GENERAL TERMS AND CONDITIONS FOR THE HOTEL AGREEMENT, Hotel Saarburger Hof
2. the subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
3. the customer’s terms and conditions shall only apply if this has been expressly agreed in writing in advance.
II. Conclusion of contract, contractual partners; limitation period
1. The contract is concluded upon acceptance of the customer’s application by the hotel.
2. The 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 debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
3. All claims against the hotel shall generally become statute-barred one year after the commencement of the regular limitation period of § 199 para. 1 BGB (German Civil Code). Claims for damages shall become statute-barred after five years, irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. services, prices, payment, offsetting
1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obliged to pay the hotel’s applicable or agreed prices for the provision of the room and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer.
3. The agreed prices include the respective statutory value added tax.
4. The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel’s services or the length of stay of the guests and the hotel agrees to this.
5. Hotel invoices are payable on the day of departure without deduction.
6. The hotel is entitled to demand a reasonable advance payment in the form of a credit card guarantee or security deposit upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
IV. Cancellation – withdrawal by the customer / non-use of the hotel’s services
You can cancel your room free of charge up to 18:00 before the day of arrival.
Group bookings of 4 rooms or more can be canceled free of charge 7 days before arrival.
Cancellations outside the given framework will be charged at 80% of the booking price for a maximum of 2 nights.
The fees do not apply if we are able to let the rooms to other guests.
V. Withdrawal by the hotel
1. Insofar as the customer’s right to cancel the contract free of charge within a certain period has been agreed in writing, the hotel is entitled to cancel the contract during this period if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not waive his right to cancel upon inquiry by the hotel.
2. if an agreed advance payment or an advance payment demanded in accordance with Clause III No. 6 above is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.
3. furthermore, the hotel is entitled to extraordinarily withdraw from the contract for objectively justified reasons, for example if
– force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
– rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose;
– the hotel has justified cause to believe that the use of the hotel’s services may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization.
there is a breach of clause 1 no. 2 above.
4. in the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.
Vl. provision, handover and return of rooms
1. The customer is not entitled to the provision of specific rooms. In particular in the case of bookings for one night, the guest can be rebooked into another room of at least the same category or higher.
2. Booked rooms are available to the customer from 2 p.m. on the agreed day of arrival. The customer is not entitled 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. After this time, the hotel may charge 50% of the full accommodation price (list price) for the late vacating of the room until 12.00 noon, and 100% from 12.00 noon onwards.
V. Liability
1. The hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. 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 based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Should disruptions or defects in the hotel’s services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.
2. The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of € 1,000. The liability claims expire if the customer does not notify the hotel immediately after gaining knowledge of the loss, destruction or damage (§ 703 BGB). The above number 1 sentences 2 to 4 apply accordingly to any further liability of the hotel.
3. Insofar as the customer is provided with a parking space in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. The above number 1 sentences 2 to 4 apply accordingly.
Messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and – on request – forward them for a fee.
VIII Final provisions
1. Amendments or additions to the contract, the acceptance of the application or these
Terms and Conditions for Hotel Accommodation shall be made in writing. Unilateral amendments or additions by the customer are invalid.
2. The place of performance and payment is the registered office of the hotel.
3. The exclusive place of jurisdiction – also for disputes concerning cheques and bills of exchange – in commercial transactions is the registered office of the hotel. If a contractual partner fulfills 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 shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the 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.