R+ Hospitality GmbH
61118 Bad Vilbel (Dortelweil)
Managing Director: Pawel Resser
Frankfurt am Main Local Court, HRB 114236
Tax no.: 020/242/61982
VAT ID No.: DE321662396
Telephone: +49 (0) 6101 / 50 98-0
Fax: +49 (0) 6101 / 50 98 28
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General Terms and Conditions for the Hotel Accommodation Contract
I. Scope of application
(1) These terms and conditions apply to hotel accommodation contracts as well as all other services and deliveries provided by the hotel for the guest.
(2) Deviating provisions, including those contained in the general terms and conditions of the guest or the customer, shall not apply unless expressly accepted by the hotel in text form.
II. Conclusion of contract or contract partner
(1) A hotel accommodation contract (hereinafter referred to as "contract") shall be concluded upon the guest's booking request with the corresponding booking confirmation of the hotel.
(2) The contracting parties are the hotel and the guest. If a third party makes the booking on behalf of the guest, he shall be liable to the hotel as the orderer together with the guest as joint and several debtors for all obligations arising from the contract, provided that the hotel has received a corresponding declaration from the orderer. Irrespective of this, each ordering party is obliged to pass on to the guest all information relevant to the booking, in particular these General Terms and Conditions.
(3) The sub-letting and re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form.
III. Services, Prices, Payment, Offsetting
(1) The hotel is obliged to keep the rooms booked by the guest available in accordance with these General Terms and Conditions and to provide the agreed services.
(2) The guest is obliged to pay the prices of the hotel applicable or agreed for the provision of the room and the other services used by the guest. This shall also apply to services and expenses of the hotel vis-à-vis third parties arranged by the guest or the customer. The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the guest's arrival exceeds four months and if, after the conclusion of the contract, the statutory value-added tax or any applicable local taxes and duties increase or new local taxes and duties are introduced, the hotel reserves the right to increase the agreed prices by the amount by which the applicable value-added tax or local taxes and duties have increased or by the amount of the newly introduced local taxes and duties.
(3) The hotel may make its consent to a reduction requested by the guest after conclusion of the contract in the number of rooms booked, the hotel's services or the guest's length of stay conditional upon an increase in the price for the rooms and/or for the hotel's other services.
(4) Invoices of the hotel are due for payment immediately upon receipt without deduction. The hotel may demand immediate payment of due receivables from the guest at any time. The guest shall be in default at the latest if he/she fails to make payment within 30 days of the due date and receipt of an invoice; this shall only apply to a guest who is a consumer if special reference has been made to these consequences in the invoice. The hotel may charge a reminder fee of € 5.00 for each reminder after the default has occurred.
(5) The hotel shall be entitled to demand a reasonable advance payment or security deposit from the guest upon conclusion of the contract in the form of a credit card guarantee, a down payment or similar. The amount of the advance payment and the payment dates may be agreed in text form in the contract.
(6) In justified cases, e.g. payment arrears on the part of the guest or extension of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract until the start of the stay, to demand an advance payment or provision of security within the meaning of the above paragraph 5 or an increase in the advance payment or provision of security agreed in the contract up to the full agreed remuneration.
(7) The hotel is also entitled to demand a reasonable advance payment or security deposit in the sense of the above paragraph 5 from the guest at the beginning and during the stay for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with the above paragraph 5 and/or paragraph 6.
(8) The guest may only offset an undisputed or legally established claim against a claim of the hotel.
(9) The hotel is a non-smoking hotel. The smoking ban applies without exception to the entire premises of the hotel and also to the outdoor area. Smoking at the edge of the window is also strictly prohibited. In case of disregard, the guest will be charged a cleaning fee of € 150,00. The hotel does not have to prove any damage such as smell or traces of smoke.
(10) The guest must also observe all other provisions of the house rules, which can be viewed in the entrance area at any time.
