HOTEL ACCOMMODATION CONTRACT

GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT

 (as of: October 2009)

 

 I. SCOPE

  1. These terms and conditions apply to contracts for leases from hotel rooms to the accommodation as well as all further services and deliveries of the hotel provided to the customer connected to said accommodation (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: lodging contract, guest contract, hotel contract, accomodation contract.
  2. Subletting or reletting of provided rooms as well as their use for purposes other than accomodation requires prior approval of the hotel in text form, waiving §540 (1) sentence 2 BGB if the customer is not a consumer.
  3. General terms and conditions of the customer only apply if this has previously been agreed on explicitly in text form.

 

II. CONTRACT CONCLUSION, CONTRACTING PARTIES, LIMITATION

  1. The contract becomes effective by the hotel's acceptance of the customer's request. The hotel is free to confirm the room reservation in text form.
  2. The hotel and the customer are the contracting parties. If a third party made a request for a customer, he and the customer are liable to the hotel as joint debtor for all obligations under the hotel accomodation contract, provided that the hotel has received such a statement by said third party.
  3. All claims agaisnt the hotel expire principally in one year from the statutory start of the limitation period. Claims for damages expire regardless of knowledge in five years, if said damage is not an injury to life, health or freedom. Such claims for damages expire regardless of knowledge in ten years. The reduction of limitation periods does not apply to claims concerning intentional or grossly negligent breaches of duty by the hotel.

 

III. SERVICES, PRICES, PAYMENT, OFFSETTING

  1. The hotel is obliged to provide the rooms booked by the customer and to render the agreed services.
  2. The customer is obliged to pay the agreed or applicable prices of the hotel for the provided rooms and further services used. This also applies to services and expenses of the hotel arranged by the customer for a third party. The agreed prices include the respective statutory sales tax.
  3. The hotel may make the acceptance of a subsequent reduction of number of rooms or services booked or the customer's duration of stay depend on the price for the rooms or for the other services of the hotel rising.
  4. Invoices of the hotel without a due date are due within 10 days from receipt of the invoice without deduction. The hotel can demand immediate payment of due claims from the customer at any time. In case of default of payment the hotel is entitled to demand the valid legal default interest at a current rate of 8 % or in case of legal transactions in which a consumer is involved, at a rate of 5% over the basic rate of interest. The hotel reserves the right to provide evidence of higher damages.
  5. The hotel is entitled, at the conclusion of the contract, to demand an appropriate advance payment or security from the customer in the form of a credit card guarantee, deposit or the like. The amount of the advance payment and the payment dates can be agreed in text form in the contract. In case of advance or security payments for a package tour the statutory provisions remain unaffected.
  6. In justified cases, such as arrears of the customer or the extension of the scope of the contract, the hotel is entitled to demand a prepaymenht or security deposit in the sense of no. 5 above or an increase of the prepayment or security deposit agreed in the contract up to the full agreed amount, even after the conclusion of the contract until the beginning of the stay.
  7. Furthermore, the hotel is entitled to demand a reasonable advance payment or security in the sense of no. 5 above for current and future claims of the contract from the customer at the beginning or during the stay of the customer if a payment of that sort in accordance with 5 and or 6 above has not been carried out yet.
  8. The customer can only offset or settle a claim by the hotel with an undisputable or legally binding claim.

 

IV. CANCELLATION BY THE CUSTOMER / NON-UTILISATION OF THE SERVICES OF THE HOTEL (NO SHOW)

  1. A cancellation of the contract concluded by the customer and the hotel requires the approval of the hotel in text form. Should that be withheld, the price agreed in the contract is to be paid even if the customer does not utilise contractual services.
  2. If the hotel and the customer set a date for cost-free withdrawal of the contract, the customer can withdraw from the contract until that date without giving rise to claims for payment or damages. The customer's right of withdrawal expires if the customer has not exercised it in text form by the agreed date.
  3. The hotel has to apply credit for the income from renting the rooms to other customers as well as for saved expenses. If the rooms are not rented to somebody else, the hotel can demand the contractually agreed price and deduce the saved expenses as lump sum. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half board and 60 % for full board arrangements. The customer has the right to provide proof that the aforementioned claims did not arise or that they did not arise to the extent claimed.

