GENERAL TERMS AND CONDITIONS FOR HOTEL ACCOMMODATION CONTRACTS
Hotel Vier Jahreszeiten am Schluchsee, Hetzel-Hotel Hochschwarzwald GmbH & Co. KG, Persönlich haftender Gesellschafter; Hetzel-Hotel-Hochschwarzwald Beteiligungs-GmbH, Geschäftsführer Helmut W. Schweimler , Am Riesenbühl 4, D-79859 Schluchsee
Amtsgericht Stuttgart, Registernummer HRA 10.011, HRB 4159, USt-IdNr.: DE147513573
1. These Terms and Conditions apply to all contracts governing the letting of hotel rooms and apartments for accommodation purposes including all other services and deliveries provided by the hotel in connection with these contracts (hotel accommodation contract).
2. Subletting or subleasing the rooms provided as well as their use for purposes other than accommodation requires the prior written consent of the hotel. In this event, Section 540, paragraph 1, sentence 2 of the German Civil Code (BGB) is waived if the customer is not a consumer within the meaning of Section 13 BGB.
3. Any general terms and conditions of the customer shall only apply if their application was expressly agreed before conclusion of the contract. Different conditions and the customer's contract offers are hereby rejected.
II CONCLUSION OF THE CONTRACT, CONTRACTING PARTIES, STATUTE OF LIMITATIONS, ASSIGNMENT
1. The parties to this contract are the hotel and the customer. The contract shall enter into force upon acceptance of the customer's booking request by the hotel. The hotel may confirm the room booking in writing. In the event a hotel room is booked on behalf of the customer by a third party, this third party and the customer shall be jointly and severally liable for all obligations arising out of the hotel accommodation contract, provided a notice to that effect was submitted to the hotel.
2. All claims against the hotel shall principally become statute-barred in one year from the legal commencement of the statute-of-limitations. Claims for damages shall become statute-barred irrespective of knowledge in five years. The reductions in the statute-of-limitations shall not apply in case of claims which are due to a wilful or grossly negligent breach of duty of the hotel.
III SERVICES, PRICES, PAYMENT, SETTING OFF CLAIMS
1. The hotel shall reserve the rooms booked by the customer and render the services agreed.
2. The customer shall pay for the provision of the rooms and all other services used by the customer at the agreed and/or applicable rates of the hotel. This includes any services ordered by the customer directly or through the hotel, which were rendered by third parties and advanced by the hotel,
3. The prices agreed include all taxes and local fees applicable at the time the contract is concluded. Local fees payable by the guest directly in accordance with municipal regulations such as visitor's taxes are not covered by the hotel. In the event of changes to the VAT rate or the introduction, change or abolition of local fees on the services to be performed after conclusion of the contract, prices shall be adjusted accordingly. The above provision shall only apply to contracts with consumers if the period between conclusion and performance of the contract exceeds four months.
4. In the event the customer wishes to reduce the number of rooms reserved, the hotel services booked or the length of the stay after making a reservation, the hotel reserves the right to again adjust the prices of the hotel rooms and/or other hotel services.
5. Hotel invoices not showing a due date are payable within 10 calendar days of receipt of invoice without deduction. The hotel is entitled to declare accrued amounts at any time due and payable and to demand immediate payment. If payment is delayed, the hotel is entitled to demand the respectively applicable statutory default interest in the amount of currently 8 percent or, with legal transactions with a consumer, in the amount of 5 percentage points above the base rate. The right to prove and claim higher damages remains with the hotel.
6. The hotel may demand a reasonable advance payment or security deposit such as a credit card guarantee or cost acceptance statement upon conclusion of the contract. The amount to be paid in advance and the payment dates can be agreed in writing in the contract. Advance payments or security deposits for all-inclusive holidays are subject to the applicable legal provisions.
7. Only claims that are uncontested or have become res judicata may be offset against claims of the hotel.
IV RESCISSION (CANCELLATION)/ NON-ARRIVAL AT THE HOTEL (NO-SHOW)
1. The customer may not rescind the contract concluded with the hotel unless such a right to cancel the reservation has been expressly agreed in the contract, the customer has a statutory right of revocation or the hotel has expressly consented to the cancellation. Any agreed right of revocation or consent to a cancellation must be documented in writing.
2. The customer may rescind the contract in question without incurring any charges or liability for damages to the hotel, provided the hotel and the customer have agreed on a deadline by which the customer can cancel a booking at no charge. The customer's right to rescind the contract expires if the customer fails to exercise this right by the agreed deadline.
