General terms and conditions for the hotel accommodation contract

 

1. Scope

1.1. 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 to the customer (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.

1.2. 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 section 540 (1) sentence 2 of the German Civil Code is waived unless the customer is a consumer.

1.3. General terms and conditions of the customer only apply if this has been expressly agreed beforehand.

 

2. Conclusion of contract, partner, limitation period

2.1. The contractual partners are the hotel and the customer. The contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the room booking in text form.

2.2. All claims against the hotel generally expire one year after the statutory limitation period begins. This does not apply to claims for damages and other claims, provided the latter are based on an intentional or grossly negligent breach of duty by the hotel.

 

3. Services, prices, payment, offsetting

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 hotel prices for the provision of rooms and the other services used by him. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and are paid by the hotel.

3.3. The agreed prices include the taxes and local taxes applicable at the time the contract is concluded. Local taxes that are payable by the guest according to the respective local law, such as visitor's tax, are not included.
In the event of a change in the statutory value added tax or the new introduction, change or abolition of local taxes on the service item after the contract has been concluded, 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.

3.4. The hotel may make its consent to a subsequent reduction in the number of rooms booked, the service provided by the hotel or the length of stay of the customer dependent on the price of the room and / or the other services of the hotel increasing.

3.5. Hotel invoices without a due date are payable in full 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 late payment by the customer, the legal regulations apply. The hotel reserves the right to prove greater damage.

3.6. The hotel is entitled to request a down payment upon or after the conclusion of the contract. Unless otherwise agreed in individual cases, the hotel can request a deposit of 20% of the remuneration for the booked service. If a guest books a room for more than 10 days, the hotel is entitled to request a down payment of 50% of the booked services. The deposit is due 14 days before arrival.

In the event of late payment by the customer, the legal regulations apply.

3.7. In justified cases, e.g. late payment by the customer or expansion of the scope of the contract, the hotel is entitled, even after conclusion of the contract, to make an advance payment or security deposit as defined in Section 3.6 above or to increase the advance payment or security deposit agreed in the contract up to the full agreed amount To request remuneration.

3.8. The hotel is also entitled to request a reasonable advance payment or security from the customer at the beginning and during the stay in accordance with section 3.6 above for existing and future claims from the contract, insofar as such has not already been performed according to section 3.6 and / or section 3.7 above has been.

3.9. The customer can only offset or offset an undisputed or legally binding claim against a claim by the hotel.

 

4. Cancellation by the customer (cancellation, cancellation) / non-use of the hotel services

4.1. If the customer withdraws from the contract concluded with the hotel, the statutory right of withdrawal applies. Or a free cancellation also applies 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 should be made in text form.

 

4.2. If a bindingly ordered service is canceled by the guest, he remains obliged to pay for the service in accordance with the following regulation:

• In the event of cancellation more than 14 days before the agreed service period, the guest is released from all payment obligations.

• In the event of a cancellation within a period of 14 to 10 days before the agreed service period, the guest remains obliged to pay 10% of the fee agreed for the ordered service.

• In the event of cancellation within a period of 9 to 7 days before the agreed service period, the guest remains obliged to pay 50% of the fee agreed for the ordered service.

• In the event of cancellation less than 7 days before the agreed service period, the guest remains obliged to pay 80% of the fee agreed for the ordered service.

 

Any down payments made by the guest and not used up by the cancellation costs will be reimbursed to him.
The guest is free to provide proof that the cancellation has caused the hotel no damage or only less damage than the fee requested. The guest is then only obliged to pay the lower damage amount that he can prove.

 

4.3. If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if the hotel does not agree to the cancellation of the contract, the hotel retains the right to the agreed remuneration despite not making use of the service. The hotel must credit the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not rented to any other person, the hotel can charge 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 stays with or without breakfast as well as for flat-rate arrangements with third-party services, 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 required amount.

 

5. Cancellation by the hotel

5.1. If it has been agreed that the customer can withdraw from the contract free of charge within 48 hours before check-in time on the first day of the booking, the hotel is entitled 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 request from the hotel with a reasonable deadline.

5.2. If an advance payment or security deposit agreed or requested in accordance with section 3.6 and / or section 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

5.3. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for objectively justifiable reasons, especially 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 with misleading or false information or concealment of essential facts; the customer's identity, solvency or purpose of stay may be essential;

• the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the sphere of control or organization of the hotel;

• the purpose or the reason for the stay is illegal;

• there is a violation of the above-mentioned number 1.2.

