General terms and conditions – Hotel Hauser
1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided by the hotel for the customer.
2. The subletting or re-letting of the leased rooms and their use for purposes other than accommodation require the prior written consent of the hotel.
3. The customer’s terms and conditions only apply if this has been agreed in advance.
Conclusion of contract, partner liability, statute of limitations
1. The contract is concluded when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in writing.
2. The contracting parties are the hotel and the customer. If a third party has ordered for the customer, he and the customer are jointly and severally liable to the hotel for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
3. The hotel is liable for its obligations under the contract. In the non-typical service area, liability is limited to intent and gross negligence on the part of the hotel.
4. All claims against the hotel become statute-barred one year from the beginning of the knowledge-dependent regular limitation period of § 199 I BGB. Claims for damages become statute-barred after five years regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
Services, prices, payment, offsetting
1. The hotel is obliged to keep the rooms reserved by the customer available and to provide the agreed services.
2. The customer is obliged to pay the applicable or agreed hotel prices for rooms provided and other services used by him. This also applies to services and expenses of the hotel to third parties initiated by the customer.
3. The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the fulfillment of the contract exceeds 4 months and the price generally charged by the hotel for such services increases, the hotel can increase the contractually agreed price appropriately, but no more than 10%.
4. The prices can also be changed by the hotel if the customer later wishes to change the number of rooms booked, the hotel’s services or the length of stay of the guests and the hotel agrees.
5. Hotel invoices without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to make accrued claims due at any time and to demand immediate payment. In the event of default in payment, the hotel is entitled to charge reminder fees of EUR 2.00 per reminder plus default interest of eight percentage points above the base rate in accordance with Section 288 (2) BGB. The customer reserves the right to provide evidence of lower damage, the hotel of higher damage.
6. The hotel is entitled to request a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours, trade fair groups and group travel. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
7. A deposit of 30% is due from a booking of EUR 1000.00 and a deposit of 40% from a booking of EUR 3000.00.
8. The customer can only offset or reduce an undisputed or legally binding claim against a claim by the hotel.
Resignation of the customer (cancellations)
1. Cancellation by the customer of the contract concluded with the hotel requires the hotel’s written consent. If this is not done, the price agreed in the contract must be paid even if the customer does not make use of the contractual services. This does not apply in cases of delay in performance by the hotel or an impossibility of performance for which it is responsible.
2. If a date to withdraw from the contract has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract until then without triggering payment or damage claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless there is a case of default by the hotel or an impossibility to provide the service for which he is responsible.
3. In the case of rooms not used by the customer, the hotel must credit the income from renting the rooms to other parties and the expenses saved.
4. The hotel is free to charge a flat rate for the damage incurred and to be compensated by the customer. The customer is then obliged to pay 95% of the contractually agreed price for accommodation with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that no damage has occurred or that the damage caused to the hotel is lower than the flat rate demanded.
Resignation of the hotel
1. If the customer’s right of withdrawal has been agreed in writing within a certain period of time, the hotel is in turn entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer is entitled to withdraw from the contract upon inquiry by the hotel not waived.
2. If an agreed advance payment is not made even after a reasonable grace period set by the hotel with a threat of rejection has expired, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justified reason, for example if force majeure or other circumstances for which the hotel is not responsible make the fulfillment of the contract impossible, rooms with misleading or false information on essential facts, e.g. in the person of the customer or for the purpose, the hotel has justified reason to believe that the use of the hotel services can jeopardize the smooth business operations, the security or the reputation of the hotel in public, without this affecting the sovereign or . The organizational area of the hotel is attributable or there is a violation of the scope of paragraph 2 above.
4. The hotel must inform the customer immediately of the exercise of the right of withdrawal.
5. If the hotel is justified in withdrawing from the contract, the customer has no right to compensation.
Room provision, handover and return
1. The customer does not acquire the right to be provided specific rooms.
2. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability.
3. Rooms must be vacated and made available to the hotel no later than 11:00 am on the agreed departure date. Thereafter, the hotel can charge 50% of the full accommodation price (list price) for the additional use of the room up to 6 p.m. in addition to the damage it incurs, and 100% from 6 p.m. The customer is free to prove to the hotel that the hotel incurred no or significantly lower damage.
1. The hotel is liable for the diligence of a prudent businessman. This liability is not typical for services, but is limited to deficiencies in performance, damage, consequential damage or disruptions that can be traced back to willful intent or gross negligence on the part of the hotel. Should disruptions or deficiencies in the hotel’s services occur, the hotel will endeavor to remedy the situation if the customer becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
2. The hotel is liable to the customer for items brought in according to the statutory provisions, that is up to one hundred times the room price, but not more than € 3,500.00, and for money and valuables up to € 800.00. Money, securities and valuables up to a maximum value of EUR 7,500.00 can be stored in the hotel and room safe. The hotel recommends that you use this option. The liability claims expire if the customer does not notify the hotel immediately after gaining knowledge of loss, destruction or damage (Section 703 BGB). For any further liability of the hotel, the above paragraph 1 sentence to 4 applies accordingly.
3. The statutory provisions apply to the unlimited liability of the hotel.
4. If the customer is provided with a parking space in the hotel garage or on a hotel car park, even for a fee, this does not result in a safekeeping agreement. The hotel is not liable in the event of loss of or damage to vehicles parked or maneuvered on the hotel property and their contents, except in the case of intent or gross negligence. This also applies to the hotel’s vicarious agents.
5. Wake-up calls are carried out by the hotel with great care. Claims for damages, except for gross negligence or intent, are excluded.
6. Messages, mail and shipments of goods for guests are handled with care. The hotel will deliver, store and – on request – forward the same for a fee. Claims for damages, except for gross negligence or intent, are excluded.
1. Changes or additions to the contract, the acceptance of applications or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
2. Place of fulfillment and payment is the seat of the hotel.
3. Exclusive place of jurisdiction – also for check and Exchange disputes – is in the commercial sector. Traffic the seat of the hotel. If a contractual partner meets the requirements of Section 38 (1) ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the hotel’s registered office.
4. German law applies.
5. Should individual provisions of these terms and conditions for hotel accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.