General terms and conditions for the hotel accommodation contract
GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT NORDENHOLZER HOFHOTEL GMBH
1.1 These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging 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 Agreement” shall include and replace the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
1.2 The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer within the meaning of § 13 BGB.
1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in text form in advance.
1.4 The GTC are based on the following further definitions:
- In the following, “consumer” shall mean all natural persons who conclude legal transactions for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
- “Entrepreneurs”, in contrast, are natural or legal persons or partnerships with legal capacity who, when entering into a legal transaction, act in the exercise of their commercial or independent professional activity.
- “Website” means the Internet presences of Nordenholzer Hofhotel GmbH, no matter under which country ending or via which terminal (e.g. PC, cell phone) the guest accesses them.
- “Contracting Parties” means the persons involved in the Accommodation Agreement, i.e. the Guest and Nordenholzer Hofhotel GmbH.
- “Cancellation” means the declaration of withdrawal from the contract before the agreed or scheduled check-in.
- “Text form” means a legible declaration in which the person making the declaration is named, made on a durable medium, e.g. an e-mail or a fax. A durable medium is any medium that enables the recipient to retain or store a declaration on the medium that is addressed to him or her personally in such a way that it is accessible to him or her for a period of time that is reasonable for its purpose and is suitable for reproducing the declaration unchanged, e.g. a printout or a PDF attachment to an e-mail.
- “Without delay” means without culpable hesitation.
2 CONCLUSION OF THE CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD
2.1 Contractual partners are the hotel and the customer. The contract is concluded by the acceptance of the customer’s application by the hotel. The hotel is free to confirm the room booking 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 obliged to keep the rooms booked by the customer ready and to provide the agreed services.
3.2 The customer is obligated to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by him. 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 shall 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 only applies 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 a reasonable increase in the price for the rooms and/or for the hotel’s other services.
3.5 Invoices of the hotel are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment shall be made within ten days of receipt of the invoice without deduction, unless otherwise agreed.
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 may be agreed in the contract in text form. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. In the event of default in 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 the above section 3.6 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.8 Furthermore, the hotel is entitled to demand from the customer a reasonable advance payment or security deposit within the meaning of clause 3.6 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such a payment has not already been made in accordance with clause 3.6 and/or clause 3.7 above.
3.9 The customer may only set off or offset an undisputed or legally binding claim against a claim of the hotel.
3.10 The Customer agrees that the invoice may be sent to him electronically.
4 WITHDRAWAL OF THE CUSTOMER
(CANCELLATION)/ NON-UTILIZATION OF THE HOTEL’S SERVICES (NO SHOW)
4.1 Withdrawal by the customer from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract.
4.2 If a date for withdrawal from the contract free of charge has been agreed between the hotel and the customer, the customer may withdraw from the contract until then without triggering payment or damage compensation claims by the hotel.
4.3 If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and 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 has to take into account the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not otherwise rented out, the hotel may make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast as well as for package arrangements with external services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.
5 CANCELLATION OF THE HOTEL
5.1 If it was agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled for its part to withdraw from the contract during 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 inquiry by the hotel with a reasonable deadline. This applies accordingly to the granting of an option if other inquiries exist and the customer is not prepared to make a firm booking upon inquiry by the hotel with a reasonable deadline.
5.2 If an advance payment or security deposit agreed or demanded 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 rescind the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for an objectively justified reason, in particular if
- force majeure or other circumstances beyond the control of the hotel make it impossible to fulfill the contract;
- rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material may be the identity of the customer, the ability to pay 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 safety 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 above-mentioned clause 1.2.
5.4 The justified withdrawal of the hotel does not entitle the customer to compensation.
6 ROOM PROVISION, HANDOVER AND RETURN
6.1 The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed in text form.
6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no right to earlier provision.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, due to the late vacating of the room, the hotel may charge 50% of the full accommodation price (price according to the price list) for its use in excess of the contract until 6:00 pm, and 90% after 6:00 pm. Contractual claims of the customer are not justified by this. He is at liberty to prove that the hotel has not incurred any or a significantly lower claim for compensation for use.
7 LIABILITY OF THE HOTEL
7.1 The Hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. 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. Typical contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on the fulfillment of which 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 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 the situation if it becomes aware of them or if the customer complains about them without delay. The customer is obligated to contribute what he can reasonably be expected to do 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 in in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer 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 motor vehicles parked or maneuvered on the hotel’s 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 orders are executed by the hotel with the utmost care.
Messages for customers are handled with care. The hotel can, after prior agreement with the customer, take over the acceptance, storage and – on request – against payment the forwarding of mail and merchandise shipments. The hotel shall only be liable in this respect in accordance with the above section 7.1, sentences 1 to 4.
8 FINAL PROVISIONS
8.1 Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or incorrect, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
8.2 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions are invalid.
8.3 The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes regarding checks and bills of exchange – shall be the registered office of Nordenholzer Hofhotel GmbH in commercial transactions. If the customer fulfills the prerequisite of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of Nordenholzer Hofhotel GmbH.
8.4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
8.5 In accordance with the legal obligation, the Hotel points out that the European Union has established an online platform for the out-of-court settlement of consumer disputes (“ODR Platform”): http://ec.europa.eu/consumers/odr/
The hotel undertakes to participate. Further reference on the OS platform, cf. Art. 14 para. 2 ODR Regulation. Nordenholzer Hofhotel GmbH can be reached via email at firstname.lastname@example.org.
Status: February 2022, Hude