General Terms and Conditions for Hotel Accomodation Contract
I. Scope of Applicability
II. Conclusion of Contract, Parties, Liability, Stat Limitations
- 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 HOTELREGA Hotel-, Restaurations- und Gaststättenbetriebsgesellschaft mbH, resp. Hotel Flandrischer Hof (following abbreviated “FH”) for the customer.
- The prior written consent of the FH is required if rooms provided are to be sublet or rented to other parties or used other than for lodging purposes, whereby § 540, para. 1, sentence 2 German Civil Code is waived insofar as the customer is not a consumer.
- The customer’s general terms and conditions shall apply only if these are previously expressly agreed in writing.
III. Services, Prices, Payment, Set-Off
- The hotel accommodation contract (following abbreviated “contract”) shall come into force upon the FH’s acceptance of the customer’s application. At its discretion, the FH may confirm the room reservation in writing.
- The parties to the contract are the FH 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 FH for all obligations arising from the hotel accommodation contract as joint and several debtor together with the customer, insofar as the FH has a corresponding statement by the third party. Besides every booker is obligated to pass on all informations concerning the reservation, especially thesegeneral terms and conditions to the customer.
IV. Repudiation by Customer (Cancellation, Annulment)/Failure to Use FH Services (No Show)
- The FH is obligated to keep the rooms reserved by the customer available and to render the agreed services.
- The customer is obligated to pay the applicable or agreed hotel prices for rooms provided and for other services used. This shall also apply to the FH’s services and outlays to third parties caused by the customer.
- The agreed prices include applicable value-added tax as required by law. If the period between conclusion and fulfillment of the contract exceeds four months and if the price generally charged by the FH for such services increases, then the FH may raise the contractually agreed price to a reasonable extent but not, however, by more than five percent.
- Moreover, the FH may change prices if the customer later wishes to make changes in the number of reserved rooms, the FH’s services, or the length of guests’ stay, and the FH consents to such changes.
- FH invoices not showing a due date are payable and due in full instantly of receipt. The FH shall be entitled at any time to make accumulating accounts receivable payable and due by charging an instalment and to demand payment without undue delay. With default of payment, the hotel shall be entitled to demand the respectively applicable statutory default interest. The FH reserves the right to prove greater damage. Payment is delayed if not settled within 30 days of maturity and receipt.
- The FH is entitled to require a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, observing the legal provisions for package tours. The amount of the advance payment and payment dates may be agreed in writing in the contract.
- The customer may only set-off or reduce a claim by the FH with a claim which is undisputed or decided with final, res judicata effect.
V. Repudiation by FH
- Cancellation by the customer of the contract concluded with the FH requires the FH’s written consent. 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. This shall not apply with the breach of obligation of the FH to take into account the rights, objects of legal protection and interests of the customer, if holding to the contract is no longer reasonable or another statutory or contractual cancellation right exists.
- To the extent the FH and customer agreed in writing 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 FH. The customer’s right of cancellation shall expire if he does not exercise his cancellation right in writing vis-à-vis the FH by the agreed date, insofar as no case pursuant to Nr. 1, sentence 3 supra exists.
- If rooms are not used by the customer, the FH must apply credit for the income from renting the rooms to other parties and also for saved expenses.
- At its discretion, the FH may demand the contractually agreed compensation and to make a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay 90 percent of the contractually agreed rate for lodging with or without breakfast, 70 percent for room and half-board, and 60 percent for room and full-board arrangements.The customer is at liberty to show that the claim mentioned above was not created or not created in the amount demanded.
- If the customer does not claim the reserved room or service and unless this cancellation wasn’t reported in time previous terms apply.
- To the extent that a right of cost-free cancellation within a certain period was agreed in writing for the customer, the FH is entitled for its part to cancel the contract during that period if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not waive his right of rescission upon inquiry thereof by the FH.
- If an agreed advance payment or an advance payment demanded pursuant to Item III, Nr. 6 supra or a security deposit is not made even after a reasonable period set by the FH, then the FH is likewise entitled to cancel the contract.
