Terms & Conditions
General Terms and Conditions for Events
Version December 2009
APPLICABILITY
1. These Terms and Conditions govern contracts for the rental of the hotels conference, banquet, and convention rooms for events such as banquets, seminars, conferences, etc., as well as all other associated services and goods provided by the hotel.
2. The hotels prior written consent is required if the rooms, areas, or display cases are to be rented or sublet to a third party, or if invitations are issued for introductory interviews, sales promotions, or similar events.
3. The event organizers terms and conditions apply only if this is expressly agreed in writing.
CONCLUSION OF CONTRACT; PARTIES; LIABILITY
1. The contract is made by force of the hotels application acceptance (confirmation) to the event organizer. They are the parties to the contract.
2. If the customer/orderer is not the event organizer, or if a commercial agent or organizer is being used by the event organizer, then these parties are liable together with the event organizer as joint and several debtors for all obligations originating in the contract.
3. The hotel is liable for its obligations originating in the contract. Its liability is limited to defects of performance attributable to intent or gross negligence on the part of the hotel, except in the area typical for the performance. In addition, the event organizer is obligated to notify the hotel in due time if there is a possibility extraordinarily extensive damage may be incurred.
SERVICES, PRICES; PAYMENT
1. The hotel is obligated to render the services ordered by the event organizer and agreed by the hotel.
2. The event organizer is obligated to pay the hotels prices agreed for such services. This also applies to services and expenses of the hotel to third parties incurred in connection with the event.
3. Value-added tax as required by law is included in the agreed prices. If the period between conclusion of the contract and the event exceeds four months and if the price generally charged by the hotel for such services increases, then the agreed price may be raised to a reasonable degree, not to exceed ten percent.
4. Invoices from the hotel not stating a due date are due and payable in full within ten days of receipt. In the event of delay in payment, the hotel is entitled to charge interest at a rate four percent above the German Bundesbanks current discount rate. The event organizer and the hotel reserve the right to prove lower or higher actual damages, respectively.
5. The hotel is entitled to require a reasonable advance payment at any time. The amount and date of the advance payment may be agreed in writing in the contract.
RESCISSION BY THE HOTEL
1. If the advance payment is not made even after a reasonable grace period set by the hotel has expired with warning of rejection having been given, then the hotel is entitled to rescind the contract.
2. Furthermore the hotel is entitled to rescind the contract for justifiable cause, examples being:
3. If acts of God or other circumstances beyond the hotels control render fulfillment of the contract impossible;
4. If events are booked using misleading or false representation of major facts such as the event organizer or purpose;
5. If the hotel has good reason to assume that the event might jeopardize the hotels smooth operations, security, or public reputation without these being attributable to the hotels sphere of dominion or organization;
6. If there is an infringement of item Applicability (2) above.
7. The hotel must inform the event organizer without delay that it is exercising its right of rescission.
8. The event organizer does not derive any right to compensatory damages from the hotel, except in cases of intentional or grossly negligent behavior on the part of the hotel.
RESCISSION BY THE EVENT ORGANIZER (CANCELLATION)
1. In the event of rescission by the event organizer, the hotel is entitled to charge the agreed rent if further rental is no longer possible.
2. If the event organizer cancels between the eighth and fourth week prior to the date of the event, the hotel is entitled to charge - in addition to the agreed rent - 35 percent of lost food sales (70 percent of food sales for any later cancellation).
3. Food sales are calculated using the following formula: menu price banquet times the number of persons. If no price had yet been agreed for the menu, the least expensive three-course menu in the current set of event offerings is used.
4. This is taken to cover expenses which are saved per items (2) and (3) above. The event organizer and the hotel reserve the right to prove lower or higher actual damages, respectively.
CHANGES IN NUMBER OF PARTICIPANTS AND TIME OF EVENT
1. If the number of participants changes by more than five percent, the banquet department must be informed at least five business days before the start of the event. Such change must be approved by the hotel.
2. A drop in the number of participants of no more than five percent will be acknowledged by the hotel in its charges. For changes exceeding this amount, the originally stated number of participants minus five percent will be used.
3. If there is an upward change, charges will reflect the actual number of participants.
4. If the number of participants changes by more than ten percent, the hotel is entitled to reset the agreed prices and to exchange the confirmed room reservations unless this is unacceptable to the event organizer.
5. If the events agreed starting or ending times change without the hotels prior written consent, the hotel may charge for the added cost of stand-by service, unless the hotel bears blame.
BRINGING FOOD AND BEVERAGES
The event organizer may not bring food or beverages to events. Exceptions must be agreed in writing with the banquet department. In such cases a charge will be made to cover overhead expenses.