IV. Withdrawal of the guest, cancellation
(1) The hotel grants the guest a right of withdrawal at any time. The following provisions shall apply:
a) In the event of the guest withdrawing from the booking, the hotel is entitled to reasonable compensation.
b) The hotel has the option of claiming compensation from the guest in the form of a compensation lump sum instead of a specifically calculated compensation. The compensation lump sum amounts to 90% of the contractually agreed price for overnight stays with or without breakfast. The guest is free to prove that the hotel has not suffered any damage or that the damage suffered by the hotel is lower than the claimed compensation lump sum.
c) If the hotel calculates the compensation specifically, the amount of compensation shall not exceed the contractually agreed price for the service to be provided by the hotel less the value of the expenses saved by the hotel and what the hotel acquires through other uses of the hotel services.
(2) The above provisions on compensation shall apply mutatis mutandis if the guest does not make use of the booked room or the booked services without notifying the hotel in good time.
(3) If the hotel has granted the guest an option in the contract to withdraw from the contract within a certain period of time without further legal consequences, the hotel shall have no claim to compensation. Decisive for the timeliness of the declaration of withdrawal is its receipt by the hotel. The guest must declare the withdrawal in text form.
V. Withdrawal of the hotel
(1) Insofar as the guest has been granted a right to withdraw free of charge in accordance with clause IV, paragraph 3, the hotel shall also be entitled to withdraw from the contract within the agreed period if there are enquiries from other guests about the booked rooms and the guest does not waive his right to withdraw free of charge in accordance with clause IV, paragraph 3 upon enquiry by the hotel.
(2) If an advance payment or security deposit agreed or required above in accordance with Clause III, Paragraphs 5 and/or 6 is not made even after expiry of a grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
(3) Furthermore, the hotel shall be entitled to withdraw from the contract, in particular 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 statements of material facts, e.g. concerning the person of the guest or the purpose;
• the hotel has reasonable grounds to assume that the use of the hotel services may jeopardise the smooth operation of the business, the security or the reputation of the hotel in public without this being attributable to the hotel's sphere of control or organisation;
• there is an unauthorised subletting or subletting pursuant to Clause II, Paragraph 3; v a case of Clause VI Para. 3 exists;
• the hotel becomes aware of circumstances that the guest's financial circumstances have deteriorated significantly after conclusion of the contract, in particular if the guest fails to settle due claims of the hotel or fails to provide sufficient security and payment claims of the hotel therefore appear to be at risk;
• the guest has filed an application for the opening of insolvency proceedings against his assets, has made an affidavit pursuant to Section 807 of the German Code of Civil Procedure (Zivilprozessordnung), has initiated extrajudicial proceedings for the settlement of debts or has suspended his payments;
• insolvency proceedings are opened against the guest's assets or the opening of such proceedings is rejected for lack of assets.
(4) The hotel shall inform the guest of the exercise of the right of withdrawal in text form without delay.
(5) In the aforementioned cases of withdrawal, the guest shall not be entitled to compensation.
VI. Arrival and departure
(1) The guest does not acquire a claim to the provision of specific rooms unless the hotel has confirmed the provision of specific rooms in text form.
(2) Booked rooms are available to the guest from 2.00 p.m. on the agreed day of arrival. The guest has no right to earlier availability.
(3) Booked rooms are to be claimed by the guest by 6.00 p.m. at the latest on the agreed day of arrival. Unless a later arrival time has been expressly agreed, the hotel has the right to assign booked rooms to other parties after 6 p.m. without the guest being able to derive any claims for compensation from this. The hotel has a right of withdrawal in this respect.
(4) On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12.00 noon at the latest. Thereafter, the hotel may charge 50% of the room rate for the additional use of the room until 3.00 p.m., and 100% of the full valid room rate from 6.00 p.m. onwards, in addition to any damage incurred by the hotel as a result. The guest is at liberty to prove to the hotel that the hotel has incurred no damage or significantly lower damage.
