General terms and conditions
for the hotel accommodation contract at the breakfast hotel Möven Kieker
- These Terms and Conditions apply to contracts for the rental of hotel rooms, as well as all other services and deliveries provided by the hotel.
- Any subleasing of the rooms provided as well as their use for purposes other than lodging shall require the prior written consent of the hotel, whereby § 540 paragraph 1 sentence 2 German Civil Code is excluded, unless the customer is a private consumer.
- The customer's terms and conditions shall only apply if this has been explicitly agreed in writing beforehand.
II. Conclusion of Contract, Contract Partner, Period of Limitation
- The contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the room booking in writing.
- The contract is concluded when the hotel accepts the customer's request. The hotel is free to confirm the room booking in writing. 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 third party for all obligations arising from the hotel accommodation contract, if the hotel has a corresponding declaration from the third party.
- All claims against the hotel are generally limited to one year from the beginning of the period of limitation in accordance with § 199 paragraph 1 German Civil Code. Claims for damages shall become invalid after five years regardless of knowledge. The reduction of the limitation period shall not apply to claims based on an intentional or highly culpable breach of obligation by the hotel.
III. Services, prices, payment, compensation
- The hotel is obliged to keep the booked rooms available and to provide the agreed services.
- The customer is obligated to pay agreed prices for the room and the other services used by the hotel. This also includes the hotel's services and expenses to third parties arranged by the customer.
- The customer is required to make a deposit of 20% of the total price when making a reservation; only upon payment of the deposit, the reservation becomes binding for the hotel.
- The agreed prices include the VAT. If the period between conclusion and fulfilment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price by a reasonable amount, but by no more than 5%.
- Furthermore, the hotel may change the prices if the customer subsequently requests changes to the number of booked rooms, the hotel's services or the length of the guests' stay, and the hotel agrees to such changes.
- Hotel invoices without a due date are payable within 8 days of receipt of the invoice without discounts. The hotel is authorized to demand immediate payment of outstanding accounts at any time. In the event of delayed payment, the hotel is authorized to charge the respectively applicable statutory default charges at the current rate of 8% or, in the case of legal transactions involving a private consumer, at 5% above the base rate. The hotel reserves the right to prove higher damages.
- The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or afterwards for package tours. The amount of the advance payment and the dates of payment may be agreed in writing in the contract.
- The customer may only set off or reduce an outstanding amount against a claim of the hotel with an undisputed or legally valid claim.
- The hotel reserves the right to pre-authenticate credit cards prior to arrival.
IV. Cancellation by the customer and non-use of the hotel's services
- In case of cancellation in the period from the date of booking until 5 days before arrival of the guests, 20% fee is due, from 5 days before arrival of the guests, 90% of the total price is due as a fee.
- The customer's withdrawal from the contract with the hotel requires the hotel's written consent. If such consent is not obtained, the agreed price under the contract shall be payable even if the customer does not use the services. This shall not apply in the event of a breach of the hotel's obligation to consider the customer's rights, legal interests and interests if the customer can no longer be reasonably expected to continue with the contract or if the customer has any other statutory or contractual right of cancellation.
- Insofar as the hotel and the customer have agreed in writing on a date for cost-free withdrawal from the contract, the customer may withdraw from the contract until that date without incurring payment or damage compensation claims by the hotel. The customer's right of cancellation terminates if he does not exercise his right of cancellation in writing to the hotel by the agreed date, unless there is a case of cancellation by the customer pursuant to No. 1 Sentence 3.
- In the case that rooms are not used by the customer, the hotel shall offset the income from renting the rooms to other parties and the saved expenses.
- The hotel is free to demand the contractually agreed payment and to make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 80% of the contractually agreed price for overnight accommodation with or without breakfast. The customer is free to prove that the above-mentioned claim did not exist or did not exist in the required amount.
V. Cancellation by the hotel
- Insofar as the customer's right to withdraw from the contract free of charge within a certain period of time has been agreed in writing, the hotel is authorized for its part to withdraw from the contract during this period if there are requests from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon consultation by the hotel.
- If an agreed advance payment or advance payment requested in accordance with Clause III, Sentence 6 above is not made even after a reasonable period of extension fixed by the hotel has expired, the hotel is likewise entitled to withdraw from the contract.
- Furthermore, the hotel is entitled to extraordinary cancellation of the contract for a factually justified reason, for example if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract,
- rooms are booked under misleading or false information of essential facts, e.g. in the person of the customer or the purpose,
- the hotel has reasonable cause to believe that the use of the hotel's services may put the proper business operations, security or public reputation of the hotel at risk, without this being attributed to the hotel's sphere of control or organization,
- there is a breach of Clause I sentence 2 above.
VI. Room providing, delivering and returning
- The customer does not obtain the right to the provision of any particular room.
- Booked rooms are available to the customer from 3.00 pm on the agreed day of arrival. The customer is not entitled to claim earlier availability.
- 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. 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 6:00 p.m. due to the late availability of the room, and 100% from 6:00 p.m. onwards. Contractual claims of the customer shall not be justified by this. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.
VII. Liability of the Hotel
- The hotel shall be liable for its obligations under the contract with the diligence of a due businessman. Claims for damages by the customer are excluded. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, other damages based on an intentional or reckless breach of duty by the hotel and damages based on an intentional or reckless breach of duties typical of the contract by the hotel. A breach of duty on the part of the hotel is equivalent to that of a legal representative or performing agent. Should faults or defects in the hotel's services occur, the hotel will make every effort to correct them as soon as it becomes aware of them or upon the customer's immediate complaint. The customer is obligated to make all reasonable efforts to remedy the disruption and minimize any possible damage.
- The hotel shall be liable to the customer for items brought to the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of € 3,500, and for money, securities and valuables up to € 800. Liability claims shall expire unless the customer notifies the hotel immediately after becoming aware of loss, destruction or damage (§ 703 German Civil Code). The above No. 1 sentences 2 to 4 apply accordingly to any further liability of the hotel.
- Insofar as the customer is provided with a parking space in the hotel garage or a hotel parking lot, including for a fee, this does not constitute a contract. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel property or their contents, except in cases of intention or gross negligence. The above number 1 sentences 2 to 4 apply accordingly.
- Wake-up orders are carried out by the hotel with the highest care. Messages, mail and packages of goods for guests are handled with care. The Hotel shall be responsible for the delivery, storage and - upon request and against payment - forwarding of such items. The above No. 1 sentences 2 to 4 apply accordingly.
VIII. Final provisions
- Amendments or modifications of the contract, the acceptance of applications or these terms and conditions should be made in writing. Unilateral amendments or additions by the customer are invalid.
- The place of fulfilment and payment is the hotel's registered office.
- The exclusive place of jurisdiction - also for disputes concerning cheques and bills of exchanges - in commercial transactions is the hotel's registered office. Insofar as a contractual partner fulfils the requirements of § 38 paragraph 2 Code of Civil Procedure and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.
- German law applies. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict of-laws rules are excluded.
- Should individual provisions of these General Terms and Conditions be or become invalid or ineffective, the validity of the other provisions shall not be affected. In all other cases, the statutory provisions shall apply.