General Terms and Conditions of Business
Hotel Accommodation Contract
1. Scope of application
These terms and conditions apply to contracts for the rental of hotel rooms foraccommodationas well as all further services and deliveries of the hotel provided to the customer in this connection (Hotel accommodation contract). The term "hotel accommodation contract" covers and
replaces the following terms: accommodation, hospitality, hotel, hotel room contract.
The subcontracting or re-letting of the rooms and the use thereof for purposes other thanhotel accommodation require the prior consent of the hotel in text form, whereby § 540 (1) sentence 2 BGB is excluded as long as the customer is not a consumer.
General terms and conditions of business of the customer apply only if this has been expressly agreed previously.
2. Contract conclusion / partner / limitation period
Contractual partners are the hotel and the customer. The contract is concluded by acceptance of the customer's request by the hotel. The hotel is free to confirm the roombooking in text form.
All claims against the hotel are subject to a limitation period of one year from the statutory start of limitation. Claims for damages shall become statute-barred for a period of five years insofar as they are not based on a violation of life, body, health or freedom. These claims for damages shall become statute-barred indefinitely in ten years. The statute of limitations shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
3. Services, prices, payment, set-off
The hotel is obliged to keep the rooms booked by the customer and to provide the agreed services.
Check in from 1pm - 6pm, check out until 10am
The customer is obligated to pay the prices of the hotel agreed or valid for the room transfer and the other services used by him. This also applies to services provided by the customer directly or through the hotel, which are provided by a third party and are expensed by the hotel.
The agreed prices, currently valid from 14.01.2018, are inclusive of the taxes and local taxes applicable at the time of conclusion of the contract. Local tax is not included, which is payable by the guest according to the respective local laws, such as tourist tax.
The currently valid tourist tax is € 2.- per person / day from a stay of 2 nights.
If the statutory value-added tax or the new introduction, change or abolition of local taxes on the object of performance after the contract is changed, the prices are adjusted accordingly. In the case of contracts with consumers, this applies only if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel's performance or the length of stay of the customer dependent on the price of the rooms and / or the hotel's other services.
Invoices of the hotel without due date are payable within 10 days from receipt of the invoice without deduction. The hotel can demand the immediate payment of due receivables from the customer at any time. In the case of a delay in payment, the hotel is entitled to demand the current statutory
interest rate of currently 8% or in the case of legal transactions in which a consumer is involved in the amount of 5% above the base rate.
The hotel reserves the right to prove higher damages.
The hotel is entitled to demand a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, upon conclusion of the contract by the customer. The amount of the advance payment and the payment dates can be agreed in the contract in text form.
The statutory provisions shall remain unaffected in the case of prepayments or security payments for package tours.
In justified cases, for example the client's payment arrears or extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract, to make an advance payment or security deposit as defined in the preceding paragraph up to the beginning of the stay.
or an increase in the advance payment or security payment agreed in the contract up to the full agreed remuneration.
The hotel is also entitled, at the beginning and during the stay, to demand from the customer, at the beginning and during the stay, a reasonable advance payment or guarantee in the sense of clause 3.9 above for existing and future claims from the contract insofar as this has not already been provided in accordance with clause 3.6 and / has been.
The customer can only offset or offset against a claim of the hotel with an undisputed or legally binding claim.
Pets are restricted by arrangement (€ 8.- day without food). These are not allowed in public areas.
4. Cancellation by the customer (cancellation, cancellation), non-use of the
hotel's services (no show), early departure or late arrival.
Cancellation by the customer of the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, there is another statutory right of withdrawal or if the hotel expressly agrees to cancel the contract. The agreement on the right to rescind the contract and the possible agreement to cancel the contract shall be made in text form.
If the hotel and the customer have agreed to cancel the contract free of charge, the customer can withdraw from the contract by then, without incurring payment or compensation claims by the hotel. The right of withdrawal of the customer expires if he does not exercise his right to rescind the hotel by the agreed date.
If a right of withdrawal has not been agreed or has already expired, there is no statutory right of rescission or termination and the hotel does not agree to a cancellation of the contract, the hotel reserves the right to the agreed remuneration despite non-utilization of the service.
Up to 6 weeks before arrival, the cancellation is free of charge.