TECHNICAL FACILITIES AND CONNECTIONS
1. To the extent the hotel obtains technical and other facilities or equipment from third parties for the event organizer at the event organizers request, it does so on behalf, by authority, and on the account of the event organizer. The event organizer is responsible for the careful handling and proper return of the equipment. The event organizer releases the hotel from all third-party claims arising from the provision of the facilities or equipment.
2. Written consent is required for using the event organizers electrical systems on the hotels electrical circuit. The event organizer is liable for malfunctions of or damage to the hotels technical facilities caused by using such equipment, to the extent the hotel is not at fault. The hotel may charge a flat fee for electricity costs incurred through such usage.
3. The event organizer is entitled to use own telephone, telefax, and data transfer equipment with the hotels consent. The hotel may charge a connection fee.
4. If suitable equipment of the hotels goes unused because the event organizers own equipment is connected, a charge may be made for lost revenue.
5. Malfunctions of technical or other equipment provided by the hotel will be remedied immediately whenever possible. To the extent the hotel was not responsible for such malfunctions, payment may not be withheld or reduced.
LOSS OF OR DAMAGE TO PROPERTY BROUGHT IN
1. Objects for exhibit or other items including personal property brought into the event rooms/hotel are there at the risk of the event organizer. The hotel assumes no liability for loss, destruction, or damage to or of such objects, excepting cases of gross negligence or intent on the part of the hotel.
2. Decorations brought in must conform to the fire code. The hotel is entitled to require official evidence thereof. Due to the possibility of damage, the hotel must be asked before objects are assembled or installed.
3. Objects for exhibit and other items must be removed immediately following the end of the event. If the event organizer fails to do so, the hotel may remove and store them at the event organizers expense. If the objects remain in the room used for the event, the hotel may charge rent for the period they remain there. The event organizer and the hotel reserve the right to prove lower or higher actual damages, respectively.
EVENT ORGANIZERS LIABILITY FOR DAMAGE
1. The event organizer is liable for all damage to building or furnishings caused by participants in or visitors to the event, employees, other third parties associated with the event organizer, and the event organizer him- or herself.
2. The hotel may require the event organizer to provide reasonable security (e.g., insurance, security deposits, sureties).
FINAL PROVISIONS
1. Changes or supplements to the contract, the application acceptance, or these Terms and Conditions for Events should be made in writing. Unilateral changes and supplements by the event organizer are invalid.
2. Place of performance and payment is the location of the hotels registered office.
3. In the event of litigation the courts at the location of the hotels registered office have exclusive jurisdiction for commercial transactions, including disputes regarding checks and bills of exchange. To the extent a party fulfills the requirement of the German Code of Civil Procedure, section 38, subsection 1, and does not maintain a general domestic venue, the courts at the location of the hotels registered office have exclusive jurisdiction.
4. The contract is governed by and construed in accordance with German law.
5. Should individual provisions of these General Terms and Conditions for Events be invalid or void, the validity of the remaining provisions remains unaffected thereby. Moreover, the statutory provisions apply.
General Terms and Conditions for Hotel Accommodation Contracts
Version December 2009
I. SCOPE OF APPLICABILITY
1. These Terms and Conditions govern contracts for the rental use 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 LIMITATIONS
1. The contract shall come into force upon the hotel’s acceptance of the cus-tomer’s application. At its discretion, the hotel may confirm the room reserva-tion 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 obliga-tion by the hotel.
III. SERVICES, PRICES, PAYMENT, SET-OFF
1. 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 reduc-tion 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 enti-tled 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 provi-sions 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 in-crease 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 ac-counts 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.
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 con-tractual services.
2. To the extent the hotel and customer agreed in text form upon a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the ho-tel. 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 cus-tomer is obligated to pay at least 90 % of the contractually agreed rate for lodg-ing with or without breakfast, 70 % for room and half-board, and 60 % for room and full-board arrangements. The customer is at liberty to show that the above-mentioned claim was not created or not created in the amount demanded.
V. CANCELLATION BY HOTEL
1. 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 ho-tel is likewise entitled to cancel the contract.
3. Moreover, the hotel is entitled to effect extraordinary cancellation of the con-tract 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 informa-tion regarding material contractual facts, such as the identity of the cus-tomer 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 or-ganization;
- 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 cancel-lation by the hotel.
VI. ROOM AVAILABILITY, DELIVERY AND RETURN
1. 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 de-layed 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 lib-erty to prove that the hotel incurred no or much lesser claim to use damages.
