General Terms and Conditions
Valid from the 19th of April 2012
- These Standard Terms of Business apply to contracts for the rental of hotel rooms, hotel conference, banqueting and function rooms as well as for all other related services and supplies by the hotel.
- The customer's Standard terms shall only apply when this has been expressly agreed in writing.
II. Conclusion and content of the contract
- Offers from the hotel are always non-binding. The contract comes into being through the acceptance of the hotel. The hotel shall be free as to whether it confirms the booking in writing.
- The subletting of the hotel rooms, function rooms, surfaces or showcases as well as the use of the rented premises and areas for job interviews, sales and similar functions is generally not permitted and requires the prior written consent of the hotel. By Political events the management has to be informed by booking.
- The customer shall have no right to the availability of particular rooms. Unless otherwise agreed, the hotel rooms are to be occupied not earlier than 14:00hrs on the day of arrival (check-in time). The customer shall have no right to an earlier availability time. On the agreed day of departure, the hotel rooms are to be vacated not later than 11:00hrs (check-out time). Thereafter by reason of the delayed vacating of the room, the hotel may charge 50% of the full accommodation price (list price) for such longer use up until 18:00hrs, after 18:00hrs 100%. No contractual rights of the customer shall be created thereby. The customer shall be free to evidence that the hotel has incurred no or a significantly lower claim for compensation of use.
- The arrival of the reserved rooms must be until 18:00hrs. Otherwise the hotel can decree of the room. Exempted are: prepaid reservations, credit card details of one of the hotel accepted credit cards.
- It is generally not permitted to bring food, drink, flowers or furnishings to functions. Exceptions require a written agreement with the hotel department. In such cases, a corkage fee and/or other charges plus a service charge to cover the general costs shall be invoiced.
- The use of the hotel facilities is permitted only during the relevant open hours. The current opening hours are displayed at the entrance of the relevant hotel facility. The hotel reserves the right to change the opening hours or to close facilities in whole or in part, in particular due to renovation works or hotel functions or when their use is not possible or restricted for other reasons.
III. Prices, payments
- The customer is obliged to pay the hotel's applicable or agreed prices for the accommodation and/or functions as well as for other Services which are used. This also applies to Services provided and expenses incurred by the hotel to third parties on the customer's instructions. For Services provided after 24:00hrs, the hotel is entitled to impose a night surcharge for each hour or part of an hour in which employees are held available.
- The agreed prices include the current statutory Value Added Tax, except where a different agreement has been reached. The local tax is not included in the room rate or package rate. If the period between the conclusion and the fulfilment of the Contract exceeds four months and the prices generally charged by the hotel for such Services or the statutory Value Added Tax increase, then the hotel may raise the agreed prices by a reasonable amount, however, not more than 10%.
- Invoices shall be issued in EURO.
- Invoices from the hotel shall be paid directly without deduction of pay. Where payment is delayed, the hotel is entitled to charge interest at the rate of 10% p.a. The customer remains entitled to evidence a lower, the hotel a higher loss.
- The hotel is entitled at any time to demand a reasonable payment in advance. Except where the amount of the advance payment and the due dates for payment have been otherwise agreed in writing in the contract, the following advance payments are agreed:
- Area of accommodation (room & breakfast) for individual guests or corporate clients: Advance payment (50% of the total amount) is necessary for guarantee of booking. Instead of that you may give us all details about your valid credit card and we will debit the amount.
- Area of accommodation (room & breakfast) for tourist groups of 15 persons and conference guests/Incentive of 10 persons:
30% deposit when signing the contract as guarantee, plus 60% advance payment 60 days prior to arrival of the group
Remaining amount of 10% by departure at the hotel
- For functions (room rental, general charges, flat rate for beverages and conference charges) for Orders of at least € 2.500,00 in value
30% deposit upon conclusion of the contract as guarantee, plus 60% advance payment 60 days before the start of the function,
Remaining amount of 10% by departure at the hotel
- A pledge is created by the deposit of all items of any type brought in by the customer in respect of all Claims, which are connected with the relevant contract.
- Complains concerning the billings have to be communicated to the hotel immediately after arising.
- The hotel has to be notified about the requested billing mode (addressee) when signing contracts or immediately upon completion of Services.
IV. The Hotel's right to withdraw
- If an agreed advance payment is not made even after the expiry of a reasonable deadline set by the hotel, the hotel shall be entitled to withdraw from the contract.
- The hotel is also entitled to withdraw from the contract for objectively justified reasons, for example if - force majeure or other circumstances for which the hotel is not responsible make the fulfilment of the contract impossible, accommodation or functions were booked under misleading or incorrect statements of material facts, e.g. the customer or the purpose of use, the hotel has justified cause to assume that the accommodation and/or function may endanger the smooth business operations, the safety or the reputation of the hotel in public, without this being attributable to the management or Organisation of the hotel or there is a breach of the above clause II.2.
