General Terms and Conditions
of the Boutique Hotel Amalienhof for the hotel accommodation contract
1 SCOPE
- 1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and supplies provided by the hotel to the customer in this context (hotel accommodation contract). This do not apply to package tours within the meaning of § 651a BGB. The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
- 1.2 The sublet of the rooms provided as well as their use for purposes other than accommodation requires the prior written consent of the hotel, whereby the right to terminate pursuant to § 540 paragraph 1 sentence 2 BGB is waived.
- 1.3 General terms and conditions for the customer only apply if this has been expressly agreed in text form
- 2 CONCLUSION OF CONTRACT, –PARTNER
Contractual partners are the hotel and the customer. The contract is concluded by the acceptance of the client’s request by the hotel. In the case of booking via the hotel’s own homepage, the contract is concluded by clicking on the button “Booking for a fee”.
- 3 BENEFITS, TRAVEL, PAYMENT, TOBILL
- 3.1 The hotel is obliged to provide the rooms booked by the customer and to provide the agreed services.
- 3.2 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 them. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and outsourced by the hotel.
- 3.3 The agreed prices include the applicable taxes and local taxes at the time of the conclusion of the contract. Local taxes are not included, which are due by the guest himself according to the respective municipal law, such as tourist tax.
In the event of a change in the statutory VAT or the new introduction, modification or abolition of local taxes on the service object after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this applies only if the period between the conclusion of the contract and the due of the contract exceeds four months. - 3.4 If payment by invoice has been agreed, payment shall be made without deduction within 10 days of receipt of the invoice, unless otherwise agreed.
- 3.5 The hotel is entitled to demand from the customer a reasonable advance payment or security, e.g. in the form of a credit card guarantee, at the conclusion of the contract. The amount of the advance payment and the payment dates will be agreed in text form in the contract. In case of default of payment by the customer, the statutory regulations apply.
- 3.6 In justified cases, e.g. late payment by the customer or extension of the scope of the contract, the hotel is entitled to demand an advance payment or security within the meaning of clause 3.5 above or an increase of the advance payment or security agreed in the contract up to the full agreed remuneration, even after the conclusion of the contract up to the beginning of the stay.
- 3.7 The Hotel is also entitled to demand from the Customer, at the beginning and during the stay, an appropriate advance payment or security as defined in Clause 3.5 above for existing and future claims arising from the Contract, unless such a payment has already been made in accordance with Clause 3.5 and/or Clause 3.6 above.
3.8 The customer may only set off against an undisputed or legally enforceable claim against a claim of the hotel. - 3.9 The customer agrees that the invoice may be sent electronically.
4 RESIGNATION/TERMINATIONOF CONTRACT („CANCELLATION“) THE CUSTOMER SHOULD NOTNOT MISUSE BENEFITS OF HOTELS („NO SHOW“)
- 4.1 A unilateral termination by the customer of the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract or a statutory right of withdrawal or termination exists.
- 4.2 If a date has been agreed between the hotel and the customer to withdraw from the contract free of charge, the customer may withdraw from the contract in the meantime without triggering any claims for payment or damages by the hotel. The customer’s right of withdrawal expires if he does not provide this right in writing to the hotel by the agreed date.
- 4.3 If right of withdrawal has not been agreed or has already expired and there is no statutory right of withdrawal or termination, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel has to credit the income from other rental of the rooms as well as the expenses saved. If the rooms are not rented elsewhere, the hotel may deduct a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast as well as 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 mentioned claim has not arisen or has not arisen in the amount demanded.
5 WITHDRAWAL FROM HOTEL CONTRACT
- 5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled to withdraw from the contract during this period if requests from other customers regarding the contractually booked rooms are received and the customer does not waive his right of withdrawal at the request of the hotel within a reasonable period of time. This applies accordingly if an option is granted if there are other requests and the customer is not prepared to make a firm booking when asked by the hotel with a reasonable deadline.
- 5.2 If an advance payment or security payment agreed or required in accordance with Clause 3.5 and/or Clause 3.6 is not made even after the expiry of a reasonable grace period set by the Hotel, the Hotel is also entitled to withdraw from the contract.
