General Terms and Conditions for Hotel Accommodation Contract
I. Scope of Application
- These terms and conditions shall apply to contracts on the rented cession of hotel rooms for accommodation, as well as all further services and deliveries provided by the hotel for the customer.
- Sub- or reletting of the ceded rooms as well as their use for other than accommodation purposes shall require the prior written consent of the hotel, whereby § 540 Para. 1 Clause 2 of the German Civil Code shall be waived insofar as the customer is not a consumer.
- Terms and conditions of the customer shall only apply if this has been previously expressly agreed in writing.
II. Conclusion of Contract, Contractual Partners; Limitation
- The contract shall come into being through the acceptance of the application of the customer by the hotel. It shall be at the hotel’s discretion to confirm the booking of the room in writing.
- The contractual partners shall be the hotel and the customer. If a third party has ordered for the customer, he/she shall be liable to the hotel as joint debtor for all obligations arising from the hotel accommodation contract insofar as the hotel has a corresponding declaration of the third party.
- All claims against the hotel shall in principle lapse in one year from the beginning of the standard limitation period, subject to the necessary awareness, prescribed in § 199 Para. 1 of the German Civil Code. Damage claims shall lapse in five years irrespective of the necessary awareness. The reductions of limitation shall not apply to claims based on an intentional or grossly negligent dereliction of duty by the hotel.
III. Services, Prices, Payment, Offsetting
- The hotel shall be obliged to hold ready the rooms booked by the customer and to perform the agreed services.
- The customer shall be obliged to pay the prices of the hotel in force or agreed for the cession of rooms and the further services used by him/her. This shall also apply to services and outlays to third parties which the customer has occasioned.
- The agreed prices shall include the respective statutory value added tax. If the period between conclusion of contract and fulfilment of contract exceeds four months and the price generally charged by the hotel for such services rises, this may commensurately raise the contractually agreed price, but by no more than 5%.
- The prices may furthermore be changed by the hotel if the customer subsequently wishes changes in the number of booked rooms, the service of the hotel or the period of stay of the guests and the hotel agrees to this.
- Bills of the hotel without due date shall be payable without reduction within 10 days from delivery of the bill. The hotel shall be entitled to accelerate accrued claims at any time and demand immediate payment. In cases of delayed payment the hotel shall be entitled to demand statutory default interest in the amount currently of 8% above the base interest rate or, in the case of transactions in which a consumer is involved, in the amount of 5% over the base interest rate. The hotel shall retain the right to prove higher damages.
- The hotel shall be entitled on conclusion of contract or thereafter, taking into account the statutory provisions for package travel, to demand a commensurate prepayment or surety. The amount of the prepayment and the payment due dates may be agreed in writing in the contract.
- The customer may offset or abate against a claim of the hotel only with an undisputed or legally binding claim.
IV. Withdrawal of the Customer (i.e. Countermand, Cancellation) / Non-Use of the Services of the Hotel
- withdrawal by the customer from the contract concluded with the hotel shall require the written consent of the hotel. If this is not forthcoming, the agreed price in the contract shall be payable even if the customer does not make use of contractual services. This shall not apply in cases of violation of the hotel’s obligation to consider the rights, legally protected goods and interests of the customer if this means the customer can no longer be expected to adhere to the contract or if the customer is entitled to another legal or contractual right of withdrawal.
- Insofar as a deadline for a cost-free withdrawal was agreed in writing between the hotel and the customer, the customer may until then withdraw from the contract without inducing payment or damage claims from the hotel. The customer’s right of withdrawal shall expire if he/she does not exercise his/her right of withdrawal in writing to the hotel by the agreed deadline, insofar as no case of withdrawal of the customer obtains according to number 1, sentence 3.
- If the customer does not make use of rooms the hotel shall offset the income from other rental of the rooms as well as the expenses saved.
- It shall be at the hotel’s discretion to demand the contractually agreed payment and put the reduction for saved expenses in a lump sum. The customer shall in this case be obliged to pay at least 90% of the contractually agreed price for an overnight stay with or without breakfast, 70% for half board and 60% for full board arrangements. It shall be at the customer’s discretion to prove that the above-mentioned claim has not arisen or has not arisen in the amount demended.
V. Withdrawal by the Hotel.
- Insofar as a cost-free withdrawal by the customer within a certain period was agreed in writing, the hotel for its part shall be entitled to withdraw from the contract if there are enquiries from other customers about the contractually booked rooms and the customer on enquiry by the hotel does not waive his/her right of withdrawal.
