GENERAL TERMS AND CONDITIONS
for the Hotel Accommodation Agreement with Altstadthotel & Appartements Hayk, Frankenwerft 9, 50667 Cologne, Germany.
The German language shall prevail in case of discrepancies.
I. SCOPE OF APPLICATION
1. These terms and conditions apply to contracts for letting hotel rooms for accommodation including all other services and deliveries provided by the Hotel to the Customer.
2. The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require prior written consent of the Hotel, whereby § 540 Section 1, sentence 2 BGB will be excluded in so far as the Customer is not a consumer.
3. Terms and conditions of the Customer are applicable only if this has been expressly agreed upon in writing beforehand.
II. CONCLUSION OF CONTRACT, CONTRACTING PARTY, STATUTE OF LIMITATIONS
1. The contract is concluded when the Hotel accepts Customer’s proposal or reservation. The Hotel is at liberty to confirm the room booking in writing. Reservations made orally or by telephone shall also be the conclusion of a contract for both parties to the contract.
2. Contracting parties are the Hotel and the Customer. If a third party has ordered for the Customer, the third party is jointly and severally liable to the Hotel together with the Customer for all obligations arising from the Hotel Accommodation Agreement, provided that such a declaration of the third party is presented to the Hotel.
III. SERVICES, PRICES, PAYMENT, SET-OFF
1. The Hotel has to keep the rooms booked by the Customer ready and has to provide the agreed services.
2. The Customer must pay the applicable or agreed Hotel-prices for the room allocation and the other services used by him. This also applies to services and expenses of the Hotel to third parties caused by the Customer.
3. The agreed prices include the respective statutory value-added tax. If the period between conclusion of the contract and fulfillment of the contract exceeds four months and if the price generally charged by the Hotel for such services increases, the Hotel may increase the contractually agreed price appropriately, but by a maximum of 5%. Changes to the level of value-added tax after conclusion of the contract may be passed on from the Hotel to the Customer and may change the agreed price.
Not included are local taxes, which are owed by the guest according to the local law, such as the City Art & Culture Tax (currently 5% of the gross accommodation price).
4. The Hotel may also change the prices if the Customer subsequently wishes to change the number of rooms booked, the Hotel’s services or the length of stay of the guests and the Hotel agrees to this.
5. Invoices of the Hotel without due date are payable without deduction within 10 days from receipt of the invoice. The Hotel may at any time make due accrued claims and demand immediate payment. In the event of default in payment, the Hotel is entitled to charge the respective applicable statutory default interest, the current rates of which are 8% above the base interest rate or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. The Hotel reserves the right to prove higher damages.
6. The Hotel is entitled to demand an appropriate advance payment or security upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
7. The Customer may only offset or reduce a claim of the Hotel with an undisputed or claims that have been awarded by final and non-appealable judgment.
8. Pets are not permitted.
IV. WITHDRAWAL BY THE CUSTOMER (I.E. REVERSING ENTRY, CANCELLATION) AND NON-USE OF THE HOTEL’S SERVICES
1. Withdrawal by the Customer from the contract concluded with the Hotel requires the Hotel’s written consent. If this is not obtained, the price agreed in the contract must be paid even if the Customer does not make use of the contractual services. This shall not apply if the Hotel violates its obligation to take into account the Customer’s rights, legal interests and interests provided that, as a result, it is no longer reasonable to expect the Customer to adhere to the contract, or if the Customer is entitled to another statutory or contractual right of withdrawal.
2. If a date to withdraw from the contract free of charge has been agreed in writing between the Hotel and the Customer, the Customer may withdraw from the contract up to this date without triggering claims for payment or damages on the part of 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 withdrawal by the Customer in accordance with number 1 sentence 3.
3. The Hotel is at liberty to demand the contractually agreed remuneration and to make a lump-sum deduction for saved expenses. In this case, the Customer must pay at least 90% of the contractually agreed price for accommodation with or without breakfast. The Customer is at liberty to prove that the above-mentioned claim did not arise or did not arise in the claimed amount.
