Allgemeine Geschäftsbedingungen für den Hotelaufnahmevertrag

I. Scope

These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes, as well as all other services and deliveries provided to the customer by HOTELREGA Hotel-, Restaurations- und Gaststättenbetriebsgesellschaft mbH, or Hotel Flandrischer Hof (hereinafter referred to as “FH”).

Subletting or further renting of the rooms provided, as well as their use for purposes other than accommodation (such as public invitations, advertising measures, interviews, film shoots, sales and similar events) and the use of other hotel areas for these events require the prior written consent of FH. Section 540 paragraph 1 sentence 2 of the German Civil Code (BGB) is excluded insofar as the customer is not a consumer.
The customer’s terms and conditions shall only apply if expressly agreed upon in writing in advance.

II. Conclusion of Contract

A hotel accommodation contract (hereinafter: “contract”) is concluded upon a booking request from the customer and the corresponding booking confirmation from FH. FH may confirm the room booking in writing at its discretion.
Contractual partners are FH and the customer. If a third party makes a booking for the customer, they are jointly and severally liable with the customer to FH for all obligations arising from the hotel accommodation contract, provided FH has a corresponding declaration from the third party. Regardless, every booker is obliged to forward all booking-relevant information, especially these general terms and conditions, to the customer.

III. Services, Prices, Payment, Set-Off

The customer is obliged to pay the prices applicable or agreed upon for the room rental and any additional services used from FH. This also applies to services and expenses incurred by FH with third parties at the customer’s request.
The agreed prices include the applicable statutory VAT as well as local taxes. Not included are local taxes owed by the guest under municipal law, such as tourist tax. If there is a change in statutory VAT or the introduction, change, or abolition of local taxes affecting the service after the contract conclusion, prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between contract conclusion and performance exceeds four months.
Prices may also be changed by FH if the customer subsequently wishes to change the number of booked rooms, FH’s services, or the duration of stay and FH agrees to this.
Invoices from FH without a due date are payable within 10 days of receipt without deduction. FH is entitled to demand immediate payment by issuing an interim invoice at any time. In the event of late payment, FH is entitled to charge statutory default interest. FH reserves the right to prove higher damages. The customer is in default at the latest if payment is not made within 30 days after the due date and receipt of invoice.
FH is entitled to demand a reasonable advance payment or security, such as a credit card guarantee, at the time of contract conclusion or thereafter, considering the legal provisions for package tours. The amount and payment dates may be agreed upon in writing in the contract.
The customer may only set off or reduce amounts if the claim is undisputed or legally binding.

IV. Customer Cancellation (i.e., Order Cancellation, Withdrawal) / Non-Use of FH Services (No Show)

A cancellation of the contract by the customer requires FH’s written consent. If consent is not given, the agreed price from the contract must be paid even if the customer does not use contractual services. This does not apply if FH violates the obligation to consider the rights and interests of the customer, making adherence to the contract unreasonable for the customer, or if the customer has another statutory or contractual right of withdrawal.
If a free cancellation deadline has been agreed upon in writing between FH and the customer, the customer can withdraw until that date without triggering payment or compensation claims by FH. The customer’s cancellation right expires if it is not exercised in writing by the agreed date unless one of the exceptions from clause 1 sentence 3 applies.
If rooms are not used by the customer, FH will offset income from alternative rentals and saved expenses. If rooms are not re-rented, FH may claim the contractual compensation and may lump sum deduct saved expenses. In this case, the customer must pay:

• 90% of the agreed price for overnight stays with or without breakfast and package deals including third-party services,
• 70% for half-board, and
• 60% for full-board packages.
  The customer may prove that the claim has not arisen or is lower.