VII. LIABILITY OF THE HOTEL
1. The hotel is liable for the performance of its obligations arising from the con-tract. Claims of the customer for reimbursement of damages are precluded ex-cept for such which result from death, injury to body or health and the hotel is responsible for the breach of the obligation, other damage which is caused by an intentional or grossly negligent breach of obligation and damage which is caused from an intentional or negligent breach of obligations of the hotel which are typical for the contract. A breach of obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or vicarious agent. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection by the cus-tomer made without undue delay. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.
2. The hotel is liable to the customer for property brought into the hotel in accor-dance with the statutory provisions. Accordingly, the liability is limited to,one hundred times the room rate but, however, a maximum amount of € 3,500.00 and,in deviation, for cash, securities and valuables, a maximum amount up to € 800.00. Cash, securities and valuables up to a maximum value of € 800.00 may be stored in the hotel safe or room safe. The hotel recommends that guests make use of this possibility.
3. Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and the contents thereof, except for cases of intent or gross negligence. For the preclusion of damage claims of the customer, the regulation of the above-mentioned No. 1, sentences 2 to 4 supra shall apply respectively.
4. Wake-up calls are carried out by the hotel with the greatest possible diligence.
Messages, mail, and merchandise deliveries for guests shall be handled with care. The hotel will deliver, hold, and, for a fee, forward such items (on re-quest). For the preclusion of damage claims of the customer, the regulation of the above-mentioned No. 1, sentences 2 to 4 supra shall apply respectively.
VIII. FINAL PROVISIONS
1. Amendments and supplements to the contract, the acceptance of applications or these General Terms and Conditions should be made in text form. Unilateral amendments and supplements by the customer are not valid.
2. Place of performance and payment is the location of the hotel.
3. In the event of dispute, including disputes for checks and bills of exchange, the courts at Lüneburg shall have exclusive jurisdiction for commercial transac-tions. Insofar as a contracting party fulfils the requirements of section 38, para. 2 of the German Code of Civil Procedure and does not have a general venue within the country, the courts at Lüneburg shall have jurisdiction.
4. The contract is governed by and shall be construed in accordance with the laws of the Federal Republic of Germany. The application of the UN Convention on the International Sale of Goods and Conflict Law are precluded.
5. Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall remain un-affected thereby. The statutory provisions shall also be applicable.
Version December 2009
APPLICABILITY
1. These Terms and Conditions govern contracts for the rental of the hotels conference, banquet, and convention rooms for events such as banquets, seminars, conferences, etc., as well as all other associated services and goods provided by the hotel.
2. The hotels prior written consent is required if the rooms, areas, or display cases are to be rented or sublet to a third party, or if invitations are issued for introductory interviews, sales promotions, or similar events.
3. The event organizers terms and conditions apply only if this is expressly agreed in writing.
CONCLUSION OF CONTRACT; PARTIES; LIABILITY
1. The contract is made by force of the hotels application acceptance (confirmation) to the event organizer. They are the parties to the contract.
2. If the customer/orderer is not the event organizer, or if a commercial agent or organizer is being used by the event organizer, then these parties are liable together with the event organizer as joint and several debtors for all obligations originating in the contract.
3. The hotel is liable for its obligations originating in the contract. Its liability is limited to defects of performance attributable to intent or gross negligence on the part of the hotel, except in the area typical for the performance. In addition, the event organizer is obligated to notify the hotel in due time if there is a possibility extraordinarily extensive damage may be incurred.
SERVICES, PRICES; PAYMENT
1. The hotel is obligated to render the services ordered by the event organizer and agreed by the hotel.
2. The event organizer is obligated to pay the hotels prices agreed for such services. This also applies to services and expenses of the hotel to third parties incurred in connection with the event.
3. Value-added tax as required by law is included in the agreed prices. If the period between conclusion of the contract and the event exceeds four months and if the price generally charged by the hotel for such services increases, then the agreed price may be raised to a reasonable degree, not to exceed ten percent.
4. Invoices from the hotel not stating a due date are due and payable in full within ten days of receipt. In the event of delay in payment, the hotel is entitled to charge interest at a rate four percent above the German Bundesbanks current discount rate. The event organizer and the hotel reserve the right to prove lower or higher actual damages, respectively.
5. The hotel is entitled to require a reasonable advance payment at any time. The amount and date of the advance payment may be agreed in writing in the contract.
RESCISSION BY THE HOTEL
1. If the advance payment is not made even after a reasonable grace period set by the hotel has expired with warning of rejection having been given, then the hotel is entitled to rescind the contract.
