The German version of our Terms & Conditions takes precedence
over
the English version. In case of doubt, the German version shall be taken
as reference.
1 SCOPE OF APPLICABILITY
1.1 These terms and conditions
govern contracts for the rental use of hotel rooms for lodging purposes, as well
as all other goods and services rendered by the hotel to the customer in this
context (Hotel Accommodation Contract).
The term “Hotel Accommodation contract” comprises and replaces the following
terms: accommodation, lodging, hotel, hotel room contract.
1.2
The hotel’s prior consent in written form is required if rooms provided are to
be sublet or rented to a third party, or used for other than lodging purposes,
whereby paragraph 540, section 1, sentence 2 German Civil Code (BGB) is waived
insofar as the customer is not a consumer.
1.3 The customer’s
general terms and conditions shall apply only if these are previously expressly
agreed.
2 CONCLUSION OF CONTRACT, PARTIES, STATUTE OF
LIMITATIONS
2.1 The hotel and the customer are the
contracting parties. The contract shall come into force upon the hotel’s
acceptance of the customer’s offer. At its discretion, the hotel may confirm the
room reservation in written form.
2.2 Any claims against the
hotel shall generally be time-barred one year after the commencement of the
general statute of limitations period. Damage claims shall be time-barred after
five years, dependent on knowledge thereof, insofar as they are not based on
claims arising out of harm inflicted on life, limb, physical health or liberty.
These damage claims shall be time-barred after ten years, independent of
knowledge thereof. The reduction of the statute of limitation periods shall not
apply to claims which are based on an intentional or grossly negligent
breach of obligation by the hotel.
3 SERVICES, PRICES, PAYMENT,
SET-OFF
3.1 The hotel is obligated to keep the rooms reserved
by the customer available and to render the agreed services.
3.2
The customer is obligated to pay the agreed or applicable hotel prices for rooms
provided and for other services accepted. This also applies to services ordered
by the customer directly or via the hotel, which a third party provides and the
hotel disburses.
3.3 The agreed prices include all taxes and
local taxes in effect at the time of the conclusion of contract. If the
statutory value added tax is changed or if local taxes concerning the rooms and
services are newly introduced, changed or abolished after these have been
contractually agreed upon, the prices will be adjusted. This only applies to
contracts concluded with consumers, if four months have passed between the
conclusion and fulfillment of the contract.
3.4 The hotel can
make its consent to the customer’s later request for a reduction of the number
of reserved rooms, services of the hotel or the customer’s length of stay
dependent on the increase of the price for the rooms and/or for the other
services.
3.5 Hotel invoices not stating a due date are payable
without deduction and due within ten days of receipt of the invoice. The hotel
can demand immediate payment of due debt from the customer. With default of
payment, the hotel shall be entitled to demand the respectively applicable
statutory default interest in the amount of currently 8 % or, with legal
transactions with a consumer, in the amount of 5 % above the base interest rate.
The hotel reserves the right to prove greater damage.
3.6 The
hotel is entitled to require a reasonable advance payment or a security, such as
a credit card guarantee, from the customer upon conclusion of the contract. The
amount of the advance payment and payment dates may be agreed in written form in
the contract. The statutory provisions shall remain unaffected with advance
payments or a security for package tours.
3.7 In justified cases,
e.g. the customer’s default in payment or expansion of the scope of the contract,
the hotel shall be entitled, also after the conclusion of the contract up to the
commencement of the stay, to demand an advance payment or a security within the
meaning of the above-mentioned
No. 3.6 or an increase of the advance payment or a security agreed in the
contract up to the total agreed remuneration.
3.8 Furthermore,
the hotel shall be entitled, at the commencement and during the customer’s stay,
to demand a reasonable advance payment or security deposit within the meaning of
the abovementioned
No. 3.6 for existing and future accounts receivable from the contract, insofar
as such has not already been paid pursuant to the above-mentioned No. 3.6 and/or
No. 3.7.
3.9 The customer may only set-off, reduce or clear a
claim by the hotel with a claim which is undisputed or decided with final, res
judicata effect.
4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION,
ANNULMENT)/FAILURE TO USE HOTEL SERVICES (NO SHOW)
4.1 The
customer can only withdraw from the contract concluded with the hotel, if a
right of withdrawal was explicitly agreed upon in the contract, another
statutory right of withdrawal exists or if the hotel gives its explicit consent
to the withdrawal. The contractual agreement of a right of withdrawal as well as
the consent to withdrawal from the contract must respectively to occur in
written form.
4.2 Insofar as the hotel and customer have agreed
upon a date for a costfree withdrawal from the contract, the customer may
withdraw from the contract up to that date without incurring payment or damage
compensation 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 The hotel is entitled to the contractually
agreed rate even if the rooms are not used, if a contractual right of withdrawal
was not agreed or has expired, a statutory right of withdrawal or cancellation
is not given and the hotel does not give its consent to the cancellation of the
contract. The hotel must credit the income from renting the rooms to other
parties as well as for saved expenses. If the rooms are not rented otherwise,
the hotel can demand the contractually agreed rate and assess a lump sum for the
saved expenses of the hotel. In this case, the customer is obligated to pay at
least 90 % of the contractually agreed rate for lodging with or without
breakfast as well as all-inclusive arrangements with contracted services, 70 %
for half-board and 60 % for full-board arrangements. The customer is at liberty
to show that the abovementioned claim was or has not amounted to the demanded
sum.
