General terms of business

Scope

1. These general terms of doing business apply to contracts for renting hotel rooms to guests, as well as to all goods and services supplied.

2. Subleasing of rooms as well as use of rooms for purposes other than living accommodations require previous written consent of the hotel.

3. Customers’ general terms of business are valid only when agreed in advance.

Conclusion of Agreement, Partners, Liability, Limitations

1. The contract comes about through acceptance of the customer's request by the hotel. It remains free for the hotel to confirm the booking of the room in writing.

2. Contractual partners are the hotel and the customer. If a third party has made the reservation for the customer, he is jointly liable to the hotel along with the customer for all obligations arising from the contract, insofar as there is a corresponding declaration to the hotel by the third party.

3. The hotel is liable for its obligations under the contract. In non-typical performance areas the hotel's liability is limited to intent and gross negligence.

4. The statutory period of limitation for all claims on the part of the customer is 6 months.

5. This limit on liability and short statutory period of limitation work in the favor of the hotel even in the case of violation of obligations in the run-up to the contract and positive violation of the contract.

Performance, Prices, Payment, Compensation

1. The hotel is obligated to have the room which the customer has reserved ready and to perform the agreed services.

2. The customer is obligated to pay for the use of the room and other requested services according to the prices agreed by the hotel. This applies also to services and expenses that the hotel has incurred on behalf of  the customer.

3. The contracted prices include the applicable legal value added tax. If the time period between the signing and fulfilling of the contract exceeds 4 months and if the price then exceeds the price generally calculated by the hotel for such services, the agreed price in the contract can then be raised by a maximum of 10%.

4. The prices can furthermore be changed by the hotel if the customer subsequently requests a change in the number of rooms booked, the services required of the hotel or the length of stay and the hotel agrees to effect such change.
Hotel invoices without a specified payment due date must be paid within 10 days of the date of billing without any deductions made. The hotel is entitled to call due any and all accrued claims at any time and demand immediate payment. In case of default, the hotel is entitled to charge interest at a rate of 5% above the current basic interest rate in accord with Art. 1 of the Discount Rate Derivation Law and/or the corresponding subsequent interest rate of the European Central Bank. The client reserves the right to prove that a lower interest rate prevails; the hotel reserves the right to prove that a higher interest rate prevails.

5. Upon conclusion of the contract or thereafter, the hotel is entitled to require an appropriate deposit or security payment which takes into consideration the legal regulations for package tours. The amount of this deposit and the due dates for payment can be agreed in writing in the contract.

6. The customer can reduce the claims of the hotel or assert set-off compensation charges only with an undisputed or legally binding claim.

Customer Cancellations

1. A customer withdrawal from the contract which has been concluded with the hotel must be approved in writing by the hotel. Without such written approval, the contractually agreed price must be paid even if the customer does not use the services contracted. This does not apply in cases if the hotel defaults on services or if services which lie within the responsibility of the hotel cannot be supplied.

2. If a cancellation of the contract has been agreed upon in writing between hotel and customer, the customer can withdraw from the contract without incurring any claims of payment or compensation from the hotel. The customer’s right of withdrawal is forfeited if it has not been exercised by the date which has been agreed upon in writing with the hotel, insofar as no service default of the hotel or inability to supply a service within its purview of responsibility exists.

3. If a customer does not use the room(s), the hotel must set off both the costs of its rental to other parties as well as the costs which have been saved.

4. The hotel is permitted to calculate an overall lump sum for losses which arise and which must be compensated by the customer. The customer is then obligated to pay 90% of the contractually agreed price for overnights with or without breakfast. The customer is permitted to supply proof that no losses have been incurred or that the hotel’s losses were lower than the overall lump sum which was claimed.

Hotel Withdrawal

1. If the customer’s right of withdrawal within a certain specified period has been agreed in writing, the hotel is entitled to withdraw from this contract within the same specified period if inquiries from other customers are made with regard to the contractually reserved rooms and if the customer, upon further inquiry by the hotel, does not waive the right to withdraw from the contract.

