Imprint
Hotel Klingelhöffer GmbH Co. KG
Hersfelderstr. 47
D – 36304 Alsfeld
P: +49 (0) 6631 911 840
F: +49 (0) 6631 911 8413
www.hotel-klingelhoeffer.de
Owner / Managing Director: Gabriele Klingelhöffer-Döpke und Roland Döpke
Finanzamt Alsfeld-Lauterbach USt.ID-Nr: DE 327969050
Concept, design, implementation:
Disclaimer
General Terms and Conditions for Hotel Accommodation and Hotel Accommodation Contracts
I. Scope of Application
(1) These General Terms and Conditions apply in particular to contracts for the rental of hotel rooms for lodging purposes, as well as to all other services and deliveries provided by the hotel for the customer.
2) The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel.
3. the customer’s terms and conditions shall only apply if this has been expressly agreed in writing in advance.
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II.conclusion of contract,- partner; limitation period , reservations
1. the contract is concluded by the hotel’s acceptance of the customer’s application. The hotel is free to confirm the room reservation in writing.
1.1 The hotel may agree two forms of reservation with the customer:
a.) 6:00 p.m. reservation: The customer must check into his room by 6:00 p.m.. After this time, the hotel may sublet the room to other persons.
b.) Guaranteed reservations: The hotel guarantees the customer a room of the desired category for the booked period, regardless of the customer’s arrival time.
and for the booked period. As a rule, such a reservation is guaranteed only upon prior communication of the credit card number or upon written resevation.
2. contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
All claims against the hotel shall become statute-barred one year after the beginning of the regular statute of limitations according to §199 para. 1 BGB (German Civil Code). Claims for damages shall become statute-barred after five years, irrespective of knowledge. The shortening of the statute of limitations does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
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III. services, prices, payments, offsetting
(1) The hotel is obligated to provide the rooms booked by the customer and to render the agreed services.
The customer is obligated to pay the prices of the hotel applicable or agreed upon for the provision of the rooms and the other services used by the customer.
This also applies to services and expenses of the hotel to third parties arranged by the customer.
The agreed prices include the respective statutory value-added tax. If the period between the conclusion 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 by a reasonable amount, but by no more than 5%.
4. prices may also be changed by the hotel if the customer subsequently requests changes in 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 within 10 days from receipt of the invoice without deduction. The hotel is entitled to call in accrued receivables at any time and to demand immediate payment. In the event of late payment, the Hotel shall be entitled to charge the applicable statutory interest on arrears, currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove higher damages. 6.
The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment or the payment dates can be agreed in writing in the contract.
The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
IV. withdrawal of the customer (i.e. cancellation) / non-utilization of the hotel’s services.
1. in the case of rooms not used by the customer, the hotel shall credit the income from renting the rooms to other parties as well as the saved expenses.
2. the hotel is free to demand the contractually agreed remuneration and to make a lump-sum deduction for saved expenses. In this case, the customer is obligated to pay at least 90% of the contractually agreed price for overnight accommodation with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the above claim has not arisen or has not arisen in the amount claimed.
V.Withdrawal of the hotel
(1) If the customer’s right to withdraw from the contract free of charge within a certain period of time has been agreed upon in writing, the hotel shall be entitled to withdraw from the contract within this period of time if there are requests from other customers for the contractually reserved rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel.
2. if an agreed advance payment or an advance payment demanded above pursuant to clause II. no. 6 is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example, if force majeure or other circumstances for which the hotel is not responsible make the fulfillment of the contract impossible; if rooms are booked
the contract is impossible; rooms are booked under misleading or false information of material 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 management may jeopardize the smooth operation, safety or reputation of the hotel in public, without this being attributable to the control or organization of the hotel.
organizational sphere of the hotel;
4. in the event of justified withdrawal by the hotel, the customer shall not be entitled to compensation.
VI.room provision ,handover and return
1) The customer does not acquire the right to the provision of certain rooms.
2. booked rooms are available to the customer from 3.00 p.m. on the agreed day of arrival. The customer has no right to earlier provision.
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 this time, the hotel may charge 50% of the full accommodation price (list price) for late vacating of the room for its use in excess of the contract until 4:00 p.m., and 100% from 4:00 p.m. onwards. Contractual claims of the customer are not justified by this. He is free to prove
to prove that the hotel has no or a significantly lower claim to a usage fee.
VII.Liability of the hotel
1. the hotel is liable with the diligence of a prudent businessman for its obligations under the contract. Claims of the customer for damages 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 resulting from an intentional or grossly negligent breach of duty by the hotel and damages resulting from an intentional or negligent breach of typical contractual duties by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or deficiencies in the hotel’s services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and to minimize any possible damage.
The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, not exceeding € 3,500, and for money, securities and valuables up to € 800. Money, securities and valuables may be stored in the hotel safe up to a maximum value of € 7,500. The hotel recommends making use of this possibility. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). For a more extensive liability of the hotel, the above
No. 1 sentences 2 to 4 apply accordingly.
Insofar as a parking space is made available to the customer in the hotel garage or in a hotel parking lot, even for a fee, this shall not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on hotel property and their contents, except in cases of intent or gross negligence. Number 1 sentences 2 to 4 above shall apply accordingly.
4.Wake-up calls shall be carried out by the hotel with the utmost care. Messages, mail and merchandise shipments for guests will be handled with care. The hotel will take care of delivery, safekeeping and – upon request – forwarding of the same against payment. Number 1 sentences 2 to 4 above shall apply accordingly.
VIII.final clause
1. changes or additions to the contract, the acceptance of the application 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 performance and payment is the registered office of the hotel.
The exclusive place of jurisdiction – also for disputes regarding checks and bills of exchange – in commercial transactions shall be the registered office of the hotel. If a contracting party fulfills the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel company. 4.
4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the Conflict of Laws shall be 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.
Otherwise, the statutory provisions shall apply.
