General Terms and Conditions for the Hotel Accommodation Contract (AGBH)
I. Scope of application
- These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging purposes, as well as all other services and deliveries provided to the customer by the hotel (hereinafter referred to as the "hotel").
- Subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation shall require the prior written consent of the Hotel, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
- The customer's terms and conditions shall only apply if this has been expressly agreed in writing in advance.
- Furthermore, the additional terms and conditions agreed upon at the time of conclusion of the contract shall apply with priority.
II Conclusion of contract, contracting parties, limitation period
- The contract shall be concluded by the hotel's acceptance of the customer's application. The hotel shall be free to confirm the room reservation in writing.
- The contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
- All claims against the hotel are generally subject to a limitation period of one year from the beginning of the statutory limitation period. Claims for damages shall become statute-barred after five years, irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. Services, Prices, Payment, Offsetting
- The hotel is obligated to hold the rooms booked by the customer ready and to provide the agreed services.
- The customer is obligated to pay the hotel's agreed or applicable prices for the provision of the rooms and the other services used by the customer. This shall also apply to services and expenses of the hotel to third parties arranged by the customer. The agreed prices include the respective statutory value added tax.
- The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel's services or the customer's length of stay conditional upon an increase in the price for the rooms and/or for the hotel's other services.
- Invoices of the hotel without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default in payment, the hotel shall be entitled to charge interest at a rate of 8% or, in the case of legal transactions involving a consumer, 5% above the base rate. The hotel reserves the right to prove higher damages.
- The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.
- In justified cases, e.g. if the customer is in arrears with payment, the hotel shall be entitled, even after conclusion of the contract until the beginning of the customer's stay, to demand an advance payment or provision of security within the meaning of No. 5 above or to increase the advance payment or provision of security agreed in the contract up to the full agreed remuneration.
- The hotel is also entitled to demand from the customer at the beginning of and during the customer's stay an appropriate advance payment or security deposit within the meaning of No. 5 above for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with No. 6 or 7 above.
- The customer may only set off, reduce or exercise a right of retention against a claim of the hotel with an undisputed or legally binding claim.
- Pets may only be brought into the hotel with the hotel's prior consent and, if necessary, at a charge.
IV. Withdrawal by the Customer (I. E. Cancellation)/ Non-Acceptance of the Hotel's Services (NO SHOW)
- Cancellation by the customer of the contract concluded with the hotel requires the hotel's consent at least in text form. If this is not given, the agreed price under the contract shall be payable even if the customer does not make use of contractual services. In this case, the corresponding invoice shall be issued showing value added tax. If written consent to the customer's withdrawal is given by the hotel on condition that the customer must pay compensation for the rooms not used, the corresponding invoice shall be issued without showing sales tax. This shall apply subject to any change in the administrative instructions of the tax authorities. The provisions of the preceding paragraph shall not apply in the event of a breach of the hotel's obligation to show consideration for the rights, legal assets and interests of the customer if the customer can no longer reasonably be expected to adhere to the contract as a result or is entitled to any other statutory or contractual right of withdrawal.
- If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering any claims for payment or damages on the part of the hotel. The customer's right of withdrawal shall lapse if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless a case of withdrawal pursuant to Clause IV. item 1 sentence 6 exists.
- In the case of rooms not used by the customer, the hotel shall offset the income from renting the rooms to other parties and the expenses saved. If the rooms are not let to other parties, the hotel may demand the contractually agreed remuneration and make a flat-rate deduction for expenses saved by the hotel. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight accommodation with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is at liberty to prove that the aforementioned claim has not arisen or has not arisen in the amount demanded.
V. Cancellation by the hotel
- If it has been agreed in writing that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract during this period if there are enquiries from other customers for the contractually reserved rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel.
- If an advance payment or security deposit agreed or required above in accordance with Clause III Items 6 and/or 7 is not made, the hotel shall also be entitled to withdraw from the contract.
- Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
- Rooms are booked under misleading or false information of essential facts, e.g. in the person of the customer or the purpose of his stay;
- the hotel has reasonable grounds to assume that the use of the hotel service may jeopardise the smooth operation of the business, the security or the reputation of the hotel in public without this being attributable to the hotel's sphere of control or organisation;
- there is a breach of I. Clause 2 above.
- In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.
- The hotel may prevent unauthorised job interviews, sales and similar events or demand that they be cancelled. Newspaper advertisements containing invitations to job interviews or sales events as well as any kind of advertising, information and invitation with reference to the hotel (e.g. by using the hotel name) require the hotel's prior written consent.
- Should a claim for damages arise from the hotel against the customer in the event of a cancellation in accordance with numbers 2 and 3 above, the hotel may make a lump-sum payment for the claim. Clause IV No. 3 sentences 2 and 3 shall apply accordingly in this case. In such cases, the customer shall be entitled to prove that no damage or only minor damage has been incurred.
VI. Room provision, handover and return
- The customer does not acquire any claim to the provision of specific rooms.