2. If the agreed deposit payment is not made, even after a period of additional respite set by the hotel,
and even after threat of forfeiture, the hotel is also entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to withdraw from the contract for objective reasons outside the bounds of the above, if for example,

- an act of nature beyond control or other circumstances for which the hotel is not responsible prevent the contract from fulfillment.
- rooms have been reserved under false premises or with incorrect information of significant import, e.g. with regard to the persons making the reservation or the purpose of the reservation.
- the hotel has reason to assume that the use of hotel services could endanger the smooth running business operations, the safety or the public reputation of the hotel without above dangers being attributable to the property or organizational areas of the hotel.
- there has been a violation of the above area of applicability outlined in paragraph 2.

5. The hotel must inform the customer without delay before exercising its right of withdrawal.

6. In case of the hotel’s justified withdrawal from the contract, no claims of compensation by the customer will be recognized.

Room preparation, room handover, room return

1. The customer has no claim to reserve a specific room.

2. Reserved rooms can be occupied by the customer as of 3:00 P.M. on the agreed day of arrival. The customer has no claim to occupy the room at an earlier time of day.

3. On the agreed day of departure, the rooms must be vacated by 12:00 noon at latest. After this time, the hotel can charge 50% of the room list price for the additional use of the room until 6:00 P.M., and after 6:00 P.M. 100% of the room list price can be charged. The customer is free to supply proof to the hotel that the hotel had no such loss, or a smaller loss.

Hotel Liability

1.The hotel is liable to the extent of careful diligence of a qualified business. In non-typical areas of performance, however, this liability is limited to shortcomings, damages, later damages or disturbances which can be attributed to intent or gross negligence on the part of the hotel. If disturbances or shortcomings of the hotel occur, the hotel must make every effort to provide a remedy upon being informed by the customer or in case of customer complaint. The customer is obligated to make any and all reasonable contributions to this remedy in order to relieve the disturbance and keep any possible damage to a minimum.

2. For articles brought into the hotel by customers, the hotel is liable in accordance with legal regulations for the sum of one hundred times the price of the room, or EUR 3,060.00 at most, as well as for money and articles of value up to EUR 760.00. Money and valuables up to a maximum value of EUR (insured amount) can be deposited and stored in the hotel safe or the room safe. The hotel advises customers to make use of this facility. All claims of liability are forfeited if the customer does not report loss, damage or destruction of said articles without delay to the hotel (Art. 703 of National Laws)

3. For the unlimited liability of the hotel, legal regulations are applicable.

4. If the customer is allotted a parking space in the hotel garage or in the hotel parking lot, including if payment is charged for such a parking space, no contract of custodianship is entered upon. In case a customer’s vehicle is lost or damaged while parked or moving about on hotel property, the hotel is not liable for the vehicle or its contents except in cases of intent or gross negligence. This non-liablity also applies to the hotel assistants.

5. Wake-up requests are carried out with painstaking care by the hotel. Claims for damages, except in cases of gross negligence or intent, are ruled out.

6. Messages, mail and delivered packages for guests are treated with all due care. The hotel receives delivery, holds and – upon request – will send on such missives for a charge. Claims for damages, except in cases of gross negligence or intent, are ruled out.

Final points

1. Alterations or supplements to the contract, to the receipt of application or to the above-mentioned business terms as regards accommodations in the hotel must be made in writing. One-sided changes or supplements on the part of the customer are invalid and inoperative.

2. Place of performance and place of payment are the hotel.

3. Hotel premises are the only legal venue, including for payment/check disputes. If a contractual partner fulfills the terms of Art. 38, sec. 1 of the civil laws and trial regulations and has no general legal venue in this country, the premises of the hotel will serve as the legal venue.

4. The laws of Germany are applicable.

5. If individual regulations of these general business terms for accommodation in the hotel are null and void or invalid, the validity and effectiveness of the other regulations and terms are unaffected. Beyond this, the legal directives apply.