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General Terms and Conditions for Hotel Accommodation Contracts

 

1. SCOPE
1.1. The terms and conditions apply to contracts for the rental use of hotel rooms for lodging purposes, as well as all the services in this regard for the customer other services provided by the hotel (Hotel Accommodation Contract). The term "Hotel Accommodation Contract" comprises and replaces the following terms: accommodation, lodging, hotel, hotel room contract.
1.2 The subletting or re-letting of the rooms and their use for purposes other than accommodation require the prior written consent of the hotel in writing, whereby § 540, ex-sentence 1 sentence 2 BGB will be waived.
1.3 General Terms and Conditions of the customer shall apply only if this has been expressly confirmed in writing to the hotel.
1.4 The hotel would like to emphasize that for the purpose of safety can be carried out video surveillance of the entire hotel and outdoor area.
 
2 CONCLUSION OF CONTRACT, PARTIES, STATUTE OF LIMITATIONS
2.1 Contractual partners are the hotel and the customer. The contract is concluded by the acceptance of the customer's application by the hotel, even verbally. The hotel is at liberty to confirm the room reservation in text form.
2.2 Any claims arising from the contract, incl. Compensation claims against the hotel shall lapse one year from the departure date, if they are not far from this to an injury to life, limb, health or freedom, or not on a deliberate or grossly negligent breach of duty Hotels based.
 
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obligated to keep the rooms reserved by the customer and to provide the agreed services.
3.2 The customer is obliged to accept the agreed or applicable for the rooms provided and for other services used by him in prices of hotel and pay. This also applies to the customer directly or through the hotel mandated services that are provided by third parties and incurred by the hotel.
3.3 The agreed prices include the date when the contract was concluded taxes and local charges. It does not include local taxes, which are payable by the guest after the relevant municipal law, such as tourist taxes or tourism taxes. When changing the statutory rate or the introduction, modification or abolition of local taxes on the subject of performance after conclusion, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion and fulfillment of the contract exceeds four months.
3.4 The hotel can make its agreement to the customer's later reduction in the number of reserved rooms, the hotel services or the duration of the customer dependent on the price of the room and / or increases for the other services of the hotel. The hotel can not sell elsewhere shared rooms, as a compensation to be paid minus savings.
3.5 Hotel invoices not showing a due date are within ten days from receipt of the invoice without deduction. The hotel may demand the immediate payment of overdue receivables at any time by the customer. In case of default, the Hotel is entitled to demand the respectively applicable statutory default interest in the amount of currently 8% or, with legal transactions with a consumer is involved in the amount of 5% above the base rate. The hotel reserves the right to prove greater damage.
3.6 The hotel is entitled to request from the customer upon conclusion of a reasonable advance payment or security, for example in the form of a credit card guarantee. The amount of the advance payment and payment dates may be agreed in the contract in writing. With advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.
3.7 In justified cases, for example, payment arrears of customers or expand the scope of the contract, the hotel is entitled, even after conclusion of the contract and before the start of the stay an advance payment or security deposit within the meaning of the above paragraph 3.6 or an increase in the agreed in the contract advance payment or security to the full agreed compensation demand.
Done 3.8 The hotel is also entitled to demand at the beginning of the customer's stay the payment of the contract price as a security deposit within the meaning of the above paragraph 3.6 for existing and future claims arising from the contract, insofar as such has not been according to the above paragraph 3.6 and / or point 3.7 has been.
3.9 The customer may only offset undisputed or legally binding claim against a claim by the hotel or charge.
 
4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION, ANNULMENT) / FAILURE TO USE HOTEL SERVICES (NO SHOW)
4.1 Cancellation by the customer of the contract concluded with the hotel is only possible if a right of withdrawal in the contract expressly agreed, another statutory right of withdrawal or if the hotel is the avoidance of the contract expressly agrees. The agreement of a right of withdrawal and the eventual consent to termination of the contract must be in writing in each case.
4.2 Insofar as the hotel and the customer a date for a cost-free cancellation of the contract was agreed, the customer may rescind the contract, without incurring payment or damage compensation claims by the hotel. The right of withdrawal of the customer expires if he does not exercise his cancellation right in front of the hotel by the agreed date.
4.3 If a right of withdrawal has not been agreed or are already extinct, there is also no statutory rescission or termination right and the hotel agrees to a termination of the contract is not in writing, the hotel retains the right to the agreed remuneration, despite non-utilization of capacity. The hotel must apply credit for the expenses saved. The hotel flat-rate deduction for saved expenses. The customer is obliged in this case, at least 90% of the contractually agreed rate for lodging with or without breakfast and for package tours with third-party services, to pay 70% for half and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim is not created or not created in the amount demanded.
 
5 CANCELLATION BY HOTEL
Was 5.1 Unless agreed upon that the customer can withdraw within a certain period free from the contract, the hotel is entitled for its part during this period, withdraw from the contract if there are inquiries from other customers regarding the contractually reserved rooms and the customer, upon inquiry of the hotel with reasonable deadline on his right of rescission does not waive.
Hotel 5.2 If an in accordance with Clause 3.6 and / or Section not done 3.7 agreed or demanded advance payment or security even after a reasonable grace period set by the hotel, is also entitled to rescind the contract, the customer shall nevertheless remain liable for damages.
5.3 In addition, the hotel is entitled to effect extraordinary cancellation of the contract for justifiable cause, in particular if force majeure or other circumstances beyond the hotel is not make the fulfillment of the contract impossible; - Rooms and spaces are booked culpably using misleading or false information, or disclosure of material facts (much can the identity of the customer, the ability to pay or the purpose of residence to be); - The hotel has justified cause to believe that use of the services might jeopardize the smooth operation, security or reputation of the hotel in public, without being attributable to the management or organization of the hotel; - The purpose or the cause of the stay is illegal; or a breach of Clause 1.2 above is present.
5.4 The authorized cancellation by the hotel does not establish the customer's claim for damages. The demands of the hotel from the concluded contract are nevertheless subject to the customer in case of culpable dismissal by the hotel.
5.5 The hotel can be provide by third parties its performance in individual exceptional cases explicitly. It must ensure that the compensation offered is at least equivalent and has to keep the customer of any additional dates.
 