3. In the event no right of revocation was agreed or such right has already expired, the customer has no statutory right of revocation or termination, and the hotel refuses to rescind the contract, the hotel may claim the agreed remuneration even if the customer fails to make use of the hotel's services. The hotel shall reduce its claims against the customer by the amount received by re-letting the reserved rooms and the expenses saved by the non-arrival.
4. The Hotel shall be free to demand the contractually agreed compensation and to make a flat rate deduction for saved expenses. For the hotel following cancellation terms apply:
- Up to 14 days before arrival: free of charge
- 14 - 7 days before arrival: € 80, - handling fee
- 6-3 days before arrival: 50% of the bookings
- 2 days before arrival: 80% of the bookings
The customer is free to prove that the above-mentioned claim was not created or not created in the amount demanded.
V RESCISSION BY THE HOTEL
1. In the event both parties agreed that the customer may cancel a booking free of charge within a certain deadline, the hotel may also rescind the accommodation contract within the defined deadline, provided other customers have inquired about the availability of the rooms in question and the customer fails to waive the right to cancel the booking at the hotel's request within a reasonable period of time.
2. If the customer fails to make an agreed or demanded advance payment or security deposit in accordance with sections 3.6 and/or 3.7 even after being given a reasonable grace period by the hotel, the hotel may rescind the accommodation contract.
3. The hotel may also rescind a contract for any reasonable cause, which may include, but is not limited to:
- Acts of God or other circumstances beyond the reasonable control of the hotel prevent performance of the contract;
- The customer willfully or negligently provides misleading or wrong details and/or conceals material facts when booking rooms or venues, whereby the customer's identity or ability to pay as well as the purpose of the stay may all be deemed material facts;
- The hotel has reasonable grounds for believing the customer's stay would endanger the hotel's smooth business operations or security or prejudice the reputation of the hotel in public with these risks being outside the hotel's influence or control.
- The purpose of the stay is illegal;
- The customer violates Section 1.2 of these terms.
4. The hotel shall not be liable for any loss or damages whatsoever arising from the rescission of the contract for reasonable cause.
VI ROOM AVAILABILITY, OCCUPYING AND VACATING ROOMS
1. Unless agreed otherwise in advance, the customer cannot reserve specific rooms.
2. The rooms reserved by the customer are usually available from 3.00 p.m. on the agreed day of arrival. The customer is not entitled to occupy the reserved room any earlier. Unless a later time of arrival was expressly agreed or a rea-sonable advance payment or security deposit within the meaning of Section 3.6 was made, the hotel reserves the right to let the room to another guest after 6.00 p.m.
3. On the agreed day of departure, the rooms must be made available to the hotel by 11 a.m. at the latest. Failure to do so will entitle the hotel to charge the customer 50 % of the full accommodation price (list price) if the room is vacated by 6 p.m. and 100 % after that time to compensate the hotel for the prolonged use of the room. Such compensation shall not entitle the customer to any contractual claims. Any extension of the duration of the stay requires the ex-press consent of the hotel. However, the customer retains the right to establish that the hotel was not entitled to claim any or significantly lower compensation.
VII HOTEL LIABILITY
1. The hotel shall be liable for its obligations from the contract with the due care and attention of an ordinary merchant. Claims of the customer for damages are excluded. The hotel shall further be liable for any other damage resulting from a willful or negligent breach of contractual duties and/or a willful or negligent breach of duty by failing to exercise the reasonable standard of care customary for this type of contract. A breach of contractual duties by a legal representative or agent of the hotel shall be deemed a breach of duty by the hotel. Unless otherwise specified in this Section 7, all other claims for damages are excluded. The hotel shall endeavor to remedy any disruptions or shortcomings in the services of the hotel upon discovery of such disruptions or at the customer's immediate request. The customer shall take all reasonable steps to help eliminate such disruptions and ensure that damage is kept to a minimum.
2. The hotel is liable to the customer for property brought into the hotel in accordance with statutory provisions (§§ 701, 702 BGB), however, only up to € 3500, -. For valuables (cash, jewellery, etc.), this liability is limited to € 800, -. Money or valuables that are stored in the hotel safe are insured up to a maximum value of € 1800. The hotel strongly recommends making use of this option. Liability claims expire unless the customer immediately notifies the hotel upon learning of the loss, destruction or damage (§ 703 BGB).
