1 SCOPE OF APPLICATION
1.1 These Terms and Conditions shall apply to contracts for the rental of hotel rooms for accommodation purposes as well as all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: Accommodation Agreement, Guest Accommodation Agreement, Hotel Accommodation Agreement, Hotel Room Agreement.
1.2 The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation shall require the prior consent of the hotel in text form, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in advance.
2 CONCLUSION OF CONTRACT, CONTRACTING PARTIES, STATUTE OF LIMITATIONS
2.1 The contracting parties are the hotel and the customer. The contract is concluded by the hotel's acceptance of the customer's application. The hotel is free to confirm the room reservation in text form.
2.2 All claims against the hotel are generally subject to a limitation period of one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims, provided that 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 and to provide the agreed services.
3.2 The customer is obligated to pay the hotel's agreed or applicable prices for the provision of the rooms and the other services used by the customer. This also applies to services ordered 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 charges applicable at the time of the conclusion of the contract. Not included are local taxes that are owed by the guest according to the respective local law, such as visitor's tax. In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion and performance of the contract exceeds four months.
3.4 The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel's service or the customer's length of stay conditional upon an increase in the price for the rooms and/or for the hotel's other services.
3.5 Invoices of the hotel without a due date are payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default of payment by the customer, the statutory provisions shall apply. The hotel reserves the right to prove higher damages.
3.6 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected. In the event of default of payment by the customer, the statutory provisions shall apply.
3.7 In justified cases, for example payment arrears on the part of the customer or expansion of the scope of the contract, the hotel is entitled, even after conclusion of the contract until the beginning of the stay, to demand an advance payment or security deposit within the meaning of Item 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.8 The hotel is also entitled to demand from the customer an appropriate advance payment or security deposit within the meaning of Item 3.6 above for existing and future claims arising from the contract at the beginning of and during the stay, insofar as such a payment has not already been made in accordance with Item 3.6 above and/or Item 3.7 above.
3.9 The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.
4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION) / NON-UTILIZATION OF THE HOTEL'S SERVICES (NO SHOW)
4.1.1 Up to 4 weeks prior to arrival, the customer has a complete right of cancellation for all booked rooms.
4.1.2 Up to 2 weeks prior to arrival, the customer has the right to cancel 50% of the originally booked rooms.
4.1.3 If no room has been cancelled from the original booking, the customer has the right to cancel up to two rooms up to one day before arrival.
4.2 Until these dates, the customer may exercise his right of withdrawal as agreed without triggering payment or damage claims by the hotel. The customer's right of withdrawal shall expire if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
4.3 If the right of withdrawal has already expired, there shall also be no statutory right of withdrawal or termination. If the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite the non-utilization of the service. The hotel shall credit the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obligated to pay 80% of the contractually agreed price for overnight accommodation with or without breakfast as well as for package arrangements with third-party services. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.
5 CANCELLATION BY THE HOTEL
5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not waive its right to withdraw upon inquiry by the hotel with a reasonable deadline.
5.2 If an advance payment or security deposit agreed or requested pursuant to Section 3.6 and/or Section 3.7 is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
5. 3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons, in particular if - force majeure or other circumstances beyond the hotel's control make it impossible to fulfill the contract; - rooms or spaces are culpably booked with misleading or false information or concealment of material facts; 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 public, without this being attributable to the hotel's sphere of control or organization. the purpose or reason for the stay is unlawful; - there is a violation of the aforementioned Section 1.2.
5.4 The justified withdrawal of the hotel does not justify a claim for damages on the part of the customer.
6 ROOM PROVISION, HANDOVER AND RETURN
6.1 The customer shall not acquire any claim to the provision of specific rooms unless this has been expressly agreed.
6.2 Booked rooms shall be available to the customer from 2:00 p.m. on the agreed day of arrival. The customer has no right to earlier provision.
6.3 Pets are allowed on request. However, these must be registered in advance, as not all rooms are available for this purpose. Pets are not allowed in the breakfast room.
6.4 On the agreed departure day, the rooms must be vacated and made available to the hotel no later than 11:00 a.m. (with late check-out at 4:00 p.m.). Thereafter, the hotel may charge 50% of the full accommodation price (list price) for late vacating of the room for its use in excess of the contract until 6:00 p.m., and 100% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotel has not incurred any or a significantly lower claim to a usage fee.
7 LIABILITY OF THE HOTEL
7.1 The hotel is liable for damages resulting from injury to life, body or health for which it is responsible. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this clause 7. In the event of disruptions or deficiencies in the hotel's services, the hotel will endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and keep any possible damage to a minimum.
7.2 The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel safe. If the guest wishes to bring in 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 storage agreement with the hotel.
7.3 Insofar as a parking space is made available to the customer in the hotel garage or in the hotel parking lot, even for a fee, this shall not constitute a safekeeping agreement. In the event of loss of or damage to vehicles parked or maneuvered on hotel property and their contents, the hotel shall be liable only in accordance with the above Section 7.1, sentences 1 to 4.
7.4 Wake-up calls shall be executed by the hotel with the utmost care. Messages, mail and consignments of goods for the guests will be handled with care. The hotel shall take care of delivery, safekeeping and - upon request - forwarding of the same against payment. The Hotel shall be liable in this respect only in accordance with the above Section 7.1, sentences 1 to 4.
8 FINAL PROVISIONS
8.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements by the customer shall be invalid.
8.2 The place of performance and payment as well as the exclusive place of jurisdiction - also for disputes relating to checks and bills of exchange - shall be Warendorf in commercial transactions. If a contracting party fulfills the requirements of § 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Warendorf.
8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
8.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.