General terms and conditions
Oskar Stumbeck, hotel operating company ”Unterwirt” Ltd.
General terms and conditions for hotel accommodation contracts
1. These terms and conditions apply to contracts for the rental of hotel rooms for the purpose of lodging and all further services and goods provided by the hotel for their clients in this context (Hotel Accommodation Contract). The term ”Hotel Accommodation Contract” includes and replaces following terms: lodging contract, guest accommodation contract, hotel contract, hotel room contract.
2. The subletting or re-letting of rooms and their use for other purposes than lodging shall be subject to the prior written consent of the hotel, whereby § 540 section 1 paragraph 2 of the German Civil Code (BGB) is waived, insofar as the customer is not a consumer.
3. Any terms and conditions of business of the customer shall only be applicable, when expressly agreed in writing in advance.
II. CONCLUSION OF A CONTRACT, PARTNERS, LIMITATION PERIOD
1. A contract is concluded by the acceptance of a customer application by the hotel. The hotel has the free choice of confirming a room booking in the form of a written text.
2. The contractual partners are the hotel on the one hand and the customer on the other. Where a third party has made the booking for the customer, this parts shall be liable to the hotel together with the customer as the co-debtor for all obligations arising from the acceptance of the hotel contract, insofar as the hotel has an appropriate declaration of the third party.
3. All claims against the hotel shall expire one year after the start of the statutory limitation period. Liability claims shall expire irrespective of the time when knowledge of them was obtained in five years. The reduction of the statute of limitations period shall not apply for claims based on an intentional or grossly negligent infringement of obligations on the part of the hotel.
III. SERVICES, PRICES, PAYMENT, BILLING
1. The hotel has the obligation to reserve the room booked by the customer and to provide the service as agreed.
2. The customer has the obligation to pay at the currently applicable hotel prices for the room made over for her/his use and any other services s/he makes use of, or has contractually agreed to. This shall also apply for any services or outlay from the hotel which the customer has ordered for third parties. The agreed prices are also to include the statutory value added tax.
3. The hotel can make any agreement to a subsequent reduction in the number of rooms booked, the services provided by the hotel or the duration of the customer’s stay subject to an increase having been made in the price of the hotel rooms or other services.
4. The hotel bills which are issued without an expiry date are to be paid without deductions within 10 days of receipt. The hotel has the right to demand immediate settlement of any claims due from the customer at any time. The hotel has the right on payment default, to demand the statutory applicable default interest, which is currently 8%, or in the case of legal transactions in which a consumer is involved 5% above the interest base rate. The hotel has the right to submit evidence of a higher damage having been incurred.
5. The hotel has the right to request a reasonable advance payment, or a security in the form of a credit guarantee, a down payment or similar from the customer. The amount of the advance payment and the payment date can be agreed in writing in the contract. The terms of the law shall remain unaffected in the case of advance payments or securities for flat-rate travel packages.
6. In justified cases, e.g. customer arrears in payment, the hotel shall have the right even after the conclusion of the contract to require from the customer advance payment or security as under Item 5 or an increase in the agreed advance payment, or for securities until the full agreed payment amount has been settled.
7. The hotel shall furthermore have the right to demand a reasonable advance payment or security as under Item 5 at the start of, or during the stay of the customer for existing and future claims arising from the contract, to the extent that these have not already been made to the terms of the above Items 5 and/or 6.
8. The customer can only offset or reduce a claim for payment of the hotel or any right of retention over such a claim in cases where s/he has a claim which is either unchallenged by the hotel or has force of law.
IV. CUSTOMER'S CANCELLATION (WITHDRAWAL, ANNULMENT) / NON-USE OF THE HOTEL'S SERVICES (NO SHOW)
1. A withdrawal of the customer from a contract concluded with the hotel shall be subject to the written agreement of the hotel. Should this not be forthcoming, then the agreed price arising from the contract must also be paid in cases where the customer does not make use of contractually agreed services. This does not apply in the event of violation by the hotel obligations to observe the rights, legally protected matters and interests of the customer if he/she thereby cannot be expected to adhere to the contract or is entitled to any other legal or contractual withdrawal rights.
2. If a date for charge-free cancellation has been agreed in writing between the Hotel and the Customer for the agreement, then the Customer may cancel the agreement until that date without giving rise to payment or damage claims. The customer's right of cancellation shall expire if s/he does not exercise his/her cancellation right in writing vis-à-vis the hotel by the agreed date, insofar as no case of customer cancellation pursuant to Clause IV number 1, paragraph 3 exists.
