GTCs
CONTENT
GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT (AGBH 8.1)
1 SCOPE
1.1 These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). They do not apply to package tours within the meaning of § 651a BGB. The term “Hotel Accommodation Agreement” shall include and replace the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
1.2 Subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby the right of termination pursuant to Section 540 (1) Sentence 2 BGB is waived.
1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in text form.
2 CONCLUSION OF THE CONTRACT, -PARTNERS
3. SERVICES, PRICES, PAYMENT, OFFSETTING
3.1 The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
3.2 Der Kunde ist verpflichtet, die für die Zimmerüberlassung und die von ihm in Anspruch genommenen weiteren Leistungen vereinbarten bzw. geltenden Preise des Hotels zu zahlen. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel.
3.3 The agreed prices shall include the taxes and local charges applicable at the time of the conclusion of the contract. Not included are local taxes that are owed by the guest according to the respective local law, such as visitor’s tax. In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion and performance of the contract exceeds four months.
3.4 If payment on account has been agreed, payment shall be made without deduction within ten days of receipt of the invoice, unless otherwise agreed. Allgemeine Geschäftsbedingungen für den Hotelaufnahmevertrag (AGBH 8.1)
© Hotelverband Deutschland (IHA) e.V. Seite 2 Stand: November 2021
3.5 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in the contract in text form. In the event of default in payment by the customer, the statutory provisions shall apply.
3.6 In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract and up to the beginning of the stay, to demand an advance payment or provision of security within the meaning of Item 3.5 above or an increase in the advance payment or provision of security agreed in the contract up to the full agreed remuneration.
require.
3.7 The hotel is further entitled to demand from the customer at the beginning and during the stay a reasonable advance payment or security deposit within the meaning of clause 3.5 above for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with clause 3.5 and/or clause 3.6 above.
3.8 Der Kunde kann nur mit einer unstreitigen oder rechtskräftigen Forderung gegenüber einer Forderung des Hotels aufrechnen oder verrechnen.
3.9 The customer agrees that the invoice may be sent to him electronically.
4 CANCELLATION/TERMINATION (“CANCELLATION”) BY THE CUSTOMER NON-UTILIZATION OF THE SERVICES OF THE
HOTELS („NO SHOW“)
4.1 Unilateral termination by the customer of the contract concluded with the hotel is only possible if
a right of rescission has been expressly agreed in the contract or a statutory right of rescission or
right of termination exists.
4.2 If the hotel and the customer have agreed on a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise this right in text form towards the hotel by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired and there is also no statutory right of withdrawal or termination, the hotel shall retain the claim to the agreed remuneration despite the non-utilization of the service. The hotel has to take into account the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not otherwise rented out, the hotel may make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast as well as for package arrangements with external services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.
5 CANCELLATION OF THE HOTEL
5.1 Sofern vereinbart wurde, dass der Kunde innerhalb einer bestimmten Frist kostenfrei vom Vertrag zurücktreten kann, ist das Hotel in diesem Zeitraum seinerseits berechtigt, vom Vertrag zurückzutreten, wenn Anfragen anderer Kunden nach den vertraglich gebuchten Zimmern vorliegen und der Kunde auf Rückfrage des Hotels mit angemessener Fristsetzung auf sein Recht zum Rücktritt nicht verzichtet. This
gilt entsprechend bei Einräumung einer Option, wenn andere Anfragen vorliegen und der Kunde auf Rückfrage des Hotels mit angemessener Fristsetzung nicht zur festen Buchung bereit ist
5.2 If an advance payment or security deposit agreed or demanded pursuant to Section 3.5 and/or Section 3.6 is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to rescind the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons, in particular if – force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; – rooms or rooms are culpably booked with misleading or false information or concealment of material facts;
the identity of the customer, the ability to pay or the purpose of the stay may be material; – the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the security or the reputation of the hotel in public, without this being attributable to the control or organizational sphere of the hotel; – the purpose or the reason for the stay is unlawful; – there is a violation of the above-mentioned section 1.2.
5.4 The justified withdrawal of the hotel does not entitle the customer to claim damages. Should the hotel have a claim for damages against the customer in the event of a withdrawal in accordance with the aforementioned section 5.2 or 5.3, the hotel may make a lump-sum payment for such damages. Clause 4.3 shall apply accordingly in this case.
6 ROOM PROVISION, HANDOVER AND RETURN
6.1 The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed in text form.
6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. Der Kunde hat keinen Anspruch auf frühere Bereitstellung
6.3 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, due to the late vacating of the room, the hotel may charge 50% of the full accommodation price (price according to the price list) for its use in excess of the contract until 6:00 pm, and 90% after 6:00 pm. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotel has not incurred any or a significantly lower claim for compensation for use
7 LIABILITY OF THE HOTEL
7.1 Das Hotel haftet für von ihm zu vertretende Schäden aus der Verletzung des Lebens, des Körpers oder der Gesundheit. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by the hotel. Typical contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this clause 7. In the event of disruptions or deficiencies in the hotel’s services, the hotel will endeavor to remedy the situation if it becomes aware of them or if the customer complains about them without delay. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum.