3. The provision of a parking space in the hotel garage or the hotel car park, irrespective of whether or not a fee is paid, does not constitute a storage agreement. In the event any vehicles parked or moved on the hotel's property or any items left in vehicles are lost or damaged, the hotel only accepts liability to the extent specified in the above sections 7.1 to 7.4.
4. The hotel will carry out any wake-up calls with great care. Messages, mail and deliveries for guests are handled with equal care. The hotel will deliver, store and – upon re-quest and for a fee – forward the above items for the customer. The hotel's liability for these services is subject to the above sections 7.1 to 7.4.
VIII MISCELLANEOUS PROVISIONS
1. The use of any photo or video material recorded or created on the hotel's property or premises for commercial purposes requires the prior written consent of the hotel.
2. Domestic pets are accepted solely at the discretion of the hotel and may be subject to an extra charge.
3. Any technical or other external equipment requested by the customer is procured by the hotel on behalf of and with the express authority of the customer at the customer's expense. The customer shall be liable for handling and re-turning this equipment with the necessary care. The customer hereby indemnifies the hotel against any claims from third parties arising out of the rental or use of such equipment.
4. Left behind by the guest will only be forwarded on request, risk and expense of the guests. After three months, the things, if any value, are handed over to non-profit organizations. The statements relating to liability shall apply mutatis mutandis.
IX FINAL PROVISIONS
1. Any changes or amendments to the contract, the booking confirmation or these general terms and conditions must be made in writing. Any unilateral changes or amendments carried out by the customer are ineffective.
2. The exclusive place of performance, payment and jurisdiction for all disputes arising out of commercial transactions between the parties, including check and currency disputes, shall be the hotel's place of business and the courts of competent jurisdiction at the hotel's place of business, respectively. In the event one of the contracting parties has no general place of jurisdiction in Germany within the meaning of Section 38, paragraph 2 of the German Code of Civil Procedure (ZPO), the hotel's place of business shall be the place of jurisdiction.
3. These terms and conditions are subject to German law. The UN Convention on Contracts for the International Sale of Goods and the German conflict of laws principles are excluded.
4. In the event that any one or more of the provisions of these terms and conditions shall be or become invalid or unenforceable in any respect, the validity of the remaining provisions shall not be affected thereby. In all other respects, statutory provisions apply.
5. Versions of these General Business Terms in other languages than German shall only serve for purposes of translation. The German version of these General Business Terms shall be solely decisive in case of interpretation problems, discrepancies due to language or contradictions with contents between the foreign and German version.
GENERAL TERMS AND CONDITIONS FOR EVENTS
AREA OF APPLICATION
1.1. The terms and conditions are valid for rental contracts of conference, banquet and event space provided by the hotel for the implementation of events, such as banquets, seminars, meetings, exhibitions and presentations, etc. as well as for all other services rendered in connection with the customer.
1.2. The subletting of the allocated rooms, spaces or display cabinets as well as invitations for interviews, sales conversations or similar events will require the prior written agreement of the hotel, whereby § 540 para. 1 sentence 2 BGB [German Civil Code] is waived if the customer is not a consumer.
1.3. General terms and conditions of the customer will only be valid with a prior written agreement with the hotel.
CONCLUSION OF CONTRAC, CONTRACT PARTNERS, LIABILITY, LIMITATION
2.1. Contract partners are the hotel and the customer. The contract will be valid with the hotel’ s acceptance of the customer’s request. The hotel is free to confirm the booking in written form.
2.2. The hotel is liable for damages harming life, body or health for which they are responsible. Furthermore, the hotel is liable for any damages, which are based on a willful or grossly negligent breach of duty or rather a willful or grossly negligent breach of contractual duties. The hotel is just as liable for a breach of duty by a legal agent as well as by an assistant. Other claims for damages are excluded, unless the circumstances are not otherwise regulated in section 9.
If there are any troubles or issues with the hotel services, the hotel will try to find a remedy, immediately after the customer's protest or the hotel’s knowledge thereof. The customer is responsible for assisting in a reasonable way by correcting the issue to keep the damage as minimal as possible. Furthermore, the customer is bound to inform the hotel in time in case of a possibility of extraordinary high damage.
2.3. All rights of refund against the hotel will fall under the statute of limitations one year after the legal commencement of limitation. The rights of refund for damages will lapse after five years, insofar as the damage has not harmed life, freedom or health. These kinds of rights of refund are limited to ten years. The reductions of limitation do not apply for willful or grossly negligent breaches of duties by the hotel.