2. Furthermore the hotel is entitled to rescind the contract for justifiable cause, examples being:
3. If acts of God or other circumstances beyond the hotels control render fulfillment of the contract impossible;
4. If events are booked using misleading or false representation of major facts such as the event organizer or purpose;
5. If the hotel has good reason to assume that the event might jeopardize the hotels smooth operations, security, or public reputation without these being attributable to the hotels sphere of dominion or organization;
6. If there is an infringement of item Applicability (2) above.
7. The hotel must inform the event organizer without delay that it is exercising its right of rescission.
8. The event organizer does not derive any right to compensatory damages from the hotel, except in cases of intentional or grossly negligent behavior on the part of the hotel.
RESCISSION BY THE EVENT ORGANIZER (CANCELLATION)
1. In the event of rescission by the event organizer, the hotel is entitled to charge the agreed rent if further rental is no longer possible.
2. If the event organizer cancels between the eighth and fourth week prior to the date of the event, the hotel is entitled to charge - in addition to the agreed rent - 35 percent of lost food sales (70 percent of food sales for any later cancellation).
3. Food sales are calculated using the following formula: menu price banquet times the number of persons. If no price had yet been agreed for the menu, the least expensive three-course menu in the current set of event offerings is used.
4. This is taken to cover expenses which are saved per items (2) and (3) above. The event organizer and the hotel reserve the right to prove lower or higher actual damages, respectively.
CHANGES IN NUMBER OF PARTICIPANTS AND TIME OF EVENT
1. If the number of participants changes by more than five percent, the banquet department must be informed at least five business days before the start of the event. Such change must be approved by the hotel.
2. A drop in the number of participants of no more than five percent will be acknowledged by the hotel in its charges. For changes exceeding this amount, the originally stated number of participants minus five percent will be used.
3. If there is an upward change, charges will reflect the actual number of participants.
4. If the number of participants changes by more than ten percent, the hotel is entitled to reset the agreed prices and to exchange the confirmed room reservations unless this is unacceptable to the event organizer.
5. If the events agreed starting or ending times change without the hotels prior written consent, the hotel may charge for the added cost of stand-by service, unless the hotel bears blame.
BRINGING FOOD AND BEVERAGES
The event organizer may not bring food or beverages to events. Exceptions must be agreed in writing with the banquet department. In such cases a charge will be made to cover overhead expenses.
TECHNICAL FACILITIES AND CONNECTIONS
1. To the extent the hotel obtains technical and other facilities or equipment from third parties for the event organizer at the event organizers request, it does so on behalf, by authority, and on the account of the event organizer. The event organizer is responsible for the careful handling and proper return of the equipment. The event organizer releases the hotel from all third-party claims arising from the provision of the facilities or equipment.
2. Written consent is required for using the event organizers electrical systems on the hotels electrical circuit. The event organizer is liable for malfunctions of or damage to the hotels technical facilities caused by using such equipment, to the extent the hotel is not at fault. The hotel may charge a flat fee for electricity costs incurred through such usage.
3. The event organizer is entitled to use own telephone, telefax, and data transfer equipment with the hotels consent. The hotel may charge a connection fee.
4. If suitable equipment of the hotels goes unused because the event organizers own equipment is connected, a charge may be made for lost revenue.
5. Malfunctions of technical or other equipment provided by the hotel will be remedied immediately whenever possible. To the extent the hotel was not responsible for such malfunctions, payment may not be withheld or reduced.
LOSS OF OR DAMAGE TO PROPERTY BROUGHT IN
1. Objects for exhibit or other items including personal property brought into the event rooms/hotel are there at the risk of the event organizer. The hotel assumes no liability for loss, destruction, or damage to or of such objects, excepting cases of gross negligence or intent on the part of the hotel.
2. Decorations brought in must conform to the fire code. The hotel is entitled to require official evidence thereof. Due to the possibility of damage, the hotel must be asked before objects are assembled or installed.
3. Objects for exhibit and other items must be removed immediately following the end of the event. If the event organizer fails to do so, the hotel may remove and store them at the event organizers expense. If the objects remain in the room used for the event, the hotel may charge rent for the period they remain there. The event organizer and the hotel reserve the right to prove lower or higher actual damages, respectively.
EVENT ORGANIZERS LIABILITY FOR DAMAGE
1. The event organizer is liable for all damage to building or furnishings caused by participants in or visitors to the event, employees, other third parties associated with the event organizer, and the event organizer him- or herself.
2. The hotel may require the event organizer to provide reasonable security (e.g., insurance, security deposits, sureties).