VII. Liability of the Hotel, Statute of Limitations
(1) In the event of disruptions or defects in the hotel's services, the hotel shall endeavour to remedy the situation upon the guest's immediate complaint. If the guest culpably fails to notify the hotel of a defect, the guest shall not be entitled to a reduction of the contractually agreed remuneration.
(2) The hotel shall be liable in accordance with the statutory provisions for all damages arising from injury to life, limb and health as well as in the event of the assumption of a guarantee on the part of the hotel and in the event of fraudulently concealed defects.
(3) The hotel shall only be liable for all other damage not covered by Clause VII, Paragraph 2 and caused by slightly negligent conduct on the part of the hotel, its legal representatives or its vicarious agents if such damage is attributable to the breach of a typical contractual obligation. In these cases, liability shall be limited to the foreseeable damage typical for the contract.
(4) The above limitations of liability shall apply to all claims for damages regardless of their legal basis, including claims in tort. The above limitations and exclusions of liability shall also apply in cases of any claims for damages by a guest against employees or vicarious agents of the hotel. They do not apply in cases of liability for a defect following the assumption of a guarantee for the quality of an item or a work, in the case of fraudulently concealed defects or in the case of personal injury.
(5) The hotel shall be liable to the guest for items brought in in accordance with the statutory provisions, i.e. up to one hundred times the accommodation price, but up to a maximum of € 3,500.00. For valuables (cash, jewellery, etc.) this liability shall be limited to € 800.00. the hotel recommends making use of the possibility of storage in the room safe.
(6) Insofar as a parking space is made available to the guest in a hotel car park, even for a fee, this shall not constitute a custody agreement. The hotel is not obliged to monitor the parking space. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel's property and their contents, the hotel shall not be liable unless the hotel, its legal representatives or its vicarious agents are responsible for intent or gross negligence. In this case, the damage must be claimed against the hotel at the latest when leaving the hotel property.
(7) Wake-up orders shall be carried out by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
(8) Messages, mail and consignments of goods for the guests will be handled with care. The hotel shall undertake the delivery, safekeeping and - on request - forwarding of the same against payment and, on request, also for lost property. Claims for damages, except for gross negligence or intent, are excluded. The hotel is entitled to hand over the aforementioned items to the local lost property office after a storage period of one month at the latest, charging an appropriate fee.
(9) Claims for damages by the guest shall become statute-barred at the latest after two years from the time at which the guest becomes aware of the damage or, irrespective of such knowledge, at the latest after three years from the time of the damaging event. This does not apply to liability for damages arising from injury to life, body or health or for other damages based on an intentional and grossly negligent breach of duty by the hotel, a legal representative or vicarious agent of the hotel.
VIII. Liability for additional services
Guests may be granted access to the internet under certain circumstances, for example via the hotel's wireless lan network. Hotel Tannenblick does not guarantee the availability or speed of the connection and accordingly disclaims any liability and claims for damages that may arise from a failure of the connection.
(2) Sauna and fitness equipment
The hotel may grant the guest permission to use the sauna and fitness equipment. In doing so, the hotel is only liable for the maintenance of the equipment. The use of the fitness room, the equipment offered therein and the sauna, however, is at the sole risk of the guest. The guest is responsible for performing exercises in such a way that he or she does not come to any harm. The sauna may also only be used if there are no health concerns. In case of doubt, the guest must refrain from using the sauna and the fitness room.
IX. Final provisions
(1) Amendments or supplements to the contract, the acceptance of the application or these General Terms and Conditions for Hotel Accommodation shall be made in text form. Unilateral amendments or supplements by the guest are invalid.
(2) The place of performance and payment is the registered office of the hotel.
(3) If the hotel's contracting party is a merchant or a legal entity under public law, the place of jurisdiction shall be the hotel's registered office or, at the hotel's discretion, Frankfurt am Main. If the contractual partner of the hotel has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel. However, the hotel is entitled to bring actions and other legal proceedings also at the guest's general place of jurisdiction. The hotel is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
(4) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
(5) Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply
Status: January 2017