SERVICES, PRICES, PAYMENT, CHARGING
3.1 . The hotel is responsible for performing the services, which have been booked by the customer and also have been confirmed by the hotel.
3.2. The customer is bound to pay the prices for the booked services, which have been agreed with the hotel, as well as services performed by a third party that have been booked directly by the customer or indirectly by the hotel. The same commitment applies in particular for outstanding debts from associations for copyright.
3.3. The agreed prices are included with the current legally applicable VAT. The prices will be adjusted accordingly in the event of changes to the legally applicable VAT or of the introduction, modification or cancellation of local fees to the object of service after conclusion of the contract. This only applies for contracts with consumers if a period of four months has been exceeded between conclusion of the contract and contract fulfillment.
3.4. Invoices of the hotel without a payment-date have to be paid without further discount within fourteen days after receipt of invoice. The hotel is authorised to demand the immediate payment of outstanding debts at any time. The hotel is also authorised to demand the current legal default interest with 8% (5% for legal transactions that involve consumers) above the base rate in the case of delayed payment. The hotel reserves the right to prove an even higher damage.
3.5. The hotel has the right to demand a deposit from the customer in the form of an advanced payment or credit card as guarantee. The amount of the pre-payment and the payment dates will be agreed in the contract.
3.6. In justified cases, such as outstanding payments of the customer or expansion of the contract scope, the hotel is authorised to demand an increase of the pre-payment or security deposit agreed in the contract to the full agreed compensation.
3.7. The customer will only be able to adjust the hotel’s demand with a legal binding request.
WITHDRAWAL OF THE CUSTOMER (cancellation)
A withdrawal from the concluded contract is only possible if a right to withdraw has been expressly agreed in the contract, another right of withdrawal exists or if the hotel expressly agrees to the termination of the contract. The agreement of a right of withdrawal as well as any other approval of a termination of the contract are recorded in writing in the contract
The hotel claims the right to demand an appropriate compensation depending on when the event is cancelled and what additional services, in particular catering, were agreed.
The hotel's claims regarding the amount of the space rental and the compensation result from the following list:
- Cancellation until the 60th day before the start of the event
Preconditioned that the hotel is able to sublet the spaces otherwise,
the room rental will not be charged..
- Cancellation from the 59th to the 30th day before the start of the event
50% of the space rental as well as 33% of the missed turnover will be charged.
In the event that the prices for the conference packages have not yet been determined,
the hotel will charge the conference rate and/or the minimum meal price according to the number of persons.
- Cancellation after the 29th day before the start of the event
80% of the space rental as well as 66% of the missed turnover will be charged.
In the event that the prices for the conference packages have not yet been determined,
the hotel will charge the conference rate and/or the minimum meal price according to the number of persons.
4.2 ROOM ALLOCATION (cancellation periods)
A cancellation of 100% of the room allocation is not possible anymore after conclusion of the contract. 25% of the room allocation can be cancelled free of charge twelve weeks before arrival. 10% of the room allocation can be cancelled free of charge two weeks before arrival.
4.3. Upon expiration of the aforementioned dates or exceeding the free cancellable amount of rooms, the rooms will be charged with the agreed room rates minus 10% for saved expenses, even though the customer has not made use of the rooms.
Unless a later arrival has been announced before 6.00 p.m. a room counts as unoccupied when the expected guest has not arrived by this point in time.
4.4. The hotel will only not charge the rooms if it has also completely agreed with the customer's request of total or partial cancellation of the contractual closed room allocation in written form. Furthermore, the hotel will deduct the turned earnings per night to the customer up to the agreed room rates insofar as the hotel was able to sublet the lost rooms otherwise.
4.5. Further rights and demands of the hotel are reserved. The customer claims the right to prove a lower damage for the hotel.
WITHDRAWAL OF THE HOTEL
5.1 Insofar as it has been agreed that the customer is allowed to withdraw from the contract within an agreed period of time free of charge, the hotel is allowed to withdraw from the contract in the same period as well. If there are inquiries from secondary customers for the contractual allocated conference spaces and the primary customer resigns his right of withdrawal after a further inquiry of the hotel within an appropriate period of time, the hotel is allowed to withdraw from the contract as well.
5.2. The hotel is also allowed to withdraw from the contract if an agreed or demanded advance deposit or security has not been made, even after an appropriate additional grace period granted by the hotel has elapsed (section 3.5).
5.3 Furthermore, the hotel is entitled to withdraw from the contract with objective reasons, especially when:
Force majeure or other circumstances, which cannot be represented by the hotel, will make the conformance of the contract impossible.