- Booked rooms are available to the customer from 3.00 p.m. on the agreed day of arrival. The customer has no right to earlier availability. Unless a later arrival time has been expressly agreed or the room in question has been prepaid, the hotel has the right to assign booked rooms to other parties after 6 p.m. without the customer being able to derive any claim against the hotel from this. Claims of the hotel under clause IV remain unaffected by this provision.
- On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for late vacating of the room for its use in excess of the contract until 6.00 p.m., and 100% from 6.00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer shall be at liberty to prove that the hotel has not incurred any claim to a charge for use or that the claim is substantially lower.
VII Liability of the Hotel
- The Hotel shall be liable for its obligations under the contract with the due care and diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages arising from injury to life, body or health if the hotel is responsible for the breach of duty, and other damages based on an intentional or grossly negligent breach of duty by the hotel. A breach of duty by the hotel shall be deemed equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or defects in the hotel's services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer shall be obliged to contribute what is reasonable to him in order to remedy the disruption and minimise any possible damage. If the customer culpably fails to notify the hotel of a defect, he shall not be entitled to a reduction of the contractually agreed remuneration.
- The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of € 3,500, and for money, securities and valuables up to € 800. Money, securities and valuables can be stored in the hotel or room safe up to a maximum value of € 7,500. The hotel recommends making use of this possibility. Liability claims expire unless the customer notifies the hotel immediately after becoming aware of loss, destruction or damage (§ 703 BGB). Liability shall only exist if the rooms or containers in which the items were left were locked.
- Insofar as a parking space is made available to the customer in the hotel garage or in a hotel car park, even for a fee, this shall not constitute a safekeeping contract. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel's property and their contents, except in the case of intent or gross negligence. This also applies to vicarious agents of the hotel. Clause I, sentences 2 to 4 above shall apply accordingly.
- Wake-up calls shall be carried out by the hotel with the utmost care. Messages, mail and consignments of goods for the guests shall be handled with care. The hotel shall undertake the delivery, safekeeping and - on request - forwarding of the same against payment. Clause 1, sentences 2 to 4 above shall apply accordingly.
- Any items left behind by the customer shall only be forwarded at the customer's request, risk and expense. The hotel shall keep the items for three months, after which they shall be handed over to the local lost property office if there is a recognisable value. If there is no recognisable value, the hotel reserves the right to destroy the items after the expiry of this period.
VIII. Additional provisions for package tour contracts
- If, in addition to providing room and board, the hotel's obligation to perform consists of organising a leisure programme as its own paid service, this shall constitute a package tour contract.
- The contracting party may not assert any claims on account of changes, deviations or reductions in individual services within the scope of a package tour contract which become necessary after conclusion of the contract if they are merely insignificant.
- In the case of mediated services (not a package tour), the hotel shall not be liable for the provision of services by third party service providers or carriers, but only for the proper mediation of the travel service and for the proper transmission of the information of the service provider to the participant.
- In the case of a package tour, the hotel's liability for damages other than bodily injury shall be limited to three times the tour price, provided that damage to the contracting party was not caused intentionally or by gross negligence and provided that the hotel is solely responsible for damage incurred by the contracting party due to the fault of a service provider.
IX. Supplementary special regulations due to Corona, pandemic situations and force majeure
- If, due to decrees, general orders or administrative acts to combat or prevent the spread of the SARS-CoV-II virus ("Corona") or similar serious reasons of force majeure (external circumstances for which the hotel is not responsible), the hotel cannot be operated in part or in full and the guest cannot make use of the corresponding services, the hotel shall not be deemed to be in breach of its obligations. This shall apply irrespective of the time of the issuance of the ordinance, general ruling and administrative act.
- In the event that the hotel is prevented from fulfilling its contractual obligations for the reasons set out in Clause 1, the hotel shall be entitled, without compensation, to adjust its hotel services in accordance with the applicable legal framework.
- If the hotel operation is prohibited in its entirety, the hotel shall be entitled to offer the guest an alternative travel date. If the parties are unable to agree on an alternative travel date, both parties are entitled to withdraw from the affected contract by declaration in text form. In this case, the hotel's claim to remuneration for the booked services shall remain unaffected in the amount of 50%.
- During the guest's stay, the hotel shall have the right to demand that the guest comply with the applicable Corona rules (as evidenced by the applicable general orders, ordinances or laws or also the hygiene concept of the hotel itself) and to verify compliance. Should the applicable Corona rules be repeatedly and knowingly violated, the hotel has the right to terminate the accommodation contract with immediate effect for the protection of other guests and employees and to demand and enforce a departure of the guests. The hotel's claim to payment for the booked accommodation services shall remain unaffected.
X. Final Provisions
- Amendments or supplements to the contract, the acceptance of the application or these terms and conditions for hotel accommodation shall be made in writing. Unilateral amendments or supplements by the customer shall be invalid.
- The place of performance and payment shall be the registered office of the hotel.
- The exclusive place of jurisdiction - also for disputes concerning cheques and bills of exchange - in commercial transactions shall be Aachen. If a contracting party fulfils the prerequisite of § 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
- German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
- Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. The same shall apply in the event of an unintended loophole. In all other respects, the statutory provisions shall apply.