FOR HOTEL ACCOMMODATION CONTRACT WITH HOTEL LÖWEN (Owner: Melanie Lehle-Çelic)
I. SCOPE OF APPLICABILITY
These terms and conditions govern contracts for the rental use of hotel rooms for
lodging purposes, as well as all other goods and services rendered by Hotel Löwen (hereinafter referred to as ´hotel´), represented by Mrs. Melanie Lehle-Çelik, to guests, organiziers and other contractual partners (hereinafter referred to as ´customer´ or ´guest´) in this context (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” comprises and is synonimous to the following terms: accommodation, lodging, hotel, hotel room contract.
The hotel’s prior consent in written form is required if rooms provided are to be sublet or rented to a third party, or used for other than lodging purposes, whereby §540, para. 1, sentence 2 German Civil Code (BGB) is waived insofar as the customer is not the consumer.
The customer’s general terms and conditions shall apply only if these are previously expressly agreed in written form by the hotel. Contracting parties within the meaning of these terms and conditions are both consumers and entrepreneurs within the meaning of §13 & §14 German Civil Code (BGB).
II. CONCLUSION OF CONTRACT, PARTIES, STATUTE OF LIMITATIONS
The hotel and the customer are the contracting parties. The contract shall come into force upon the verbal or written acceptance of the request by the contracting parties. The hotel is free to accept the request verbally or in text form (reservation confirmation by e-mail, letter or facimile) or conclusively, by providing service.
At its discretion, the hotel may confirm the room reservation in written form.
If the hotel makes a binding offer to the customer (group travel), the contract shall come into force by the acceptance of the hotel offer by the customer. In both cases, the hotel is free to confirm the room reservation in text form. The conclusion of the contract at fair times requieres a written confirmation by the hotel.
Contractual partners are the hotel and the customer. If a third party has ordered for the customer the customer is liable to the hotel together with the third party as the joint debtor for all obligations under the hotel accommodation contract, implicitly that the hotel has a declaration of agreement from the third party.
Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period in the sense of §199, para. 1 German Civil Right (BGB). Damage claims shall be time-barred after five years, dependent on knowledge thereof, insofar as they are not based on claims arising out of harm inflicted on life, limb, physical health or liberty. These damage claims shall be time-barred after ten years, independent of knowledge thereof. The reduction of the statute of limitation periods shall not apply to claims which are based on an intentional or grossly negligent breach of obligation by the hotel.
III. SERVICES, PRICES, PAYMENT, SET-OFF
The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.
The customer is obligated to pay the applicable or agreed hotel prices for rooms rented and for other services accepted. This also applies to services ordered by the customer directly or via the hotel, which a third party induced and the hotel disbursed.
The agreed prices include all taxes and local taxes in effect at the time of the conclusion of contract. This does not include locally levied taxes, which are owed by the guest him self according to the particular municipal law, such as visitor’s tax.
If the statutory value added tax is changed or if local taxes concerning the rooms and services are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted according to the legal regulations.
IV. Arrival, Use, Handover, Return and Departure
a) The provision of the rooms is exclusively for accomodation purposes.
b) The contracting party is liable to the hotel for all damages caused by him or by third parties who receive the services of the hotel upon his request.
c) The contracting party is not entitled to provision and use of certain rooms. If rooms in the house are not available, the hotel will inform the contracting party without delay and offer equivalent replacement in a nearby hotel of the same category. If the contracting party refuses, the hotel must immediately reimburse the services provided by the contracting party.
d) Booked rooms are available to the contracting party from 15:00 on the day of arrival. Unless otherwise agreed, the hotel reserves the right to redistribute booked rooms after 6 pm without the contracting party being able to derive any rights or claims therefrom. Consequently, arrivals after 6:00 pm must be reported to the hotel by the contractor before 6:00 pm on the day of arrival and confirmed by the hotel (telephone confirmation is sufficient). A guarantee of the room from the time of booking, so that they are in principle excluded from disclosure, is possible only through a guarantee bookings. For a guarantee booking, the deposit of the data of a valid credit card at the time of booking is essential.
e) The rooms must be vacated by 11:00 on the day of departure at the latest. Thereafter, the hotel may charge the contractor for the additional use of the room up to 16:00 o’clock the day room rate beyond the resulting damage, from 16:00 o’clock 100% of the full room rate. In the case of half-board bookings, 100% of the full accommodation price (room price + meal allowance) may be charged.
f) Day rooms can be provided from mornings (11:00 am) and must be vacated at the latest by evening (18:00 pm) of the same day by the contracting party.
The hotel can make its consent to the customer’s later request for a reduction of the number of reserved rooms, services of the hotel or the customer’s length of stay dependent on the increase of the price for the rooms and/or for the other services.
V. DUE DATES AND PAYMENT
Hotel invoices not stating an explicit due date are payable without deduction and due within seven days after receipt of the invoice. The hotel can demand immediate settlement of amounts due from the customer. Accepted payment methods are: cash, electronic cash (EC/Maestro), VisaCard, MasterCard or bank transfer. The hotel is entitled to reject foreign currencies, checks and credit cards.
An invoice sent by post, is assumed to have been received 3 days after dispatch, unless an earlier receipt can be proven.
With default of payment, the hotel shall be entitled to demand the respectively applicable statutory default interest in the amount of currently 8% or, with legal transactions with a consumer, in the amount of 5% above the base interest rate. The hotel reserves the right to prove greater damage.
