For the hotel accommodation contract
Status: October 2020
1.1 These Terms and Conditions of Business apply to contracts for the rental of hotel rooms for lodging purposes and all other services and supplies of the Hotel provided to the Customer in this connection (Hotel Accommodation Contract).
1.2 Subletting or subletting of the rented premises, use of the hotel rooms provided for purposes other than accommodation, public invitations or other advertising measures for job interviews, sales and similar events, and the use of hotel space outside the rented rooms for the aforementioned events require the prior express consent of Hotel Starton GmbH and may be made dependent on the payment of additional remuneration. § 540 Para. 1 Sentence 2 BGB is not applicable, as long as the customer is not a consumer.
1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in writing beforehand.
2.CONCLUSION OF CONTRACT, PARTNERS, LIMITATION PERIOD
2.1 The contractual partners are the Hotel and the Customer. The contract shall come into effect upon acceptance of the Customer’s application by the Hotel. Hotel Starton GmbH is free to confirm the room booking in text form.
2.2 The customer is obliged to inform Hotel Starton GmbH without being asked, at the latest upon conclusion of the contract, if the use of the hotel service is likely to endanger the smooth business operations, the security or the public reputation of Hotel Starton am Village.
2.3 The contractual partners are the Hotel and the Customer. If a third party has placed an order on behalf of the Customer, the Customer shall be 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.
2.4 All claims against the Hotel shall in principle become statute-barred one year after the commencement of the statutory limitation period. This shall not apply to claims for damages and other claims if the latter are based on a wilful or grossly negligent breach of duty by the Hotel.
3.OFFSETTING, PAYMENT, PRICES, SERVICES
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 shall be obliged to pay the Hotel’s agreed or applicable prices for the room rental and any other services used by the Customer. This shall also apply to services ordered by the Customer directly or via the Hotel, which are provided by third parties and are paid for by the Hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Not included are local charges which are owed by the guest according to the respective local law, e.g. tourist tax. In the event of a change in the statutory value-added tax or the introduction, amendment or abolition of local levies on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion of the contract and fulfilment of the contract exceeds four months. Should this be the case, Hotel Starton GmbH can increase the price appropriately, but not by more than 10%.
3.4 The Hotel may make its consent to a subsequent reduction in the number of rooms booked, the Hotel’s services or the Customer’s length of stay requested by the Customer subject to a reasonable increase in the price of the rooms and/or the Hotel’s other services.
3.5 If payment on account has been agreed, payment must be made – unless otherwise agreed – within 10 days of receipt of the invoice without deduction. In the event of default in payment, the Hotel shall be entitled to charge the respectively applicable statutory default interest in the amount of currently 9% above the respective base interest rate in the case of a legal transaction with an entrepreneur, or in the amount of 5% above the respective base interest rate in the case of a legal transaction with a consumer. Hotel Starton GmbH reserves the right to prove higher damages, and the customer the right to prove lower damages.
3.6 For each reminder after the occurrence of default, the customer has to reimburse reminder costs of 2.50 Euro to Hotel Starton GmbH. The customer is at liberty to prove that no or significantly lower costs were incurred.
3.7 Hotel Starton GmbH is entitled to demand an appropriate advance payment or security deposit from the customer upon conclusion of the contract, e.g. in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in the contract in text form. In the case of advance payment or provision of security for package tours, the statutory provisions shall remain unaffected.
3.8 In justified cases, e.g. the customer’s payment arrears or expansion of the scope of the contract, Hotel Starton GmbH is entitled, even after conclusion of the contract and up to the beginning of the stay, to demand an advance payment or security deposit in the sense of the above No. 7 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
4.Cancellation by the customer / non-use of services
4.1 The customer can only withdraw from the contract concluded with Hotel Starton GmbH if a right of withdrawal has been expressly agreed in the contract, a legal right of withdrawal exists or Hotel Starton GmbH 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 should be made in text form.
4.2 If a date has been agreed for exercising the right of withdrawal free of charge, the customer can withdraw from the contract until then without triggering payment or claims for damages by Hotel Starton GmbH. The customer’s right to withdraw from the contract expires if he does not exercise it in writing to Hotel Starton GmbH by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired, there is also no legal right of withdrawal, and if Hotel Starton GmbH does not agree to a cancellation of the contract, Hotel Starton GmbH retains the right to the agreed remuneration despite not using the service. Hotel Starton GmbH must offset the income from renting the rooms to others, as well as the saved expenses. If the rooms are not rented to others, Hotel Starton GmbH can demand the contractually agreed remuneration and make a lump-sum deduction for saved expenses. In this case the customer is obliged to pay at least 100% of the contractually agreed price for overnight accommodation with or without breakfast and for package arrangements with external services. The Customer is free to prove that the aforementioned claim did not arise or did not arise in the amount demanded. This clause 4.3 does not apply in case of violation of Hotel Starton GmbH’s obligation to consider the rights, legal assets and interests of the customer, if the customer can no longer be expected to adhere to the contract.
4.4 If a right of rescission has not been agreed or has already expired, there is also no statutory right of rescission or termination and if the Hotel does not agree to a termination of the contract, the Hotel shall retain the claim to the agreed remuneration despite not having used the service. The Hotel shall set off any income from renting the rooms to others and any expenses saved. If the rooms are not otherwise let, the Hotel may make a lump-sum deduction for saved expenses. In this case the Customer shall be obliged to pay 90% of the contractually agreed price. The Customer shall be entitled to prove that the aforementioned claim has not arisen or has not arisen in the required amount.
Can be cancelled free of charge until 14:00 on the day of arrival. Later cancellations or no-shows can be charged with 90 % of the total amount. Arrivals after 6 p.m. are generally guaranteed with a valid credit card or a deposit of 50% of the room price.
