Condition

General Terms and Conditions of Business for the Hotel Reservation Contract Scope of application 1.  These General Terms and Conditions of Business apply to contracts for booking hotel rooms as accommodation as well as for all other performances rendered and deliveries made for the hotel’s customers. 2.  The subletting and reletting of hired rooms or their use for purposes other than for accommodation must first be approved in writing by the hotel. 3.  The customer’s terms of business will only apply when arranged accordingly in advance. Contract formation, contractual partners; statute of limitations 1.  The contract will be finalised by the hotel accepting the customer’s room reservation. The hotel is free to confirm the booking of the room in writing. 2.  The contracting parties are the hotel and the customer. If a third party has booked for the customer, he shall be jointly liable with the customer towards the hotel as a co-debtor for all obligations arising from the hotel accommodation contract insofar as the hotel has received a corresponding declaration from the third party. 3.  Insofar as the hotel produces work performances within the scope of the contractual relationship or concludes contracts with the customer concerning the delivery of newly produced items, any possible claims for faults will expire by limitation at the end of one year after the begin of the statutory period of limitation, for all other claims by the customer the statutory period of limitation will equal six months. The above does not apply in the event that the hotel is liable for damage from injury to life, limb or health or for liability for other damages arising from an intentional or grossly negligent breach of duty by the hotel, one of its legal representatives or vicarious agents; in these cases the statutory periods of limitation shall apply. Performances, prices, payment, offsetting 1.  The hotel wil keep the room booked by the customer available and render the arranged performances. 2.  The customer will pay the current or arranged hotel price for the use of the room and for all other performances he uses. This also applies to the performances and expenditure caused by the customer for the benefit of third parties. 3.  The arranged prices include the respective statutory value added tax. 4.  If the time period between the conclusion and the fulfilment of the contract exceeds four months and if the price generally charged by the hotel for such performances should increase, this may increase the contractually arranged price to a reasonable extent, however no more than by 10 %. 5.  The prices may also be changed by the hotel if the customer subsequently wishes to change the number of booked rooms, the performance of the hotel or the duration of the stay of the guests and the hotel agrees to this. 6.  Hotel invoices without a due date are payable without deduction within 10 days of the receipt of the bill. The hotel may accelerate accruals receivable at any time and demand immediate payment. With a default in payment the hotel may charge default interest pursuant to Section 288 of the German Civil Code BGB whereby claims for further damages remain reserved. 7.  With consideration for the legal provisions, for package tours the hotel may demand a reasonable advance payment or a surety when the contract is concluded or thereafter. The amount of the prepayment and the payment dates can be arranged in writing in the contract. 8.  The customer may only offset or reduce the room price or assert a right of retention against a hotel claim with an undisputed or valid claim. Customer’s right to withdraw from the contract (booking cancellation) 1.  The customer’s withdrawal from a contract concluded with the hotel must be approved by the hotel in writing. If the customer fails to do this, the price arranged in the contract must also be paid when the customer does not use the contractual performance. 2.  This does not apply when the hotel delays its performance or if the customer is responsible for the hotel being able to perform. 3.  Insofar as a date for a withdrawal from the contract has been arranged in writing between the hotel and the customer, the customer may cancel the contract up until then without incurring charges or claims for damages by the hotel. The customer’s right to withdraw from the contract lapses when he fails to exercise his right to withdraw from the contract by the arranged date in writing insofar as the hotel has not delayed its performance or he is responsible for the hotel not being able to perform. 4.  When customers fail to use rooms the hotel shall offset the revenue it obtains from an alternative hiring of the rooms as well as the savings in expenditures. 5.  The hotel is at liberty to generalise the damage it has sustained which is being replaced by the customer. The customer must then pay 80 % of the contractually arranged price for the accommodation with or without breakfast, 70 % for half board and 60 % for full board arrangements. 6.  The customer is free to prove that no damage has been caused or that the damage caused to the hotel is less than the demanded generalised price. When the hotel withdraws from the contract 1.  