GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
1 SCOPE
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
1.2 The subletting or re-letting of the rooms provided and 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 if the customer is not a consumer within the meaning of § 13 BGB.
1.3 The customer's general terms and conditions only apply if this has been expressly agreed in writing beforehand.
1.4 In order to ensure compliance with officially required corona or to guarantee other pandemic measures, the contractually agreed services can be unilaterally changed by the hotel at any time to protect all hotel guests and employees. These include, in particular, regulations on wearing protective clothing in public areas, changes to the food and drink offerings, changes to meal times, changes and, if applicable, cancellation of the range of childcare and entertainment services, changes to other offers, restriction or ban on use of the hotel infrastructure, such as indoor swimming pool, sauna landscape, fitness room, sports hall or playrooms.
Unilateral changes to the agreed service by the hotel have NO influence on the price agreed in the booking confirmation. The changes to the agreed service must be comprehensible for the guest in direct connection with the officially required corona or other pandemic measures such as the distance requirement.
These measures can and will change in the course of a Corona or. other pandemic crisis change.
2 CONCLUSION OF CONTRACT, PARTNERS, STATUTE OF LIMITATIONS
2.1 The contractual partners are the hotel and the customer. The contract is formed when the hotel accepts the customer's application. The hotel is free to confirm the room booking in text form. Contracts with customers who have their usual place of residence or registered office outside of member states of the European Union are subject to the condition subsequent that a deposit of 70% of the invoice amount has been received in the hotel's account up to 30 days before the start of the service.
2.2 The contractual partners are the hotel and the customer. If a third party has ordered for the customer, he is jointly and severally liable to the customer for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.
2.3 All claims against the hotel generally become time-barred one year from the beginning of the knowledge-dependent regular limitation period of Section 199, Paragraph 1 of the German Civil Code. Claims for damages become statute-barred after five years, regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
2.4 We recommend taking out travel cancellation insurance.
3 SERVICES, PRICES, PAYMENT, OFFSET
3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for rooms provided and for other services used. This also applies to services commissioned 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 duties applicable at the time the contract is concluded. Not included are local taxes, which are owed by the guest himself according to the respective municipal law, such as visitor's tax. In the event of a change in the statutory sales tax or the introduction, change or abolition of local taxes on the service object after the conclusion of the contract, the prices will be adjusted accordingly. If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel can increase the contractually agreed price appropriately, but by no more than 5%.
3.4 The hotel can also change the prices if the customer subsequently requests changes to the number of booked rooms, the booked persons, the hotel's services or the length of stay of the guests and the hotel agrees to this.The hotel can also change the prices if the customer subsequently requests changes to the number of booked rooms, the booked persons, the hotel's services or the length of stay of the guests and the hotel agrees to this.
3.5 Hotel invoices without a due date must be paid at the latest upon departure without any deductions. The hotel is entitled to make accrued claims due at any time and to demand immediate payment. In the event of default of payment, the hotel is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, of 5% above the base interest rate. The hotel reserves the right to prove higher damage.
3.6 The hotel is entitled to demand a reasonable advance payment or security, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. The statutory provisions remain unaffected in the case of advance payments or security deposits
3.7 In justified cases, e.g. the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled to demand an advance payment or security deposit in the sense of Section 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full to demand the agreed remuneration.
3.8 The hotel is also entitled to demand a reasonable advance payment or security deposit within the meaning of Section 3.6 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such has not already been provided in accordance with Section 3.6 and/or Section 3.7 above was done.
3.9 The customer can only offset or set off against a claim of the hotel with an undisputed or legally binding claim. The hotel will not make any price reductions due to pandemic reasons, despite any reduced services.
3.10 The customer agrees that the invoice can be sent to him electronically.
4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION) / FAILURE TO USE HOTEL SERVICES (NO SHOW)
4.1 The customer has the right to withdraw from the contract concluded with the hotel up to 24:00 hrs on the 30th day before the day of arrival, without triggering any payment or damage claims by the hotel. The prerequisite for this is that the declaration of withdrawal is received by the hotel in writing by 24:00 on the 30th day before the day of arrival. Exception in the case of an early bird discount: However, the customer is not entitled to this right for contracts that have been agreed with a fee that has been designated as an "early bird discount".
4.2 Cancellation by the customer of the contract concluded with the hotel closer to the day of arrival (after the 30th day, 24:00 hours before the day of arrival) requires the consent of the hotel in text form. If this does not take place, the agreed price from the contract must be paid even if the customer does not make use of the contractual services.
