General Terms and Conditions for the Hotel Accommodation Agreement

 

1 Scope of application

1.1
These Terms and Conditions shall apply to contracts for the rental of hotel rooms for accommodation purposes as well as all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: Accommodation contract. Accommodation contract, hotel contract, hotel room contract.

1.2
The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer.

1.3
General terms and conditions of the customer shall only apply if this has been expressly agreed in advance.

 

2 Conclusion of contract, - Partner, limitation period

2.1
The contracting parties are the hotel and the customer. The contract is concluded by the hotel's acceptance of the customer's application. The hotel is free to confirm the room booking in text form.

2.2
All claims against the hotel are generally subject to a limitation period of one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel.

 

3 Services, Prices, Payment, Offsetting

3.1
The Hotel is obliged to keep the rooms booked by the Customer ready and to provide the agreed services.

3.2
The customer is obligated to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by the customer. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel.

3.3
The agreed prices include the taxes and local charges applicable at the time of the conclusion of the contract. Not included are local taxes, which are owed by the guest according to the respective local law, such as visitor's tax.

In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion and performance of the contract exceeds four months.

3.4
The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel's service or the customer's length of stay conditional on an increase in the price for the rooms and/or for the hotel's other services.

3.5
Invoices of the hotel without a due date are payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default of payment by the customer, the statutory provisions shall apply. The hotel reserves the right to prove higher damages.

3.6
The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.

In the event of default of payment by the customer, the statutory provisions shall apply.

3.7
In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract until the start of the stay, to demand an advance payment or provision of security within the meaning of the above section 3.6 or an increase in the advance payment or provision of security agreed in the contract up to the full agreed remuneration.

3.8
The hotel is further entitled to demand from the customer at the beginning of and during the stay a reasonable advance payment or security deposit within the meaning of clause 3.6 above for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with clause 3 6 and/or clause 3.7 above.

3.9
The customer may only set off or offset an undisputed or legally binding claim against a claim of the hotel.

3.9.1
It is forbidden to take items such as toiletries, towels, furniture, etc.. The hotel is allowed to charge the corresponding items that have been stolen.

3.9.2
Furthermore, the guest is liable for any damage to the hotel room caused by him. This must be reported immediately to the hotel. The hotel reserves the right to charge the guest for the costs incurred for cleaning, replacement or repair after examining the damage. For example, for smoking in the room these are from 150.00 €, for a mattress cleaning from 100.00 €, for a carpet cleaning from 250.00 € depending on the damage, higher costs may arise. The triggering of the smoke detector by improper handling (see notes in the kitchen units if available, smoking in the room, disassembly of the detector, etc.) and the resulting alarm and moving out the fire department, the costs will be charged to the hotel guest in full.

 

4 Cancellation by the customer (Cancellation) / non-use of hotel services (No Show)

4.1
The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists or if the hotel expressly consents to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form in each case.

4.2
If a date has been agreed between the hotel and the customer for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date; the same applies to the hotel as a contractual partner without triggering payment or damage claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal towards the hotel until the agreed date.

4.3
lf a right of withdrawal has not been agreed or has already expired, if 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 shall retain the claim to the agreed remuneration despite the non-utilization of the service. The hotel shall credit the income from renting the rooms to other parties as well as the saved expenses.

If the rooms are not otherwise rented out, the hotel may make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight accommodation without breakfast. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.

 

5 Cancellation by the hotel

5.1
If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is also entitled for its part to withdraw from the contract during this period if there are requests from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel with a reasonable deadline.

5.2
If an advance payment or security deposit agreed or requested pursuant to Section 3.6 and/or Section 3.7 is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.

5.3
Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons, in particular if

• Force majeure or other circumstances beyond the control of the hotel make it impossible to fulfill the contract;
• rooms or rooms are booked culpably under misleading or false information or concealment of essential facts, essential can be the identity of the customer, the solvency or the purpose of stay;
• the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the security or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization;
• the purpose or reason for the stay is unlawful;
• there is a breach of point 1.2 above.

5.4
The justified withdrawal of the hotel does not justify any claim of the customer for damages

 

6 Room provision. -Handover and return

6.1
The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed.

6.2
Booked rooms are available to the customer from 14:00 on the agreed day of arrival. The customer has no right to earlier provision.

6.3
On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:30 a.m. at the latest. Thereafter, the hotel may charge up to 70% of the full accommodation price for late vacating of the room for its use in excess of the contract until 6:00 p.m., and up to 100% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this.

The customer is free to prove that the hotel has no or a significantly lower claim for compensation for use.

 

7 Liability of the hotel

7.1
The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this clause 7.

If disruptions or deficiencies occur in the hotel's services, the hotel will endeavor to remedy the situation if it becomes aware of them or if the customer complains about them immediately. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and to keep any possible damage to a minimum.

7.2
The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.

7.3
Insofar as a parking space is made available to the customer in the hotel garage or in the hotel parking lot, even for a fee, this shall not constitute a safekeeping contract. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel's property and their contents, the hotel shall be liable only in accordance with the above Section 7.1, sentences 1 to 4.

Messages, mail and merchandise shipments for the guests are handled with care. The hotel will take care of the delivery, storage and - upon request - forwarding of the same for a fee.

The hotel shall only be liable in this respect in accordance with the above clause 7 1, sentences 1 to 4.

 

8 Final provisions

8.1
Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements by the customer shall be invalid.

8.2
The place of performance and payment as well as the exclusive place of jurisdiction - also for disputes regarding checks and bills of exchange - in commercial transactions shall be the Hotel König Ludwig II (Tomma Kuhlmann GmbH), Bürgerplatz 3, 85748 Garching.

If a contractual partner fulfills the prerequisite of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Garching.

8.3
German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.

8.4
Should individual provisions of these General Terms and Conditions of Business be or become invalid or void, this shall not affect the validity of the remaining provisions. ln all other respects, the statutory provisions shall apply.