- The hotel must notify the customer without delay of the exercise of the right to withdraw.
- If the hotel is entitled to withdraw, then the customer shall not be entitled to damages. Any claims under clause IX shall remain unaffected.
V. Cancellation by the customer
- Cancellations must be made in writing.
- For accommodation, the following applies to a cancellation by the customer:
- In case of cancellation 7 days prior the arrival date the guest is obliged to pay 80% of the agreed room rate for each room and booked night. In case that the client depart earlier as reserved, the client is obligated to pay the whole stay or he proves that the hotel has desist the subletting.
- For group bookings of at least 20 rooms up to 60 calendar days before arrival of the group, 50% of the booked or remaining room nights may be reduced free of charge.
- Where an allocation of rooms has been reserved on call, clause V.2. shall apply accordingly to the cancellation of rooms after booking. If guests book individual rooms directly, the customer remains liable until the full allocation of rooms has been booked.
- A change of the contractual extent through later arrival or early departure shall also be deemed to be a cancellation for the purposes of the above provisions.
- The customer remains entitled to evidence a lower loss, the hotel a higher one.
If no estimated room rental for the function was given, the current room rental prices for this period shall apply.
If a conference package per participant was agreed, the Hotel is entitled to charge 10% of the agreed amount up to 60 calendar days.
The cancellation until 60 calendar days before the date of event is free of charge.
VI. Changes to the number of participants and function times
- A change to the number of participants by more than 5% must be notified to the hotel management at least 10 working days before the start of the function.
- In the event of a higher number, the actual number of participants will be charged.
- If the agreed start and end times of the function are changed without the prior written approval of the hotel, the hotel may invoice additional costs for holding the Services ready.
- The hotel may allocate different function rooms to the customer from those originally booked, when this is not unreasonable for the customer, in particular when urgent maintenance works have to be carried out or the originally booked rooms are otherwise required and the alternative rooms allocated are comparable to those originally booked in capacity and facilities, or are at least suitable in the same way for the function planned by the customer. The hotel shall notify the customer without delay of any change of the function rooms.
VII. Technical facilities and connections
- Extent the hotel for the contractor on his own initiative technique equipment or other facilities and services of third parties, acting in the name, with the authority and on behalf of the client. The customer is responsible for the careful handling and proper return. He release the hotel in all claims of the third party arising from the provision of these facilities free.
- The use of the customer’s own electrical equipment using the hotel’s electricity requires its written approval. The hotel is entitled to invoice a fixed usage fee for this. The customer shall be liable for disruptions or damage to the technical facilities of the hotel occurring through the use of his equipment, to the extent this does not fall within the hotel’s area of responsibility.
- If suitable equipment from the hotel remains unused through the connection of the customer’s own equipment, the hotel is entitled to invoice a shortfall fee.
VIII. Liability of the hotel
- Claims for damages for any legal reason whatsoever are excluded, unless the hotel has acted with intent or is responsible for its own gross negligence or gross negligence of its statutory representatives or senior executives as well as its other agents or where the claim for damages results from the breach of material contractual obligations. A liability hereunder is in all cases of mere negligence limited in amount to the foreseeable typical contractual loss. The liability for damages from injury to life, personal injury or health shall remain unaffected.
- Where the customer is a guest with accommodation, the hotel shall be liable for items brought in under Clause 701 ff BGB. Thereunder, the liability at most € 2,500.00 or € 800,00 for money and valuables items.
- The Hotel shall be liable pursuant to paragraph 1 for any damage to vehicles of the customer which has been parked in a hotel parking, when such damage is the responsibility of the hotel, its employees or agents. The customer shall be obliged to notify such damage without delay, obvious damage at the latest before leaving the hotel parking lot. The hotel shall not be liable for damage which is solely caused by other customers / tenants, or third parties. The hotel shall not be liable towards the customer for looses to the belongings of third parties which are caused by the customer's vehicle. Liability for death, personal injury or damage to health as well as liability for intent and gross negligence of the hotel shall remain unaffected.
IX. Liability of the Customer
- The customer shall be liable for damage to buildings and/or inventory, which are cause by himself, his family members or guests, participants or visitors to functions, employees or other third parties from his sphere under the statutory provisions. It shall be for the customer to obtain sufficient insurance for such types of liability. The hotel is entitled to demand evidence of a corresponding insurance.
X. Final Provisions
- Amendments or additions to this contract, including to this written form requirement, must be made in writing.
- Place of fulfillment and payment is the registered offices of the hotel.
- Exclusive place of jurisdiction in commercial transactions, including for cheque and bills of exchange disputes, is the registered offices of the hotel. If the customer has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered offices of the hotel.
- German law applies.
- Should individual terms of these terms of business be invalid or void, this shall not thereby affect the validity of the remaining terms. The same applies to gaps in the contract. Apart from this, the statutory provisions shall apply.