General terms and conditions for the hotel accommodation contract (as of July 2020)
1. SCOPE
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
1.2 The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived if the customer is not a consumer within the meaning of § 13 BGB.
1.3 The customer’s general terms and conditions only apply if this has been expressly agreed in writing beforehand.
2. CONCLUSION OF CONTRACT, PARTNER, STATUTE OF LIMITATIONS
2.1 The contractual partners are the hotel and the customer. The contract is formed when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in text form.
2.2 All claims against the hotel expire one year after the start of the statutory limitation period. This does not apply to claims for damages or other claims if the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3. SERVICES, PRICES, PAYMENT, OFFSET
3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for rooms provided and for other services used. This also applies to services commissioned by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel.
3.3 The agreed prices include the taxes and local duties applicable at the time the contract is concluded. Not included are local taxes, which are owed by the guest himself according to the respective municipal law, such as visitor’s tax.
In the event of an increase in the statutory sales tax or the introduction, change or abolition of local taxes on the service object after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
3.4 The hotel can make its consent to a subsequent reduction in the number of booked rooms, the hotel’s service or the length of stay of the customer, as requested by the customer, dependent on the price for the rooms and/or for the other services of the hotel increasing appropriately .
3.5 Hotel invoices are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment must be made within ten days of receipt of the invoice without deductions, unless otherwise agreed.
3.6 The hotel is entitled to demand a reasonable advance payment or security, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. If the customer is in default of payment, the statutory regulations apply.
3.7 In justified cases, e.g. the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled, even after the contract has been concluded up to the start of the stay, to require an advance payment or security deposit in the sense of Section 3.6 above or an increase in the general terms and conditions for the hotel accommodation contract (AGBH 8.0) agreed advance payment or provision of security up to the full agreed remuneration.
3.8 The hotel is also entitled to demand a reasonable advance payment or security deposit within the meaning of Section 3.6 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such has not already been provided in accordance with Section 3.6 and/or Section 3.7 above was done.
3.9 The customer can only offset or set off against a claim of the hotel with an undisputed or legally binding claim.
3.10 The customer agrees that the invoice can be sent to him electronically.
4. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION)/FAILURE TO USE HOTEL SERVICES (NO SHOW)
4.1 The customer can only withdraw from the contract concluded with the hotel if Übersetzungstypen a right of withdrawal has been expressly agreed in the contract, there is a statutory right of withdrawal or if the hotel expressly agrees to the cancellation of the contract.
4.2 If an appointment for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract up to that point without triggering payment or damage claims by the hotel.
4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented out elsewhere, the hotel can make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast and for package deals with third-party services, 70% for half-board and 60% for full-board packages. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
5. WITHDRAWAL OF THE HOTEL
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer, upon inquiry by the hotel, with reasonable setting a deadline does not waive his right to withdraw. This applies accordingly if an option is granted if there are other inquiries and the customer is not ready to make a firm booking after the hotel has asked for a reasonable deadline.
5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and/or Section 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, in particular if
– force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
– rooms or spaces are booked culpably with misleading or false information or with the concealment of essential facts; The identity of the customer, the ability to pay or the purpose of the stay can be essential.
– the hotel has justified reason to assume that the use of the service may endanger the smooth running of business, the security or the reputation of the hotel in public, without this being attributable to the hotel’s area of control or organization;
– the purpose or reason for the stay is illegal;
– there is a violation of the above-mentioned number 1.2.
5.4 The hotel’s justified withdrawal does not justify any claims by the customer for damages.
6. ROOM AVAILABILITY, DELIVERY AND RETURN
6.1 The reception is staffed from 8 a.m. to 8 p.m. Checking in or checking out outside of these times is only possible with the prior agreement of the hotel.
6.2 The customer does not acquire the right to be provided specific rooms unless this has been expressly agreed in writing.
6.3 Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability.
6.4 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After that, the hotel can charge 50% of the full accommodation price (price according to the price list) due to the delayed vacating of the room for its contractual use up to 6:00 p.m. and 90% from 6:00 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim for usage fees.
7. LIABILITY OF THE HOTEL
7.1 The hotel is liable for damage to life, limb or health for which it is responsible. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of contractual obligations on the part of the hotel. Typical contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages Übersetzungstypen are excluded unless otherwise stipulated in this Section 7. Should disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
7.2 The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends using the hotel or room safe. If the customer wishes to bring money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate safekeeping agreement with the hotel.
7.3 If the customer is provided with a parking space in the hotel garage or in the hotel car park, even for a fee, this does not result in a custody agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with the above clause 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages for customers are treated with care. After prior agreement with the customer, the hotel can take over the acceptance, storage and – on request – the forwarding of mail and goods consignments for a fee. The hotel is only liable in accordance with the above clause 7.1, sentences 1 to 4.
8. SPECIAL PROVISIONS FOR THE WELLNESS AREA
8.1 At the beginning of the treatment, the guest informs the supervisor of any health problems such as allergies, high blood pressure, metabolic disorders, heart disease or pregnancy.
8.2 The hotel is not liable for unforeseeable skin and body reactions caused by cosmetic products and treatments, as well as allergies or other physical conditions not known to the guest or not communicated to the hotel, in which case the booked treatment should have been avoided.
8.3 Wellness appointments can be canceled free of charge up to 24 hours before the start. If resale is not possible in the event of short-term cancellation, we will charge 80% of the application price.
8.4 The hotel can temporarily close the wellness and fitness rooms or change the opening times if repair work or the like is necessary.
9. GUTSCEINREDEMPTIONS
9.1 Vouchers can only be redeemed in the original. Please inform us in advance about the voucher redemption.
9.2 A cash payment of the voucher value is excluded.
9.3 No liability is accepted for late delivery by post.
9.4 The voucher is only valid once the amount due has been paid in full.
9.5 Material vouchers such as (massages, breakfast, etc.) or package vouchers (e.g. wellness stays) can also be redeemed for other services of a comparable value.
9.6 In general, the value of your voucher is retained for up to three years from the date of issue. In the case of product or package vouchers, the services and prices change regularly. Therefore, with these vouchers, the value of the voucher will be offset against the currently booked service after one year.
10. NO SMOKING BREAKDOWN
10.1 The hotel is designated as a non-smoking hotel and is marked accordingly in the rooms.
10.2 If the smoking ban is not observed, the hotel reserves the right to demand compensation of 80% of the room price for possible non-rentability.
10.3 In any case, the hotel is to be compensated with 150 euros for the additionally necessary cleaning work.
11. SPECIAL CONDITIONS FOR TRAVEL CONTRACTS
11.1 If agreed and provided services are not used by the guest, a reduction in the total fee is not permitted.
11.2 The hotel is liable – according to the regulations in B.VI. – only for special services provided by him or on his behalf and on behalf of him. Insofar as the special services are provided by the third party itself, the hotel, unless otherwise agreed with the guest, is not responsible for the provision of these special services and any claims by the guest arising in connection therewith.
12. FINAL PROVISIONS
12.1 Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the customer are invalid.
12.2 The place of fulfillment and payment as well as the exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is Freudenstadt in commercial transactions. If a contractual partner meets the requirements of § 38 paragraph 2 ZPO and no general If the place of jurisdiction is in Germany, the place of jurisdiction is Freudenstadt.
12.3 German law applies. The application of the UN sales law and the conflict of laws is excluded.
12.4 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. In addition, the statutory provisions apply
12.5 In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (“OS platform”): http://ec.europa.eu/consumers/odr/ . However, the hotel does not participate in dispute settlement procedures before consumer arbitration boards.
© Hotel Association Germany (IHA) e.V.
