General terms and conditions for accommodation
the Small Hotel GmbH, Am Eulenhof 14, 95326 Kulmbach, registered in the commercial register of the district court of Bayreuth, registration number HRB 7031 – hereinafter referred to as "Hotel" –
its customers – hereinafter referred to as "Customer”
§ 1 Scope and basis of contract
(1) These general terms and conditions (hereinafter referred to as "GTC") of the hotel in the version valid at the time of conclusion of the contract shall 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).
(2) The subletting or reletting 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, whereby paragraph 540, subparagraph 1, sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer within the meaning of paragraph 13 of the BGB.
(3) Terms and conditions of the customer that conflict with or deviate from these GTC shall generally not be recognized by the hotel. Anything to the contrary shall only apply if the hotel expressly agrees to them in writing by way of exception. These GTC shall also apply if the hotel provides services to the customer with knowledge of terms and conditions that conflict with or deviate from these GTC.
§ 2 Conclusion of contract, limitation period
(1) The contracting parties are the hotel and the customer. The contract is coming into effect by the hotel's acceptance of the customer's application. The hotel is free to confirm the room booking in text form.
(2) All claims against the hotel are generally subject to a limitation period of one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel.
(3) The services of the hotel may only be used by customers of full age and unrestricted legal capacity. For a legal entity or partnership with legal capacity, the services may only be commissioned by a person with unlimited legal capacity, of full age and authorized to represent the company.
§ 3 Services, prices
(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 hotel's agreed or applicable prices for the provision of the room and the other services used by the customer. This also applies to services ordered by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel.
(3) The agreed prices include the taxes and local charges applicable at the time of the conclusion of the contract. Not included are local taxes, which are owed by the customer according to the respective local law. In the case of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between the conclusion and performance of the contract exceeds four months.
(4) The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel's service or the customer's length of stay conditional upon a reasonable increase in the price for the rooms and/or for the hotel's other services.
§ 4 Terms of payment
(1) Invoices of the hotel are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment shall be made without deduction within ten days of receipt of the invoice, unless otherwise agreed.
(2) The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected. In the event of default of payment by the customer, the statutory provisions shall apply.
(3) In justified cases, in particular payment arrears on the part of the customer or expansion of the scope of the contract, the hotel is entitled, even after conclusion of the contract until the beginning of the stay, to demand an advance payment or security deposit within the meaning of paragraph 4 subparagraph 2 of these GTC or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
(4) Furthermore, the hotel is entitled to demand an appropriate advance payment or security deposit within the meaning of paragraph 4 subparagraph 2 of these GTC from the customer at the beginning and during the stay for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with paragraph 4 subparagraph 2 and/or subparagraph 3 of these GTC.
(5) The customer agrees that the invoice may be sent to him electronically.
§ 5 Withdrawal of the customer, non-utilization
(1) The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract or if a statutory right of withdrawal exists. The hotel is free to agree to a cancellation of the contract.
(2) If the subject of the contract is the provision of three or fewer hotel rooms, the customer may withdraw from the contract up to the day before the day of arrival without triggering payment or damage compensation claims by the hotel.
(3) If the subject of the contract is the provision of four or more hotel rooms, the hotel accommodation contract does not grant the customer a right of withdrawal. In this case, a right of withdrawal can only be agreed between the hotel and the customer in individual cases.
(4) If a right of withdrawal has not been agreed upon or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the claim to the agreed remuneration even if the service is not used. The hotel shall credit the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obligated to pay 90 per cent of the contractually agreed price for overnight stays with or without breakfast as well as for package arrangements with third-party services, 70 per cent for half-board and 60 per cent for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount demanded.
§ 6 Withdrawal of the hotel
(1) If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel is entitled for its part to withdraw from the contract within this period of time if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel with a reasonable deadline. This applies accordingly in the case of granting an option if other inquiries exist and the customer is not prepared to make a firm booking upon inquiry by the hotel with a reasonable deadline.
(2) If an advance payment or security deposit agreed or demanded in accordance with paragraph 4 of these GTC 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.
(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 are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the customer, the ability to pay or the purpose of the stay;
- the hotel has justified reason 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 hotel's sphere of control or organization;
- the purpose or reason for the stay is unlawful;
- there is a violation of paragraph 1 subparagraph 2 of these GTC.
(4) The justified withdrawal of the hotel does not entitle the customer to compensation.
§ 7 Provision of rooms
(1) The customer does not acquire a claim to the provision of certain 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 arrival day. The customer has no right to earlier provision.
(3) On the agreed departure day, the rooms must be vacated and made available to the hotel no later than 12:00 noon. After this time, the hotel may charge 50 per cent of the full accommodation price (price according to the price list) due to the delayed vacating of the room for its use in excess of the contract until 6:00 p.m., and 90 per cent from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.
§ 8 Liability
(1) The hotel is liable for damages resulting from injury to life, body or health for which it is responsible. 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 performance 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 a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in paragraph 8 of these GTC.
(2) In the case 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 he can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum.
(3) The hotel shall be 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, a separate storage agreement with the hotel is required.
(4) Insofar as a parking space is made available to the customer in the hotel garage or in the hotel parking lot, even for a fee, this shall not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel's property and their contents, the hotel shall be liable only in accordance with paragraph 8, subparagraph 1 of these GTC.
(5) Wake-up orders are executed by the hotel with the utmost care. Messages for the customers will be handled with care. Upon prior agreement with the customer, the hotel may accept, store and – upon request – forward mail and merchandise shipments for a fee. The hotel shall be liable in this respect only in accordance with paragraph 8, subparagraph 1 of these GTC.
(6) Insofar as liability is excluded or limited, this shall also apply to the personal liability of the hotel's employees, staff, representatives, bodies and vicarious agents.
(7) The aforementioned limitations of liability shall not apply insofar as a mandatory strict liability arises from the law.
§ 9 Language
These GTC are provided in German and English.
§ 10 Conciliation Procedure and Complaint Resolution
Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online settlement of consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on Online Dispute Resolution in Consumer Matters) created an online platform for out-of-court dispute resolution in consumer matters. This online platform is located at http://ec.europa/consumer/odr/. The hotel is neither obligated nor willing to participate in dispute resolution proceedings before consumer arbitration boards.
§ 11 Offsetting and right of retention
The customer shall have no right of set-off or retention unless the counterclaim is undisputed or has been finally adjudicated.
§ 12 Severability clause
Should one of the provisions of these GTC be wholly or partially invalid, ineffective or otherwise unenforceable, this shall not affect the legal validity of the remaining provisions. The same shall apply in the event of unforeseen loopholes. Insofar as a provision is ineffective, missing or void, the respective legal regulation shall take its place.
§ 13 Applicable law
These GTC as well as the relationship between the customer and the hotel are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
§ 14 Place of performance, place of jurisdiction
The place of performance and, in commercial transactions, the place of jurisdiction for all present and future claims and disputes arising from or in connection with this agreement, including disputes relating to checks and bills of exchange, shall be Kulmbach. If the customer has no general place of jurisdiction in Germany, Kulmbach shall also be the place of jurisdiction.