from 18:00 onwards. Contractual claims of the customer are not justified by this. He or she shall be at liberty to prove that the hotel has not incurred any claim to a charge for use or that the claim is substantially lower.
7 Liability of the hotel
7.1 The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by 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 provided for in this Clause 7. Should disruptions or deficiencies occur in the hotel's services, the hotel will endeavour to remedy the situation upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to contribute what he or she can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum.
7.2 The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
7.3 Insofar as a parking space is made available to the customer in the hotel garage or in the hotel car park, even for a fee, this shall not constitute a safekeeping contract. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel's property and their contents, the hotel shall only be liable in accordance with the above Clause 7.1, Sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for guests are handled with care. The hotel will take care of delivery, storage and – on request – forwarding of the same against payment. The hotel shall only be liable in this respect in accordance with the above Clause 7.1, Sentences 1 to 4.
8 Final provisions
8.1 Amendments and supplements to the contract, the acceptance proposal or these Terms and Conditions shall be made in text form. Unilateral changes or supplements by the customer are invalid.
8.2 The hotel is not willing and not obliged to participate in dispute resolution procedures before a consumer arbitration board.
8.3 The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes concerning cheques and bills of exchange – is Rostock in commercial transactions. If a contractual partner fulfils the prerequisite of § 38 (2) ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Rostock.
8.4 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.
8.5 Should individual provisions of these 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.
As of: March 2019