General terms and conditions for Hotel “Brauhaus Wittenberg” in 06886 Lu.-Wittenberg, status April 2013
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services or deliveries provided to guests in this connection by the hotel (Hotel Accommodation Contract). The term "Hotel Accommodation Contract" includes and replaces the following terms: Contracts for accommodation, lodging, hotel, hotel room.
1.2 The sub-letting of the rooms provided or their use for purposes other than accommodation requires the prior consent of the hotel in writing, whereby § 540 paragraph 1 clause 2 BGB is waived if the customer is not a user.
1.3 The general terms and conditions of the customer are only applicable if this has been previously and expressly agreed with us.
§2 Conclusion of contract, contractual parties, statute of limitation
2.1 The contracting parties are the hotel and the customer. The contract comes into effect upon acceptance of the customer's request by the hotel. The hotel is at liberty to confirm the room reservation in text form.
2.2 All claims against the hotel will lapse one year after the beginning of the statutory limitation period. Claims for compensation will lapse, regardless of when they become known, after five years, unless they are based upon a violation of life, limbs, health or freedom. Such claims will lapse after ten years, regardless of when they become known. The limitation periods do not apply to claims based upon intentional or grossly negligent breach of obligations on the part of the hotel.
§3 Services, prices, payment, set-off
3.1 The hotel is obliged to hold ready the rooms booked by the customer and to provide the agreed services.
3.2 The customer is obliged to pay the price agreed or applicable for room rental and for any other services used by him/her. This also applies to services, ordered directly or via the hotel, which are rendered by third parties and disbursed by the hotel.
3.3 The agreed prices are inclusive of the taxes and local levies applicable at the time of conclusion of the contract. The levies which are owed by the guest himself as per the respective local law, such as visitor’s tax, are not included. The prices will be suitably adjusted in case of a change in the statutory turnover tax or a new introduction, modification or abolition of local levies on the object of services, after conclusion of the contract. In case of contracts with consumers, this applies only if the period between the conclusion of contract and performance of a contract exceeds four months.
3.4 The hotel can give its consent to any subsequent reduction in the number of rooms booked, services provided by the hotel or length of the customer's stay conditional upon increasing the price for the rooms and/or for other services of the hotel.
3.5 Hotel invoices without a due date are to be payed within 10 days of receipt of the invoice without deduction. The hotel can at any time demand immediate payment of sums due from the customer. In case of default on payment, the hotel is entitled to demand the current legally applicable rate of interest of 8%, or in case of legal transactions in which a consumer is involved, of 5% above the base rate of interest. The hotel reserves the right to prove that damages are higher.
3.6 The hotel is entitled to demand from the customer a reasonable advance payment or a security deposit in the form of a credit card guarantee at the time of conclusion of the contract. The amount of the advance payment and the payment date can be agreed in the contract in text form. For advance payments or security deposits for package holidays, the statutory provisions remain unaffected.
3.7 In justified cases (e.g. customer’s payment arrears or extension of the scope of the contract) the hotel is entitled, even after conclusion of the contract, but up to the beginning of the customer's stay, to require an advance payment or security deposit within the meaning of the preceding clause 3.6, or an increase in the advance payment or security deposit agreed in the contract, up to the full amount of the payment agreed.
3.8 The hotel is also entitled to demand a reasonable advance payment or security deposit within the meaning of the preceding clause 3.6 for current and future claims arising from the contract at the beginning of or during the customer's stay, as long as such a payment has not already been made as per the preceding clause 3.6 and/or clause 3.7.
3.9 The customer can only set-off or offset an undisputed or legally valid claim against a claim of the hotel.
§4 Withdrawal by the customer (cancellation, annulment / failure to use the services of the hotel (no show)
4.1 A cancellation by the customer of the contract concluded with the hotel is possible only if a right of withdrawal was expressly agreed in the contract, if there is otherwise a statutory right of withdrawal or if the hotel expressly agrees to the termination of the contract. The agreement to a right of withdrawal and the possible consent to a termination of contract should in each case be in text form.
4.2 Provided a date was agreed between the hotel and the customer for withdrawal from contract without charge, the customer can withdraw from the contract up to this point without giving rise to any payment of damage claims of the hotel. The customer's right of cancellation expires if it is not exercised by the agreed date.