3. If rooms are not used by the customer, the hotel must apply credit for the income from renting the rooms to other parties and also for saved expenses. If the rooms are not otherwise rented, the hotel can demand the contractually agreed rate and assess a flat rate for the saved expenses of the hotel. In this case, the customer is obligated to pay 80% of the contractually agreed rate for lodging with or without breakfast, 70% for room and half-board, and 60% percent for room and full board arrangements. The customer has the right to demonstrate that the aforesaid charges have not arisen fully or not arisen in the amount claimed.
V. CANCELLATION BY THE HOTEL
1. If the parties have agreed in writing on a Customer's charge-free right of cancellation by a certain date, then the Hotel, in turn, shall be entitled to cancel the contractual agreement during this period if it receives booking requests from other customers for the contractually booked event rooms and if the Customer does not waive his or her right of cancellation.
2. If payment of an agreed advance amount or a security provision is not made pursuant to Clause III number 5 and/or 6 even after a statutory deadline set by the hotel has elapsed, the hotel is also entitled to withdraw from the contract.
3. Furthermore the Hotel is entitled to affect extraordinary cancellation of the agreement for objectively justified reasons, in cases such as the following - force majeur, or other circumstances beyond the control of the hotel which make fulfilment of the contract impossible; if rooms are booked by giving misleading or wrong information of important facts, e.g. about the person and age of the Client or the purpose; if the Provider of Service has well-founded reason to expect that the utilization of the services rendered by the hotel may impair the smooth business operation, the security or the image of the Provider of Service in public, but that this cannot be attributed to the power and organization of the Provider of Service.
4. The customer can derive no right to compensation from justified rescission by the hotel.
VI. PREPARING THE ROOMS, OCCUPANCY AND RETURN OF ROOMS
1. The customer acquires no right to the provision of certain specific rooms.
2. Booked rooms are available for the customer from 15:00 on the agreed day of arrival. The customer has no right to an earlier room preparation.
3. On the agreed date of departure, the rooms are to be vacated and made available to the hotel by no later than 12:00 noon. Thereafter, the hotel may charge 80% of the full room charge (list price) if the customer leaves the property later than contractually agreed time, but no later than 18:00, or 90% after 18:00. Contractual claims of the customer shall not be established hereby. The customer shall have the right to furnish proof to hotel that his/her cancellation outside of the specified deadline is of little or no detriment to hotel.
VII. LIABILITY OF THE HOTEL
1. The hotel is liable with the due diligence of a prudent business person for the obligations arising from the contract. Claims of the customer for compensation are ruled out. Excluded from the above are such claims as are asserted in respect of damage to life, body or health where the hotel is responsible for the given breach of duty, other claims attributable to a wilful or grossly negligent breach of duty on the part of the hotel and claims attributable to the wilful or negligent violation by the hotel of obligations typical for a contractual obligation of this kind. Any violation of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects occur in respect of service provision on the part of the hotel, the hotel is to act without delay to remedy such upon its knowledge of the disruptions or defects concerned or upon complaint lodged. The Customer shall do whatever can be reasonably expected in order to help remove the disruption and to keep the damage to a minimum.
2. The hotel guarantees personal items brought by the customer according to the statutory requirements, or up to one hundred times the room rate, but up to a maximum of €3500, and up to €800 for money, securities and valuables. The customer shall cease to be entitled to the benefit of these liability provisions if after discovering the damage, destruction or loss s/he does not inform the hotel-keeper without undue delay (§ 703 BGB).
3. Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, even where this must be paid extra, this does not constitute a safekeeping agreement. The hotel assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel's property, nor for the contents thereof, except in cases of intentional damage or serious negligence. Number 1 paragraphs 2 to 4 above shall apply, mutatis mutandis.
4. Wake-up services shall be performed by the hotel with the greatest care. Messages, mail, and merchandise deliveries for guests are handled with care. The hotel takes care of their delivery, safekeeping and - upon request - forwarding against a surcharge. Number 1 paragraphs 2 to 4 above shall apply, mutatis mutandis.
VIII. FINAL PROVISIONS
1. Amendments or supplements to the contract, the acceptance of applications or these General Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral amendments by the customer are invalid.
2. The venue for the fulfilment of payment obligations is the hotel's location.
3. The exclusive court of jurisdiction - also for disputes over cheques and currency exchange - is the registered office of the hotel for all business issues. Insofar as the contractual partner fulfils the requirements of § 38, para. 2 of the German Code of Civil Procedure and does not have a general venue within the country, the courts at the location of the hotel's registered office shall have jurisdiction.
4. German law applies. The appliance of the UN sales law and the conflict law is excluded.
5. lf individual provisions of the hotel accommodation contract with the customer should be or become partly or wholly legally invalid, the validity of the remaining provisions. In all other respects statutory provisions shall apply.