FINAL PROVISIONS
1. Changes or supplements to the contract, the application acceptance, or these Terms and Conditions for Events should be made in writing. Unilateral changes and supplements by the event organizer are invalid.
2. Place of performance and payment is the location of the hotels registered office.
3. In the event of litigation the courts at the location of the hotels registered office have exclusive jurisdiction for commercial transactions, including disputes regarding checks and bills of exchange. To the extent a party fulfills the requirement of the German Code of Civil Procedure, section 38, subsection 1, and does not maintain a general domestic venue, the courts at the location of the hotels registered office have exclusive jurisdiction.
4. The contract is governed by and construed in accordance with German law.
5. Should individual provisions of these General Terms and Conditions for Events be invalid or void, the validity of the remaining provisions remains unaffected thereby. Moreover, the statutory provisions apply.
General Terms and Conditions for Hotel Accommodation Contracts
Version December 2009
I. SCOPE OF APPLICABILITY
1. These Terms and Conditions govern contracts for the rental use 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 LIMITATIONS
1. The contract shall come into force upon the hotel’s acceptance of the cus-tomer’s application. At its discretion, the hotel may confirm the room reserva-tion 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 obliga-tion by the hotel.
III. SERVICES, PRICES, PAYMENT, SET-OFF
1. 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 reduc-tion 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 enti-tled 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 provi-sions 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 in-crease 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 ac-counts 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.
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 con-tractual services.
2. To the extent the hotel and customer agreed in text form upon a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the ho-tel. 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 cus-tomer is obligated to pay at least 90 % of the contractually agreed rate for lodg-ing with or without breakfast, 70 % for room and half-board, and 60 % for room and full-board arrangements. The customer is at liberty to show that the above-mentioned claim was not created or not created in the amount demanded.
V. CANCELLATION BY HOTEL
1. 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 ho-tel is likewise entitled to cancel the contract.
3. Moreover, the hotel is entitled to effect extraordinary cancellation of the con-tract 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 informa-tion regarding material contractual facts, such as the identity of the cus-tomer 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 or-ganization;
- 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 cancel-lation by the hotel.
VI. ROOM AVAILABILITY, DELIVERY AND RETURN
1. 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 de-layed 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 lib-erty to prove that the hotel incurred no or much lesser claim to use damages.
VII. LIABILITY OF THE HOTEL
1. The hotel is liable for the performance of its obligations arising from the con-tract. Claims of the customer for reimbursement of damages are precluded ex-cept for such which result from death, injury to body or health and the hotel is responsible for the breach of the obligation, other damage which is caused by an intentional or grossly negligent breach of obligation and damage which is caused from an intentional or negligent breach of obligations of the hotel which are typical for the contract. A breach of obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or vicarious agent. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection by the cus-tomer made without undue delay. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.
2. The hotel is liable to the customer for property brought into the hotel in accor-dance with the statutory provisions. Accordingly, the liability is limited to,one hundred times the room rate but, however, a maximum amount of € 3,500.00 and,in deviation, for cash, securities and valuables, a maximum amount up to € 800.00. Cash, securities and valuables up to a maximum value of € 800.00 may be stored in the hotel safe or room safe. The hotel recommends that guests make use of this possibility.
3. Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and the contents thereof, except for cases of intent or gross negligence. For the preclusion of damage claims of the customer, the regulation of the above-mentioned No. 1, sentences 2 to 4 supra shall apply respectively.
4. Wake-up calls are carried out by the hotel with the greatest possible diligence.
Messages, mail, and merchandise deliveries for guests shall be handled with care. The hotel will deliver, hold, and, for a fee, forward such items (on re-quest). For the preclusion of damage claims of the customer, the regulation of the above-mentioned No. 1, sentences 2 to 4 supra shall apply respectively.
VIII. FINAL PROVISIONS
1. Amendments and supplements to the contract, the acceptance of applications or these General Terms and Conditions should be made in text form. Unilateral amendments and supplements by the customer are not valid.
2. Place of performance and payment is the location of the hotel.
3. In the event of dispute, including disputes for checks and bills of exchange, the courts at Lüneburg shall have exclusive jurisdiction for commercial transac-tions. Insofar as a contracting party fulfils the requirements of section 38, para. 2 of the German Code of Civil Procedure and does not have a general venue within the country, the courts at Lüneburg shall have jurisdiction.
4. The contract is governed by and shall be construed in accordance with the laws of the Federal Republic of Germany. The application of the UN Convention on the International Sale of Goods and Conflict Law are precluded.
5. Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall remain un-affected thereby. The statutory provisions shall also be applicable.