GENERAL TERMS AND CONDITIONS - page 2
IV. REPUDIATION BY CUSTOMER (CANCELLATION, ANNULMENT) / FAILURE TO USE HOTEL SERVICES (NO SHOW))1. Cancellation by the customer of the contract concluded with the hotel requires the hotel's consent in text form. If such is not given, then the price agreed in the contract must be paid even if the customer does not avail himself of the contractual services.
2. To the extent the hotel and customer agreed in text form upon a date for a costfree cancellation of the contract. the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of cancellation shall expire if he does not exercise his cancellation right in text form vis-à-vis the hotel by the agreed date.
3. If rooms are not used by the customer, the hotel must credit the income from renting the rooms to other parties and also for saved expenses. If the rooms are not otherwise rented, the hotel can demand the contractually agreed rate and assess a flat rate for the saved expenses of the hotel. In this case, the customer is obligated to pay at least 90 % of the contractually agreed rate for lodging with or without breakfast, 70 % for room and half-board, and 60 % for room and fullboard arrangements. The customer is at liberty to show that the abovementioned claim was not created or not created in the amount demanded.
V. CANCELLATION BY HOTEL1. Insofar as it was agreed in text form that the customer can cancel the contract at no cost within a certain time period, the hotel is entitled for its part to cancel the contract during this time period if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by the hotel, does not waive his right of cancellation.
2. If an agreed advance payment or an advance payment or security deposit demanded pursuant to Item clause III. No. 5 and/or No. 6 supra is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to cancel the contract.
3. Moreover, the hotel is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause. e.g. if - force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract; - rooms and spaces are reserved with culpably misleading or false information regarding material contractual facts, such as the identity of the customer or the purpose of his stay; - the hotel has justified cause to believe that use of the hotel's services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel's sphere of control or organization; - the purpose or the cause of the stay is illegal; - there is a breach of the above-mentioned Item clause I., No. 2 supra.
4. The customer can derive no damage compensation rights from justified cancellation by the hotel.
VI. ROOM AVAILABILITY, DELIVERY AND RETURN1. The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed in text form.
2. Reserved rooms are available to the customer starting at 3:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability.
3. Rooms must be vacated and made available to the hotel no later than 12:00 noon on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the hotel may charge 50 % of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 100 percent). Contractual claims of the customer shall not be established hereby. The customer is at liberty to prove that the hotel incurred no or much lesser claim to use damages.
4. The Hotels have non smoking rooms. For special cleaning costs, required in non smoking rooms in which guests have smoked, a flat rate charge of 120,-€ will be charged.