Sporthotel Schulenberg
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AGB

GENERAL TERMS AND CONDITIONS
General Terms and Conditions for the Hotel Accommodation Agreement

I. Scope
1 These Terms and Conditions of Business apply to contracts for the rental of hotel rooms for accommodation purposes as well as all other services and deliveries provided by the hotel for the customer.

2. subletting or subletting of the rooms provided and their use for purposes other than lodging require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not the consumer. 

3. the customer's terms and conditions shall only apply if this has been expressly agreed in writing beforehand.

II Conclusion of Contract, Contract Partner; Statute of Limitations
1. the contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the room reservation in writing.

The contracting parties are the hotel and the customer. If a third party has placed an order on behalf of the customer, the customer is liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration by the third party.

All claims against the hotel are generally subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB. Claims for damages shall become statute-barred after five years, irrespective of knowledge. The shortening of the statute of limitations shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. services, prices, payment, set-off
1 The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.

2. the customer is obligated to pay the hotel's applicable or agreed prices for the provision of the room and the additional services used by the customer. This shall also apply to the hotel's services and expenses to third parties caused by the customer.

3. the agreed prices include the respective statutory value-added tax. If the period between conclusion and performance of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price by a reasonable amount, but not by more than 5%.

Prices may also be changed by the hotel if the customer subsequently requests changes in the number of rooms booked, the hotel's services or the length of stay of guests and the hotel agrees to such changes.

5. hotel invoices without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled at any time to declare accrued claims due and to demand immediate payment. In the event of default in payment, the hotel is entitled to charge the respectively applicable statutory default interest in the amount of currently 8% or, in the case of legal transactions involving a consumer, in the amount of 5% above the base interest rate. The hotel reserves the right to prove higher damages.

6. the hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the dates of payment may be agreed in writing in the contract.

7. the customer may only offset or reduce a hotel's claim against a hotel's claim if the claim is undisputed or legally binding.

IV. Rescission by the customer (i.e. cancellation) / non-use of the hotel's services
1. the customer's withdrawal from the contract concluded with the hotel requires the hotel's written consent. If this is not given, the agreed price from the contract is payable even if the customer does not make use of contractual services. This shall not apply in the event of a breach of the hotel's obligation to take account of the customer's rights, legal interests and interests if the customer can no longer be reasonably expected to adhere to the contract as a result or if the customer has any other statutory or contractual right of rescission. 

If the hotel and the customer have agreed in writing on a date for cost-free withdrawal from the contract, the customer may withdraw from the contract until that date without incurring payment or damage compensation claims by the hotel. The customer's right of rescission expires if he does not exercise his right of rescission in writing to the hotel by the agreed date, unless a case of rescission by the customer pursuant to No. 1 sentence 3 exists. 

3. the cancellation conditions for confirmed reservations are as follows:

- Cancellations up to 31 days before arrival 15 % of the agreed price
- Cancellations up to 4 days before arrival 40 % of the agreed price
- Cancellations less than 4 days before arrival 100 % of the agreed price

V. Cancellation by the hotel
1. if a right of withdrawal free of charge on the part of the customer within a certain period of time has been agreed in writing, the hotel is entitled for its part to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his right of withdrawal at the hotel's request. Insofar as the customer's right to rescind the contract free of charge within a certain period of time was agreed in writing, the hotel is entitled for its part to rescind the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his right to rescind the contract upon inquiry by the hotel.

If an agreed advance payment or advance payment requested in accordance with Clause III No. 6 above is not made even after a reasonable grace period set by the hotel has expired, the hotel is likewise entitled to rescind the contract.

Furthermore, the hotel is entitled to withdraw from the contract 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;
- the hotel has reasonable cause to believe that the use of the hotel's services may jeopardize the smooth operation, safety or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization;
- there is a violation of Clause I No. 2 above.
4. the hotel's justified withdrawal from the contract does not give rise to a claim for damages by the customer.

VI. room provision, handover and return
1. the customer does not acquire any claim to the provision of specific rooms.

2. booked rooms are available to the customer from 15.00 hours on the agreed day of arrival. The customer has no claim to earlier provision.

3. on the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 12:00 noon. After that time, the hotel may charge 50% of the full accommodation price (list price) for use of the room in excess of the contractual period until 6:00 p.m. due to the late vacating of the room, and 100% from 6:00 p.m. onwards. Contractual claims of the customer shall not be justified by this. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.

VII Liability of the Hotel
1 The hotel is liable for its obligations under the contract with the due care of a prudent businessman. Claims for damages by the customer 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, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of typical contractual duties by the hotel. A breach of duty on the part of the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects in the hotel's services occur, the hotel will endeavor to remedy such upon knowledge thereof or upon prompt notification of the customer. The customer is obligated to make all reasonable efforts to remedy the disruption and minimize any possible damage.

2. the hotel shall be liable to the customer for items brought to 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 may be kept in the hotel or room safe up to a maximum value of € (use the hotel's insured sum). The hotel recommends making use of this option. Liability claims expire unless the customer notifies the hotel immediately after becoming aware of loss, destruction or damage (§ 703 BGB). The above No. 1 sentences 2 to 4 shall apply accordingly to any further liability of the hotel.

3. if the customer is provided with a parking space in the hotel garage or a hotel parking lot, even against payment, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel property or their contents, except in cases of intent or gross negligence. The above number 1 sentences 2 to 4 apply accordingly.

4. the hotel shall carry out wake-up orders with the greatest care.

5. messages, mail and consignments of goods for the guests are treated with care. The hotel will take care of the delivery, storage and - if desired - forwarding of the same for a fee. The above No. 1 sentences 2 to 4 apply accordingly.

VIII. final provisions
1. amendments or additions to the contract, the acceptance of applications or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.

2. place of performance and payment is the hotel's registered office.

The exclusive place of jurisdiction - also for disputes concerning cheques and bills of exchange - in commercial transactions is the hotel's registered office. Insofar as a contractual partner fulfills the requirements of § 38 para. 2 ZPO (Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.

4 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.

Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects the statutory provisions shall apply.

 

 

 






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