Conference spaces or rooms have been booked with misleading or false information. Essential here can be the identity of the customer, ability to pay or the purpose of stay of the customer.
The hotel has reasonable cause to believe that the event can jeopardise the smooth course of business, the security or the appearance of the hotel in public, without being attributable to the management or organisational area of the hotel.
The purpose or reason of the event are against the common law.
If there is a violation against section 1.2
The withdrawal of the hotel with objective reason does not justify a customer’s demand for compensation.
CHANGE OF THE NUMBER OF PARTICIPANTS AND TIMETABLE OF THE EVENT
6.1 In case of a raise to the number of participants of more than 5%, the hotel has to be informed 5 weekdays before start of the event. The hotel’s acceptance is necessary.
6.2 A reduction of 5% of the number of participants will be recognised in the invoice by the hotel.
In case of a reduction of more than 5%, the expected number of participants minus 5% will be
6.3 In case of a higher than expected number of participants, the actual number of participants will
6.4 The hotel is allowed to recalculate the agreed rates as well as to change the confirmed conference spaces and rooms in the event of a deviation of the number of participants by more
than 10%, unless this is unacceptable for the organiser.
6.5 The hotel is allowed to charge additional expenses for willingness to perform if the start and end
times are shifted without prior written acceptance of the hotel, unless it is the hotel’s fault.
BRINGING FOOD AND BEVERAGES
The customer is generally not allowed to bring food and beverages. Exceptions have to be agreed by the hotel. The hotel will be allowed to charge corkage for alcoholic drinks.
TECHNICAL EQUIPMENT AND ACCESS
8.1. Insofar the hotel was instructed by the customer to procure technical equipment or similar from a third party, the hotel will act with full authorisation on the customer’s account. The customer will be liable for the careful usage and the correct returning of the equipment. The customer will exempt the hotel from third party claims from the provision of this equipment.
8.2. The usage of the customer’s own electric equipment with the grid of the hotel will require the hotel’s acceptance. Damages or disturbances to the hotel’s technical systems caused by the usage of this equipment will be charged to the customer insofar it is not the hotel’s fault.
The hotel is allowed to charge a flat rate for the costs of power through the usage of the equipment.
8.3. Disturbances to technical or other equipment provided by the hotel will be corrected as far as possible. Fees cannot be retained or lowered insofar the disturbance is not the hotel’s fault.
LOSS OR DAMAGE OF BROUGHT GOODS/EQUIPMENT
9.1. Brought exhibition equipment or other personal objects are placed by the customer’s risk in the conference rooms or in the hotel area. The hotel will take no responsibility for lost or damaged objects, unless it was a culpable negligent or intentional behaviour of the hotel.
Hereof excepted are damages in harming life, body or health. Furthermore, all cases where storage is a typical contractual duty given the circumstances of the individual case are excluded from this liability disclaimer.
9.2. Brought decoration objects have to meet the standards for fire protection. Therefore the hotel has the right to request official proof. If the official proof has not been provided, the hotel is allowed to remove the objects at the customer’s expense. The placement of the objects hast to be agreed with the hotel in advance in order to prevent probable damages.
9.3 Brought exhibition equipment or other personal objects have to be removed immediately after the end of the event. If the customer fails to remove the objects from the room, the hotel is allowed to remove and store the objects at the customer’s expense. If the objects remain in the event room, the hotel may charge a reasonable compensation for use for the duration of the withholding of the room.
LIABILITY OF THE CUSTOMER FOR DAMAGES
10.1. If the customer is the contractor, then the customer is liable for all damage to the building or inventory caused by event participants or visitors, employees, other third parties from his area or himself.
10.2. The hotel claims the right to demand a reasonable collateral security such as in the form of a credit card guarantee.
11.1 Changes and additions to the contract, the acceptance of the contract or the general terms and conditions must be made in writing in order to be legally valid. Unilateral changes or additions by the customer are not valid.
11.2. The place of performance and payment is Schluchsee. The exclusive court of jurisdiction, also for check and exchange disputes in commercial transactions, is Stuttgart. If a contract partner meets the requirement of § 38 paragraph 2 CCP and has no general court of jurisdiction in Germany, the jurisdiction of the court is agreed as the city of Stuttgart.
11.3 German law shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.
11.4. If individual provisions of these general terms and conditions for events are ineffective or invalid, this shall not affect the effectiveness of the other provisions. The statutory provisions also apply.
Schluchsee / July 2014