General Terms and Conditions for the Hotel Accommodation Contract

1. 1. 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 by the hotel for the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
   2. The subletting or re-letting 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 within the meaning of § 13 BGB.
   3. The customer's general terms and conditions shall only apply if this has been expressly agreed in advance in text form.
      
2. Conclusion of contract, contractual partners, limitation period
   1. The contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer's application by the hotel. The hotel is at liberty to confirm the room booking in text form.
   2. All claims against the hotel are generally subject to a limitation period of one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims, insofar as the latter are based on an intentional or grossly negligent breach of duty by the hotel.
      
3. Services, prices, payment, offsetting
   1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
   2. The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by him. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel.
   3. The agreed prices include the taxes and local levies applicable at the time of conclusion of the contract, but do not include local levies that are owed by the guest according to the respective municipal 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 matter of the service 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.
   4. The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel's services or the length of the customer's stay requested by the customer dependent on a reasonable increase in the price for the rooms and/or for the hotel's other services.
   5. Hotel invoices are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment must be made within ten days of receipt of the invoice without deduction, unless otherwise agreed.
   6. The hotel is entitled to demand a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract. The statutory provisions remain unaffected in the case of advance payments or security deposits for package tours. The statutory provisions apply if the customer is in default of payment.
   7. In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel shall be entitled, even after conclusion of the contract up to the commencement of the stay, to demand an advance payment or security deposit within the meaning of clause 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
   8. Furthermore, the hotel is entitled to demand an appropriate advance payment or security deposit from the customer at the beginning and during the stay within the meaning of the above clause 3.6 for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with the above clause 3.6 and/or clause 3.7.
   9. The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the hotel.
   10. The customer agrees that the invoice may be sent to him electronically.
       
4. Withdrawal by the customer (cancellation) / non-utilisation of the hotel's services (no show)
   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, a statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract.
   2. If the hotel and the customer have agreed on 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 hotel.
   3. If a right of cancellation has not been agreed or has already expired, there is also no statutory right of cancellation or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel must offset the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented to other parties, the hotel may make a flat-rate deduction for expenses saved. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast and for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
   4. The reservation of a non-cancellable rate, which is marked as such in the description or conditions, cannot be cancelled or rebooked free of charge. In the event of cancellation or no-show by the guest, the total amount of the stay will be retained.
      
5. Cancellation by the hotel
   1. If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract during this period if there are enquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel with a reasonable deadline. This applies accordingly if an option is granted, if other enquiries are received and the customer is not prepared to make a firm booking upon enquiry by the hotel with a reasonable deadline.
   2. If an advance payment or security deposit agreed or demanded 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 is also entitled to withdraw from the contract.
   3. Furthermore, the hotel is entitled to extraordinary cancellation of the contract for objectively justified reasons, in particular if
   4. force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
   5. rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the customer, solvency or the purpose of the stay;
   6. the hotel has justified cause to believe that the use of the service may jeopardise the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel's sphere of control or organisation;
   7. the purpose or reason for the stay is unlawful;
   8. there is a breach of the above-mentioned clause 1.2.
   9. The justified cancellation by the hotel does not constitute a claim for damages on the part of the customer.
      
6. Room provision, handover and return
   1. The customer shall not acquire any claim to the provision of specific rooms unless this has been expressly agreed in text form.
   2. Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.
   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. Thereafter, the hotel may charge 50% of the full accommodation price (price according to the price list) for the delayed vacating of the room until 6:00 p.m., and 90% from 6:00 p.m. onwards. This does not give rise to any contractual claims by the customer, who is free to prove that the hotel has no or a significantly lower claim to a usage fee.
      
7. Liability of the hotel
   1. The hotel is liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, it is liable for other damages which are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations of the hotel. Typical contractual obligations are those obligations which make the proper execution 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 is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this clause 7. Should disruptions or defects occur in the hotel's services, the hotel will endeavour to remedy the situation if it becomes aware of them or if the customer complains immediately. The customer is obliged to do what is reasonable to remedy the situation.
   2. The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer 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.
   3. If the customer is provided with a parking space in the hotel garage or in the hotel car park, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, the hotel shall only be liable in accordance with the above Section 7.1, sentences 1 to 4.
   4. Wake-up calls are carried out by the hotel with the utmost care.
      Messages for customers are handled with care. The hotel may, by prior arrangement with the customer, accept, store and - on request - forward mail and consignments of goods for a fee. The hotel shall only be liable in this respect in accordance with Section 7.1, sentences 1 to 4 above.
      
8. 1. Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral amendments or additions are invalid.
   2. The place of fulfilment and payment as well as the exclusive place of jurisdiction - also for disputes relating to cheques and bills of exchange - for commercial transactions is Marktoberdorf. If the customer fulfils the requirements of Section 38 (2) ZPO and has no general place of jurisdiction in Germany, Marktoberdorf shall be the place of jurisdiction.
   3. German law shall apply; the application of the UN Convention on Contracts for the International Sale of Goods is excluded.