General terms and conditions for the hotel accommodation contract with hotelo
I. Area of application
1. These terms and conditions are applicable for contracts concerning the rental of hotel rooms for accommodation, as well as for all other services and performance for the customer by the hotel hotelo, hereinafter referred to as hotel.
2. Subletting or assigning the rooms made available and their use for anything other than accommodation purposes requires prior permission in writing from the hotel, whereby § 540 paragraph 1 line 2 German Civil Code is ceded, providing the customer is not a consumer.
3. Terms and conditions of the customer are only applicable if this has expressly been agreed in writing in advance.
II. Conclusion of the contract, contracting parties; statutory limitation
1. The contract comes into force by the hotel accepting the application from the customer. The hotel is at liberty to confirm a room booking in writing.
2. The contracting parties are the hotel and the customer. If a third party has placed the order for the customer, then he is jointly liable to the hotel with the customer as co debtor for all obligations from the hotel accommodation contract providing the hotel has a corresponding declaration from the third party.
3. All claims against the hotel are categorically time-barred one year after the start of the regular period of limitation in § 199 paragraph 1 German Civil Code dependent on notification. Claims for damages are time-barred in five years independent of notification. Shortening the period of limitation is not applicable for claims that are based on intentional or grossly negligent breach of duty of the hotel.
III. Terms of Cancellation
1. The reservation is considered as definite upon receipt of a written confirmation (E-Mail, telefax, letter). For no-show or cancellation after 6:00 p.m. the day before arrival, we charge 80% of the room rate of the first night
2. For bookings of more than 4 rooms the last cancellation date for the whole reservation that not will be charged is 28 days before arrival. For cancellation up to 14 days before arrival we charge 50% of the room rates. The cancellation of 1 or 2 rooms will not be charged up to 2 days before arrival.
IV. Performance, prices, payment, charging
1. The hotel undertakes to keep the booked rooms available for the customer and to provide the agreed performance.
2. The customer undertakes to pay the hotel’s valid or respectively agreed prices for having the room made available to him and for any other performances called upon by him. This also applies for performance and expenses of the hotel to third parties instigated by the customer.
3. The agreed prices include the respective legally applicable rate of VAT. If the time period between concluding the contract and fulfilling the contract exceeds four months and if the price generally charged by the hotel for such services increases, then the hotel can raise the contractually agreed price commensurately, however at most by 5%.
4. Furthermore, the prices can be amended by the hotel if the customer retrospectively would like to change the number of rooms booked, the performance provided by the hotel or the length of stay of guests and the hotel agrees with this.
5. Invoices from the hotel without a due date are payable within 7 days of receipt of invoice without any deductions. The hotel is entitled to call in accrued accounts receivables at any time and to demand payment without delay. In the event of delay in payment, the hotel is entitled to demand the respective applicable legal default interest currently amounting to 8%, or respectively for legal transactions, in which a consumer is involved, amounting to 5% above the base rate. The hotel reserves the right to prove a higher level of damage.
6. The hotel is entitled on conclusion of the contract or afterwards, taking the legal terms for package holidays into account, to demand a suitable advance payment or security. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
7. The customer can only offset or lower an accounts receivable by the hotel against an undisputed or non-appealable demand.
V. Cancellation by the customer (i. e. withdrawal, revocation) /
Not taking advantage of the performance provided by the hotel
1. Cancellation by the customer of a contract concluded with the hotel requires written consent from the hotel. If this is not effected, then the agreed price in the contract still has to be paid, even if the customer does not avail of the performance. This does not apply in the event of violation of the hotel’s obligations to take into consideration rights, object of legal protection and interests of the customer , if this then means that it can no longer be expected of the customer to comply with the contract or if he is entitled to another legal or contractual right of withdrawal.
2. If a date has been agreed in writing between the hotel and the customer for withdrawal free of charge, then the customer can withdraw from the contract until then, without triggering claims for payment or damages by the hotel. The customer’s right of withdrawal is forfeited if he does not exercise his right of withdrawal in writing to the hotel by the agreed deadline, providing the reason for withdrawal of the customer, in accordance with number 1, line 3, is the case.
3. The hotel is at liberty the demand the contractually agreed remuneration and to set the deduction for expenses saved on a per diem basis. In this case, the customer undertakes to pay at least 90% of the contractually agreed price for overnight accommodation with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the above mentioned claim did not arise or did not arise to the claimed amount.
VI. Cancellation by the hotel
1. If a right of cancellation of the customer has been agreed within a certain time period in writing, then during this time period, the hotel in turn is entitled to withdraw from the contract if there is demand from other customers for the contractually booked rooms and the customer, on demand from the hotel, does not waive his right of withdrawal.
2. If an agreed advance payments or one demanded according to clause III No. 6 above is not paid, even after a suitable period of grace set by the hotel has expired, then the hotel is also is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons, for example if
• force majeure or other circumstances that the hotel is not responsible for prevent it from fulfilling the contract;
• rooms are booked on the basis of having provided misleading or false essential facts, e.g. pertaining to the person the customer is or the purpose;
• The hotel has justified reason to believe that utilising the hotel performance could endanger smooth business operations, the safety or prestige of the hotel in public without this being attributed to the domain or organisation of the hotel;
• a violation against above clause I No. 2 is given.
4. In the event of justified withdrawal of the hotel, the customer has no right to claim damages.
VII. Provision of a room, handover and return
1. The customer does not acquire any right to certain rooms being provided.
2. Booked rooms are available to the customer from 15:00 onwards on the agreed day of arrival. The customer has no right to it being made available any earlier.
3. On the agreed day of departure, the rooms are to be made available to the hotel again at the latest by 11:00. After that, due to delayed clearing of the room, the hotel can charge 50% of the full lodging price (list price) until 18:00, from 18:00 100%. This does not give rise to any contractual claims by the customer. He is not entitled to prove that the hotel incurred no or a significantly lower claim to a compensation fee.
4. Rooms must have been left in the usual condition within the framework of the supply contract. If any unusual damage has been caused, a flat rate repair charge of € 50.00 is due. If any unusual soiling has been caused, a flat-rate cleaning charge of € 50.00 is due. If the hotel can prove that the customer has caused greater damages by excessive soiling or unusual damage, then the actual damage is to be reimbursed.
5. The hotel is entitled to charge a handling fee of € 30, if the guest checks in after 11:00 p.m. without prior agreement by using the emergency number that is visible at the hotel.
6. The hotel is strictly a non smoking hotel. Should the customer smoke in the rooms in contravention of this stipulation, then a cleaning/loss flat-rate charge of € 50.00 becomes due.