GENERAL TERMS AND CONDITIONS FOR THE HOTEL CONTRACT 1 SCOPE 1.1 These terms and conditions apply to contracts for the leasing of hotel rooms for accomodation as well as all further services and deliveries of the hotel (hotel accomodation contract) provided in this connection for the customer. The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract. 2 CONCLUSION OF CONTRACT, PARTNER, LIMITATION 2.1 Contractual partners are the hotel and the customer. The contract is concluded by the acceptance of the customer's request by the hotel. The hotel is free to confirm the room reservation in text form. 2.2 All claims against the hotel expire in principle one year from the statutory limitation period. Compensation claims become statute-barred in five years, unless they are based on an injury to life, limb, health or freedom. These claims for damages become statute-barred in ten years.
3 SERVICES, PRICES, PAYMENT, BILLING 3.1 The hotel is obliged to keep the rooms reserved by the customer available and to render the agreed services. 3.2 The customer is obliged to pay the agreed or valid prices of the hotel for the room rental and the other services used by him. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and provided by the hotel. 3.3 The agreed prices include the taxes and local taxes applicable at the time of the conclusion of the contract. Not included are local taxes, which are owed by the guest according to the local law, such as visitor's tax. In the event of a change in the statutory sales tax or the new introduction, modification or abolition of local taxes on the subject matter after the conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between the conclusion of the contract and the performance of the contract exceeds four months. 3.4 The hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel's services or the length of stay of the customer depending on the price of the rooms and / or the hotel's other services being increased. 3.5 Invoices of the hotel without a due date are payable within ten days of receipt of the invoice without deduction. The hotel may demand the immediate payment of due claims from the customer at any time. In case of late payment, the hotel is entitled to the respectively valid statutory default interest. The hotel reserves the right to prove higher damages 3.6 The hotel is entitled to demand a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract.
3.8 The hotel is also entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay.
4 CANCELLATION OF THE CUSTOMER (CANCELLATION, CANCELLATION) / NO CLAIM OF THE SERVICES OF THE HOTEL (NO SHOW) 4.1 A withdrawal of the customer from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible agreement to a contract cancellation should be made in text form. 4.2 Insofar as an appointment for a free withdrawal from the contract has been agreed between the hotel and the customer, the customer may by then withdraw from the contract without triggering payment or damage claims of the hotel. The customer's right of withdrawal expires if he does not exercise his right to withdraw from the contract by the agreed date. 4.3 If a right of withdrawal has not been agreed or has already expired, 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 reserves the right to the agreed remuneration despite non-use of the service. The hotel has to take into account the income from other rental of the rooms as well as the saved expenses. If the rooms are not otherwise rented, the hotel may charge the deduction for expenses saved. In this case, the customer is obligated to pay at least 80% of the contractually agreed price for overnight accommodation without breakfast, as well as for lump-sum arrangements with third-party services, 70% for half-board and 60% for full-board arrangements.
6 ROOM PROVISION, DELIVERY AND RETURN 6.1 The customer acquires no claim to the provision of certain rooms, unless this has been expressly agreed. 6.2 Booked rooms are available to the customer from 17:00 on the agreed arrival day. The customer has no right to earlier availability. 6.3 On the agreed departure day, the rooms must be vacated at the hotel no later than 11:00. Thereafter, the hotel may charge 50% of the full room rate (list price) until 6:00 pm due to the delayed eviction of the room for its contractually agreed use, and from 18:00 o'clock 90%. Contractual claims of the customer are not justified by this. He is free to prove that the hotel has no or a much lower entitlement to user fees incurred.
7 LIABILITY OF THE HOTEL 7.1 The hotel is liable for any damage caused by injury to life, limb or health. 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 of the hotel. A breach of duty of the hotel is equal to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in this clause 7. In the event of any disruption or defect in the services provided by the hotel, the hotel will make every effort to remedy the situation, if the customer knows or is promptly notified. The customer is obliged to contribute to what is reasonable for him, in order to remedy the disturbance and to minimize possible damage. 7.2 The property is liable to the customer in accordance with the statutory provisions for items brought in. The hotel recommends the use of the hotel safe. If the guest wishes to contribute money, securities and valuables worth more than € 800 or anything worth more than € 3,500, this will require a separate retention agreement with the hotel. 7.3 Insofar as the customer is provided with a parking space in the hotel car park, also for a fee, no custody agreement is concluded. In the event of loss or damage to vehicles parked or shunted on the hotel property and their contents, the hotel is only liable in accordance with section 7.1, sentences 1 to 4 above. 7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and merchandise for guests are treated with care. The hotel will take care of the delivery, storage and - on request - for a fee the forwarding of the same. The hotel is only liable in accordance with section 7.1, sentences 1 to 4 above. General Terms and Conditions for the Hotel Accommodation Agreement © Hotel Association Germany (IHA) e.V. Page 8 Status: April 2012
8 FINAL PROVISIONS 8.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the customer are invalid. 8.2 The place of fulfillment and payment as well as the exclusive place of jurisdiction - also for check and bill of exchange disputes - is in commercial traffic the district court Donauwörth. If a contracting party fulfills the requirements of § 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is Augsburg, Germany. 8.3 German law applies. The application of the UN sales law and conflict of laws is excluded. 8.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.