These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided by the respective Hotel Holl Garni in Cochem on the Moselle, hereinafter referred to as "Hotel". 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 their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB becomes.
General terms and conditions of business of the customer are only applicable if this has been expressly agreed in writing.
Customer within the meaning of these terms and conditions are both consumers and entrepreneurs within the meaning of Sections 13, 14 BGB.
II. Conclusion of Contract, Partners; Statute of limitations
The contract is concluded by acceptance of the customer's request by the hotel. If the hotel makes a binding offer to the customer, the contract is concluded by the acceptance of the hotel offer by the customer. The room booking should be confirmed in text form.
Contractual partners are the hotel and the customer. If a third party has ordered the customer, the customer shall be jointly and severally liable with the third party as jointly and severally liable for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.
All claims of the customer or of the third party against the hotel shall become statute-barred in principle 1 year from the beginning of the knowledge-dependent regular limitation period within the meaning of § 199 paragraph 1 BGB. Compensation claims against the hotel are, however, subject to a limitation of knowledge, at the latest, within 3 years, regardless of the knowledge at the latest in 10 years from the breach of duty. These limitation periods shall not apply ...
- in the case of claims which are caused by intent or gross negligence of the hotel - also of its vicarious agents.
- in the case of negligent damage resulting from injury to life, body or health.
In the case of negligently caused material and property damages, the shortened periods of limitation shall not apply in the event of a breach of a material contractual obligation. Significant contractual obligations are those whose fulfillment forms the contract and on which the customer may rely.
III. Services, prices, payments, offsetting
The hotel is obliged to keep the rooms booked by the customer and to provide the agreed services.
The customer is obliged to pay the prices of the hotel which are valid or agreed upon for the room transfer and the additional services used by him. This also applies to the services and expenses of the hotel to third parties caused by the Customer. The agreed prices are inclusive of 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 law, such as tourist tax. 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 amended, 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 4 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 or other services of the hotel.
Invoices of the hotel without due date are payable within 10 calendar days from receipt of the invoice without deduction. The hotel is entitled to make accrued claims at any time due and to demand immediate payment. In the event of a delay in payment, the hotel is entitled to charge the applicable statutory interest rates of currently 9 percentage points or in the case of legal transactions in which a consumer is involved in the amount of 5 percentage points above the base rate. In addition, the hotel can charge a fee of EUR 5.00 per warning letter. The hotel reserves the right to prove and assert higher damages.
The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or afterwards taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in the contract in text form.
In justified cases, eg in the case of a customer's payment arrears or an expansion of the scope of the contract, the hotel is entitled to make an advance payment or security deposit as defined in clause 5 above or an increase in the agreed advance payment or security desire.
The customer can only set off against a claim of the hotel with an undisputed or legally binding claim.
The hotel may make its consent to a subsequent reduction in the number of rooms or nights booked, the hotel's performance or the duration of the customer's stay dependent on the price of the rooms and / or the hotel's other services .
"Important notice about the right of revocation!
Please note that there is no right of withdrawal (ie no free right of rescission) for guest accommodation contracts (contracts for accommodation in hotels, guesthouses, holiday apartments, private rooms, campsites or other accommodation). According to the conclusion of the contract, insofar as a free right of rescission has not been expressly agreed, there is only the possibility of the withdrawal or the cancellation of the contract according to the terms and conditions of the host (insofar as these have been effectively agreed).
IV. Cancellation by the customer (cancellation, cancellation) / non-use of the hotel services (no show)
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 legal right of withdrawal or if the hotel expressly agrees 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.
If an agreement between the hotel and the customer has been agreed upon for the cancellation of the contract (option), the customer can withdraw from the contract 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 in writing until the agreed date.
If a right of withdrawal is not 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. The hotel has to charge the income from the rental of the rooms and the expenses saved. If the rooms are not rented elsewhere, the hotel can deduct the flat rate for expenses saved. The customer is obliged in this case to pay at least 99.99% of the contractually agreed price for overnight stay with or without breakfast as well as for lump-sum arrangements with third-party services 100%. The customer is free to prove that the claim has not been incurred or not in the required amount.
In as far as the hotel calculates the compensation in concrete terms, the amount of the indemnity is at most the amount of the contractually agreed price for the service to be provided by the hotel, deducting the value of the expenses saved by the hotel as well as what the hotel acquires by other uses of the hotel services.