Can be cancelled free of charge up to 1 day before arrival. Later cancellations or no-shows can be charged with 80 % of the total amount. Arrivals after 6 pm are generally guaranteed with a valid credit card or a deposit of 50% of the room price.
Can generally no longer be cancelled free of charge. In case of no-show or late cancellations we charge 100% of the total amount. Exhibition reservations are generally guaranteed with a valid credit card or a deposit of 50% of the room price. After the cancellation period has expired, we are entitled to charge up to 50% of the credit card or to issue an advance invoice. All reservations will be confirmed by us in writing with reference to the cancellation conditions applicable at the time.
Are reservations from 6 rooms. These can be cancelled free of charge (outside the trade fair times) up to 21 days before arrival, after that we are entitled to charge up to 90% of the total amount.
After the cancellation period has expired, we are entitled to charge up to 50% of the credit card or to issue an advance invoice. They are generally to be guaranteed with a cost absorption of the company, a valid credit card or a deposit of 50% of the room price.
For reservations made via booking portals, the respective agreed conditions apply. Deviating agreements must be made in writing.
Early departures can be charged at 100% of the remaining nights. Booked rooms are available to our guests from 15:00 on the day of arrival and until 11:00 on the day of departure. Unless otherwise agreed, the provisions of the General Terms and Conditions apply.
5.CANCELLATION OF THE HOTEL
5.1 If it has been agreed that the customer may rescind the contract free of charge within a certain period, the Hotel shall be entitled for its part to rescind the contract during this period if there are enquiries by other customers about the contractually booked rooms and the customer does not waive his right of rescission upon inquiry by the Hotel with a reasonable period of notice.
5.2 If an advance payment or security deposit agreed upon or requested in accordance with Clause 3.6 and/or Clause 3.7 is not made even after a reasonable grace period set by the Hotel has expired, the Hotel shall also be entitled to rescind the contract
5.3 Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if force majeure or other circumstances for which the Hotel is not responsible make it impossible to fulfil the contract; rooms or spaces are culpably booked under misleading or false information or withholding of material facts; material facts may include the identity of the customer, solvency or the purpose of the stay; General Terms and Conditions for the Hotel Accommodation Contract (GTCB 8.0) © Hotelverband Deutschland (IHA) e.V. Page 7 the Hotel has reasonable cause to believe that the use of the service may jeopardise the smooth operation, safety or public reputation of the Hotel, without this being attributable to the Hotel’s sphere of control or organisation; the purpose or occasion of the stay is unlawful; there is a breach of the above-mentioned Clause 1.2.
5.4 In the event of justified withdrawal by the Hotel, the Customer shall not be entitled to claim damages.
5.5 In the event of unforeseen non-availability of the room, the Hotel is obliged to offer and provide the Guest with a room of equal value in an equivalent establishment or, if this is not possible, to pay general damages. In the event of force majeure there is no obligation to pay damages.
6.ROOM PROVISION, HANDOVER AND RETURN
6.1 The customer does not acquire any claim to the provision of specific rooms unless this has been expressly agreed in writing.
6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer has no claim to earlier availability.
6.3 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. After that time, the Hotel may charge 50% of the full accommodation price (price according to the price list) 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 90% from 6:00 p.m. onwards. Contractual claims of the Customer shall not be justified by this. The Customer shall be free to prove that the Hotel has no or a significantly lower claim to a usage fee.
7.LIABILITY OF THE HOTEL
7.1 The Hotel shall be liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, the Hotel shall be liable for other damage caused by an intentional or grossly negligent breach of duty by the Hotel or by an intentional or negligent breach of typical contractual duties by the Hotel. Typical contractual obligations are those obligations that make the proper performance of the contract possible in the first place and on the fulfilment of which the Customer relies and may rely. A breach of duty by the Hotel shall be deemed equivalent to a breach by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this Clause 7. Should disruptions or defects in the Hotel’s services occur, the Hotel shall endeavor to remedy such upon knowledge thereof or upon prompt notification of such by the Customer. The Customer is obligated to make all reasonable efforts to remedy the disruption and minimize any possible damage.
7.2 The Hotel shall be liable to the Customer for items brought in in accordance with the statutory provisions. The Hotel recommends the use of the Hotel safe. If the Customer wishes to deposit money, securities and valuables with a value of more than EUR 800 or other items with a value of more than EUR 2,500, this requires a separate storage agreement with the Hotel.
7.3 Insofar as the customer is provided with a parking space in the hotel garage or in the hotel car park, even against payment, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the Hotel’s property and their contents, the Hotel shall only be liable in accordance with the above clause 7.1, sentences 1 to 4.
7.4 Wake-up orders are carried out by the Hotel with the utmost care. Messages for customers are handled with care. The Hotel may, after prior agreement with the Customer, take over the acceptance, storage and – if desired – forwarding of mail and consignments of goods for a fee. The Hotel shall only be liable in this respect in accordance with the provisions of the above clause 7.1, sentences 1 to 4. General Terms and Conditions for the Hotel Accommodation Agreement (GTCH 8.0) © Hotelverband Deutschland (IHA) e.V. Page 8
7.5 We are not liable for any legal claims on the part of the Internet, LAN and WLAN that are triggered by third parties when using them.
8.1 Amendments or supplements 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.
8.2 Place of performance and payment is the registered office of the respective Hotel.
8.3 Exclusive place of jurisdiction – also for disputes concerning cheques and bills of exchange – is Fürth or Nuremberg in commercial transactions. Insofar as a contractual partner fulfils the requirements of § 38 Para. 2 ZPO (Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the Hotel’s registered office.
8.4 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, this shall not affect the validity of the remaining provisions. In all other respects the statutory provisions shall apply.