General terms and conditions
GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
These terms and conditions 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, Guest Accommodation Contract, Hotel Contract, Hotel Room Contract. The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation shall require the prior consent of the hotel in text form, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer. The customer's general terms and conditions shall only apply if this has been expressly agreed in advance.
CONCLUSION OF THE CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD
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. All claims against the hotel shall generally become statute-barred one year after the statutory commencement of the 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.
SERVICES, PRICES, PAYMENT, SET-OFF
The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services. The customer is obliged 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. The agreed prices include the taxes and local charges applicable at the time of 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. 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. 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 may be agreed in text form in the contract. The statutory provisions shall remain unaffected in the case of advance payments or security deposits for package tours. In the event of default of payment by the customer, the statutory provisions shall apply. In justified cases, for example 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 security deposit or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration. The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.
CANCELLATION BY THE CUSTOMER (CANCELLATION) / NON-UTILISATION OF THE HOTEL'S SERVICES (NO SHOW)
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 in each case be made in text form. If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract until then without triggering payment or damage compensation claims of the hotel. The customer's right of withdrawal shall expire if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date. If 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 non-utilisation of the service in accordance with the following scale:
- up to four weeks before arrival, cancellation is free of charge; cancellations of room reservations are only valid if received in writing,
- in the event of later cancellation, we will charge 80% of the accommodation price for the entire stay,
- in the event of no-shows without submission of a written cancellation or in the event of travel interruption, 100% of the confirmed accommodation price will be charged. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.
CANCELLATION OF THE HOTEL
Insofar as it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract during this period if there are enquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel with a reasonable deadline. If an agreed or requested advance payment or security deposit is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract. Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
- rooms or spaces are culpably booked with misleading or false information or concealment of material facts; material facts may be the identity of the customer, the ability to pay or the purpose of the stay;
- the hotel has reasonable grounds to assume that the use of the service may jeopardise 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 organisation; - the purpose or reason for the stay is unlawful; The justified withdrawal of the hotel shall not give rise to a claim for damages.
- the purpose or reason for the stay is unlawful;
The justified withdrawal of the hotel does not give rise to a claim for damages on the part of the customer.
ROOM PROVISION, HANDOVER AND RETURN
The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed. Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no right to earlier availability. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10:30 a.m. at the latest. Thereafter, the hotel may be held liable for the late vacating of the room for its use in breach of the contract:
- 5,00€ per hour and
- after 12:00 p.m. the accommodation price
Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee.
LIABILITY OF THE HOTEL
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 typical contractual duties 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. In the event of disruptions or defects in the hotel's services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer shall be obliged to contribute what is reasonable to him in order to remedy the disruption and minimise any possible damage. The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. 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 shall require a separate storage agreement with the hotel. Insofar as a parking space is made available to the customer in the hotel garage or in the hotel car park, even for a fee, this shall not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel's property or their contents. Messages, mail and consignments of goods for the guests will be handled with care. The hotel shall be responsible for the delivery, safekeeping and - on request - forwarding of the same against payment.
Amendments and supplements to the contract, the application acceptance or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements by the customer are invalid. The place of performance and payment as well as the exclusive place of jurisdiction - also for disputes regarding cheques and bills of exchange - in commercial transactions shall be Hotel Arcis Bahnhofstr 10 72810 Gomaringen German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws 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 all other respects, the statutory provisions shall apply.