Terms and Conditions for the Hotel Accommodation Contract
1) SCOPE OF APPLICATION
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 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 reletting of the rooms provided as well as their use for purposes other than accommodation requires the prior consent of the hotel in written form, with the exception of § 540 paragraph 1 sentence 2 BGB, unless the customer is not a consumer within the meaning of § 13 BGB.
1.3 General terms and conditions of the customer apply only if this has been expressly agreed in written form in advance.
2) CONTRACT CONCLUSION, PARTNERS, LIMITATION PERIOD
2.1 The parties to the contract are the hotel and the customer. The contract is concluded by the hotel’s acceptance of the customer’s offer. The hotel is free to confirm the room reservation in written form.
2.2 All claims against the hotel generally become statute-barred one year from the statutory commencement of the limitation period. This does not apply to damage claims and other claims if the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3) SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obligated to keep the rooms booked by the customer available until 6:00 PM and to provide the agreed services.
3.2 The customer is obligated to pay the prices of the hotel applicable or agreed for the room provision and the other services used by him. This also applies to services commissioned directly by the customer or commissioned through the hotel and provided by third parties and paid for by the hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time of the conclusion of the contract. Local charges that are owed by the guest himself, such as tourist tax, are not included. In the event of a change in the statutory value-added tax or the introduction, modification, or abolition of local charges on the subject matter of the contract after the conclusion of the contract, the prices will be adjusted accordingly. This only applies to contracts with consumers if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
3.4 The hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel’s services, or the customer’s length of stay dependent on an appropriate increase in the price for the rooms and/or the other services of the hotel.
3.5 Invoices of the hotel are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment must be made within seven days of receipt of the invoice without deduction, unless otherwise agreed.
3.6 The hotel is entitled to demand an appropriate advance payment or security deposit, for example, in the form of a credit card guarantee, from the customer when the contract is concluded. The amount of the advance payment and the payment dates can be agreed in written form in the contract. The legal provisions remain unaffected for advance payments or security deposits for package tours. In the event of the customer’s default in payment, the statutory regulations apply.
3.7 In justified cases, such as the customer’s payment arrears or an expansion of the scope of the contract, the hotel is entitled to demand an advance payment or security deposit in the sense of the above-mentioned Clause 3.6 or an increase in the agreed advance payment or security deposit until the full agreed remuneration at the beginning and during the stay.
3.8 Furthermore, the hotel is entitled to demand an appropriate advance payment or security deposit in the sense of the above-mentioned Clause 3.6 for existing and future claims from the contract from the customer at the beginning and during the stay if such has not already been made in accordance with the above-mentioned Clauses 3.6 and/or 3.7.
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) Cancellation Policy
4.1 Cancellation of your reservation is free of charge up to 7 days before the arrival date, except for holiday weekends, Christmas, and New Year’s.
4.2 Group reservations of 5 rooms or more can be canceled free of charge up to 30 days before the arrival date.
4.3 In case of late cancellation of a booked reservation, we will charge 80% of the agreed room rate.
4.4 The same applies to a reduction of the length of stay by a late arrival or early departure.
4.5 If you cancel on the day of arrival or if we wait in vain for your arrival and cannot rent out your room as a result, we will charge 100% of the price for the first night + 80% of the agreed price for the remaining nights.
4.6 In case of cancellation, this must be done in writing.
The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
5) CANCELLATION BY THE HOTEL
5.1 If it has been agreed 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 his right to withdraw upon request from the hotel with a reasonable deadline.
This also applies to the granting of an option if there are other inquiries and the customer is not ready to make a firm booking upon request from the hotel with a reasonable deadline.
5.2 If an agreed or demanded advance payment or security deposit according to Clause 3.6 and/or Clause 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 withdraw from the contract for a materially justified reason, in particular if
– force majeure or other circumstances beyond the hotel’s control make it impossible to fulfill the contract;
– rooms or spaces are booked with culpably misleading or incorrect information or the customer culpably withholds essential facts; essential may be the identity of the customer, solvency, or the purpose of the stay;
– the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the security, or the reputation of the hotel in the public eye, without this being attributable to the hotel’s sphere of control or organization;
– the purpose or occasion of the stay is unlawful;
– a violation of Clause 1.2 above is present.
5.4 The justified withdrawal of the hotel does not give the customer the right to compensation.
6) ROOM AVAILABILITY, HANDOVER, AND RETURN
6.1 The customer does not acquire the right to the provision of specific rooms unless this has been expressly agreed in written form.
6.2 Booked rooms are available to the customer from 2:00 PM on the agreed arrival date. The customer has no right to earlier provision.
6.3 On the agreed departure day, the rooms must be vacated and made available to the hotel no later than 10:30 AM. After that, the hotel can charge 70% of the full room rate (price according to the price list) until 6:00 PM due to the late vacation of the room for its contractually exceeding use, and 100% from 6:00 PM. Contractual claims of the customer are not established hereby. The customer is free to prove that the hotel has no claim to use fees or a significantly lower claim.
7) HOTEL LIABILITY
7.1 The hotel is liable for damages caused by it in violation of life, body, or health. 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 contract-typical duties of the hotel. Contract-typical duties are those duties that enable the proper execution of the contract and on whose fulfillment 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-reaching claims for damages are excluded unless otherwise regulated in this Clause 7. Should disruptions or defects occur in the services of the hotel, the hotel will make an effort to remedy the situation upon knowledge or immediate complaint by the customer. The customer is obliged to contribute to what is reasonable for him to remedy the disruption and to keep any possible damage to a minimum.
7.2 The hotel is liable according to the statutory provisions for items brought in by the customer. The hotel recommends the use of the hotel safe. If the customer wishes to bring in money, securities, and valuables with a value of more than €800 or other items with a value of more than €3,500, this requires a separate storage agreement with the hotel.
7.3 Insofar as the customer is provided with a parking space in the hotel garage or on the hotel parking lot, also for a fee, no custody contract is concluded thereby. The hotel only is liable according to Clause 7.1, Sentences 1 to 4, for loss or damage to motor vehicles parked or maneuvered on the hotel property.
7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages for customers are treated with care. The hotel can, after prior agreement with the customer, accept, store, and – on request – for a fee, forward mail and merchandise. The hotel is liable in this regard only in accordance with Clause 7.1, Sentences 1 to 4.
8) FINAL PROVISIONS
8.1 Changes and additions to the contract, acceptance of the application, or these General Terms and Conditions should be made in written form. Unilateral changes or additions are ineffective.
8.2 Place of performance and payment as well as exclusive place of jurisdiction – also for check and bill of exchange disputes – is Perl-Nennig in commercial transactions. If the customer fulfills the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in the country, Perl-Nennig is considered the place of jurisdiction.
8.3 German law applies. The application of the UN Sales Convention and conflict of laws is excluded.
8.4 In accordance with legal obligations, the hotel points out that the European Union has set up an online platform for the out-of-court resolution of consumer disputes (“ODR platform”): http://ec.europa.eu/consumers/odr/ However, the hotel does not participate in consumer dispute resolution proceedings before consumer arbitration boards.
Hotel Zur Traube GmbH
Bübinger Straße 22
Tel: +49 6866 349
Fax: +49 6866 150018
VAT ID No.: DE812367767
Commercial Register: HRB 64337; AG Saarbrücken