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 General Terms and Conditionen For Hotel Accomondation Contract

Version 04.08.2013

1        Scope of Applicability

1.1     These terms and conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel to the customer in this context (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” comprises and replaces the following terms: accommodation, lodging, hotel, Apartment, Hostel,hotel room contract.

1.2     The hotel’s prior consent in written form is required if rooms provided are to be sublet or rented to a third party, or used for other than lodging purposes, whereby section 540, para. 1, sentence 2 German Civil Code (BGB) is waived insofar as the customer is not a consumer.

1.3     The customer’s general terms and conditions shall apply only if these are previously expressly agreed.

2        Conclusion of Contract, Parties, Statute of Limitations

2.1     The hotel and the customer are the contracting parties. The contract shall come into force upon the hotel’s acceptance of the customer’s offer. At its discretion, the hotel may confirm the room reservation in written form.

2.2     Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period. Damage claims shall be time-barred after five years, dependent on knowledge thereof, insofar as they are not based on claims arising out of harm inflicted on life, limb, physical health or liberty. These damage claims shall be time-barred after ten years, independent of knowledge thereof. The reduction of the statute of limitation periods shall not apply to claims which are based on an intentional or grossly negligent breach of obligation by the hotel.

3        Services, Prices, Payment, Set-Off

3.1     The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.

3.2     The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services accepted. This also applies to services ordered by the customer directly or via the hotel, which a third party provides and the hotel disburses.

3.3     The agreed prices include all taxes and local taxes in effect at the time of the conclusion of contract. This does not include locally levied taxes, which are owed by the guest himself according to the particular municipal law, such as visitor’s tax.  
If the statutory value added tax is changed or if local taxes concerning the rooms and services are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted. This only applies to contracts concluded with consumers, if four months have passed between the conclusion and fulfilment of the contract.

3.4     The hotel can make its consent to the customer’s later request for a reduction of the number of reserved rooms, services of the hotel or the customer’s length of stay dependent on the increase of the price for the rooms and/or for the other services.

3.5     Hotel invoices not stating a due date are payable without deduction and due within ten days of receipt of the invoice. The hotel can demand immediate payment of due debt from the customer. With default of payment, the hotel shall be entitled to demand the respectively applicable statutory default interest in the amount of currently 8 % or, with legal transactions with a consumer, in the amount of 5 % above the base interest rate. The hotel reserves the right to prove greater damage.

3.6     The hotel is entitled to require a reasonable advance payment or a security, such as a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and payment dates may be agreed in written form in the contract. The statutory provisions shall remain unaffected with advance payments or a security for package tours.

3.7     In justified cases, e.g. the customer’s default in payment or expansion of the scope of the contract, the hotel shall be entitled, also after the conclusion of the contract up to the commencement of the stay, to demand an advance payment or a security within the meaning of the above-mentioned No. 3.6 or an increase of the advance payment or a security agreed in the contract up to the total agreed remuneration.

3.8     Furthermore, the hotel shall be entitled, at the commencement and during the customer’s stay, to demand a reasonable advance payment or security deposit within the meaning of the above-mentioned No. 3.6 for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned No. 3.6 and/or No. 3.7.

3.9     The customer may only set-off, reduce or clear a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.

4        Withdrawal of the Customer (Cancellation, Annulment)/    
Failure to Use Hotel Services (No Show)

4.1     The customer can only withdraw from the contract concluded with the hotel, if a right of withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal exists or if the hotel gives its explicit consent to the withdrawal. The contractual agreement of a right of withdrawal as well as the consent to withdrawal from the contract shall be in written from.

4.2     Insofar as the hotel and customer have agreed upon a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal shall expire, if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.

4.3     The hotel is entitled to the contractually agreed rate even if the rooms are not used, if a contractual right of withdrawal was not agreed or has expired, a statutory right of withdrawal or cancellation is not given and the hotel does not give its consent to the cancellation of the contract. The hotel must credit the income from renting the rooms to other parties as well as for saved expenses. If the rooms are not rented otherwise, the hotel can demand the contractually agreed rate and assess a lump sum for the saved expenses of the hotel. In this case, the customer is obligated to pay at least 90 % of the contractually agreed rate for lodging with or without breakfast as well as all-inclusive arrangements with contracted services, 70 % for half-board and 60 % for full-board arrangements. The customer is at liberty to show that the above-mentioned claim was or has not amounted to the demanded sum.

