GENERAL TERMS AND CONDITIONS - page 1
I. SCOPE of APPLICABILITY1. These Terms and Conditions govern contracts for the rental use of hotel of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel for the customer in this connection (Hotel Accommodation Contract). The term Hotel Accommodation Contract comprises and replaces the following terms: accommodation, lodging, hotel, hotel room contract.
2. The prior consent in text form of the hotel is required if rooms provided are to be sublet or rented to other parties or used other than for lodging purposes, whereby section 540. para. 1. sentence 2 German Civil Code is waived insofar as the customer is not a consumer.
3. The customer's general terms and conditions shall apply only if these are previously expressly agreed in text form.
II. CONCLUSION OF CONTRACT, PARTIES, STATUTE OF LIMITATIONS1. The contract shall come into force upon the hotel's acceptance of the customer's application. At its discretion, the hotel may confirm the room reservation in text form.
2. The parties to the contract are the hotel and the customer. If a third party placed the order on behalf of the customer, then that party shall be liable vis-à-vis the hotel for all obligations arising from the hotel accommodation contract as joint and several debtor together with the customer, insofar as the hotel has a corresponding statement by the third party.
3. Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period. Damage claims shall be time-barred after five years, independent of knowledge insofar as they are not based on claims arising out of death, injury to body, health or liberty. These damage claims shall be time-barred after ten years, independent of knowledge. The reduction of the statute of limitation periods shall not apply for claims which are based on an intentional or grossly negligent breach of obligation by the hotel.
III. SERVICES, PRICES, PAYMENT, SET-OFF1. The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.
2. The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services used. This shall also apply to the hotel's services and outlays to third parties caused by the customer. The agreed prices shall include the respective statutory Value Added Tax.
3. The hotel can make its agreement to the customer's later request for a reduction of the number of reserved rooms, services of the hotel or the customer's length of stay dependent upon the increase of the price for the rooms and/or for the other services.
4. Hotel invoices not showing a due date are payable and due within ten days of receipt of the invoice without deduction. The hotel shall be entitled at any time to make accumulating accounts receivable payable and due and to demand payment without undue delay. With default of payment, the hotel shall be entitled to demand the respectively applicable statutory default interest in the amount of currently 8 % or, with legal transactions with a consumer, in the amount of 5 % above the base interest rate. The hotel reserves the right to prove greater damage.
5. The hotel is entitled to require a reasonable advance payment or security deposit from the customer upon conclusion of the contract in the form of a credit card guarantee, an advance payment, etc. The amount of the advance payment and payment dates may be agreed in text form in the contract. With advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.
6. In justified cases, e.g. the customer's default in payment or expansion of the scope of the contract, the hotel shall be entitled, also after the conclusion of the contract up to the commencement of the stay, to demand an advance payment or security deposit within the meaning of the above-mentioned No. 5 or an increase of the advance payment or security deposit agreed in the contract up to the total agreed remuneration.
7. Furthermore, the hotel shall be entitled, at the commencement and during the customer's stay, to demand a reasonable advance payment or security deposit within the meaning of the above-mentioned No. 5 for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned No. 5 and/or No. 6.
8. The customer may only set-off or reduce or clear a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.