- If an agreed prepayment or prepayment demanded according to Clause III No. 6 above has not been made once an appropriate grace period set by the hotel has elapsed, the hotel shall likewise be entitled to withdraw from the contract.
- The hotel shall furthermore be entitled to an extraordinary withdrawal from the contract for a materially justified reason, for example if
- force majeure or other circumstances for which the hotel is not answerable make the fulfilment of the contract impossible;
- rooms have been booked giving misleading or false statements of important facts. e.g. the identity of the customer or the purpose of the booking;
- the hotel has justified cause for the assumption that the use of the hotel’s services may lead to a threat to the smooth running of the business, to safety or to the public reputation of the hotel, without this being imputable to the domain or organisational area of the hotel;
- a violation against Clause I No. 2 above obtains.
- In the case of justified withdrawal by the hotel no claim by the customer to damages shall arise.
VI. Provision, Handover and Return of Rooms
- The customer shall acquire no claim to the provision of particular rooms.
- Booked rooms shall be available to the customer from 3 p.m. on the agreed arrival date. The customer shall have no claim to earlier provision.
- On the agreed departure date the rooms shall be made available vacant to the hotel by no later than 12 noon. After this, on the grounds of delayed vacation of the room, the hotel may charge 50% of the full lodging price (list price) for its use beyond the terms of the contract until 6 p.m., and after 6 p.m. 100%. This shall not be grounds for contractual claims by the customer. It shall be at the customer’s discretion to prove that no claim or a considerably lower claim by the hotel to remuneration for use has arisen.
VII. Liability of the Hotel
- The hotel shall be liable with the diligence of a prudent businessman for its obligations arising from the contract. Claims of the customer for damages shall be excluded. Excepted from this shall be damages arising from injuries to life, limb or health if the hotel is answerable for the dereliction of duty, other damages based on intentional or grossly negligent dereliction of duty by the hotel and damages based on an intentional or negligent dereliction by the hotel of duties typical to the contract. A dereliction of duty by the hotel shall be equal to that of a legal representative or agent. Should disruptions or defects in the services of the hotel arise, the hotel shall on becoming aware of this or on prompt complaint of the customer endeavour to provide a remedy. The customer shall be obliged to make a contribution reasonable to him/her to correcting the disturbance and minimising possible damage.
- For items brought in the hotel shall be liable to the customer according to the statutory provisions, which is to say one hundred times the price of the room, to a maximum of € 3,500, as well as for money, securities and valuables up to € 800. Money, securities and valuables may be kept in the hotel or room safe up to a maximum value of € (insert insurance sum of hotel). The hotel shall recommend that use be made of this option. The liability claims shall lapse if the customer after becoming aware of loss, destruction or damage does not immediately report this to the hotel (§ 703 of the German Civil Code). For further liability of the hotel the above number 1, sentences 2 to 4 shall apply accordingly.
- Insofar as a parking space is made available to the customer in the hotel garage or in a hotel car park, even for money, this shall not bring a contract of deposit into being. If vehicles parked or ranked on hotel property and their contents are lost or damaged the hotel shall not be liable except in the case of intent or gross negligence. Number 1, sentences 2 to 4 shall apply accordingly.
- Wake-up calls shall be executed by the hotel with the greatest care. Messages, post and shipments for guests shall be handled with care. The hotel shall undertake the delivery, storage and – on request – the forwarding for money of the same. Number 1, sentences 2 to 4 above shall apply accordingly.
VIII. Final Provisions
- Changes or addenda to the contract, the acceptance of orders or these terms and conditions for hotel accommodation shall be in writing. Unilateral changes or addenda by the customer shall be ineffective.
- The place of fulfilment and payment shall be the domicile of the hotel.
- The exclusive place of jurisdiction – including for cheque and currency disputes – shall in commercial transactions be the domicile of the hotel. Insofar as a contractual partner fulfils the requirements of § 38 Para. 2 of the German Code of Civil Procedure and has no general place of jurisdiction domestically, the place of jurisdiction shall be the domicile of the hotel.
- German law shall apply. The application of CISG and law of conflicts shall be excluded.
- Should individual provisions of these general terms and conditions for hotel accommodation be or become ineffective or null and void, this shall not affect the effectiveness of the remaining provisions. For the rest, the statutory regulations shall apply. April 2003 Hotelverband Deutschland (IHA) e.V.