I. Scope of application
These terms and conditions shall apply to hotel accommodation contracts (uniform term for accommodation, customer accommodation, hotel, hotel room contracts, hereinafter referred to as “contract”) as well as all other services and deliveries provided by the hotel for the customer (uniform term for customer, orderer, tenant, organiser, agent, etc.).
Deviating provisions, including those contained in the customer’s general terms and conditions, shall not apply unless expressly accepted by the hotel in text form.
II. conclusion of contract, -partner
In response to a booking request (verbal or written) from the customer, a contract is concluded between the hotel and the customer with the corresponding booking confirmation from the hotel. The hotel is free to confirm the booking request in writing, orally, in text form (e-mail, fax) or conclusively by providing the service.
The contracting parties are the hotel and the customer. If a third party makes the booking on behalf of the customer, it shall be liable to the hotel as the orderer together with the customer as joint and several debtors for all obligations arising from the contract, provided that the hotel has received a corresponding declaration from the orderer. Irrespective of this, each ordering party is obliged to pass on to the customer all information relevant to the booking, in particular these General Terms and Conditions.
If the customer makes a group booking, a so-called contingent contract is concluded. The contingent contract shall govern these GTCs primarily and in addition. Within the framework of this contingent contract, the client is liable for all damages culpably caused by the end user.
A group booking is deemed to exist if more than 5 rooms in a hotel establishment are booked by a customer by way of one or more booking transactions which are temporally and/or factually related. A group booking is independent of the method of booking. This can be done in person, by telephone, by fax, by e-mail, in writing, via the hotel website, via intermediaries (e.g. so-called online portals) or by other means.
The subletting and/or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form.
The respective valid house rules are part of the contract and can be requested from the hotel.
III. Services, Prices, Payment, Offsetting
The hotel is obliged to keep the rooms booked by the customer available in accordance with these General Terms and Conditions and to provide the agreed services.
The customer is obliged to pay the prices of the hotel applicable or agreed for the provision of the room and the other services used by the customer. This shall also apply to services and expenses of the hotel vis-à-vis third parties arranged by the customer. The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the customer’s arrival exceeds four months and if, after the conclusion of the contract, the statutory value-added tax or any applicable local taxes and duties increase or new local taxes and duties are introduced, the hotel reserves the right to increase the agreed prices by the amount by which the applicable value-added tax or local taxes and duties have increased or by the amount of the newly introduced local taxes and duties.
The hotel may make its consent to a reduction requested by the customer after conclusion of the contract in the number of rooms booked, the hotel’s services or the customer’s length of stay conditional on an increase in the price for the rooms and/or for the hotel’s other services.
Invoices of the hotel are due for payment immediately upon receipt without deduction. The hotel may demand immediate payment of due receivables from the customer at any time. The customer shall be in default at the latest if he/she does not make payment within 30 days of the due date and receipt of an invoice; this shall only apply to a customer who is a consumer if specific reference has been made to these consequences in the invoice.
The hotel may charge a reminder fee of € 5.00 for each reminder after default has occurred.
The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract in the form of a credit card guarantee, a down payment or similar. The amount of the advance payment and the payment dates may be agreed in text form in the contract.
In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel is 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 the above paragraph 5 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
The hotel is also entitled to demand from the customer a reasonable advance payment or security deposit within the meaning of the above paragraph 5 for existing and future claims arising from the contract at the beginning of and during the stay, insofar as such a payment has not already been made in accordance with the above paragraph 5 and/or paragraph 6.
The customer may only offset an undisputed or legally established claim against a claim of the hotel.
IV. Withdrawal of the customer, cancellation
The hotel grants the customer a right of withdrawal at any time. The following provisionsy shall apply
a) In the event of the customer withdrawing from the booking, the hotel is entitled to reasonable compensation.
b) The hotel has the option of claiming compensation from the customer in the form of a compensation lump sum instead of a concretely calculated compensation. The compensation lump sum amounts to 90% of the contractually agreed price for overnight stays with or without breakfast, 70% of the contractually agreed price for overnight stays with half board and 60% of the contractually agreed price for overnight stays with full board arrangements. The customer is at liberty to prove that the hotel has suffered no loss or that the loss incurred by the hotel is lower than the compensation lump sum claimed.
c) If the hotel calculates the compensation specifically, the amount of compensation shall not exceed the contractually agreed price for the service to be provided by the hotel less the value of the expenses saved by the hotel and what the hotel acquires through other uses of the hotel services.
The above provisions on compensation shall apply accordingly if the customer does not make use of the booked room or services without notifying the hotel in good time.
If the hotel has granted the customer an option in the contract to withdraw from the contract within a certain period of time without further legal consequences, the hotel shall not be entitled to compensation. Decisive for the timeliness of the declaration of withdrawal is its receipt by the hotel. The customer must declare the withdrawal in text form.
V. Withdrawal of the hotel
Insofar as the customer has been granted a right to withdraw free of charge pursuant to Clause IV, Paragraph 3, the hotel shall also be entitled to withdraw from the contract within the agreed period if there are enquiries from other guests about the booked rooms and the customer does not waive his right to withdraw free of charge pursuant to Clause IV, Paragraph 3 upon inquiry by the hotel.