Insofar as the customer has been granted the right in writing to withdraw from the contract within a specified period, the hotel may also withdraw from the contract during this period when other customers have enquired about the contractually booked rooms and the customer at the request of the hotel fails to waive his right to withdraw from the contract. 2.  If an arranged prepayment has not been made even after the hotel has set a reasonable grace period with the threat of a refusal, the hotel may also withdraw from the contract. 3.  The hotel may also withdraw from the contract for factually justified exceptional reasons, for example when 4.  force majeure or other circumstances for which the hotel is not responsible should make the fulfilment of the contract impossible; 5.  rooms have been booked under misleading or false information with regard to significant facts, e.g. with regard to the person of the customer or the purpose of the booking; 6.  the hotel has justified reason to believe that the use of the hotel’s performance will jeopardise the smooth business operation, the safety or the reputation of the hotel in the public without this being attributable to the domain or the organisation of the hotel; 7.  an infringement against the above “Scope” provision in Section 2 is at hand. 8.  The hotel will immediately inform the event organiser of its intention to exercise its cancellation right and it shall immediately refund the contractual partner’s compensating measures. 9.  The event organiser possesses no claims for damages against the hotel except for intentional or gross negligence in the conduct of the hotel, its legal representatives or vicarious agents. Providing the rooms, handing them over und returning them 1.  The customer does not acquire a claim to having specific rooms made available to him. 2.  Booked rooms will be available to the customer as from 2 p.m. of the arranged day of arrival. The customer is not entitled to having them made available earlier. 3  On the arranged day of departure the rooms shall be made available to the hotel no later than by 10 a.m. After that the hotel can claim for the incurred damage from the additional use of the room until 6 p.m. by charging 50 % of the full accommodation price (list price), and after 6 p.m. by charging 100 %. The customer is free to prove to the hotel that it has sustained no damage or a significantly lower damage. Liability of the hotel 1.  Insofar as it does not affect essential contractual duties (cardinal duties) in an area of typical performance, the liability of the hotel is limited to damage arising from intent or gross negligence of the hotel, its legal representatives or vicarious agents. This does not apply to liability for damage from injury to life, limb or health. If impairments of the hotel’s performance or faults arise, the hotel will take corrective action upon becoming aware of this or upon being immediately informed thereof by the customer. The customer shall collaborate to a reasonable extent in removing the disturbance or mitigating the damage. 2.  The hotel is liable towards the customer for items kept in the hotel according to the statutory regulations, i.e. up to one hundred fold of the room price, however for no more than EUR 3,500.00 as well as for money and valuables for up to EUR 800.00. Money and valuables up to a maximum value of EUR 5,000.00 can be kept in the hotel safe; in this case the maximum liability limits mentioned in the above sentence do not apply. The hotel recommends that its customers make use of this option. 3.  The claim to liability lapses when the customer upon becoming aware of a loss, damage or destruction fails to immediately report this to the hotel (Section 703 of the German Civil Code BGB). 4.  The statutory regulations apply for the unlimited liability of the hotel. 5.  Requests for wakeup calls will be fulfilled by the hotel with utmost care. Claims for damages are excluded except in cases of gross negligence or malice. 6.  Messages, post and consignments of goods for guests will be handled with care. The hotel will accept the delivery, safe- keeping and – upon request – forward the items against a charge. Claims for damages are excluded except in cases of gross negligence or malice. Final provisions 1.  Changes or amendments to the contract or to the terms and conditions of the hotel’s acceptance of the reservation should be made in writing. Unilateral changes or amendments made by the customer are void. 2.  The place of performance and payment is Halle. 3.  In business dealings the exclusive place of jurisdiction, including for disputes regarding cheques and bills of exchange, is the registered office of the hotel. Insofar as the contractual partner fulfils the conditions of Section 38 Subsection 1 of the German civil procedure rules ZPO and does not have a general place of jurisdiction domestically, the hotel’s registered office shall apply as the place of jurisdiction. 4.  German law applies to the contract. 5.  Should any individual provision of these General Terms and Conditions of Business for the hotel’s acceptance of the reservation be or become void or unenforceable, the validity of the remaining provisions hereof shall in no way be affected. The statutory regulations shall apply otherwise.
Händel