|Phone:||0 24 02 – 1 23 40|
|Fax:||0 24 02 – 1 23 480|
|VAT No.:||DE 24 879 805|
|IBAN:||DE89 3916 2980 7317 2630 10|
|Layout and Programming:||Mario Anfang
|Performance and place of jurisdiction:||Stolberg|
|Disclaimer:||In spite of careful checks we do not accept any liability for the contents of external links. The operators of these linked sites shall be solely responsible for their content.|
General Terms and Conditions
1 SCOPE OF APPLICATION
1.1 These General Terms and Conditions apply to all contracts concerning the rental of hotel rooms for accommodation and all further services and deliveries provided by the Hotel to the Customer within this context (hotel accommodation contract).
1.2 Any sublease or subletting of the rooms provided and their use for any purpose other than accommodation require the prior written consent of the Hotel, whereby section 540, paragraph 1, clause 2 of the German Civil Code (Bürgerliches Gesetzbuch – BGB) is waived, if the Customer is not the user.
1.3 Any general terms and conditions of the Customer shall only apply if this was agreed expressly prior to the formation of the contract.
2 FORMATION OF THE CONTRACT, CONTRACTING PARTIES, STATUTE OF LIMITATION
2.1 The contracting parties are the Hotel and the Customer. The contract is formed if the Hotel accepts the Customer’s request. It is at the Hotel’s discretion to confirm the booking of the room in writing.
2.2 As a matter of principle, all claims against the Hotel shall become statute-barred after one year with effect from the commencement of the limitation period according to statutory law. Claims for compensation shall become statute-barred after five years, subject to knowledge of the claim concerned, provided they are not based on injury to life, body, health or liberty. Such claims for compensation shall become statute-barred after ten years, notwithstanding knowledge. The reductions of the limitation period shall not apply to claims that are based on an intentional or grossly negligent breach of the duties on the part of the Hotel.
3 SERVICES, PRICES, PAYMENT, OFF-SET
3.1 The Hotel is obligated to hold the rooms booked by the Customer ready, and to provide the agreed services.
3.2 The Customer shall be obligated to pay the agreed or applicable prices of the Hotel for the accommodation and any further services utilised. This shall also apply to any services requested by the Customer directly or via the Hotel, which are provided by a third party and advanced by the Hotel.
3.3 The agreed prices include any taxes and local dues applicable at the time of the contract formation. They do not include any local dues that are owed by the guests themselves pursuant to the respective municipal law, such as visitor’s tax. Should the statutory VAT be amended or should any local dues on the object of the contract be newly introduced, amended or abolished, subsequent to the contract formation, then the prices shall be adjusted accordingly. In the case of contracts with users, this shall only apply if the period between the contract formation and the contract fulfilment exceeds four months.
3.4 Any acceptance by the Hotel of a reduction in the number of rooms, the services provided by the Hotel or the duration of stay, which was retrospectively requested by the Customer, may be made conditional on a price increase for the rooms and/or the other services provided by the Hotel.
3.5 Any invoices by the Hotel without a due date shall be payable strictly net within ten days of receipt of the invoice. The Hotel may demand immediate payment of any debt due from the Customer at any time. In the case of default of payment, the Hotel shall be entitled to demand the applicable statutory default interest of currently 8 % or, in the case of legal transactions involving a user, default interest of 5 % above the base rate. The Hotel reserves the right to provide evidence of a greater loss.
3.6 Upon contract formation, the Hotel shall be entitled to demand an appropriate advance payment or security deposit, for example in the form of a credit card guarantee, from the Customer. The amount of the advance payment and the payment dates may be agreed in writing in the contract. In the case of advance payments or security deposits for package holidays, the legal provisions shall remain unaffected.
3.7 In justified cases, for instance default of payment by the Customer or extension of the scope of contract, the Hotel shall be entitled to an advance payment or security deposit within the meaning of subsection 3.6 above or an increase of the advance payment or security deposit agreed in the contract up to the full payment agreed, even after formation of the contract until the commencement of the stay.
3.8 Furthermore, at the start of and during the stay, the Hotel shall be entitled to demand from the Customer an appropriate advance payment or security deposit within the meaning of subsection 3.6 above for any existing or future demands arising from the contract, unless such a payment has already made pursuant to subsection 3.6 and/or subsection 3.7 above.
3.9 The Customer may offset or settle a demand of the Hotel only with an undisputed or legal claim.
4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION, ANNULMENT)/ NON-USE OF THE HOTEL SERVICES (NO SHOW)
4.1 The Customer may only withdraw from the contract entered into with the Hotel if a right of withdrawal has expressly been agreed in the contract, if another statutory right of withdrawal exists or if the Hotel expressly consents to the termination of contract. Any agreement of the right of withdrawal and any consent to the termination of contract must be made in writing.
4.2 If a date for withdrawal from the contract free of charge has been agreed between the Hotel and the Customer, then the Customer may withdraw from the contract by this date without incurring any claims for payment or compensation on the part of the Hotel. The Customer’s right of withdrawal expires if he/she does not exercise his/her right of withdrawal vis-à-vis the Hotel by the agreed date.