The hotel is entitled to require a reasonable advance payment or a security from up to 100% e.g. a credit card. The amount of the advance payment and payment dates may be agreed in written form in the contract. In justified cases e.g. if the customer is in arrears or extended the scope oft he contract, the hotel is entitled, even after conclusion oft he contract, to demand an advance payment or security in the sense of paragraph V above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration. The customer can offset or reduce only with an undisputed or legally enforceable claim against a claim of the hotel. The statutory provisions shall remain unaffected with advance payments or guarantee payments for group travels and package tours.
In justified cases, e.g. the customer’s default in payment or expansion of the scope of the contract, the hotel shall be entitled, also after the conclusion of the contract up to the commencement of the stay, to demand an advance payment or a security within the meaning of the above -mentioned No. V or an increase of the advance payment or a security agreed in the contract up to the total agreed remuneration.
Furthermore, the hotel shall be entitled, at the commencement and during the customer’s stay, to demand a reasonable advance payment or security deposit
within the meaning of the above-mentioned No. V for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned No. V.
The customer may only set-off, reduce or clear a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.
VI. WITHDRAWAL BY PART OF THE CUSTOMER (CANCELLATION, ANNULMENT) / NON-USE OF HOTEL SERVICES (NO SHOW)
The customer can only withdraw from the contract concluded with the hotel, if a right of withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal exists or if the hotel gives its explicit consent to the withdrawal. The contractual agreement of a right of withdrawal as well as the consent to withdrawal from the contract shall be in written from.
Insofar as the hotel and customer have agreed upon a date for a cost-free with-drawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal shall expire, if he does not exercise his right of with-drawal vis-à-vis the hotel by the agreed date.
The hotel grants the customer a right of withdrawal after conclusion of the contract. The following terms of condition apply:
a). In the event of a withdrawal by the guest, the hotel strives to avoid cancellation fees by trying to sell the booked rooms. As this is usually possible for cancellations up to 30 days prior to arrival, cancellation fees up to 30 days prior to arrival do not incur a cancellation fee. In case of a later cancellation cancellation fees in the amount of the full room price minus the saved expenses are due and charged according to the legal regulations, should a re-letting of the booked rooms not be possible.
For bed & breakfast this is 80% of the contracted price, for half board accommodation 70% of the contracted price.
b) For exhibition rates special cancellation conditions will apply (by arrangement).
c) If the customer has selected a booking without any possibility of change or cancellation and at the moment the reservation has accepted that the full price of the stay (from the credit card) will be deducted, this amount is non-refundable.
d) If the hotel has granted the contractual partner in the contract an option to withdraw from the contract within a certain period of time without any further legal consequences, the hotel has no right for compensation. Decisive for the timeliness of the declaration of withdrawal is their access at the hotel. The customer must explain the withdrawal in writing.
The above provisions on compensation apply accordingly if the guest does not use the booked room or the services booked without informing in good time (No Show).
VII. WITHDRAWAL OF THE HOTEL
Insofar as it was agreed that the customer can withdraw from the contract at no cost within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period of time if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by the hotel with a reasonable deadline set, does not waive his right of withdrawal.
If an agreed advance payment or an advance payment or a security demanded pursuant to No. V is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.
Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if:
– force majeure or other circumstances beyond the hotel’s control render the fulfillmentof the contract impossible- rooms
– spaces are reserved with culpably misleading or false information
– concealment regarding essential facts; the identity
– solvency of the customer
– the purpose of his stay can constitute essential facts;
– the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization;
– the purpose or the cause of the stay is illegal
– there is a breach of the above-mentioned No. I.
The justified withdrawal by the hotel constitutes no claims for damages for the customer.
VIII. LIABILITY OF THE HOTEL
The hotel is liable for harm inflicted on life, limb and physical health. Further it is liable for other damage caused with full intent or gross negligence or due to intentional or grossly negligent violation of obligations typical for the contract. A breach of obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or vicarious agent. All other claims for damages are excluded, if not determined differently in this No. VII. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection by the customer made without undue delay. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.
The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions. It recommends the use of the hotel or room safe.
If the guest wishes to bring with him money, securities, stocks, bonds or valuables with a value of more than 800,00 EUR or other things with a value of more than 3.500,00 EUR, a separate safekeeping agreement is necessary (according to § 701 BGB). Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel only assumes liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and the contents thereof only pursuant to the preceding No. VII.
Wakeup calls are carried out by the hotel with the greatest possible diligence.
Messages, mail, and merchandise deliveries for guests shall be handled with care.
The hotel will deliver, hold, and, for a fee, forward such items (on request). The hotel only assumes liability according to the preceding No. VII.
IX. FINAL CONDITIONS
Amendments and supplements to the contract, the acceptance of offers or these general terms and conditions should be made in written form. Unilateral amendments or supplements by the customer are invalid.
For commercial transactions the place of performance and payment as well as, in the event of litigation, including disputes for checks and bills of exchange, the exclusive court of jurisdiction is at Tettnang. Insofar as a contracting party fulfills the requirements of § 38, para. 2 of the German Code of Civil Procedure
(ZPO) and does not have a place of general jurisdiction within the country, the courts at Tettnang shall have excusive jurisdiction.
The contract is governed by and shall be construed in accordance with German law. The application of the UN Convention on the International Sale of Goods and Conflict Law are precluded. Should individual provisions of these general terms and conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall also apply.
The German version of our Terms & Conditions takes precedence over the English version. In case of doubt, the German version shall be taken as reference.