HOTEL BOOKING CONTRACT
MAXIMILIANS BOUTIQUE-HOTEL, LANDAU
Note: this is an English translation of the original German Terms and Conditions for hotel bookings and is only provided for reference purposes. The German version shall take precedence in all matters of legal interpretation.
1.1 These Terms and Conditions (hereinafter “T&Cs”) apply to all agreements relating to the renting and use of hotel rooms for lodging purposes as well as all other related goods and services provided to the customer (hereinafter “Guest”) by the Maximilians Boutique Hotel (hereinafter “Hotel”). The term “Contract” shall be used to mean any other interpretations of the following: hotel accommodation contract/agreement, booking agreement, lodging contract/agreement, guest admission contract/agreement, (hotel) room contract/agreement.
1.2 Rooms may not be sublet or rented to other parties or used for any other ends than for lodging purposes without the prior written consent of the Hotel, whereby Section 550 Paragraph 1 Clause 2 of the German Civil Code is waived insofar as the Guest cannot be deemed a private individual.
1.3 Terms and Conditions provided by Guests are only applicable if this has been expressly agreed beforehand.
2 Conclusion of Contract, Parties to the Contract, Limitation and Expiry of Contract
2.1 The parties to this Contract are the Hotel and the Guest. This Contract is deemed effective upon the Hotel’s acceptance of a Guest’s room request. The Hotel may confirm a room reservation in writing at its discretion.
2.2 Any claims against the Hotel elapse one year after the start of the statutory limitation period. Insofar as they are not related to injury to life, limb, health or liberty, damage claims elapse after five years, subject to statutes of limitation. Damage claims elapse after ten years, whether or not parties are aware of any such claims, subject to statutes of limitation. Reductions relating to statutes of limitation do not apply to claims relating to wilful action or grossly negligent breach of obligation on behalf of the Hotel.
3 Services, Prices, Payment, Set-Off
3.1 The Hotel is obliged to ensure that rooms booked by the Guest remain available and the Hotel is obliged to render services as agreed.
3.2 The Guest is obliged to pay the agreed or applicable prices for the provision of the rooms and any other services used by the Guest. This also applies to services that are requested by the Guest directly from or through the Hotel and which are provided by third parties and paid for by the Hotel.
3.3 The agreed prices include taxes and local duties applicable at the time of contractual agreement. They do not include local levies to be paid by the Guest under local byelaws such as visitor’s tax. Prices are subject to change even after agreement of this Contract, in particular if this is as a result of changes in statutory sales tax or the introduction, adjustment or repeal of local levies with a bearing on supplied services or products. Insofar as the Contract is agreed with a private individual, this only applies if the time that elapses between the agreement and the fulfilment of the Contract exceeds four months.
3.4 The Hotel reserves the right to only agree to a Guest’s request to subsequently reduce the number of booked rooms, or the services of the Hotel, or the length of stay, insofar as this entails a higher price for the rooms and/or other Hotel services.
3.5 Invoices from the Hotel without a given due date of payment must be paid within 10 days of receipt and without discount. The Hotel reserves the right to demand immediate payment of outstanding debts at any time. The Hotel reserves the right to charge the applicable statutory interest for late payment, which is currently 9 per cent above the base interest rate for business-related bookings or 5 per cent above the base interest rate for private individuals. In the event that a guest has outstanding debts, the Hotel reserves the right to charge an administration fee of 5 euros per payment reminder. The Hotel reserves the right to submit proof of further costs incurred/damages.
3.6 The Hotel reserves the right to request a reasonable advance payment or deposit from the Guest upon agreement of the Contract, for example a credit card guarantee. The amount of the advance payment and the payment deadline may be agreed in writing. Statutory provisions are unaffected by advance payments or deposits on package tours.
3.7 In keeping with section 3.6 above and insofar as this is justified, for example in the case of outstanding debt on behalf of the Guest or an extension to the scope of this Contract, the Hotel reserves the right to demand an advance payment or a deposit, even after agreement of the Contract up until the commencement of the stay, or alternatively it may impose an increase to the advance payment or deposit agreed in the Contract until such point as the agreed payment has been paid in full.
3.8 Further, in keeping with section 3.6 above, the Hotel reserves the right to demand a reasonable advance payment or deposit when or after a Guest starts staying at the Hotel for any other existing or future demands relating to this Contract, insofar as such payments have not already been made according to section 3.6 and/or section 3.7 above.
3.9 The Guest may only offset or settle a demand made by the Hotel with an undisputable or legally valid claim against the Hotel.
4 Withdrawal by Guest (Cancellation, Annulment, Non-Use of Hotel Services (No-Show))
4.1 The Guest may only withdraw from a Contract with the Hotel if a cancellation has been expressly agreed within the Contract, or if an alternative and legally valid right of withdrawal exists, or if the Hotel expressly gives its consent to a cancellation. Any such agreement to the right of withdrawal or consent to a cancellation of Contract must be in writing.
4.2 Insofar as the Hotel and the Guest arrange a cut-off date for free cancellations, the Guest may withdraw from the Contract before this date without incurring a claim for payment or a claim for damages from the Hotel. The Guest’s right of withdrawal elapses if the Guest fails to exercise their right to withdraw from the Contract with the Hotel by the agreed cut-off date.