The above arrangements for the compensation apply accordingly if the guest does not make use of the booked room or the booked services, in good time (No Show).
V. Cancellation of the hotel
If a free right of withdrawal of the customer has been agreed in writing within a certain period of time, the hotel is also entitled to cancel the contract free of charge in this period if other customers' requests for the contractually booked rooms are available and the customer requests the hotel within 2 weeks On his right to rescind the contract. If the customer cancels this deadline without delay, the hotel is entitled to withdraw.
If an agreed upon option or as defined in III. (5), the hotel shall also be entitled to withdraw from the contract, even after the expiry of a reasonable period of grace set by the hotel.
In addition, the hotel is entitled to withdraw from 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;
- rooms are booked with faulty or false indication or concealment of essential facts (eg in the person of the customer, the solvency or the purpose of the stay);
- the hotel has reasonable grounds to believe that the use of the hotel's services may jeopardize the smooth operation, security or prestige of the hotel in the public without being attributable to the hotel's sphere of control or organization;
- there is a breach of Section I. 2.
In the event of justified withdrawal of the hotel, the customer is not entitled to claim damages.
VI. Room preparation, delivery 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 no later than 3 pm on the agreed arrival day. The customer has no claim to an earlier provision.
On the agreed day of departure, the rooms are to be vacated by the hotel at 11 am at the latest. Thereafter, the hotel may charge 50% of the current day's daily rate until 15.00 o'clock in the event of a late evacuation of the room. Contractual claims of the customer are not justified thereby. It is free to prove that the hotel has not received any or a significantly lower claim for usage compensation. In addition, the hotel reserves the right to prove and assert higher damages.
VII. Liability of the hotel
In the case of damage caused, Hotel shall be liable in case of willful intent and gross negligence - including its vicarious agents - in accordance with statutory provisions. The same applies to negligently caused damage from injury to life, body or health.
In the case of negligent material and property damages, Hotel and its vicarious agents shall be liable only in the case of a breach of a material contractual obligation, but limited to the damages foreseeable and contractually typical for the conclusion of the contract; Essential contractual obligations are those whose fulfillment forms the contract and on which the customer may rely. Should faults or deficiencies in the services of the hotel occur, the hotel will endeavor to remedy the situation if the customer is aware of it or if the customer's complaint is prompt. The customer is obligated to contribute to the reasonableness of the disturbance and to keep a possible damage low, as well as to report any disturbances or damages to the hotel without delay.
The hotel is liable to the customer for the sum of 1,000.00 EUR for items submitted. For money, securities and valuables, the amount of EUR 500.00 is replaced by EUR 500.00.
If the guest wishes to collect money, securities and valuables with a value of more than EUR 500.00 or other items with a value of more than EUR 1,000.00, a separate storage agreement with the hotel is required. If valuables exceeding the value of 300.00-500.00 EUR, which have not been properly registered on arrival, will result in property damage, the hotel reserves the right to assume no liability for the damage, since the registration is not And thus the knowledge of higher values was lost to the hotel. The guest is obligated in the event of damage to prove that the damage caused was caused by the hotel or its fulfillment. If this does not happen to the guest, the liability is transferred to his person or his representative. For a more extensive liability of the hotel the above regulation of VII.
As far as the customer is provided a parking space in the hotel garage or in a hotel parking lot - also at a charge - does not constitute a deposit agreement. The hotel is only liable in the case of loss or damage to the motor vehicle parked or parked on the hotel premises and its contents.
Wake-up calls are handled by the hotel with the utmost care. Messages, mail and customer deliveries are also dealt with with great care. The hotel accepts the delivery and storage (in the hotel) as well as - upon request - the forwarding of the same for a fee. The foregoing paragraph 1 shall apply mutatis mutandis.
VIII. Final provisions
Amendments or additions to the contract, the acceptance of the application or these general terms and conditions for the hotel accommodation contract shall be made in text form. Unilateral changes or additions by the customer are ineffective.
Place of performance and payment is the registered office of the respective hotel.
Exclusive court of jurisdiction - If a contracting party fulfills the requirement of § 38 (2) ZPO and does not have a general court in Germany, the court of jurisdiction is the domicile of the hotel.
Only 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 for the hotel accommodation contract be or become invalid or void, the validity of the remaining provisions shall remain unaffected. In addition, the statutory provisions apply.
Last update: August 2016