- 5.3 Furthermore, the hotel is entitled to withdraw from the contract exceptionally for justified reasons, in particular if
- – force majeure or other circumstances beyond the control of the hotel to fulfill requirements of the contract impossible;
- – the rooms or rooms are booked culpably by misleading or false indication or concealment of essential facts, such as the identity of the customer, the ability to pay or the purpose of the stay;
- – the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the security or the public reputation of the hotel, without this being attributable to the control or organizational area of the hotel;
- – the purpose or reason for the stay is against law;
- – there is a violation of point 1.2 above.
- – force majeure or other circumstances beyond the control of the hotel to fulfill requirements of the contract impossible;
- 5.4 The justified withdrawal of the hotel contract does not give reason to the customer’s claim for damages. If, in the event of a cancellation by Clause 5.2 or 5.3 above, the Hotel has the right to claim for damages against the Customer, the Hotel may pay the Customer a lump sum. Point 4.3 shall apply mutatis mutandis in this case.
6 ROOM, – HANDOVER AND –RETURN
- 6.1 The customer does not acquire any right to the provision of certain rooms, unless this has been expressly agreed in text form.
- 6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier provision.
- 6.3 On the agreed day of departure, the rooms must be vacated to the hotel not later than 11:00 a.m. After that, the hotel may charge 50% of the full accommodation price (price according to the price list) for late vacations until 18:00 for non-contractual use of the room, and 90% from 18:00 onwards. The contractual claims of the customer are not justified by this. One is free to prove that the hotel has no or a substantially lower claim to user fees.
7 LIABILITY OF THE HOTEL
- 7.1 The hotel shall be liable for damages caused by injury to life, body or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of obligations by the hotel or on an intentional or negligent breach of contractual obligations by the hotel. Typical contractual obligations are those obligations that only enable the proper execution of the contract and the fulfilment of which the customer trusts 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 stipulated in this Clause 7. In the event of malfunctions or deficiencies in the services of the hotel, the hotel will endeavour to remedy the situation with the knowledge or upon immediate complaint of the customer. The customer is obliged to do what is reasonable to him in order to rectify the malfunction and to keep any possible damage to a minimum.
- 7.2 The hotel is liable to the customer for items brought in according to the legal provisions. The hotel recommends the use of the hotel or safe of room. 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.
- 7.3 As far as the customer is provided with a parking space in the hotel garage or on the hotel’s parking lot, without payment, this does not result in a custody agreement. In the event of loss or damage to motor vehicles parked or marched on the hotel property and their contents, the hotel shall only be liable in accordance with the provisions of Clause 7.1, Sentences 1 to 4.
- 7.4 Wake-up calls are carried out by the hotel with the utmost care.
Messages to customers are handled with care. Upon prior agreement with the customer, the hotel may take over the receipt, storage and – on request – the forwarding of mail and goods for a fee. The hotel shall only be liable in accordance with the provisions of Clause 7.1, Sentences 1 to 4.
8 MISCELLANEOUS
- 8.1 The non-smoking rooms at the Hotel Amalienhof are strictly non-smoking rooms. Nevertheless, for guests smoking in the room, we are obligated to charge the room guest for the cleaning costs (curtains, furniture, etc.) with 150,00 EUR. If the room cannot be rented the next day due to the strong smell of smoke, an additional night will be charged according to the hotel rate.
- 8.2 Pets are not allowed in the hotel.
- 8.3 Parking is available on the property subject to availability and charges will apply.
9 FINAL PROVISIONS
- 9.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions are invalid.
- 9.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction of Weimar. The hotel can choose to sue the customer at the customer’s headquarters. The same applies to customers who do not fall under sentence 1 if they are not domiciled or resident in a Member State of the EU.
- 9.3 German law will apply. The application of the UN Sales Law is excluded.
- 9.4 In accordance with the legal obligation, the Hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (“OS Platform”): http://ec.europa.eu/consumers/odr/
However, the hotel does not take part in dispute resolution procedures before consumer arbitration boards.