1. Area of validity
1.1 These General Terms and Conditions apply for the Hotel
Accommodation Contract as well as all other services and
supplies rendered to the Guests by the Hotel.
1.2. General Terms and Conditions of the Guest or the
Ordering Party, shall not apply unless expressly approved by
the Hotel in writing.
2. Conclusion of the Contract
2.1. Upon the Guest's request for reservation, a hotel
accommodation contract is brought about by the Hotel's
corresponding confirmation of the reservation.
2. 2. Contractual partners are the Hotel and the Guest. If a third
party has made the reservation on behalf of the Guest, this
party shall be liable vis-à-vis the Hotel jointly and severally with
the Guest for all obligations resulting from the Contract.
2.3. The limitation period for all claims of the Guest is 6
months.
3. Services, Prices, Payment
3.1. The Hotel is obliged to have the booked rooms available
according to the present General Terms and to fulfil the
services agreed.
3.2. The Guest is obliged to pay the prices applying to or
agreed on for the provision of accommodation and additional
services he / she has made use of. This also applies to
services and expenses of the Hotel vis-à-vis third parties
incurred for performances rendered upon the Guest's request.
3.3. The prices agreed include the applicable statutory Value
Added Tax, which is currently 19%. In c ase of an increase of
the VAT the Hotel may increase the contractually agreed price
accordingly.
3.4. The prices may be also changed by the Hotel if the Guest
subsequently wants to change the number of the booked
rooms, the arrival date, the service of the Hotel or the duration
of the Guests' stay and the Hotel gives its consent thereto.
3.5. The Hotel is entitled to request, on the conclusion of the
Contract or later, a reasonable advance payment or security.
The amount of the advance payment and its due date may be
agreed in the Contract in writing.
4. Revocation by the Guest, Cancellation
4.1. In order to revoke the Contract, the Guest needs the
confirmation of the hotel in writing.
4.2. If a Guest revokes the booking, the Hotel is entitled to
reasonable compensation.
4.3. If the Hotel has granted to the Guest an option to withdraw
from the Contract within a certain period without any further
legal consequences, the Hotel shall not be entitled to
compensation. For the question of whether the declaration of
revocation is made in due time, the receipt thereof by the Hotel
shall be decisive. The Guest must declare the revocation in
writing.
5. Revocation by the Hotel
5.1. If a revocation right free of charge has been granted to the
Guest, the Hotel shall likewise be entitled to revoke the
Contract within the agreed period.
5.2. In case an advance payment or security agreed is not
performed within a period prescribed for this purpose, the Hotel
is also entitled to revoke the Contract.
5.3. Moreover, the Hotel shall be entitled to extraordinary
revocation of the Contract for good cause, in particular, if
* force majeure, or other circumstances which do not fall under
the scope of responsibility of the Hotel make it impossible to
perform the Contract;
* misleading or incorrect statements of material facts have
been used in booking rooms, for example, with respect to the
person of the Guest, or the purpose;
* the Hotel has justified reason to assume that in case the
Guest makes use of the Hotel's services the smooth business
operations, safety, or reputation of the Hotel in the public may
be impeded, without such matters being attributable to the
Hotel's power of control or organisation;
* an unauthorised sub-lease exists;
* the Hotel has gained knowledge that the financial situation of
the Guest has considerably worsened after conclusion of
contract, in particular if the Guest does not pay for due claims
of the Hotel or does not provide sufficient security and as a
result payment claims of the Hotel appear to be endangered;
* the Guest has filed an application for the opening of
insolvency proceedings, made an affidavit according to Sec.
807 of the German Code of Civil Procedure, initiated extrajudicial
proceedings for the settlement of debts or suspended
its payments;
* insolvency proceedings are opened on the assets of the
Guest or the opening of the same is rejected for lack of assets
or any other reasons.
5.4. The Hotel is obliged to inform the Guest of the exercising
of the revocation right in writing without delay.
5.5. In the above cases of revocation the Guest is not entitled
to compensation for damage.
6. Arrival and Departure
6.1. The Guest is not entitled to the provision of certain specific
rooms unless the Hotel has confirmed the provision of certain
rooms in writing.
6.2. Booked rooms shall be at the Guest's disposal from 3.00
p.m. on the agreed date of arrival. The Guest shall not be
entitled to an earlier provision.
6.3. Booked rooms shall be taken by the Guest on the agreed
date of arrival by 6.00 p.m. at the latest. Unless a later time of
arrival has expressly been agreed, the Hotel shall have the
right to place, after 6.00 p.m., the booked rooms with other
guests, without the contractual party being able to claim any
compensation as a result thereof. In so far, the Hotel is entitled
to revocation.
6.4. On the agreed date of departure, the rooms shall be
vacated and at the Hotel's free disposal by 11.00 a.m. at the
latest.
7. Liability of the Hotel
7.1. The Hotel is liable for all damage arising from the injury to
life and limb according to the statutory provisions.
8. Final provisions
8.1. Changes or amendments to the Contract, in the
acceptance of the offer or to these General Terms and
Conditions for the Hotel Accommodation Contract shall be
made in writing. Unilateral changes or modifications on the part
of the customer shall be invalid.
8.2. Place of performance and payment shall be the registered
office of the Hotel.
8.3. Exclusive place of jurisdiction in the business transactions
- also in the case of disputed cheques and bills of exchange -
shall be the registered office of the Hotel. To the extent a
contractual partner does not have a general place of
jurisdiction within the territory of the Federal Republic of
Germany, the place of jurisdiction shall be the registered office
of the Hotel.
8.4. The laws of the Federal Republic of Germany shall apply.
8.5. 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 not be affected thereby. Moreover the statutory provisions
shall apply.
Version: June 2007