If an advance payment or security deposit agreed or required above pursuant to Clause III, Paragraphs 5 and/or 6 is not made even after expiry of a grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
Furthermore, the hotel is entitled to withdraw from the contract, in particular if
force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
rooms are booked under misleading or false statements of material facts, e.g. concerning the person of the customer or the purpose;
the hotel has reasonable grounds to believe that the use of the hotel service may jeopardise the smooth running of the business, the security or the reputation of the hotel in public without this being attributable to the hotel’s sphere of control or organisation;
there is an unauthorised subletting or subletting in accordance with Clause II, Paragraph 3;
a case of number VI paragraph 3 exists;
the hotel becomes aware of circumstances that the financial circumstances of the customer have deteriorated significantly after conclusion of the contract, in particular if the customer does not settle due claims of the hotel or does not provide sufficient security and therefore payment claims of the hotel appear to be at risk;
the customer has filed an application for the opening of insolvency proceedings against his assets, has made a statement of assets in accordance with § 807 of the German Code of Civil Procedure (Zivilprozessordnung), has initiated out-of-court proceedings for the settlement of debts or has suspended his payments;
insolvency proceedings are opened against the customer’s assets or the opening of such proceedings is rejected for lack of assets.
The hotel shall notify the customer of the exercise of the right of withdrawal in text form without delay.
In the aforementioned cases of withdrawal, the customer shall not be entitled to compensation.
VI Arrival and departure
The customer does not acquire a claim to the provision of specific rooms unless the hotel has confirmed the provision of specific rooms in text form.
Booked rooms are available to the customer from 3:00 pm on the agreed day of arrival. The customer has no right to earlier availability.
Booked rooms are to be claimed by the customer by 6:00 p.m. at the latest on the agreed day of arrival. Unless a later arrival time has been expressly agreed, the hotel has the right to assign booked rooms to other parties after 6 p.m. without the customer being able to derive any claims for compensation from this. The hotel has a right of withdrawal in this respect.
On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12.00 noon at the latest. After this time, the hotel may charge the daily room rate for the additional use of the room until 6 p.m., and 100 % of the full valid room rate after 6 p.m., in addition to any damage incurred by the hotel as a result. The customer is at liberty to prove to the hotel that the hotel has not incurred any damage or that the damage is significantly lower.
VII Liability of the Hotel, Statute of Limitations
In the event of disruptions or defects in the hotel’s services, the hotel shall endeavour to remedy the situation upon the customer’s immediate complaint. If the customer culpably fails to notify the hotel of a defect, a claim for reduction of the contractually agreed remuneration shall not arise.
The hotel shall be liable in accordance with the statutory provisions for all damages arising from injury to life, limb and health as well as in the event of the assumption of a guarantee on the part of the hotel and in the event of fraudulently concealed defects.
The hotel shall only be liable for all other damage not covered by Clause VII, Paragraph 2 and caused by slightly negligent conduct on the part of the hotel, its legal representatives or its vicarious agents if such damage is attributable to the breach of a typical contractual obligation. In such cases, liability shall be limited to the foreseeable damage typical for the contract.
The above limitations of liability apply to all claims for damages regardless of their legal basis, including claims in tort. The above limitations and exclusions of liability shall also apply in cases of any claims for damages by a customer against employees or vicarious agents of the hotel. They do not apply in cases of liability for a defect following the assumption of a guarantee for the quality of an item or a work, in the case of fraudulently concealed defects or in the case of personal injury.
The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the accommodation price, but up to a maximum of € 3,500.00. For valuables (cash, jewellery, etc.) this liability is limited to € 800.00. The hotel recommends making use of the possibility of storage in the room or central hotel safe.
Insofar as a parking space is made available to the customer in the hotel garage or in a hotel car park, even for a fee, this shall not constitute a safekeeping contract. The hotel shall have no duty of supervision. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, the hotel shall not be liable unless the hotel, its legal representatives or its vicarious agents are responsible for intent or gross negligence. In this case, the damage must be claimed against the hotel at the latest when leaving the hotel property.
Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
Messages, mail and merchandise shipments for guests are handled with care. The hotel will take care of the delivery, safekeeping and – on request – forwarding of the same against payment, as well as for lost property on request. Claims for damages, except for gross negligence or intent, are excluded. The hotel is entitled to hand over the aforementioned items to the local lost property office after a storage period of one month at the latest, charging an appropriate fee.
Claims for damages by the customer shall become statute-barred at the latest after two years from the time at which the customer becomes aware of the damage or, irrespective of such knowledge, at the latest after three years from the time of the damaging event. This does not apply to liability for damages arising from injury to life, limb or health or for other damages based on an intentional and grossly negligent breach of duty by the hotel, a legal representative or vicarious agent of the hotel.
VIII Final Provisions
Amendments or supplements to the contract, the acceptance of the application or these General Terms and Conditions for Hotel Accommodation shall be made in text form. Unilateral amendments or supplements by the customer are invalid.
The place of performance and payment is the registered office of the hotel.
If the contractual partner of the hotel is a merchant or a legal entity under public law, the place of jurisdiction shall be the registered office of the hotel or, at the hotel’s discretion, Osnabrück. If the contractual partner of the hotel has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel. However, the hotel is entitled to bring legal actions and other legal proceedings also at the customer’s general place of jurisdiction. The hotel is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.
Smoking is strictly prohibited throughout the hotel and its rooms, as well as public areas, unless expressly permitted by the hotel in designated areas. In the event of a breach, the hotel is entitled to claim a contractual penalty of € 900.00 (to cover fire brigade fees and additional cleaning costs).
Information on the ODR Regulation: Online dispute resolution pursuant to Art. 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (ODR), which you can
find at http://ec.europa.eu/consumers/odr/
