TERMS AND CONDITIONS
I. Scope
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These terms apply to contracts for the temporary rental of hotel rooms for accommodation and all other related services provided to the customer by the hotel.
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The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel.
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General terms and conditions of the customer apply only if agreed in writing in advance.
II. Conclusion of Contract, Parties, Limitation
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The contract is concluded by the hotel's acceptance of the customer's application. The hotel is free to confirm the room booking in text form.
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Contractual partners are the hotel and the customer. If a third party has ordered for the customer, they are jointly and severally liable with the customer for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.
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All claims against the hotel are generally subject to a limitation period of one year from the statutory commencement of the limitation period. Claims for damages are limited to five years. The limitation reductions do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. Services, Prices, Payment, Set-Off
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The hotel is obligated to keep the rooms booked by the customer available and to provide the agreed services.
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The customer is obligated to pay the agreed or applicable hotel prices for the room rental and the other services used by them. This also applies to services and expenses caused by the customer to third parties.
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The hotel may adjust the agreed prices if the customer requests a subsequent reduction in the number of booked rooms, hotel services, or length of stay, subject to the hotel's consent.
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Hotel invoices without a due date are payable within 10 days of receipt without deduction. The hotel can demand immediate payment of due claims from the customer at any time. In case of late payment, the hotel is entitled to charge the applicable statutory default interest.
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The hotel is entitled to demand an appropriate advance payment or security deposit upon contract conclusion. The amount and due dates for the advance payment or security deposit can be agreed in writing in the contract.
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In justified cases, the hotel is entitled to demand an advance payment or security deposit after the contract has been concluded, up to the beginning of the stay.
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The hotel is also entitled to demand an appropriate advance payment or security deposit from the customer at the beginning and during the stay for existing and future claims arising from the contract, as long as such was not already provided.
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The customer can only offset or reduce a claim by the hotel with an undisputed or legally binding claim.
V. Hotel Withdrawal
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Withdrawal by the customer from the contract requires the hotel's written consent. If this is not granted, the agreed price from the contract must be paid even if the customer does not use the contractual services.
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If a free withdrawal deadline was agreed in writing between the hotel and the customer, the customer can withdraw from the contract up to that date without incurring any payment or damage compensation claims by the hotel.
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For rooms not used by the customer, the hotel must credit the income from renting these rooms to other parties as well as the saved expenses. If the rooms are not rented to other parties, the hotel can charge the contractual price and deduct the saved expenses. The customer is obligated to pay at least 90% of the contractual price for overnight stays with or without breakfast, 70% for half-board, and 60% for full-board arrangements. The customer is free to prove that the claimed amount did not arise or is not in the required amount.
IV. Customer Withdrawal (Cancellation, No Show)
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If it was agreed in writing that the customer can withdraw from the contract free of charge within a certain period, the hotel is also entitled to withdraw from the contract within this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive their right to withdraw on inquiry by the hotel.
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If an agreed or requested advance payment or security deposit is not made even after a reasonable grace period set by the hotel has passed, the hotel is also entitled to withdraw from the contract.
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The hotel is also entitled to withdraw from the contract for a materially justified reason, for example, if:
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Force majeure or other circumstances not attributable to the hotel make it impossible to fulfill the contract.
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Rooms are booked with misleading or false information about essential facts, such as the customer's identity or the purpose of their stay.
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The hotel has justified cause to believe that the use of the hotel services might jeopardize the smooth operation of the business, the safety, or the hotel's public reputation without this being attributable to the hotel's control or organization.
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There is a breach of the above-mentioned item I number 2.
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In the event of a justified withdrawal by the hotel, the customer has no claim for compensation.
VI. Room Availability, Handover, and Return
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The customer has no claim to the provision of specific rooms.
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Booked rooms are available to the customer from 15:00 on the agreed arrival day. The customer has no claim to earlier availability.
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On the agreed departure day, rooms must be vacated and made available to the hotel no later than 12:00. After that, the hotel may charge 50% of the full accommodation price (list price) for the late vacating of the room until 18:00, and 100% from 18:00 onwards. Contractual claims of the customer are not justified by this. The customer is free to prove that the hotel did not incur any or a significantly lower claim for usage fees.
VII. Hotel Liability
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The hotel is liable with the care of a prudent businessman for its obligations under the contract. Claims by the customer for compensation are excluded. This does not apply to damage from injury to life, body, or health, if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel, and damages based on an intentional or negligent breach of typical contractual obligations. A breach of duty by the hotel is equivalent to a breach by a legal representative or agent. If there are disruptions or defects in the hotel's services, the hotel will endeavor to remedy these upon knowledge or immediate complaint by the customer. The customer is obligated to contribute what is reasonable to them to remedy the disruption and minimize possible damage.
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For items brought in, the hotel is liable to the customer according to the statutory provisions, which is up to one hundred times the room rate, a maximum of € 3,500, and for money, securities, and valuables up to € 800. Money, securities, and valuables can be stored in the hotel or room safe up to a maximum value of € (insert insurance amount of the hotel). The hotel recommends making use of this possibility.
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If the customer is provided with a parking space in the hotel garage or parking lot, even for a fee, this does not constitute a custody agreement. In the event of loss or damage to vehicles parked or maneuvered on the hotel property and their contents, the hotel is not liable, except in cases of intent or gross negligence. The above number 1 sentences 2 to 4 apply accordingly.
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Wake-up calls are carried out by the hotel with the utmost care. Messages, mail, and merchandise deliveries for guests are handled with care. The hotel takes care of the delivery, storage, and, upon request, for a fee, the forwarding of the same. The above number 1 sentences 2 to 4 apply accordingly.
VIII. Final Provisions
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Amendments or supplements to the contract, the acceptance of the application, or these general terms and conditions for the hotel accommodation contract should be made in writing. Unilateral changes or additions by the customer are invalid.
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The place of fulfillment and payment is the hotel's location.
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The exclusive jurisdiction - also for check and exchange disputes - is the hotel's corporate headquarters in commercial transactions. If a contracting party fulfills the requirement of § 38 paragraph 2 ZPO and has no general jurisdiction in Germany, the place of jurisdiction is the hotel's corporate headquarters.
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German law applies. The application of the UN Sales Convention and conflict of laws is excluded.
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Should individual provisions of these general terms and conditions for the hotel accommodation contract be or become invalid or void, the validity of the remaining provisions will not be affected. Otherwise, statutory provisions apply.
Source Reference: ©️ Hotelverband Deutschland (IHA) e.V.