GENERAL TERMS AND CONDITIONS (AS OF 30.04.2019) OF THE GENIESSER-HOTEL ALTES GYMNASIUM IN HUSUM
1. SCOPE OF APPLICATION
These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and other services of the Hotel Atres Gymnasium in Husum (hotel accommodation contract), hereinafter referred to as Hotel. The hotel operates under the name Altes Gymnasium Husum Hotel GmbH & Co. KG, represented by Altes Gymnasium Husum GmbH, represented by Lenka Mörck. The hotel building is located at Süderstr. 2-10 in 25813 Husum. The registered office is Grazer Platz 1 in 24988 Oeversee.
2) The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation shall require the prior consent of the hotel in text form. 3.
3. the customer’s general terms and conditions of business shall only apply if this has been expressly agreed in writing in advance.
2. CONCLUSION OF THE CONTRACT, PARTNERS, LIMITATION PERIOD
(1) The hotel is at liberty to confirm the room booking in text form.
The contracting parties are the hotel and the customer. If a third party has placed an order on behalf of the customer, that party shall be liable to the hotel together with the customer as joint and several debtors. 3.
All claims against the hotel shall become statute-barred one year after the statutory commencement of the limitation period. Claims for damages shall become statute-barred after five years. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
3. SERVICES, PRICES, PAYMENT, SET-OFF
(1) The hotel is obligated to provide the rooms booked by the customer and to render the agreed services.
2. the customer is obligated to pay the applicable prices of the hotel for the provision of the room and the other services used by the customer. This shall also apply to services and expenses of the hotel to third parties arranged by the customer. The agreed prices include the respective statutory value added tax. 3.
3. the hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel’s services or the customer’s length of stay conditional upon an increase in the price for the rooms and/or for the hotel’s other services.
Invoices of the hotel are payable without deduction within 7 days of the invoice being sent. In the event of late payment, the hotel shall be entitled to charge a lump sum (late payment surcharge, handling fee) in the amount of 15.00 euros. 5.
The hotel is entitled to demand an advance payment or security deposit from the customer upon conclusion of the contract or upon arrival. 6.
(6) In justified cases, e.g. payment arrears on the part of the customer, the hotel shall be entitled to refuse further services.
7. the customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.
4. cancellation by the customer (cancellation, cancellation and no-show)
1. the customer’s withdrawal from the contract concluded with the hotel requires the hotel’s consent in text form. If this is not given, the agreed price under the contract shall be payable even if the customer does not make use of contractual services. 2.
If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge in text form, the customer may withdraw from the contract up to that date without triggering payment or damage compensation claims by the hotel. The customer’s right of withdrawal shall expire if he does not exercise his right of withdrawal vis-à-vis the hotel in text form by the agreed date.
In the case of rooms not used by the customer, the hotel shall offset the income from renting these rooms to other parties. If the rooms are not rented to another party, the hotel may charge the contractually agreed remuneration less saved expenses (a flat rate of 20%). 4.
The right to withdraw from the contract concluded with the hotel expires two weeks before the contractually agreed date of arrival. Note: According to Directive 2011/83/EU of the European Parliament, Article 16, the 14-day right of cancellation does not apply to hotel bookings. The hotel’s cancellation conditions apply.
5. CANCELLATION BY THE HOTEL
1. if it has been agreed in text form that the customer may withdraw from the contract free of charge within a certain period of time, the hotel is also entitled for its part to withdraw from the contract within this period of time (e.g. failure to make contractually agreed advance payment).
In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.
6. ROOM PROVISION, HANDOVER AND RETURN
(1) The customer shall not be entitled to the provision of specific rooms unless this has been expressly agreed in text form.
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 availability. 3.
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. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the late vacating of the room for its use in breach of the contract until 3:00 p.m., and 100% thereafter.
7. LIABILITY OF THE HOTEL
1. the hotel is liable for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages arising from injury to life, body or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of duties typical of the contract by the hotel. In the event of disruptions or defects in the hotel’s services, the hotel shall endeavour 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 minimise any possible damage. 2.
(2) The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. Accordingly, liability shall be limited to one hundred times the room rate, but not more than € 3,500, and, by way of derogation, for money, securities and valuables not more than € 800. Money, securities and valuables may be stored in the hotel safe up to a maximum value of € 3,500. 3.
Insofar as a parking space in the garage or in a hotel car park is made available to the customer, even for a fee, this does not constitute a safekeeping contract. In the event of loss of or damage to motor vehicles, trailers, motorbikes or trailers parked or manoeuvred on the hotel property and their contents, the hotel shall not be liable, except in cases of intent or gross negligence.
8. FINAL PROVISIONS
Amendments and supplements to the contract or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements by the customer shall be invalid. 2.
2. the place of performance and payment shall be the location of the hotel.
3) German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws or similar is excluded.
4. should individual provisions of these general terms and conditions 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.