5.4. The justified resignation of the hotel does not justify the customer's claim for compensation.

 

6. Provision, handover and return of rooms

6.1. The customer is not entitled to the provision of certain rooms unless this has been expressly agreed.

6.2. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability.

6.3. On the agreed departure date, the rooms must be vacated and made available to the hotel no later than 11:00 a.m. Thereafter, due to the delay in vacating the room for use beyond the contract, the hotel can charge 50% of the full accommodation price (list price) until 6:00 p.m., from 6:00 p.m. 90%. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or significantly lower entitlement to usage fees.

 

7. Liability of the hotel

7.1. The hotel is liable for damage for which it is responsible for injury to life, limb or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of contractual obligations of 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 stipulated in this Section 7. Should faults or defects occur in the services of the hotel, the hotel will endeavor to remedy the situation if the customer becomes aware of it or if the customer gives notice immediately. The customer is obliged to make a reasonable contribution to remedy the fault and to keep any damage to a minimum.

7.2. The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends the use of the in-room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other things with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.

7.3. If the customer is provided with a parking space in the hotel garage or on the hotel car park, also for a fee, this does not result in a custody contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall only be liable in accordance with the preceding section 7.1, sentences 1 to 4.

7.4. Messages, mail and consignments for guests are handled with care. The hotel takes care of delivery, storage and - if requested - forwarding for a fee. The hotel is only liable in accordance with paragraph 7.1, sentences 1 to 4.

 

8. Final provisions

8.1. Changes and additions to the contract, the acceptance of applications or these general terms and conditions should be made in text form. Unilateral changes or additions by the customer are invalid.

8.2. The place of fulfillment and payment as well as the exclusive place of jurisdiction - also for check and exchange disputes - is in the commercial area of ​​Göttingen. If a contractual partner fulfills the requirement of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is Göttingen.

8.3. German law applies. The application of the UN sales law and the conflict of laws is excluded.

8.4. Should individual provisions of these general terms and conditions be or become ineffective or void, this does not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply.

 

II. Additional regulations for events

1. Events in the sense of the following regulations are seminars, conferences, banquets and the like, which a customer organizes in the hotel. The following regulations also apply to the booking of events.

2. A contract for the implementation of an event is only concluded when the customer has made a written booking and this has been confirmed in writing by the hotel.

3. Unless otherwise agreed in individual cases, the hotel is entitled to request a down payment of 30% of the agreed price for the booked service upon or after the conclusion of the contract.

4. If a binding booked event is canceled by the customer, he remains to pay for the service
   obliged in accordance with the following regulation:

   • In the event of a cancellation more than 5 months before the event, the customer will be released from all payment obligations. Advance payments made by the customer will be refunded to him.

   • In the event of a cancellation within a period of less than 5 months before the event up to 2 months before the event, the customer remains obliged to pay 50% of the fee agreed for the event.

   • In the event of a cancellation within a period of less than 2 months before the event, the customer remains obliged to pay 80% of the fee agreed for the event.

   Agreed remuneration within the meaning of this regulation are the costs that have been shown by the hotel in the booking confirmation for the event as a whole. (Room rental, consumption, drinks, service, possibly other)
   The customer is free to provide evidence that the hotel has suffered no or little damage as a result of the cancellation than the fee requested. The customer is then only obliged to pay the amount of damage proven by him.

5. The size of the event space to be provided by the hotel depends on the number of participants agreed in the contract. The customer is not entitled to a specific event room, unless a specific room was specified when booking.
   The customer has no right to have more people attend an event than agreed in the booking contract with the hotel.
   If more people take part in an event than contractually agreed, the fee agreed for the event and paid by the customer to the hotel increases in the same proportion as the number of participants increased.

6. The customer may only bring his own food and drinks to an event if this has been agreed in advance in individual cases.

7. The attachment of decorative material or other objects is prohibited without the hotel's consent. The customer is liable for damage and loss of hotel facilities caused by him, his employees or event participants in connection with the implementation of the event.

8. If music that the customer has procured is played during an event, the customer may have all of it
   handle the necessary registrations and invoices to GEMA or other third parties independently. If the hotel is used due to the unauthorized playing of music at the event, the customer must release the hotel from such claims.

9. If the contractually agreed start or end time of the event shifts for reasons for which the customer is responsible, the hotel is entitled to invoice the customer for any additional costs that may result.

10. The marked emergency exits must under no circumstances be blocked or restricted.

11. Claims for damages by the customer against the hotel are limited in amount to the value of the fee agreed between the customer and the hotel for the implementation of the event. However, this limitation of liability does not apply in the event of injury to life, limb or health.