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.
GENERAL TERMS AND CONDITIONS FOR HOTEL ACCOMMODATION CONTRACTS
I. SCOPE OF APPLICABILITY
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.
2. It is not allowed that the rooms provided are to be sublet or rented to a third party, especially for a higher price, or used for other than lodging purposes, whereby section 540, para. 1, sentence 2 German Civil Code (BGB) is waived insofar as the customer is not a consumer. A.B. Hotel will cancel the booking in such cases.
II. CONCLUSION OF CONTRACT, PARTIES, STATUTE OF LIMITATIONS
1. Each reservation presumes the acceptance of our Terms and Conditions. The customer confirms that he has read and accepted our Terms and Conditions. Those are valid in the whole period during which A.B. Hotel GmbH supplies performance to the customer. The customer’s general terms and conditions shall apply only if these are previously expressly agreed.
2. 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.
3. 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.
III. SERVICES, PRICES, PAYMENT, SET-OFF
1. The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.
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. Only the prices given in written form for the given period are valid.
3. The price for the stay that the guest has to pay is the equivalent for the fact that A.B. Hotel provides the room within the check-in and check-out times. For each stay the hotel calculates the full price of an overnight stay – it does not matter if the room has been used or the guest has stayed overnight or not.
4. 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 fulfilment of the contract.
5. The prices for the stay as well as the prices for all other services provided by the hotel have to be paid in latest case at the check-in in advance. If the guest does not know how long he will stay, the prices and all additional fees have paid in latest case at 18:00 in the evening before the check-out for the next night in advance. If the payment is not effected at time, the hotel accommodation contract ends and the guest has to leave the room.
6. Payment can be effected in cash, by cash-card, Maestro-Card and the following credit cards: Visa, MasterCard, American Express, Diners Club. Payment by invoice is only and exceptionally possible with written allowance by A.B. Hotel and in advance. 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.
7. 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.
8. 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. III.6 or an increase of the advance payment or a security agreed in the contract up to the total agreed remuneration.
9. 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 above- mentioned No. III.6 for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned No. III.6 and/or No. III.7.
10. 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.
11. If there are any banking charges, they have to be paid by the customer.
12. If the customer requires a copy of an invoice older than 2 months, the hotel will charge a processing fee.
IV. WITHDRAWAL OF THE CUSTOMER (CANCELLATION, ANNULMENT)/ FAILURE TO USE HOTEL SERVICES (NO SHOW)
1. The reservation of one room at times that are no trade fair or event times is free until one day before the check-in at 18:00 local time of the hotel. The cancellation of single nights from a reservation or of more rooms is only possible exceptionally and for the payment of a cancellation fee. The fee for cancellation is 90% of the agreed price.
2. In case of no show (a reservation that has not been cancelled in written form, not present customer) the hotel will charge the total amount of the booking. If the booking has been secured by a credit card, the hotel will charge the credit card with the full amount of the booking.
3. Reservations at trade fair or event times as well as group reservations for more than 5 rooms are accepted only if the customer pays in advance or gives credit card guarantee. This must have been effected latest until 4 weeks before arrival, or, if the reservation has been done later than 4 weeks before arrival, immediately. If this does not happen, the hotel has the right to give the rooms without any information in advance to another customer and the guest has no right to raise claims against the hotel. This reservations can only be cancelled or changed until 4 weeks before the day of the check-in. Later changes or cancellations are only possible exceptionally and for the payment of a cancellation fee of 90% of the agreed price. For this reservations are also valid the additional deadlines and agreements agreed to in this contracts. For group reservations of 11 rooms or more the deadlines for guarantees, payment and cancellation will increase. Here, the deadlines and other agreements agreed to in this contracts apply.
4. To contingent reservations apply the cancellation deadlines and other agreements agreed to in this contracts.
V. WITHDRAWAL OF THE HOTEL
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.
2. If an agreed advance payment or an advance payment or a security demanded pursuant to No. III.6 and/or No. III.7 is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.
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 above-mentioned No. I.2.
4. The justified withdrawal by the hotel constitutes no claims for damages for the
VI. ROOM AVAILABILITY, DELIVERY AND RETURN
1. The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed.
2. Law requires that the guest fills in a registration form at the arrival. Therefore we ask the customer to show his identity card.
3. If there is no other written agreement on a later chek-in, the room can be given at 18:00 to another guest.
4. 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 the full accommodation rate (list price) for the additional use of the room Contractual claims of the customer shall not be established hereby.
VII. LIABILITY OF THE HOTEL
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. VII.
2. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection 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.
3 Messages, mail, and merchandise deliveries for guests shall be handled with care.The hotel will deliver, hold, and, for a fee, forward such items (on request). The hotel only assumes liability according to the preceding No. VII, sentences 1 to 4.
VIII. FINAL PROVISIONS
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.
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 Erlangen, Germany. Insofar as a contracting party fulfills the requirements of section 38, para. 2 of the German Code of Civil Procedure (ZPO) and does not have a place of general jurisdiction within the country, the courts at Erlangen, Germany shall have exclusive jurisdiction.
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.
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. Otherwise the legal prescriptions are valid.