5        Withdrawal of the Hotel

5.1     Insofar as it was agreed that the customer can withdraw from the contract at no cost within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period of time if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by the hotel with a reasonable deadline set, does not waive his right of withdrawal.

5.2     If an agreed advance payment or an advance payment or a security demanded pursuant to No. 3.6 and/or No. 3.7 is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.

5.3     Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if

-   force majeure or other circumstances beyond the hotel’s control render the fulfillment of the contract impossible;

-   rooms or spaces are reserved with culpably misleading or false information or concealment regarding essential facts; the identity or solvency of the customer or the purpose of his stay can constitute essential facts;

-   the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization;

-   the purpose or the cause of the stay is illegal;

-   There is a breach of the above-mentioned No. 1.2.

5.4     The justified withdrawal by the hotel constitutes no claims for damages for the customer.

6        Room Availability, Delivery and Return

6.1     The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed.

6.2     Reserved rooms are available to the customer starting at 3:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability.

6.3     Rooms must be vacated and made available to the hotel no later than 10:00 noon on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the hotel may charge 50 % of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 90 %). Contractual claims of the customer shall not be established hereby. The customer is at liberty to prove that the hotel has no or a much lower claim for charges for use of the room.

7        Liability of the Hotel

7.1     The hotel is liable for harm inflicted on life, limb and physical health. Further it is liable for other damage caused with full intent or gross negligence or due to intentional or grossly negligent violation of obligations typical for the contract. A breach of obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or vicarious agent. All other claims for damages are excluded, if not determined differently in this No. 7. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection by the customer made without undue delay. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.

7.2     The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions. It recommends the use of the hotel or room safe. If the guest wishes to bring with him money, securities, stocks, bonds or valuables with a value of more than 800 EUR or other things with a value of more than 3500 EUR, a separate safekeeping agreement is necessary.

7.3     Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel only assumes liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and the contents thereof only pursuant to the preceding No. 7.1, sentences 1 to 4.

7.4     Wake-up calls are carried out by the hotel with the greatest possible diligence.      
Messages, mail, and merchandise deliveries for guests shall be handled with care. The hotel will deliver, hold, and, for a fee, forward such items (on request). The hotel only assumes liability according to the preceding No. 7, sentences 1 to 4.

7.5     When you bring a visitor, you have to notify the Reception immediately and the Person has t0 identify herself. When this happens outside Reception hours the visitors is not allowed in the building.

8        Final Provisions

8.1     Amendments and supplements to the contract, the acceptance of offers or these general terms and conditions should be made in written form. Unilateral amendments or supplements by the customer are invalid.

8.2     For commercial transactions the place of performance and payment as well as, in the event of litigation, including disputes for checks and bills of exchange, the exclusive court of jurisdiction is at  Berlin Germany. Insofar as a contracting party fulfils the requirements of section 38, para. 2 of the German Code of Civil Procedure (ZPO) and does not have a place of general jurisdiction within the country, the courts at Berlin Germany shall have exclusive jurisdiction.

8.3     The contract is governed by and shall be construed in accordance with German law. The application of the UN Convention on the International Sale of Goods and Conflict Law are precluded.

8.4     Should individual provisions of these general terms and conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.

1        Lease contract

1.1     Acceptance of the parking ticket or entry of a vehicle into the parking garage or placement of the same on a hotel parking space (hereinafter: “parking area”) constitutes a lease contract between the hotel and the leaser for a duration chosen by the latter within the opening hours and subject to the following terms and conditions.

1.2     Surveillance and safe-keeping are not object of this contract. The hotel does not enter into any type of responsibility or obligation to care for anything the leaser brings into the parking area.

2        Terms of Use

2.1     The leaser is obliged to exercise due care. In particular all traffic and safety rules signposted must be followed. Instructions from the hotel staff regarding safety and domestic authority must always be followed immediately. Further the regulations of the German Highway Code (StVO) are valid.

2.2     Vehicles may only be parked within the designated spaces. They may not be parked in the areas reserved permanently for others and signposted as such. The hotel is authorized to have a falsely parked vehicle repositioned or removed through adequate measures at the expense of the leaser. The hotel is entitled to charge a lump sum for this. The leaser may however prove that such costs have not arisen or are much lower than the lump sum.