4.3 Insofar as no right of withdrawal has been arranged or any such right has elapsed, and there is no statutory right of withdrawal or cancellation, and the Hotel does not wish to agree to a cancellation of the Contract, the Hotel reserves the right to demand payment as agreed, even if its services or products are not used. The Hotel shall reduce the amount of this demand by any payments received for renting out the rooms to other parties or for non-incurred expenditures. If the rooms are not rented out to other parties, the Hotel may reduce the amount by a flat fee for non-incurred expenditures. In such cases, the Guest is obliged to pay at least 90% of the contractually agreed price for lodging with or without breakfast or for package booking arrangements involving third-party services; 70% of the price in the event of half board arrangements; or 60% of the price in the event of full board arrangements. The Guest has the right to provide evidence that the aforementioned charges were not incurred or not incurred in full.
5 Withdrawal by the Hotel
5.1 Insofar as an arrangement has been made for the Guest to withdraw from the Contract before a certain cut-off date at no cost, the Hotel reserves the right to withdraw from the Contract within this deadline if queries have been received from other Guests for the contractually booked rooms, and if the Guest agrees to a request from the Hotel, within a reasonable deadline, to not waive their right of withdrawal.
5.2 Insofar as an agreed or requested advance payment or deposit has not been paid even after a reasonable deadline set by the hotel has elapsed, and any such payment is in keeping with Section 3.6 and/or Section 3.7 above, the Hotel also reserves the right to withdraw from the Contract.
5.3 Furthermore, under exceptional circumstances the Hotel reserves the right to withdraw from the Contract, insofar as there is good reason to do so, such as…
- due to force majeure or any other circumstances beyond the control of the Hotel that make it impossible to fulfil the Contract;
- if bookings have been made for lodgings or rooms based on deliberately misleading or false information or after essential information was withheld, such as the identity of the Guest, their ability to pay or the reason for their stay;
- if the Hotel has reasonable grounds to believe that using its services or products could have an adverse impact on the normal running of the Hotel, or Hotel safety, or the reputation of the Hotel in the public eye, given that the Hotel would no longer be able to manage and organise the affairs of the Hotel;
- if the intended purpose or reason for the stay is illegal;
- if the stay contravenes Section 1.2 above
5.4 Insofar as the Hotel is fully entitled to withdraw from the Contract, the Guest has no right to claim damages.
6 Provision, handover and vacation of room
6.1 Unless expressly agreed beforehand, the Guest does not have the right to be provided with a specific room.
6.2 Any rooms booked by the Guest will be made available at 3pm on the agreed date of arrival. The Guest has no entitlement to be provided rooms before this time.
6.3 On the agreed date of departure, rooms must be vacated and handed over to the Hotel by 11am at the latest. After 11am, the Hotel may charge a surcharge amounting to 50% of the current fee of one day’s lodgings for late vacation and/or for occupying the room beyond the agreed period of the Contract. This 50% surcharge will be charged until 6pm and for rooms vacated after 6pm the full daily rate will be charged. Contractual claims for damages made by the Guest will no longer be permitted under such circumstances. The Guest does however have the right to demonstrate that the Hotel has no claim or only a significantly reduced claim to charge compensation for using the room. Further, the Hotel has the right to demonstrate and exercise a claim for higher compensation.
7 Hotel Liability
7.1 The Hotel is liable for any injury to life, limb or health resulting from its actions. It is also liable for any other damages resulting from a wilful or grossly negligent breach of its obligation as a Hotel or from any wilful or grossly negligent breach of obligations typical of a Hotel. A breach of obligation by the Hotel shall be deemed equivalent to a breach of obligation of a statutory representative or vicarious agent. Unless covered separately under section 7, other claims for damages are excluded. In the event of disruptions to or failings in the services provided by the Hotel, upon becoming aware of the situation or upon receiving a complaint from the Guest the Hotel shall act to remedy the situation without delay. The Guest is obliged to take reasonable action to help remedy the situation and keep possible damage to a minimum.
7.2 The Hotel is liable for any property brought to the Hotel by the Guest in accordance with prevailing law. The Hotel always recommends use of the hotel safe or room safe. In the event that the Guest wishes to bring cash, securities or valuables worth more than 800 euros to the hotel, or other items with a value exceeding 3500 euros, separate safe-keeping agreements must be made with the Hotel.
7.3 Insofar as the Guest is provided with a parking space in the underground car park or in the Hotel’s outdoor car park, this does not constitute a safe-keeping agreement even if a fee is charged. In the event that a vehicle parked on or moved onto the Hotel grounds should become lost or damaged, with or without contents, the Hotel shall only be deemed liable subject to sentences 1, 2, 3 and 4 of section 7.1 above.
7.4 The Hotel exercises the greatest possible care to provide wake-up calls. Messages, mail and deliveries for guests are also handled with the greatest possible care. The Hotel can pass on, look after and – if requested and for a fee – forward items for Guests. In so doing, the Hotel can only be held liable subject to sentences 1, 2, 3 and 4 of section 7.1 above.
8 Final provisions
8.1 Amendments and additions to this Contract, to the acceptance terms of a Guest’s room request, or to these T&Cs, must be made in writing. Unilateral amendments or additions to this Contract made by the Guest are not valid.
8.2 The place of delivery and payment, and the exclusive place of jurisdiction for business dealings – including for disputes relating to checks and bills of exchange – is Landau (Pfalz), Germany. Insofar as a party to this Contract fulfils the conditions of Article 38 Paragraph 2 of the German Code of Civil Procedure and is not subject to a place of jurisdiction in Germany, the place of jurisdiction is Landau (Pfalz), Germany.
8.3 These T&Cs are governed exclusively by the law of the Federal Republic of Germany to the exclusion of the conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods (CISG).
8.4 If any of the provisions of this Contract are or should become void or ineffective, this will not affect the validity of the remaining provisions. In all other respects, this Contract is governed by Federal law.
Version July 2015