4.3 If an appointment for free cancellation of the contract has been agreed in text form between the hotel and the customer, the customer can cancel the contract up to that point without triggering payment or damage claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal to the hotel in text form by the agreed date.
4.4 In the case of rooms not used by the customer, the hotel must offset the income from renting these rooms to other parties as well as the expenses saved. If the rooms are not rented out elsewhere, the hotel can demand the contractually agreed remuneration and make a flat-rate deduction for saved expenses of the hotel. In this case, the customer is obliged to pay at least 70% for the all-inclusive offer. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
4.5 The customer can only withdraw from the contract concluded with the hotel 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.
4.6 If an appointment for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract up to that point without triggering payment or damage claims by the hotel.
4.7 The cancellation policy will be changed as follows during the Corona crisis:
For the period from November 1st, 2020 to June 30th, 2022, a free cancellation of the family trip is possible up to 7 days before arrival.
5 WITHDRAWAL OF THE HOTEL
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer responds to the hotel’s query not waive his right to withdraw after setting a reasonable deadline. This applies accordingly if an option is granted if there are other inquiries and the customer is not ready to make a firm booking after the hotel has asked for a reasonable deadline.
5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and/or Section 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, particularly if
force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
rooms or rooms are culpably booked with misleading or false information or with the concealment of essential facts; The identity of the customer, the ability to pay or the purpose of the stay can be essential.
the hotel has justified reason to believe that the use of the service may jeopardize the smooth running of business, the security or the reputation of the hotel in public, without this being attributable to the hotel's area of control or organization;
the purpose or reason for the stay is unlawful;
there is a violation of the above-mentioned number 1.2.
5.4 The hotel's justified withdrawal does not justify any claims by the customer for damages.
5.5 In the case of online bookings, the hotel has the right to withdraw from this booking within 24 hours of receipt of the booking.
5.6 Furthermore, Hotel Engel, Alfred Boch e.K. entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, e.g
- A traveler shows signs of an infectious disease.
- A travel participant the corona protection measures of the Hotel Engel, Alfred Boch e.K. does not comply.
6 PAYMENT - PREPAYMENT
6.1 Advance payment of 100% of the agreed price can be requested for the reservation.
6.2 If advance payments requested by the hotel are not made by the requested date, this immediately releases the hotelier from any agreements made.
7 ROOM AVAILABILITY, DELIVERY AND RETURN
7.1 The customer does not acquire the right to be provided specific rooms unless this has been expressly agreed in writing.
7.2 Booked rooms are available to the customer from 4:00 p.m. on the agreed arrival date. The customer has no right to earlier availability.
7.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10:00 a.m. at the latest. After that, the hotel can charge 50% of the full arrangement price (price according to the price list) due to the delayed vacating of the room for its contractual use up to 4:00 p.m., from 4:00 p.m. 100%. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim for usage fees.
8 HOTEL LIABILITY
8.1 The hotel is liable for damage to life, limb or health for which it is responsible. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of contractual obligations on the part of 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 regulated in this clause 8. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
8.2 The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends using the hotel or room safe. If the customer wishes to bring 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 safekeeping agreement with the hotel.
8.3 If the customer is provided with a parking space in the hotel garage or in the hotel car park, even for a fee, this does not result in a custody agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with the above clause 8.1, sentences 1 to 4.
8.4 Wake-up calls are carried out by the hotel with the utmost care.
Messages for customers are treated with care. After prior agreement with the customer, the hotel can take over the acceptance, storage and - on request - the forwarding of mail and goods consignments for a fee. The hotel is only liable in accordance with the above clause 8.1, sentences 1 to 4.
9 FINAL PROVISIONS
9.1 Changes or additions to the contract, the acceptance of applications or these General Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
9.2 The place of performance and payment is the hotel's registered office.
9.3 The exclusive place of jurisdiction - also for disputes over checks and bills of exchange - is the hotel's registered office in commercial transactions. If a contractual partner meets the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the hotel's registered office.
9.4 German law applies. The application of the UN sales law and the conflict of laws is excluded.
9.5 Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
10 VIDEO SURVEILLANCE
10.1 For your own safety, the public areas of the Hotel Engel are under video surveillance.
In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes ("OS platform"): http://ec.europa.eu/consumers/odr/
However, the hotel does not participate in dispute settlement procedures before consumer arbitration boards.