 

V. WITHDRAWAL BY THE HOTEL

  1. If it has been contractually agreed that the customer can withdraw from the contract free of charge within a specified period, the hotel, in turn, is entitled to withdraw from the contract, if other customers request the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry thereof by the hotel.
  2. If an agreed advance payment or an advance payment or security demanded pursuant to item III, no. 5 above is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
  3. Furthermore, the hotel is entitled to wirhdraw from the contract for an objectively justified reason, such as
  • force majeure or other circumstances for which the hotel is not responsible rendering the fulfillment of the contract impossible;
  • rooms turn out to have been booked culpably with misleading or false essential contractual information, for instance, concerning the identity of the customer or the purpose of the stay;
  • he hotel has reason to assume that the customer's use of the hotel's services may put the smooth operation, safety or the public reputation of the hotel at risk without attributing this to the domain or management of the hotel;
  • the purpose or occasion of the stay is unlawful;
  • item I no. 2 has been breached
  1. In case of justified withdrawal of the contract by the hotel, the customer has no claim for damages.

 

VI. ROOM PROVISION, CHECK IN, CHECK OUT

  1. The customer does not acquire the right to the availability of specific rooms unless otherwise explicitly agreed in text form.
  2. Booked rooms are available to the customer from 15:00 on the agreed arrival day. The customer has no right to have the room provided earlier.
  3. On the agreed departure day, the rooms are to be vacated and available to the hotel at 12:00 at the latest. After that, the hotel may, due to the late vacation of the room, charge for its use beyond the contractual limits until 6:00 p.m. 50% of the full lodging price (list price) and from 18:00 100%. Contractual claims of the customer shall not be established thereby. The customer has the right to provide proof that the hotel has no or a considerably small claim for charging for use.

 

VII. LIABILITY OF THE HOTEL

  1. The hotel is liable for its obligations under the contract. Claims of the customers for compensation are excluded. This does not account for damages of the sort of injury to life, body or health, if the hotel is responsible for the breach of duty, other damages caused by an intentional or grossly negligent breach of duty of the hotel as well as damages caused by an intentional or grossly negligent breach of contractual duties typical for this type of contract. A breach of duty of the hotel is equal to one of a legal representative or vicarious agent. If faults or deficiencies occur concerning the services, the hotel is obliged to take corrective action upon becoming aware of them or being immediately informed about them by the customer. The customer is obliged to contribute to a reasonable degree to correcting the fault and minimising the damage.
  2. The hotel is liable for objects brought into the hotel by the customer according to the legal requirements limiting the liability up to 100 times the room price but not exceeding an amount of € 3,500 and differently for cash money, securities and other valuables not exceeding an amount of € 800. Cash money, securities and valuables can be kept in the safe of the hotel or room up to a value of € (insert insured amount of the hotel). The hotel recommends making use of this facility.
  3. If a parking space in the hotel garage or on a hotel parking lot is provided to the customer, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss or damage of parked or maneuvered motor vehicles or their contents except in case of intent or gross negligence. The exclusion of claims for damages by the customer is subject to no. 1 sentences 2 to 4 above respectively.
  4. Wake-up services shall be performed by the hotel with utmost care. Messages, mail and shipments of goods for guests shall be treated with due diligence. The hotel takes care of the delivery, storage and if requested forwarding of such items for a charge. The exclusion of claims for damages by the customer is subject to no. 1 sentences 2 to 4 above respectively.

 

VIII. FINAL PROVISIONS

  1. Changes and amendments to the contract, the acceptance of a request or these general terms and conditions for the accommodation in the hotel shall be made in text form. Unilateral changes or amendments by the customer are invalid.
  2. Place of fulfillment and payment is the location of the hotel.
  3. Exclusive place of jurisdiction, also for lawsuits pertaining to cheque and exchange disputes, in commercial dealings, is the location of the hotel's registered office. If a contractual partner fulfills the requirement of §38 section 2 Code of Civil Procedure and does not have a domestic place of general jurisdiction, the location of the hotel's registered office shall be regarded as the place of jurisdiction.
  4. German law applies. The UN Sales Convention and the conflict of laws are excluded.
  5. Should any term or clause of these general terms and conditions in whole or in part be or become void or nugatory, the remaining terms or clauses remain valid. In all other respects legal regulations shall apply.

© Hotelverband Deutschland (IHA) e.V. as of: October 2009

 

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