General Terms and Conditions for the Hotel Accommodation Contract for the Kapelle - Hotel | Restaurant in Markelfingen
1 Scope of application
1.1 Terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries of the hotel "Kapelle" (hereinafter referred to as "hotel") provided to the customer in this context. The term "Hotel Accommodation Agreement" includes and replaces the following terms: Accommodation Contract, Guest Accommodation Contract, Hotel Contract, Hotel Room Contract.
1.2 The subleasing or re-leasing of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
1.3 General terms and conditions of the customer shall only apply if this has been expressly agreed in advance.
2 Conclusion of contract, contracting parties, limitation period
2.1 Contractual partners are the hotel and the customer. The contract is concluded by the hotel's acceptance of the customer's application. The hotel is free to confirm the room booking in text form.
2.2 All claims against the hotel are generally subject to a limitation period of one year from the start of the statutory limitation period. Claims for damages are subject to a limitation period of five years, unless they are based on injury to life, body, health or freedom. These claims for damages shall become statute-barred after ten years, irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
3 Performance, prices, payment, set-off
3.1 The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
3.2 The customer is obligated to pay the agreed or applicable prices of the hotel for the use of the room and the other services requested by the customer. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time of the conclusion of the contract. Not included are local taxes, which are owed by the guest according to the respective local law, such as visitor's tax. In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion and fulfillment of the contract exceeds four months.
3.4 The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel's service or the customer's length of stay conditional on an increase in the price for the rooms and/or for the hotel's other services.
3.5 Invoices of the hotel without a due date are payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default in payment, the hotel shall be entitled to charge the statutory default interest currently applicable at the rate of 9% or, in the case of legal transactions involving a consumer, at the rate of 5% above the base interest rate. In addition, in the event of default, the hotel may claim a fee of EUR 5.00 per reminder. The hotel reserves the right to prove higher damages.
3.6 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected. In the event of default of payment by the customer, the statutory regulations shall apply.
3.7 In justified cases, for example payment arrears on the part of the customer or expansion of the scope of the contract, the hotel is entitled, even after conclusion of the contract until the beginning of the stay, to demand an advance payment or security deposit in the sense of the above section 3.6 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.8 Furthermore, the hotel is entitled to demand from the customer a reasonable advance payment or security deposit within the meaning of section 3.6 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such a payment has not already been made in accordance with section 3.6 above and/or section 3.7.
3.9 The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.
3.10 The customer agrees that the invoice can be sent to him electronically.
4 Withdrawal of the customer (cancellation / non-utilization of the services of the hotel (no show))
4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form in each case.
4.2 If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract until then without triggering payment or damage claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal towards the hotel by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite the non-utilization of the service. The hotel shall credit the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obligated to pay at least 80% of the contractually agreed price for overnight accommodation with or without breakfast as well as for package arrangements with third-party services. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.
5 Withdrawal of the hotel
5.1 If it was agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period if there are requests from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel with a reasonable deadline. This applies accordingly in the case of granting an option, if other inquiries exist and the customer is not prepared to make a firm booking upon inquiry by the hotel with a reasonable deadline.
5.2 If an advance payment or security deposit agreed or demanded pursuant to section 3.6 and/or section 3.7 is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons, in particular if
- Force majeure or other circumstances beyond the control of the hotel make it impossible to fulfill the contract;
- Rooms are culpably booked with misleading or false information or concealment of material facts; material may be the identity of the customer, the ability to pay or the purpose of the stay;
- The hotel has reason to believe that the use of the service may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization;
- The purpose or reason for the stay is unlawful;
- There is a violation of the above-mentioned section 1.2.
5.4 The justified withdrawal of the hotel does not entitle the customer to compensation.
6 Room availability, handover and return
6.1 The customer does not acquire the right to the availability of certain rooms, unless this has been expressly agreed.
6.2 Booked rooms are available to the customer from 3:00 pm on the agreed day of arrival. The customer has no right to earlier availability.
6.3 It is not allowed to take bicycles and baby strollers into the hotel hallways and rooms.
6.4 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, the hotel may charge 50% of the currently valid daily rate for the use of the room in excess of the contract until 6:00 p.m., and 100% after 6:00 p.m., due to the late vacating of the room. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee. In addition, the hotel reserves the right to prove and claim higher damages.
7 Liability of the hotel
7.1 The hotel is liable for damages resulting from injury to life, body or health for which it is responsible. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this section 7. In the event of disruptions or deficiencies in the hotel's services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and to keep any possible damage to a minimum.
7.2 The hotel is liable to the customer for brought-in items in accordance with the legal regulations. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
7.3 Insofar as a parking space is made available to the customer in the hotel parking lot, even for a fee, this does not constitute a custody agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel's property and their contents, the hotel shall be liable only in accordance with the above Section 7.1, sentences 1 to 4.
7.4 Wake-up calls are performed by the hotel with the utmost care. Messages, mail and merchandise shipments for the guests are handled with care. The hotel shall undertake the delivery, safekeeping and - upon request - forwarding of the same against payment. The hotel shall only be liable in this respect in accordance with the above Section 7.1, sentences 1 to 4.
8 Final Terms
8.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements by the customer are invalid.
8.2 Place of performance for both parties is Radolfzell, place of jurisdiction is Radolfzell, Singen or Konstanz. By signing the agreement or confirmation copy, the customer accepts the terms and conditions or objects in writing within 48 hours.
8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
8.4 Should individual regulations of these general terms and conditions be or become invalid or void, the validity of the remaining regulations shall not be affected. In all other respects, the legal regulations shall apply.
8.5. All previous terms and conditions hereby lose their validity.