6 ROOM AVAILABILITY, DELIVERY AND RETURN
6.1 The customer has no right to be provided specific rooms insofar as this was not confirmed, and especially writing.
6.2 Reserved rooms are available to the customer from 15:00 clock the agreed day of arrival. The customer has no right to earlier availability unless another arrangement has been expressly agreed or an earlier date may be possible and will be granted.
6.3 On the agreed day of departure the rooms are to provide the hotel vacated at 11:00 clock at the latest available. Afterwards the hotel due to the delayed vacating of the room for use exceeding the contractual time to 18:00 clock 50% of the full accommodation rate (list price) into account, from 18:00 clock 90%. Contractual claims of the customer shall be created thereby. The customer is at liberty to prove that the hotel incurred no user fee is incurred.

7 LIABILITY OF THE HOTEL
7.1 The hotel shall be liable for damages resulting from injury by him to life, limb or health. Furthermore, it is liable for other damages which are based on an intentional or grossly-casual breach of obligation or on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of obligation by a legal representative or vicarious agent. Further damage claims are not otherwise regulated in this Clause 7, excluded. Should disruptions or defects in the performance of the hotel occur, the hotel will endeavor with knowledge or on immediate complaint of the customer, to take remedial action. The customer is obligated to contribute reasonable to eliminate the disruption and to keep any possible damage at a minimum.
7.2 for property brought into the hotel is liable to the customer in accordance with the statutory provisions. The hotel recommends the use of the hotel or in-room safes. Unless einzu- the host money, securities and valuables with a value of more than 800 Euro
bring wishes, this requires a separate written retention agreement with the hotel.
7.3 If the customer is a parking space in the hotel garage or in the hotel parking lot, even if a fee is provided, this does not constitute a safekeeping agreement. For loss of or damage to the hotel property parked or motor vehicles and their contents the hotel shall only be liable in accordance with paragraph 7.1, sentences 1 to 4. Otherwise, apply to the use of parking spaces our special setting conditions.
7.4 Wake-up calls are carried out with the utmost care. Messages, mail and merchandise deliveries for guests are handled with care. The hotel will deliver, hold, and - upon request - for a fee forward such items. The hotel is only liable in accordance with paragraph 7.1, Clauses 1 to 4. FIG.
7.5 The hotel provides its energy technology and wireless infrastructure to the customer under the contract on loan, z. T. for an additional fee with enhanced services and contract. It seeks this always ready reproach on technically high-quality status. A possibly temporarily technically induced problems is not a reason reduction.
 
8 FINAL PROVISIONS
8.1 Changes and additions to the contract, the acceptance of these General Terms and Conditions must be made in writing. Unilateral changes or additions by the customer are invalid.
8.2 fulfillment and payment, as well as exclusive place of jurisdiction - also for check and exchange disputes - for commercial transactions is the hotel, Walsrode seat.
Insofar as a contracting party fulfills the requirements of § 38 paragraph has 2 ZPO and has no general jurisdiction in Germany, the courts at the seat of the hotel.
8.3 German law applies. The application of the CISG and the conflict of laws is excluded.
8.4 If any provision of these terms and conditions be invalid or void, so the validity of the remaining provisions shall not be affected. Otherwise, the statutory provisions apply.
8.5 Stand: August 1, 2015


 

Setting conditions for the hotel parking (AGBP)

1 RENTAL AGREEMENT
1.1 As part of the hotel accommodation contract, the hotel, to the extent available and not otherwise occupied, an unattended car park free of charge. However, there is no right to a free, unguarded parking.
1.2 With the acceptance of the parking ticket and / or driving into the parking garage or the car park (hereinafter: "the parking area") is established between the Hotel and the tenant a lease for the desired by the tenant parking time within the opening hours of this setting conditions for a carport materialize.
1.3 In all kinds Park neither guarding nor custody are the subject of this contract. The hotel accepts no care or special care obligations for brought by the tenant matters. The user should leave no valuables in your car.
1.4 The hotel would like to emphasize that for the purpose of safety can be carried out video surveillance of the entire hotel and outdoor area.
2 TERMS OF USE
2.1 The tenant is obliged to comply with the required diligence in traffic. In particular, the mounted in the parking area special traffic rules and safety regulations must be observed. Instructions of the hotel staff that serve the safety or affect the house rules are always to be followed immediately. Furthermore, the provisions of the Highway Code apply accordingly. On special signs to look for. The terms and conditions of the highway code. Maximum speed is 10 MPH.
2.2 Vehicles may only be parked within the marked parking spaces, ausgenom-men by signs for permanent users or other tenants reserved seats. The hotel is entitled to implement incorrectly parked vehicles by taking appropriate measures at the expense of the tenant or to be implemented. For this purpose, the hotel charge a flat rate; the tenant can prove in this case that the costs incurred or that are substantially lower than the lump sum.
2.3 The hotel is also entitled to remove the vehicle by the renter in exigent circumstances, from the parking area or have them removed.
2.4 Each tenant is advised to always lock his vehicle after leaving it carefully and not to leave valuables.
 2.5 The opening times can be found in the respective notice boards.