2.3     The hotel is also entitled to remove the leaser’s vehicle in cases of imminent danger.

2.4     We recommend that leasers lock their car and take all valuables with them.

2.5     The opening hours are signposted in the parking area.

3        Rules for Security and Regulations

3.1     Within the parking area it is only allowed to drive at walking speed.

3.2     In the parking area it is prohibited:

-   to smoke or use fire,

-   to store combustible substances, receptacles for combustible substances and items which pose a fire hazard,

-   to let the engine run unnecessarily,

-   to refuel, repair or wash the vehicle or clean the interior of vehicles,

-   to empty out cooling liquid, fuel, oil,

-   to hand out advertising material.

3.3     The right of presence in the parking area is restricted to parking, loading, unloading and retrieval of vehicles.

3.4     The leaser must notify the hotel immediately of any breach of cleanliness they have caused.

4        Fee/Duration of Parking

4.1     The fee for parking and the permissible duration of parking are displayed on the price lists posted, the more recent version being valid.

4.2     Maximum duration of parking is one month, unless a special agreement has been made.

4.3     After expiry of the maximum duration of parking, the hotel is entitled to have the offending vehicle removed from the parking area at the expense of the leaser, provided that a written notice to remove the vehicle has been given to the leaser or registered holder two weeks in advance and this has been without any success or the value of the vehicle obviously does not surpass the due amount of fees. Until the vehicle has been removed the hotel is entitled to the fees which have amounted according to the price list.

4.4     Loss of the parking ticket results in the obligation to pay a full day rate, unless the leaser can prove the parking duration was shorter or the hotel can prove it was longer.

4.5     The hotel may verify the legitimization to pick up and use the vehicle. The verification can be given by showing the parking ticket; the leaser may provide another form of verification.

4.6     Should the leaser occupy more than one parking space with his vehicle, the hotel is entitled to demand the fees arising for the number of spaces occupied.

5        Liability of the Hotel

5.1     The hotel is only liable for damage caused by itself or one of its employees or vicarious agents with full intent or gross negligence. This limitation of liability does not apply to damage caused to life, limb or physical health or due to infringement of essential contractual obligations.

5.2     The leaser is obliged to notify the hotel of any damage to his vehicle.

5.3     The hotel excludes any liability for damage caused by a third party. This limitation of liability applies in particular to damage, destruction or theft of the vehicle parked or any movable or inbuilt items in the vehicle or objects attached to or fastened onto the vehicle.

5.4     Should the leaser be a hotel guest and request a member of the hotel staff to park or retrieve his vehicle, this does not constitute a contract of safe custody or an obligation of surveillance, as this only constitutes a courtesy of the hotel to the guest. Any damage caused to the vehicle or items in the vehicle must be settled via the leaser’s or registered holder’s third party indemnity insurance. Neither the hotel nor the driver instructed by the hotel are liable for damage directly caused to the leaser’s vehicle or for any financial disadvantage associated with the settlement of damage to other vehicles or belongings via the leaser’s or registered holder’s car insurance (own risk, increase in premium etc.), unless the instructed driver caused the damage intentionally or as a result of gross negligence.

6        Liability of the Leaser

6.1     The leaser is liable for damage to the hotel caused by himself, his vicarious agents, his representatives, and people accompanying him. He is obliged to notify the hotel of such damage before departures and without being explicitly asked.

6.2     The leaser is liable for costs incurred by measures required for remedying any breach of cleanliness as set out in No. 3.2.

7        Contractual Right of Lien/ Statutory Right of Lien/Sale

7.1     The hotel exercises both a contractual as well as a statutory right of lien on any vehicle parked on the premises arising from claims from the lease contract.

7.2     The hotel is entitled to remove or sell vehicles without an official license plate, provided that the leaser or registered holder of the vehicle has been warned of the intention to do so and has failed to respond within a reasonable space of time. If the identity and whereabouts of the leaser or registered holder cannot be determined after taking reasonable steps to do so, there is no requirement for such warning. In the case of sale, the leaser or registered holder has a right to the proceeds from that sale minus the costs arising from parking and the removal of the vehicle.

7.3     Notwithstanding the rights referred to in No. 7.1 and No. 7.2, the leaser is liable to the hotel for all costs incurred.