General Terms and Conditions (Template Dehoga)
1. SCOPE OF APPLICATION 1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and other services of the hotel (hotel accommodation contract).
2. The subletting or further leasing of the provided rooms as well as their use for purposes other than accommodation require the prior consent of the hotel in text form.
3. General terms and conditions of the customer only apply if this has been expressly agreed in text form beforehand.
2. CONTRACT CONCLUSION, PARTNER, LIMITATION 1. The hotel is free to confirm the room booking in text form.
2. Contract partners are the hotel and the customer. If a third party has ordered for the customer, they are jointly liable to the hotel with the customer as joint debtors.
3. All claims against the hotel generally expire one year from the statutory limitation commencement. Claims for damages expire in five years. The limitation periods do not apply to claims based on intentional or grossly negligent breaches of duty by the hotel.
3. SERVICES, PRICES, PAYMENT, OFFSETTING 1. The hotel is obliged to hold the rooms booked by the customer and to provide the agreed services. 2. The customer is obliged to pay the applicable prices of the hotel for the room rental and any additional services they have used. This also applies to services and expenses incurred by the hotel on behalf of the customer to third parties. The agreed prices include the respective statutory value-added tax.
3. The hotel may make its consent to a subsequent reduction in the number of booked rooms, the services of the hotel, or the duration of the customer's stay conditional on an increase in the price for the rooms and/or for the other services of the hotel.
4. Invoices from the hotel are payable within 14 days from the date of sending the invoice without deduction. In case of default in payment, the hotel is entitled to charge a flat fee (late payment surcharge, processing fee) of €25.00.
5. The hotel is entitled to demand an advance payment or security from the customer upon conclusion of the contract.
6. In justified cases, e.g., customer payment arrears, the hotel is entitled to refuse further services.
7. The customer may only offset or assert a claim against a claim of the hotel with an undisputed or legally enforceable claim.
4. CUSTOMER WITHDRAWAL (CANCELLATION, CANCELLATION, and NoShow)
1. A withdrawal by the customer from the contract concluded with the hotel requires the consent of the hotel in text form. If this does not occur, the agreed price from the contract is to be paid even if the customer does not make use of contractual services.
2. If a date for free withdrawal from the contract has been agreed in text form between the hotel and the customer, the customer can withdraw from the contract until then without triggering payment or damage claims from the hotel. The customer's right of withdrawal expires if they do not exercise their right of withdrawal against the hotel in text form by the agreed date.
3. For rooms not used by the customer, the hotel must credit the income from the further rental of these rooms. If the rooms are not rented out otherwise, the hotel may charge 100% of the contractually agreed remuneration.
4. A right to withdraw from the contract concluded with the hotel expires two weeks before the contractually agreed arrival date. Note: According to Directive 2011/83/EU of the European Parliament, Article 16, the 14-day right of withdrawal does not apply to hotel bookings. The hotel's cancellation conditions apply.
5. HOTEL WITHDRAWAL 1. If it has been agreed in text form that the customer can withdraw from the contract free of charge within a certain period, the hotel is also entitled to withdraw from the contract during this period (e.g., non-compliance with contractually agreed advance payment). 2. In the event of a justified withdrawal by the hotel, the customer has no claim for damages.
6. ROOM PROVISION, HANDOVER, AND RETURN
1. The customer has no claim to the provision of specific rooms unless this has been expressly agreed in text form. 2. Booked rooms are available to the customer from 2:00 PM on the agreed arrival day. The customer has no claim to earlier provision. 3. On the agreed departure day, the rooms must be vacated by the hotel by 10:30 AM at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the contractual overuse of the room until 2:00 PM, and thereafter 100%.
7. HOTEL LIABILITY 1. The hotel is liable for its obligations under the contract. Claims for damages by the customer are excluded. This does not apply to damages resulting from injury to life, body, or health if the hotel is responsible for the breach of duty, other damages that are based on intentional or grossly negligent breaches of duty by the hotel, and damages that are based on intentional or negligent violations of contractual obligations of the hotel. If disturbances or defects occur in the services of the hotel, the hotel will, upon knowledge or upon immediate complaints from the customer, strive to remedy the situation. The customer is obliged to contribute what is reasonable to remedy the disturbance and to minimize any possible damage.
2. The hotel is liable to the customer for items brought in according to the statutory provisions. Thereafter, liability is limited to a hundred times the room price, but at most €3,500, and for money, securities, and valuables at most up to €800. Money, securities, and valuables can be kept in the hotel safe up to a maximum value of €3,500. 3. If the customer is provided with a parking space in the garage or on a hotel parking lot, even for a fee, no safekeeping contract is established. The hotel is not liable for loss or damage to vehicles, trailers, motorcycles, or trailers parked or maneuvered on the hotel premises, except in cases of intent or gross negligence.
8. FINAL PROVISIONS
1. Changes and additions to the contract or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the customer are ineffective. 2. The place of performance and payment is the location of the hotel. 3. German law applies. The application of the UN Sales Law and conflict of laws or similar is excluded. 4. Should individual provisions of these General Terms and Conditions be ineffective or void, the effectiveness of the remaining provisions shall not be affected. Otherwise, the statutory provisions apply.
