General Terms and Conditions
General Terms and Conditions (DEHOGA template)
1. Scope of Application
These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and other services provided by the hotel (hotel accommodation contract).
Subletting or re-letting of the provided rooms as well as their use for purposes other than accommodation require the prior consent of the hotel in text form.
General terms and conditions of the customer shall only apply if this has been expressly agreed in advance in text form.
2. Conclusion of Contract, Contracting Parties, Limitation Period
The hotel is free to confirm the room booking in text form.
Contracting parties are the hotel and the customer. If a third party has booked on behalf of the customer, they are jointly and severally liable together with the customer towards the hotel.
All claims against the hotel generally become time-barred after one year from the statutory limitation period. Claims for damages become time-barred after five years. The shortened limitation periods do not apply to claims based on intentional or grossly negligent breach of duty by the hotel.
3. Services, Prices, Payment, Set-off
The hotel is obliged to provide the booked rooms and to render the agreed services.
The customer is obliged to pay the applicable prices of the hotel for room provision and any additional services used. This also applies to services and expenses of the hotel to third parties initiated by the customer. The agreed prices include statutory VAT.
The hotel may make its consent to a later reduction of the number of booked rooms, hotel services, or length of stay dependent on an increase in the price for the rooms and/or other services.
Hotel invoices are payable within 7 days of invoice receipt without deduction. In case of late payment, the hotel is entitled to charge a flat fee of €25.00 (late fees, processing fee).
The hotel is entitled to request a prepayment or security deposit upon contract conclusion.
In justified cases, e.g. payment default by the customer, the hotel is entitled to refuse further services.
The customer may only offset or set off claims against the hotel with an undisputed or legally binding claim.
4. Cancellation by the Customer (Cancellation, Withdrawal and No-Show)
A withdrawal from the contract requires the hotel’s consent in text form. If not granted, the agreed price must still be paid even if services are not used.
If a free cancellation deadline has been agreed in text form, the customer may withdraw without payment or compensation claims until that date. The right of withdrawal expires if not exercised in text form by the agreed date.
For rooms not used, the hotel must offset income from alternative rental. If not re-rented, the hotel may charge 100% of the agreed price.
The right of withdrawal expires two weeks before the agreed arrival date. Note: According to EU Directive 2011/83/EU, Article 16, the 14-day withdrawal right does not apply to hotel bookings. The hotel’s cancellation policy applies.
5. Cancellation by the Hotel
If agreed in text form that the customer may cancel free of charge within a certain period, the hotel is also entitled to cancel within that period (e.g. failure to make agreed advance payment).
In case of justified cancellation by the hotel, the customer has no right to compensation.
6. Room Provision, Handover and Return
The customer has no right to specific rooms unless expressly agreed in text form.
Booked rooms are available from 2:00 pm on the arrival day. Earlier availability is not guaranteed.
On the departure day, rooms must be vacated by 11:00 am. After that, the hotel may charge 50% of the room rate until 2:00 pm and 100% thereafter.
7. Liability of the Hotel
The hotel is liable for its contractual obligations. Claims for damages are excluded, except for injury to life, body, or health, and for damages caused intentionally or by gross negligence, or breach of essential contractual duties. In case of service disruptions, the hotel will attempt to remedy the issue promptly. The customer is obliged to assist in reasonable measures to reduce damage.
The hotel is liable for items brought in according to statutory provisions, limited to 100 times the room price, max. €3,500, and for money, securities and valuables up to €800. Such items may be stored in the hotel safe up to €3,500.
If a parking space is provided, no custody agreement is formed. The hotel is not liable for loss or damage to vehicles or contents unless caused by intent or gross negligence.
8. Final Provisions
Amendments and additions must be made in text form. Unilateral changes by the customer are invalid.
Place of performance and payment is the hotel location.
German law applies. The UN Sales Convention and conflict of laws rules are excluded.
If individual provisions are invalid, the remaining provisions remain unaffected.
Hotel Restaurant Jägerheim, Gracklauer family. Status: May 2017