- Moreover, the FH is entitled to effect extraordinary cancellation of the contract for an important cause, e.g. especially if
- force majeure or other circumstances for which the FH is not responsible make it impossible to fulfill the contract
- rooms are reserved with misleading or false information regarding material facts, such as the identity of the customer or the purpose
- the FH has justified cause to believe that use of the FH’s services might jeopardize the smooth operation of the FH, its security or public reputation, without being attributable to the FH’s sphere of control or organization
- there is a breach of the item I. Nr. 2 supra.
- the FH obtains information that the financial situation of the customer after conclusion of the contract deteriorates considerably, especially if the customer does not settle due payments of the FH or if he does not offer sufficient security deposits and claims of the FH therefore could be threaten
- the customer declared insolvency, made a solemn affirmation or stopped his payments
- an insolvency proceeding about the assets of the customer has been instituted or the institution has been refused for lack of assets or other reasons
4.The customer can derive no right to compensation from justified cancellation by the FH.VI. Room Availability, Delivery and Return
VII. Liability of the FH
- The customer does not acquire the right to be provided specific rooms unless the FH confirmed a specific room in writing.
- 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.
- Reserved rooms have to be claimed by the customer no later than 6:00 p.m. on the agreed arrival date unless a later arrival date has been prearranged. Otherwise the FH is entitled to allocate the reserved rooms to other guests after 6:00 p.m. The customer can derive no right to compensation in this case. The FH is entitled to effect cancellation according to paragraph V.
- Rooms must be vacated and made available to the FH 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 FH may charge 50 percent 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). The customer is at liberty to show the FH that it incurred no or much lesser claim to use damages.
- A fee of € 15,00 is charged for every key not returned at departure.
VIII. Final Provisions
- 1. The FH is liable to exercise the duty of care of an ordinary merchant with the performance of its obligations arising from the contract. Claims of the customer for reimbursement of damages are precluded except for such which result from injury to life, body or health and the FH is responsible for the breach of the obligation, other damage which is caused from an intentional or grossly negligent breach of obligation and damage which is caused from an intentional or negligent breach of obligations of the FH which are typical for the contract. Should disruptions or defects in the performance of the FH occur, the FH shall act to remedy such upon knowledge thereof or upon objection without undue delay by the customer. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage at a minimum. The customer could not claim a reduction of the payment agreed in the contract if he culpably does not indicate the FH an occuring defect.
- The FH is liable to the customer for property brought in to the FH in accordance with the statutory provisions, i.e., up to one hundred times the room rate, not to exceed € 3.500 up to € 800. For cash securities an valuables Cash, securities and valuables upt to a maximum value of € (your insured amount) may be stored in the FH safe or room safe. The FH recommends that guests utilize this possibility. Liability claims expire unless the customer notifies the FH immediately after gaining knowledge of the loss, destruction, or damage (§ 703 German Civil Code). With regard to more extensive liability of the FH, Nr. 1, sentence 2 or 4 supra shall apply respectively.
- Insofar as a parking space is provided to the customer in the FH garage or a FH parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. The FH assumes no liability for loss of or damage to motor vehicles parked or maneuvered on the FH’s property, nor the contents thereof, excepting cases of intent or gross negligence. Nr. 1, sentences 2 to 4 supra shall apply respectively.
- Wake-up calls are carried out by the FH with the greatest possible diligence.Messages, mail, and merchandise deliveries for guests are handled with care. The FH will deliver, hold, and for a fee forward such items (on request). Nr. 1, sentences 2 to 4 supra shall apply respectively. The FH is entitled to hand over these items to the local lost property office after a conservation period of one month. The FH charges an appropriate fee for this service.
- For all taken note of claims against FH the period of limitationis one year as per §199 para. 1 of the German Code of Civil Procedure. For all not taken note of claims the period of limitation does not apply to claims resulting from deliberate, wilful or negligent dereliction on the part of FH.
- Amendments and supplements to the contract, the acceptance of applications, or these General Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral amendments and supplements by the customer are not valid.
- Place of performance and payment is Cologne, the location of the FH’s registered office.
- In the event of dispute, including disputes for checks and bills of exchange, the courts of Cologne, the location of the FH’s registered office, shall have exclusive jurisdiction for commercial transactions. Insofar as a contracting party fulfills the requirements of § 38, para. 2 of the German Code of Civil Procedure and does not have a general venue within the country, the courts at the location of the FH’s registered office shall have jurisdiction.
- 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 the conflict of laws are precluded.
- Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, the validity of the remaining prov