V. FH Cancellation

If a free cancellation right of the customer within a specified period has been agreed in writing, FH may also withdraw during this period if other customers have requested the booked rooms and the customer does not waive their cancellation right upon inquiry by FH. This also applies accordingly when an option is granted if other requests exist and the customer does not confirm the booking within a reasonable period after FH’s inquiry.
If an agreed or pursuant to clause III no. 6 requested advance payment or security is not made within the deadline set, FH is also entitled to withdraw.
Furthermore, FH may withdraw for good cause, in particular if:

• Force majeure or other circumstances not attributable to FH make performance impossible,
• Rooms are booked by misleading or false statements of essential facts (e.g., regarding the person or purpose),
• FH has justified reasons to assume that the use of hotel services may jeopardize smooth business operations, safety, or reputation of FH in public, not attributable to FH’s organizational area,
• There is a breach of clause I no. 2,
• FH becomes aware of significant deterioration of the customer’s financial situation after contract conclusion, especially if due claims are unpaid or insufficient security is provided, putting FH’s claims at risk,
• The customer has applied for insolvency proceedings, made an affidavit of inability to pay, or stopped payments,
• Insolvency proceedings have been opened against the customer’s assets or have been rejected due to lack of assets or other reasons.
  In case of justified FH withdrawal, the customer has no claim for damages.

VI. Room Provision, Handover, and Return

The customer does not acquire a right to a specific room unless FH has confirmed a specific room in writing.
Booked rooms are available from 3:00 p.m. on the agreed arrival date. There is no right to earlier availability.
Booked rooms must be used by the customer no later than 6:00 p.m. on the agreed arrival date. Unless a later arrival time has been expressly agreed, FH has the right to assign booked rooms to others after 6:00 p.m. without the customer deriving compensation claims. FH may then withdraw under clause V.
On the agreed departure date, rooms must be vacated and made available to FH by 12:00 noon at the latest. If vacating is delayed, FH may charge 50% of the full room price (list price) up to 6:00 p.m. and 100% thereafter. This does not create contractual claims for the customer. The customer may prove that FH’s claim is zero or significantly lower.
Keys not returned at departure will be charged €15.00 per key.

VII. Liability of FH

FH is liable with the care of a prudent businessman for its contractual obligations. Claims for damages by the customer are excluded except for:

• Damage to life, body, or health if FH is responsible for the breach,
• Other damages based on intentional or grossly negligent breach by FH,
• Damages based on intentional or negligent breach of essential contractual duties.
  If defects occur, FH will endeavor to remedy them upon knowledge or immediate complaint. The customer must reasonably contribute to remedying defects and minimizing damage. If the customer culpably fails to notify FH of defects, no reduction claims arise.
  FH’s liability for items brought in is limited by law to 100 times the room price, max €3,500, and for money, securities, and valuables up to €800. Money, securities, and valuables can be stored in the hotel safe up to €2,000. FH recommends this. Claims expire if the customer does not report loss, destruction, or damage immediately after gaining knowledge (§ 703 BGB).
  If a parking space in the hotel garage or parking lot is provided, even for a fee, no custodial contract arises. FH is not liable for theft or damage to vehicles or their contents on hotel premises except for intent or gross negligence.
  Wake-up calls are executed with the utmost care. Mail and shipments for guests are handled carefully. FH assumes delivery, storage, and, upon request, forwarding for a fee. After a maximum one-month storage period, FH may hand over items to the local lost and found with a reasonable fee.
  All claims against FH generally expire after one year from the start of the knowledge-dependent regular limitation period (§ 199(1) BGB). Damage claims expire after five years regardless of knowledge. These limitation periods do not apply to claims based on intentional or grossly negligent breach by FH.

VIII. Final Provisions

Changes or additions to the contract, acceptance, or these terms and conditions must be made in writing. Unilateral changes or additions by the customer are ineffective.
Place of performance and payment is Cologne, the seat of FH.
Exclusive place of jurisdiction in commercial transactions is Cologne. If a party meets the requirements of § 38(2) ZPO and has no general domestic jurisdiction, Cologne is the place of jurisdiction.
German law applies. The UN Sales Convention and conflict of laws rules are excluded.
If individual provisions of these terms and conditions are invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, statutory provisions apply.