5 WITHDRAWAL OF THE HOTEL
5.1 Insofar
as it was agreed that the customer can withdraw from the contract at no cost
within a certain period of time, the hotel is entitled for its part to withdraw
from the contract during this period of time if inquiries from other customers
regarding the contractually reserved rooms exist and the customer, upon inquiry
thereof by the hotel with a reasonable deadline set, does not waive his right of
withdrawal.
5.2 If an agreed advance payment or an advance
payment or a security demanded pursuant to No. 3.6 and/or No. 3.7 is not made
even after a reasonable grace period set by the hotel has expired, then the
hotel is likewise, without further written announcement, entitled to withdraw
from the contract.
5.3 Moreover, the hotel is entitled to effect
extraordinary withdrawal from the contract for a materially justifiable cause,
in particular if - force majeure or other circumstances beyond the hotel’s
control render the fulfillment of the contract impossible; - rooms or spaces are
reserved with culpably misleading or false information or concealment regarding
essential facts; the identity or solvency of the customer or the purpose of his
stay can constitute essential facts;
- the hotel has justified cause to believe that use of the hotel’s services
might jeopardize the smooth operation of the hotel, its security or public
reputation, without being attributable to the hotel’s sphere of control or
organization;
- the purpose or the cause of the stay is illegal; - there is a breach of the
abovementioned No. 1.2.
5.4 The justified withdrawal by the hotel
constitutes no claims for damages for the customer.
6 ROOM
AVAILABILITY, DELIVERY AND RETURN
6.1 The customer does not
acquire the right to be provided specific rooms insofar as this is not expressly
agreed.
6.2 Reserved rooms are available to the customer starting
at 5:00 p.m. on the agreed arrival date. The customer does not have the right to
earlier availability.
6.3 Rooms must be vacated and made
available to the hotel no later than 10:00 a.m. on the agreed departure
date. After that time, on the grounds of the delayed vacating of the room for
use exceeding the contractual time, the hotel may charge 50 % of the full
accommodation rate (list price) for the additional use of the room until 6:00
p.m. (after 6:00 p.m.: 100 %). Contractual claims of the customer shall not be
established hereby. The customer is at liberty to prove that the hotel has no or
a much lower claim for charges for use of the room.
7
LIABILITY OF THE HOTEL
7.1 The hotel is liable for harm
inflicted on life, limb and physical health. Further it is liable for other
damage caused with full intent or gross negligence or due to intentional or
grossly negligent violation of obligations typical for the contract. A breach of
obligation of the hotel is deemed to be the equivalent to a breach of a
statutory representative or vicarious agent. All other claims for damages are
excluded, if not determined differently in this No. 7. Should disruptions or
defects in the performance of the hotel occur, the hotel shall act to remedy
such upon knowledge thereof or uponobjection by the customer made without undue
delay. The customer shall be obliged to undertake actions reasonable for him to
eliminate the disruption and to keep any possible damage to a minimum.
7.2 The hotel is liable to the customer for property brought into the hotel in
accordance with the statutory provisions. It recommends the use of the hotel
safe. If the guest wishes to bring with him money, securities, stocks, bonds or
valuables with a value of more than 800 EUR or other things with a value of more
than 3500 EUR, a separate safekeeping agreement is necessary.
7.3
Insofar as a parking space is provided to the customer in the hotel garage or a
hotel parking lot, this does not constitute a safekeeping agreement, even if a
fee is exchanged. The hotel only assumes liability for loss of or damage to
motor vehicles parked or maneuvered on the hotel’s property and the contents
thereof only pursuant to the preceding No. 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the greatest possible
diligence. Messages, mail, and merchandise deliveries for guests shall be
handled with care.
8 FINAL PROVISIONS
8.1
Amendments and supplements to the contract, the acceptance of offers or these
general terms and conditions should be made in written form. Unilateral
amendments or supplements by the customer are invalid.
8.2 For
commercial transactions the place of performance and payment as well as, in the
event of litigation, including disputes for checks and bills of exchange, the
exclusive court of jurisdiction is at Amtsgericht Augsburg. Insofar as a
contracting party fulfills the requirements of paragraph 38, section 2 of the
German Code of Civil Procedure (ZPO) and does not have a place of general
jurisdiction within the country, the courts at the corporate headquarters of the
hotel shall have exclusive jurisdiction.
8.3 The contract is
governed by and shall be construed in accordance with German law. The
application of the UN Convention on the International Sale of Goods and Conflict
Law are precluded.
8.4 Should individual provisions of these
general terms and conditions be or become invalid or void, the validity of the
remaining provisions shall remain unaffected thereby. The statutory provisions
shall also be applicable.
Hotel Adler GmbH , Neuburger Straße 238 f, 86169 Augsburg
Tel. 0821/74050, Fax. 0821/706188
info@hotel-adler-augsburg.de, www.hotel-adler-augsburg.de
Stadtsparkasse Augsburg ▪ Konto 8109 226 90 ▪ BLZ 720 500 00
Sitz und Gerichtsstand ist Augsburg, HRA 19326
