General Terms and Conditions for the Hotel Accommodation Agreement for Hotel Pieper-Kersten (Status January 2018)
1. SCOPE OF APPLICATION
1 These Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation and other services provided by the hotel (Hotel Accommodation Contract).
2. subletting or re-letting of the rooms made available and their use for purposes other than lodging shall require the prior consent of the hotel in text form.
3. the customer's general terms and conditions of business shall only apply if this has been expressly agreed in writing in advance.
2. CONCLUSION OF CONTRACT, PARTNERS, STATUTE OF LIMITATIONS
1. the hotel is free to confirm the room booking in text form
2. 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.
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. The shortening of the statute of limitations does not apply to claims based on intentional or grossly negligent breach of duty by the hotel.
3. 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 rates for the room rental and any additional services used by the customer. This also applies to the hotel's services and expenses to third parties arranged by the customer. The agreed prices include the respective statutory value added tax.
3. 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 contingent upon an increase in the price of the rooms and/or other services provided by the hotel.
4. the hotel's invoices are payable without deduction within 14 days of the invoice being sent. In the event of late payment, the hotel is entitled to charge a lump sum (late payment surcharge, processing fee) in the amount of 25.00 euros.
5. the hotel is entitled to require the customer to make an advance payment or provide security upon conclusion of the contract.
6. the hotel is entitled to refuse further services in justified cases, e.g. the customer is in arrears with payments.
7. the customer may only offset or set off an undisputed or legally valid claim against a claim of the hotel.
4. rescission by the customer (CANCELLATION, Cancellation and NoShow)
1. the customer's withdrawal from the contract concluded with the hotel requires the hotel's consent in text form. If such consent is not given, the agreed price under the contract is payable even if the customer does not make use of contractual services.
If the hotel and the customer have agreed in writing on a date for free rescission of the contract, the customer may rescind the contract up to 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 vis-à-vis the hotel in text form by the agreed date.
(3) In the case of rooms not used by the customer, the hotel shall credit the income from renting such rooms to other parties. If the rooms are not rented out to other parties, the Hotel may charge 100% of the contractually agreed remuneration.
4. any right to rescind the contract concluded with the hotel expires two weeks before the contractually agreed date of arrival. Note: According to Directive 2011/83/EU of the European Parliament, Article 16, the 14-day right of withdrawal does not apply to hotel bookings. The cancellation conditions of the hotel apply.
5. CANCELLATION BY THE HOTEL
1. if it has been agreed in writing that the customer may withdraw from the contract free of charge within a certain period, the hotel is likewise entitled for its part to withdraw from the contract within this period (e.g. failure to make the contractually agreed advance payment).
2. in the event of justified withdrawal by the hotel, the customer shall have no claim to damages.
6. ROOM PROVISION, HANDOVER AND RETURN
1. the customer does not acquire a claim to the provision of certain rooms, unless this has been expressly agreed in writing.
2. booked rooms are available to the customer from 12:00 noon 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 by 10:30 a.m. at the latest. 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 2:00 p.m. due to the late vacating of the room, dana