7.2 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
7.3 Soweit dem Kunden ein Stellplatz in der Hotelgarage oder auf dem Hotelparkplatz, auch gegen Entgelt, zur Verfügung gestellt wird, kommt dadurch kein Verwahrungsvertrag zustande. Bei Abhandenkommen oder Beschädigung auf dem Hotelgrundstück abgestellter oder rangierter Kraftfahrzeuge und deren Inhalte haftet das Hotel nur nach Maßgabe der vorstehenden Ziffer 7.1, Sätze 1 bis 4
7.4 Wake-up orders are executed by the hotel with the utmost care. Messages for customers are handled with care. The hotel can, after prior agreement with the customer, take over the acceptance, storage and – on request – against payment the forwarding of mail and merchandise shipments. The hotel shall only be liable in this respect in accordance with the above section 7.1, sentences 1 to 4.
8 FINAL PROVISIONS
8.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions
Terms and conditions shall be in text form. Einseitige Änderungen oder Ergänzungen sind
ineffective.
8.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction shall be Münster Westphalia. However, the hotel may optionally sue the customer at the customer’s registered office. The same shall apply in each case to customers who do not fall under sentence 1 if they do not have their registered office or place of residence in a member state of the EU.
8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded
8.4 In accordance with the legal obligation, the Hotel points out that the European Union has established an online platform for the out-of-court settlement of consumer disputes (“ODR platform”): http://ec.europa.eu/consumers/odr/ However, the Hotel does not participate in dispute resolution proceedings before consumer arbitration boards
General terms and conditions for social and conference events
- Our terms and conditions apply to events held in separate rooms.
- We charge an obligatory room rental fee ( see room overview page for graduation ) per room/day.
- In principle, only one menu ordered in advance for all guests is possible. We will be notified of the selection 10 days prior to the start of the event. Isolated vegetarian as well as allergy-related wishes will be taken into account at short notice.
- The basis for the calculation of our menus or buffets is the number of persons, which has been communicated to us bindingly 24 hours before the event and may differ by a maximum of 10% from the preceding, stated number of persons.
- Floral decorations, menu cards and music are charged separately. Own decoration/menu cards etc. will be distributed in the rooms by the organizer himself, otherwise we will charge a labor fee of € 100,00. This also applies to the distribution of gifts in the hotel rooms.
- Musicians’ and artists’ fees are to be settled by the organizer directly with the persons concerned. GEMA fees are charged for dance events, these are borne by the organizer. Dismantling of the technology must take place by 9:00 a.m. at the latest on the following day or after special consultation.
- Bei Veranstaltungen, die sich über 1.00 Uhr nachts ausdehnen, berechnen wir grundsätzlich einen Nachtzuschlag, welcher pro Mitarbeiter und Stunde € 30,00 beträgt. The closing time in NRW begins at 5:00 a.m. Until that time, the premises are at your disposal.
- Unsere Preise sind Endpreise, in denen die gesetzliche Mehrwertsteuer enthalten ist. In the case of long-term orders, we reserve the right to make a possible recalculation depending on the market situation.
- For events that require a complete all furniture to be removed, a conversion fee of € 500.00 will be charged.Bei Veranstaltungen, die eine Kompletträumung der Säle erfordert, wird eine Umstellgebühr von € 500,00 erhoben. For our chapel we charge a usage fee of € 300,00.
- When using high-voltage current, it is billed according to consumption.
- For music and dance events, a minimum purchase of 15 hotel rooms (double rooms) is required. If the acceptance is lower, the difference will be charged as room rent.
- Our invoices are payable without deduction net cash within 14 days of issue. Credit cards are not accepted.
- If an event is cancelled 6 weeks before the start of the event, we reserve the right to calculate the provision costs or calculate the lost operating profit from the planned deliveries and services. A partial reduction of the booked room contingent can be made up to 6 weeks before arrival. Rooms cancelled after this deadline may be charged 80% of the accommodation price. For the failure of the
Room in the framework of a full board, the loss is 60% of the agreed variant. In case of a reduction of more than 20% of the booked rooms as well as the confirmed number of persons less than 14 days before the beginning of the event, we reserve the right to charge 80% of the lost services. - Please let us know the correct company or private address before arrival. Due to the guidelines of the Federal Ministry of Finance, invoices that have already been issued may not be changed afterwards. For the accommodation tax exemption, a correct company address or, in the case of self-employment, the VAT identification number must also be provided.
- Our Privacy Policy forms part of these Terms and Conditions. Datenschutzerklärung
- The general non-smoking law NRW applies.
- Gerichtsstand ist Münster/Westfalen.