V. WITHDRAWAL BY THE HOTEL
1. If the Customer’s right to withdraw from the contract free of charge within a specified period has been agreed in writing, the Hotel is entitled to withdraw from the contract during the same period too, if requests from other customers for the contractually booked rooms exist and the Customer does not waive his right to withdraw upon the Hotel’s query.
2. If an advance payment is agreed or requested in accordance with clause III number 6 and such advance payment is not made even after a reasonable additional period of time set by the Hotel has elapsed, the Hotel is also entitled to withdraw from the contract.3. Furthermore, the Hotel is entitled to withdraw extraordinarily from the contract for objectively justified reasons, for example if
- force majeure or other circumstances for which the Hotel is not liable make the performance of the contract impossible
- rooms are be booked with misleading or false statements of essential facts, e.g. in the person of the Customer or the purpose;
- the Hotel has reason to believe that the use of the Hotel services may endanger the Hotel’s smooth business operations, security or public image, without this being attributable to the Hotel’s sphere of control or organisation;
- there is a violation of clause I number 2 above.
4. In the event of justified withdrawal by the Hotel, the Customer has no right to claim compensation for damages.
VI. ROOM PROVISION, HANDOVER AND RETURN
1. The Customer has no right to claim the provision of specific rooms.
2. Booked rooms are available to the customer from 03:00 pm on the agreed day of arrival. The customer has no right to claim an earlier check in.
3. On the agreed day of departure, the rooms must be vacated and made available to the Hotel by 11:00 am at the latest. After this, due to the delayed vacating of the room, the Hotel may charge 50% of the full accommodation price (list price) for its use in excess of the contract until 18:00 and 100% from 18:00 onwards. This does not create contractual rights of the Customer. The Customer is free to prove that the Hotel has no or a considerably lower claim for compensation for use.
VII. LIABILITY OF THE HOTEL
1. The Hotel adheres to its contractual liabilities with the diligence of a prudent businessman. Claims of the Customer for compensation of damages are excluded. This exclusion does not apply to damages resulting from injury to life, body or health if the Hotel is responsible for the breach of duty, to other damages based on an intentional or grossly negligent breach of duty by the Hotel and to damages based on an intentional or negligent breach of typical contractual duties of the Hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the Hotel. Should disturbances or defects in the Hotel’s services occur, the Hotel will endeavor to provide remedy upon knowledge or upon immediate notification by the Customer. The Customer has to contribute what is reasonable to him in order to remedy the disturbances and to keep possible damage to a minimum.
2. For items brought in, the Hotel is liable to the Customer according to the statutory provisions, which is up to a hundred times the room price but not more than € 3,500 not more than € 800 and for money, securities and valuables. Money, securities and valuables may be stored in the room safe up to a maximum value of € 800 and in the hotel safe up to € 20,000. The Hotel recommends to use this option. The liability claims expire if the Customer does not notify the Hotel immediately after obtaining knowledge of loss, destruction or damage (§ 703 BGB). For any further liability on the part of the Hotel, the above number 1 sentences 2 to 4 shall apply mutatis mutandis.
3. If the Customer is provided with a parking space in the Hotel garage or on a Hotel car park, whether free of charge or for a fee, this shall not constitute a custody agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the Hotel property and to their contents, the Hotel shall not be liable, except in cases of intent or gross negligence. The above number 1 sentences 2 to 4 shall apply mutatis mutandis.
4. Wake-up orders are carried out by the Hotel with the utmost care. Messages, mail and goods for guests are handled with care. The Hotel takes over the delivery and storage as well as – on request and for a fee – the forwarding of the same. The above number 1 sentences 2 to 4 shall apply mutatis mutandis.
VIII. FINAL PROVISIONS
1. Changes or amendments to the contract, to the acceptance of the proposal or to these Terms and Conditions for Hotel Accommodation must be made in writing. Unilateral changes or additions by the Customer are invalid.
2. Place of performance and payment is the registered office of the Hotel.
3. In commercial dealings, exclusive place of jurisdiction – including those concerning cheques and bills of exchange – shall be at the registered office of the Hotel. If a party to the contract fulfils the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the Hotel.
4. German law is applicable. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and the application of conflict of laws is excluded.
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. In all other respects, the statutory provisions shall apply.