1. These terms and conditions apply to contracts for the rental use of hotel rooms for accommodation and all services provided to the customers for other services provided by the hotel.
2. The subletting or re-letting of the rooms and their use for purposes other than accommodation require the prior written consent of the hotel, § 540 para. 1 sentence 2 BGB is waived if the customer is not a consumer.
3. Terms and Conditions of the customer shall only apply if this was expressly agreed in writing.
II. Conclusion of contract, contractual partners, statute of limitations
1. The contract is through the acceptance of the request of the customer upon the hotel. The hotel is at liberty to confirm the room reservation in writing.
2. Contractual partners are the hotel and the customer. Has placed the order for Mom, he is liable to the hotel together with the customer as joint debtor for all obligations from the hotel accommodation contract, if the hotel has a corresponding statement by the third party.
3. Any claims against the hotel shall lapse one year after the commencement of the general statute of limitations dependent upon knowledge of § 199 para. 1 BGB. Damage claims shall be independent of knowledge in five years. The limitation periods do not apply to claims which are based on an intentional or grossly negligent breach of obligation
III. Services, prices, payment, invoicing
1. The hotel is obligated to keep the booked rooms and to provide the agreed services.
2. The customer is obligated to pay the applicable or agreed for rooms provided and used by him in other services of the hotel prices. This also applies to caused by the customer services and expenses of the hotel to third parties.
3. The agreed prices include applicable VAT.
4. The prices can be changed by the hotel if the customer subsequently wishes to change the number of rooms booked, the hotel's services or the duration of the guests and the hotel agrees.
5. Hotel bills without a due date within 10 days of receipt of the invoice without deduction. The hotel is entitled to call in accrued at any time and to demand immediate payment. In case of default the hotel is 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 rate. The hotel reserves the right to prove higher damages.
6. The hotel is entitled to demand when the contract or thereafter, observing the legal provisions for package tours, a reasonable advance payment or security. The amount of the advance payment and payment dates may be agreed in the contract.
7. The customer may only offset or reduce an undisputed or legally binding claim against a claim of the hotel.
8. The hotel reserves the right to pre-authentication of credit cards prior to arrival.
IV. Repudiation by Customer (Cancellation, Annulment) and non-use of hotel services
1. Cancellation by the customer of the contract concluded with the hotel requires the written consent of the hotel. If not this, then the price agreed in the contract must also be paid if the customer does not contractual services. This does not apply to injury of the hotel's commitment to take into account the rights, objects of legal protection and interests of the customer, if this holding to the contract is no longer reasonable or another statutory or contractual cancellation right exists.
2. Insofar as the hotel and the customer a date for a cost-free cancellation of the contract was agreed upon, the customer may rescind the contract, without incurring payment or damage compensation claims by the hotel. The resignation of the customer expires if he does not exercise his cancellation right in writing to the hotel by the agreed date, insofar as no case of withdrawal by the customer in accordance with point 1 set. 3
3. When not used by the customer to claim rooms, the hotel must credit the income from renting the rooms and also for saved expenses.
4. The Hotel shall be free to demand the contractually agreed compensation and to make a flat rate for the saved expenses. The customer in this case is obliged to pay at least 80% of the contractually agreed rate for lodging with or without breakfast. The customer is free to prove that the claim mentioned above was not created or not created in the amount demanded.
V. Repudiation by Hotel
1. Unless a free right of withdrawal of the customer agreed in writing within a specified period, the hotel is entitled for its part in this period, to withdraw from the contract if there are inquiries from other customers regarding the contractually reserved rooms and the customer upon inquiry by the hotel his right to resignation waived.
The 2. If an agreed advance payment or pursuant to Item III no. 6 Advance demanded not done after the lapse of a set by the hotel reasonable extension, so is also entitled to rescind the contract.
3. Moreover, the hotel is entitled to withdraw exceptionally justifiable reasons from the contract, for example, if
- Make it impossible to force majeure or other circumstances beyond the hotel is not the performance of the contract
Booked rooms are reserved with misleading or false information regarding material facts, such as the identity of the customer or the purpose -
- The hotel has justified cause to believe that use of the hotel's services might jeopardize the smooth operation, security or reputation of the hotel in public, without being attributable to the management or organization of the hotel
-. Is a breach of clause I, No. 2 supra.
4. If the Hotel justifiably withdraws not entitle the customer for damages.
VI. Room Availability, Delivery and Return
1. The customer has no right to be provided specific rooms.
2. Reserved rooms are available to customers from 14.00 on the agreed day of arrival. The customer has no right to earlier availability.
3. On the agreed departure rooms are to provide the hotel vacated at 12.00 latest. Afterwards the hotel due to the delayed vacating of the room for exceeding the contractual utilization to 18:00 50% of the full accommodation rate (list price) in accounting, from 18.00 100%. Contractual claims of the customer are not justified hereby. Is at liberty to prove that the hotel incurred no or much lesser claim arose user fees.
VII. Liability of the hotel
1. The hotel is liable with the diligence of a prudent businessman for its obligations under the Treaty. Customer claims for compensation are excluded. This does not include damage resulting from injury to life, limb or health, if the hotel is responsible for the breach of duty, other damages based on intentional or grossly negligent breach of obligation and damage from an intentional or negligent breach typical contractual obligations of the hotel is based. A breach of obligation by a legal representative or vicarious agent. Should disruptions or defects in the performance of the hotel occur, the hotel will endeavor with knowledge or on immediate complaint of the customer, to take remedial action. The customer is obligated to contribute reasonable to eliminate the disruption and to keep any possible damage.
2. For property brought into the Hotel is liable to the customer under the statutory provisions, ie up to one hundred times the room rate, not exceeding € 3,500 and for money, securities and valuables up to € 800 cash, securities and valuables up to € 20,000 a Deposit will be kept. The hotel recommends to make use of this possibility. Liability claims expire unless the customer notifies the hotel immediately after gaining knowledge of the loss, destruction or damage (§ 703 BGB). For a more extensive liability of the hotel above number are 1 sentences 2 to 4 accordingly.
3. If the customer is a parking space in a hotel parking lot, even if a fee is provided, this does not constitute a safekeeping agreement. For loss of or damage to the hotel property parked or motor vehicles and their contents, the hotel is not liable, except for willful misconduct or gross negligence. No. 1, sentences 2 to 4 apply accordingly.
4. Wake-up calls are carried out with the utmost care.
Messages, mail and merchandise deliveries for guests are handled with care. The hotel will deliver, hold, and - on request - for a fee forward thereof. No. 1, sentences 2 to 4 apply accordingly.
VIII. Final Provisions
1. Changes or additions to the contract, the acceptance of these Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
2. Place of performance and payment is the seat of the hotel.
3. The exclusive jurisdiction - also for check and exchange disputes - for commercial transactions is the seat of the hotel. Insofar as a contracting party fulfills the requirements of § 38 para. 2 ZPO and has no general jurisdiction in Germany, the courts at the seat of the hotel.
4. German law applies. The application of the CISG and the conflict of laws is excluded.
5. Should individual provisions of these terms and conditions be invalid or void for hotel accommodation or be, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
Hotel Goldene Rose Heidelberg
Ute La Marché