4.3 If a right of withdrawal has not been agreed upon or it has already expired, there is also no statutory right of withdrawal or termination, and if the hotel does not agree to a termination of contract, the hotel remains entitled to the agreed compensation in spite of the non-utilisation of services. The hotel has to take into account the income from letting these rooms to other parties and the expenses saved. If the rooms are not rented otherwise, the hotel can calculate a flat deduction for any expenditure saved. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast, as well as for package arrangements with third-party services, 70% for half board and 60% for full board. The customer has the right to prove that the above claim has not arisen, or arisen to a lesser extent.
§5 Withdrawal by the hotel
5.1 Insofar it had been agreed, that the customer can withdraw from the contract within a specified period, the hotel on its part is entitled to cancel the contract within this same period if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not waive his/her right of cancellation on request by the hotel with a reasonable deadline.
5.2 If an agreed advance payment or security deposit demanded in accordance with clause 3.6 and/or 3.7 is not made even after the lapse of an extension of time set by the hotel, the hotel is also entitled to rescind the contract.
5.3 Furthermore, the hotel is entitled to extraordinary cancellation of the contract due to an essentially justified reason, in particular if - force majeure or other unforeseen circumstances make the fulfilment of the contract impossible; - rooms or areas are culpably booked by the guest with misleading or false information, or withholding essential facts; essential facts here can refer to the identity of the customer, the ability to pay or the purpose of the stay;- the hotel has justified cause to assume that utilisation of the services can jeopardise the smooth running of the hotel's operations, its safety or its public image, without this being the fault of the ownership or management of the hotel; - the purpose and/or the occasion of the stay is illegal; - there is a violation of the the above mentioned clause 1.2.
5.4 A justified cancellation of contract by the hotel cannot entitle the customer to a claim for compensation.
§6 Provision, handover and return of rooms
6.1 The customer does not acquire a claim to the provision of specific rooms, unless expressly agreed earlier.
6.2 Reserved rooms are available to the customer from 3 pm on the agreed day of arrival. The guest is not entitled to an earlier provision of the room.
6.3 On the agreed departure date, hotel rooms are to be vacated latest by 12:00 noon. Thereafter, up to 6 pm, the hotel can bill a charge of up to 50% of the full accommodation rate (list price) for use of the rooms beyond that contractually agreed time, from 6 pm onwards, 90%. This will not justify contractual claims by the guest. The guest is at liberty to prove that the hotel is entitled to no additional charge or a lower charge as compensation for use.
§7 Liability of the hotel
7.1 The hotel is liable for damages arising due to loss of life, bodily injury or health issues for which it is responsible. It is further liable for other damages based upon an intentional or grossly negligent violation of obligation by the hotel, and based upon an intentional or grossly negligent violation of contractually typical obligations by the hotel. A violation of obligation on the part of its legal representative or vicarious agent is equivalent to that of the hotel. Further damage claims are excluded, unless otherwise regulated in this clause 7. Should there be disruptions or deficiencies in the services of the hotel, the hotel will endeavour to remedy these once it becomes aware or if the customer immediately notifies the hotel. The customer is obliged to do what is reasonable to eliminate the disruption and to minimize any possible damage.
7.2 The hotel is liable for any items brought in by the customer in accordance with statutory provisions. The hotel recommends the use of the hotel safe or room safe. If the guest wishes to bring cash, securities and valuables worth more than 800 EUR and other items with a value of over 3,500 EUR, this requires a separate safekeeping agreement with the hotel. 7.3 If the customer is provided with a parking space in the hotel garage or a hotel parking space, this does not constitute a contract of safe custody even if a fee is paid. The hotel is liable only as per the provisions of the preceding para
7.1 clauses 1 to 4 for loss of or damage to vehicles parked or manoeuvred on hotel property and their contents. 7.4 Wake-up calls are carried out with the utmost care. Messages, mail and merchandise deliveries for hotel guests are handled with care. The hotel will deliver, hold and upon request and payment, forward the same. The hotel is liable only as per the provisions of the preceding para 7.1 clauses 1 to 4.
§8 Final provisions
8.1 Changes and additions to the contract, to the acceptance or to these general terms and conditions are to be made in text form. Unilateral changes or additions by the customer are deemed invalid.
8.2 In relation to commercial dealings- also for disputes relating to checks and bills of exchange -, place of performance and payment and the exclusive place of jurisdiction is the location of the hotel. If a contracting party fulfils the requirement of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel. 8.3 German law applies. The application of the UN sales convention and conflict of laws is excluded.
8.4 Should any of the individual provisions of these terms and conditions be or become invalid or void, this will not affect the validity of the remaining provisions. In other respects statutory provisions will apply.
Note on dispute resolution
The company will not participate in a dispute resolution before a consumer arbitration board.