|I General Terms out Conditions of Business (GTC’s)|
1. Applicability of the Terms and Conditions
Our GTC's are applicable in conjunction with room use as well as our other services and goods supplied. They apply both in our dealings with consumers and those involving companies unless distinction is made in the pertinent clause.
2. Offer and conclusion of Contract
The Contract shall be deemed to have come into being upon our having approved (booking confirmation) the booking inquiry of the guest. Conclusion of Contract may be in writing, verbal or by telephone.
3. Prices and terms and conditions of payment
(1) The guest shall be obliged to pay the prices agreed for having been provided with the room and for any and all such services of which he/she shall have availed himself/herself.
(2) The prices shall include Value Added Tax at the relevant rate. The prices agreed may be adjusted following conclusion of Contract in line with the then applicable prices where the period between conclusion of Contract and rendering of the specific service shall be of duration exceeding 4 months and the price charged by us for such services shall have increased. The guest shall only be entitled to withdrawal where such increase in price exceeds 5%,
(3) Where other terms and conditions of payment shall not have been explicitly agreed, invoices shall be due and owing in cash immediately upon receipt and without deduction of any kind. The guest shall be in default of payment no later than 30 days as of issue. This shall apply in the case of a guest holding the status of consumer only where explicit reference shall have been made to this legal implication in the invoice. We shall be at liberty to demand EUR 3.00 for each reminder following accrual of default.
(4) Acceptance and selection of credit cards shall be at our discretion in each and every instance of presentation of same, namely, even where acceptance in principle of credit cards is made public by way of notice in the hotel. The acceptance of cheques, credit cards and similar means of payment shall, for the rest, be in lieu of payment only.
(5) We shall be at liberty to demand adequate security upon conclusion of Contract or thereafter. In addition, we may issue interim invoices during the stay.
(6) Default in payment in the case of just one invoice shall entitle us to cancel all further and future services for the guest. This shall be subject to default as provided for under Subsection (3) and to our having made reference to the consequences of default as specified in the foregoing in the invoice.
(1) Where rooms and other services (e.g. meals) shall have been reserved on an optional basis, the option data shall be binding for both Contractual Partners. Following the expiration of the option deadline agreed, we shall be at liberty, without our being required to consult the guest, to dispose freely of the rooms and services reserved under said option.
(2) Reserved rooms that have been confirmed as such by us shall be made available on the date of arrival as of 1 p.m. and on the date of departure by 11 a.m. We shall be entitled, however not obligated, to allocate reserved rooms to others as of 6 p.m. on the date of arrival insofar as a later time of arrival shall not have been explicitly agreed.
5. Liability for damage
(1) Our liability for breach of contractual obligations and for perpetration of offence shall be restricted to wilful intent and gross negligence. This shall not apply in conjunction with loss of life, physical injury and damage to health of the customer, claims based on infringement of cardinal obligations and compensation for damage caused by delay (§ 286 German Civil Code [BGB]). In this regard, we shall be liable for each and every degree of culpability.
(2) We shall be liable as provided for under statutory provisions prevailing for items brought in by the guest, i.e. up to the one hundredfold of accommodation costs, however, up to a maximum of EUR 3,500.00. In respect of valuables, (jewellery, cash, etc.) liability shall be limited to EUR 800.00.
(3) Insofar as the guest shall have been provided with a parking space in the hotel car park, and even where such provision shall have been for payment, a safekeeping agreement shall not be deemed to have been established. In the event of vehicles parked in the car park or within the hotel grounds, or their contents, going missing or being damaged, liability shall only attach to us where there is evidence of a wilful intent or gross negligence.
6. Withdrawal on the part of the guest, cancellations
(1) The guest shall be at liberty at all times to withdraw from the Contract.
(2) Where the guest shall fail to make use of the room reserved or services booked for reasons of withdrawal or for any other reasons, we shall be entitled to reasonable compensation. This amounts to:
- cancellation up to and including the 29th day prior to arrival, free of charge - cancellation between the 28th and 15th day (both inclusive) prior to provision of the services in question: 30% of the amount chargeable for the services reserved - cancellation between the 14th and eighth day (both inclusive) prior to provision of the services in question: 60% of the amount chargeable for the services reserved - cancellation between the seventh and third day (both inclusive) prior to provision of the services in question: 80% of the amount chargeable for the services reserved - cancellation within 48 hours prior to provision of the services in question or failure to make use of the services in question: 80% of the amount chargeable for the services reserved. The cancellation charges shall be reduced by those amounts achieved through rental of the rooms cancelled or invoicing of the services per date on which the original reservation was applicable. The foregoing cancellation charges shall also apply where the guest shall cancel a portion of the services ordered and reserved. The flat rates stipulated shall, in such event, only apply to the portion of the services that is actually cancelled or of which use shall not have been made. The guest shall be at liberty at all times to furnish evidence to the effect that we shall have incurred no loss or a loss of lesser proportions. 3 In the case of such third-party services as shall have been arranged by us at the express request of the guest (town and city tours, visits to the theatre and suchlike), we shall charge the cancellation fees as invoiced to ourselves by the provider of the service in question in the event of cancellation. Generally speaking this will amount to the full price of the third-party service involved.
7. Withdrawal on the part of the accommodation provider
(1) We shall be entitled to withdraw from the Contract for cause without prejudice to other reasons, and more specifically, where
- Acts of God (e.g. fire, strike, flooding, etc.) render our fulfilling the terms of the Contract impossible, - the room shall have been booked using false or misleading details in respect of the person concerned or the purpose of the booking, - we have justified cause for assuming that use of the service provided by the hotel may jeopardise the smooth running of the business, safety or the reputation of the establishment in public and that such development does not fall within the hotel's sphere of control or organisation, - we learn of such circumstances as would serve to indicate that the financial situation of the guest has deteriorated, and more specifically, where the guest fails to settle amounts due, - the guest shall have filed application for insolvency in respect of its assets, submitted a declaration in lieu of oath in accordance with § 807 Code of Civil Procedure [ZPO] or insolvency proceedings in respect of its assets shall have been opened, or their initiation shall have been rejected on grounds of lack of assets. (2) The guest shall have no entitlement to compensation in the aforementioned cases.
8. Special obligations
(1) The room shall be vacated on the date of departure no later than at 11 a.m. Thereafter, payment shall be due for further use in the amount of the price of the room.
(2) It shall be deemed inadmissible to consume food and drinks procured externally in the public areas of the hotel.
9. Place of performance - Applicable law - Jurisdictional venue
(1) Place of performance and payment shall be the legal domicile of the hotel insofar as the Contract does not specify otherwise.
(2) The present Contract shall be governed by the Law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the Conflict of Laws.
(3) The sole jurisdictional venue, which shall also encompass disputes arising from cheque and bill-of-exchange business, shall be the legal domicile of the hotel for all commercial business transacted. Insofar as a Contractual Partner satisfies the requirements of § 38 Subsection 2 Code of Civil Procedure [ZPO] and does not have a general jurisdictional venue in Germany, the jurisdictional venue shall be taken to be the legal domicile of the hotel.
10. Seminars, conferences, banquets and groups Special Terms and Conditions of Business shall apply in relation to seminars, conferences, banquets and groups, and may be found under Subsection II. and Subsection III.
11. Final provisions Should individual provisions of these general terms and conditions for hotel accommodation be ineffective or void, the effectiveness of the remaining provisions shall thereby not be affected. Apart form that the statutory provisions are in effect.1.