The hotel has the income from other rental of the rooms as well as the savings to be counted. If the rooms are not rented elsewhere, the hotel can deduct the deduction for expenses saved.
In the case of non-rental, the customer is obligated to pay at least 80% for single/double rooms and 90% in apartment or apartment of the contractually agreed price for overnight with or without breakfast as well as for package arrangements with external services to pay.
This also applies to late arrival or early departure.
The customer is free to prove that the above claim has not occurred or has not occurred to the required amount.
We therefore strongly recommend a valid travel cancellation insurance which also includes non-arrival and travel cancellation. ERV insurance
5. Rescission of the hotel
If it has been agreed that the customer is free of charge within a certain period the hotel is entitled in this period to withdraw from the contract if other customers' requests for the contractually booked rooms are available, and the customer is in consultation with
the hotel with a reasonable time limit, to renounce his right to rescind the contract.
If a prepayment or security deposit agreed or requested in accordance with section 3.6 and/or clause 3.7 is not provided even after the expiry of a reasonable period of grace set by the hotel, the hotel is also entitled to withdraw from the contract.
Furthermore, the hotel is entitled to cancel the contract for materially justified reasons, in particular if
- Force majeure or other circumstances beyond the control of the hotel render the fulfillment of the contract impossible,
- inventory is damaged,
- Rooms or rooms are culpably booked with misleading or false indication or concealment of essential facts; the identity of the customer, the solvency or the purpose of residence may be essential;
- the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation, security or reputation of the hotel in the public without being attributable to the domain of the hotel or the hotel;
- the purpose or reason of the stay is illegal;
- there is a violation of the aforementioned clause 1.2.
The justified rescission of the hotel does not constitute a claim of the customer for
6. Room availability, transfer and return
The customer is not entitled to the provision of certain rooms, unless this has been expressly agreed.
Booked rooms are available to the customer from 1 pm on the agreed arrival day. The customer has no claim to earlier provision.
On the agreed departure day, the rooms are to be vacated by the hotel at the latest by 10:00 am. Thereafter, the hotel may be delayed due to the late evacuation of the room for its contract.
Use until 18:00 hours 50% of the full price (list price), from 18:00 hours 90%.
Contractual claims of the customer are not justified thereby. It is free to prove to the hotel that the hotel has no or a significantly lower claim for usage compensation.
7. Liability of the hotel
The hotel is liable for damage caused by injury to life, body or health. Furthermore, it is liable for other damages that result from an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent violation of contractual obligations of the hotel. A breach of
duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages shall be excluded, unless otherwise stipulated in this clause 7. Should disturbances or deficiencies in the services of the hotel occur, the hotel will endeavor to provide remedies if the client is aware of the customer's complaint or immediately. The customer is obligated to contribute to the reasonable, in order to remedy
the disturbance and keep a possible damage low.
The hotel shall be liable to the customer for accrued items according to the legal regulations. The hotel recommends the use of the hotel or room. If the guest wishes to raise money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, a separate storage agreement with the hotel is required.
If a parking space is made available to the customer in the hotel garage or on the hotel parking lot, also for a fee, no deposit agreement is concluded. The hotel shall be liable for any loss or damage to the motor vehicle parked or parked on the hotel premises only in accordance with section 7.1, sentences 1 to 4.
Wake-up calls are handled by the hotel with the utmost care. Messages, mail and guest deliveries are treated with care. The hotel accepts the delivery,
storage and - upon request - the forwarding of the same for a fee. The hotel shall be liable only in accordance with the provisions of 7.1 above, sentences 1 to 4.
8. Final provisions
Amendments and additions to the contract, the application or this General terms and conditions shall be in text form. Unilateral changes or additions by the Customers are ineffective.
Place of performance and payment as well as exclusive jurisdiction
- also for check and exchange disputes is in the commercial traffic Bad Kohlgrub,
Provided that a contractual partner fulfills the requirement of § 38 para. 2 ZPO and does not have a general court jurisdiction within Germany, Bad Kohlgrub is the court of jurisdiction.
German law applies. The application of the United Nations Convention on Contracts for
the International Sale of Goods and Collision Law is excluded.
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.
General terms and conditions for the hotel accommodation contract © Hotelverband Deutschland (IHA) e.V. Stand: April 2012