4.3 If the right of withdrawal was not agreed or has already expired, if, in addition, no statutory right of withdrawal or cancellation exists and if the Hotel does not consent to the termination of contract, then the Hotel shall retain the right to the agreed payment in spite of non-use of the services. The Hotel must deduct any earnings from renting the rooms to other parties and any expenditures saved. If the rooms are not rented to another party, the Hotel may deduct a flat rate for expenditures saved. In this case the Customer shall be obligated to pay at least 90 % of the contractually agreed price for accommodation, with or without breakfast, and for flat-rate package deals including third-party services, 70 % for half board and 60 % for full board package deals. The Customer is at liberty to prove that the aforementioned claim did not arise at all or not to the amount demanded.
5 WITHDRAWAL BY THE HOTEL
5.1 If it was agreed that the Customer may withdraw from the contract within a certain period free of charge, the Hotel shall in turn be entitled to withdraw from the contract within this period, if other customers have enquired about the booked rooms and the Customer does not waive his/her right of withdrawal upon query by the Hotel after setting a reasonable deadline.
5.2 If an advance payment or security deposit agreed or requested pursuant to subsection 3.6 and/or subsection 3.7 is not made, even after an appropriate grace period set by the Hotel has expired, then the Hotel shall also be entitled to withdraw from the contract.
5.3 Furthermore, the Hotel shall be entitled to effect an extraordinary withdrawal from the contract for reasonable cause where objectively justified, in particular if an act of God or other circumstances beyond the control of the Hotel render the contract fulfilment impossible; rooms are booked by providing misleading or incorrect information or by withholding essential information; ‘essential’ may mean the Customer’s identity, the ability to pay or the purpose of the stay; the Hotel has reasonable cause to believe that the use of its services may compromise the smooth business operations or jeopardise the security or the public image of the Hotel, where this is not attributable to the domain or the organisation of the Hotel; the purpose of or reason for the stay is illegal; a violation against subsection 1.2 above is given.
5.4 A justified withdrawal by the Hotel does not give reason to a claim for compensation on the part of the Customer.
6 PROVISION, HANDOVER AND RETURN OF THE ROOM
6.1 The Customer does not acquire any claim to the provision of certain rooms unless this has specifically been agreed.
6.2 Booked rooms shall be available to the Customer from 3.00 pm on the day of arrival. The Customer has no claim to the room being made available prior to this.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the Hotel by 12.00 noon. If the room is vacated later than contractually agreed, the Hotel may charge 50 % of the full price for the lodging (list price) if the Customer leaves by 6.00 pm or 90 % if they leave after 6.00 pm. This does not entitle the Customer to any contractual claims. The Customer is at liberty to prove that the Hotel has incurred no claim or a significantly lesser claim to a compensation fee.
7 LIABILITY OF THE HOTEL
7.1 The Hotel shall be liable for any damage attributable to itself from an injury to life, body or health. Furthermore, it shall be liable for any other damage that is due to intentional or grossly negligent breach of duty by the Hotel, or intentional or negligent breach of duties by the Hotel that are typical for this contract. A breach of duty by the Hotel shall be equal to a breach of duty by a legal representative or vicarious agent. Any further claims for damages, unless otherwise specified in section 7, shall be excluded. Should any disruptions to or deficiencies in the Hotel services occur, then the Hotel shall endeavour to rectify them as soon as they become known or upon immediate notice of defect by the Customer. The Customer shall do whatever can be reasonably expected in order to help remedy the disruption and to keep the damage to a minimum.
7.2 The Hotel shall be liable to the Customer for property brought into the Hotel in accordance with the legal provisions. The Hotel recommends the use of the hotel or room safe. If the guest wishes to bring money, securities or valuables to a value in excess of EUR 800.00 or other property to a value in excess of EUR 3,500.00, this requires a separate safekeeping agreement with the Hotel.
7.3 If a parking space in the hotel garage or in the hotel car park is made available to the Customer, even for a fee, this does not constitute a safekeeping agreement. In the case of loss of or damage to motor vehicles parked or manoeuvred on the hotel premises or their contents, the Hotel shall only be liable pursuant to subsection 7.1, clauses 1 to 4 above.
7.4 Wake-up calls shall be carried out by the Hotel with the greatest care. Any messages, post and consignments of goods for the guests shall be treated with care. The Hotel shall take responsibility for delivery and storage, and, upon request and payment of a fee, shall also forward the aforementioned items. In doing so, the Hotel shall only be liable pursuant to subsection 7.1, clauses 1 to 4 above.
8 FINAL PROVISIONS
8.1 Any changes and amendments to this contract, to the acceptance of a request or to these General Terms and Conditions must be made in writing. Any unilateral changes and amendments on the part of the Customer shall be invalid.
8.2 The place of performance and payment, as well as the exclusive place of jurisdiction for commercial transactions – including disputes concerning cheques and bills of exchange – shall be Stolberg. If a contracting party meets the requirements of Section 38, paragraph 2 of the German Code of Civil Procedure (Zivilprozeßordnung – ZPO) and does not have a general place of venue in Germany, Stolberg shall be the place of jurisdiction. This contract shall be governed by German Law. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws shall be excluded.
8.3 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the provisions of the law apply.