GENERAL TERMS AND CONDITIONS
HOTEL ADMISSION CONDITIONS
These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes as well as all other services and supplies provided by the hotel for the customer. the following terms and conditions therefore become part of the hotel accommodation contract that comes into effect when you book accommodation with us.
Conclusion of Contract, Contract Partner; Statute of Limitations
With the booking, the guest makes a binding offer to the hotel to conclude the hotel accommodation contract. This offer is based on the description of the accommodation and the additional information in the booking basis (e.g. description of the location, classification explanation. The hotel is free to confirm the booking in writing.
2. the booking can be made verbally, in writing, by telephone, fax or email.
3. the contractual partners are the hotel and the customer. If a third party has ordered for the customer, the customer 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 the hotel has a corresponding declaration by the third party.
4. the contract is concluded upon receipt of the hotel’s confirmation of the booking, which may also be given verbally or by telephone.
5. offers made by the hotel at the request of the guest or the customer are, notwithstanding the above provisions, a binding contractual offer by the hotel. In such cases, the contract shall come into effect even without confirmation by the hotel if this offer, if specified within the period specified in the offer, is accepted without restrictions, changes or extensions by express declaration, down payment, payment of the balance or use of the accommodation.
Reservation and Cancellation by the Hotel
Non-binding reservations are only possible if expressly agreed with the hotel. As a rule, they are limited in time.
A non-binding reservation only leads to a legally binding guest accommodation contract if it is booked separately according to clause 1 of these terms and conditions.
3. if the customer’s right to withdraw from the contract free of charge within a certain period of time has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel. If an agreed advance payment is not made even after a reasonable grace period set by the hotel has expired, the hotel is likewise entitled to rescind the contract. Furthermore, the hotel is entitled to 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 fulfil 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 reasonable cause to believe that the use of the hotel’s services may jeopardize the smooth operation, safety or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization; the customer has no right to claim damages in the event of justified withdrawal by the hotel.
Prices and services, price increases
1. the prices stated are final prices and include the statutory value added tax and all incidental costs, unless otherwise stated with regard to incidental costs. Fees for services for which a consumption-based billing is specified in the booking basis or agreed separately (e.g. telephone) and for optional and additional services may be incurred and shown separately.
2. if the period between conclusion and performance of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately, but by no more than 10%.
3. the hotel may also change the prices if the customer subsequently requests changes to the number of rooms booked, the hotel’s services, or the length of guests’ stay, and the hotel agrees to such changes.
4. hotel invoices without a due date are payable within 14 days of receipt of the invoice without deduction. The hotel is entitled at any time to make accrued claims due and payable and to demand immediate payment. 5. the services owed by the hotel result exclusively from the content of the booking confirmation in connection with the respective basis for the booking, i.e. the valid brochure, the hotel’s website, or the other description of services and objects, as well as from any supplementary agreements made.
The due date of deposit and balance payment depends on the agreement made with the guest or the client. In the absence of such an agreement, the entire accommodation price, including charges for incidental expenses and additional services, shall be paid to the hotel in cash or by EC card prior to departure.
2. even without an express note in the booking confirmation, the hotel may demand a deposit of 20% of the total price.
Withdrawal and no-show of the guest
Unless otherwise agreed in writing, the following cancellation periods apply to room contingent bookings (5 or more room units): – 100% of the booked room units can be cancelled free of charge up to 6 weeks before arrival. – 50% of the booked room units per night can be cancelled free of charge up to 4 weeks prior to arrival – 10% of the booked room units per night can be cancelled free of charge until 2 weeks before arrival.
2. in the event of cancellation beyond the above-mentioned regulations, the hotel’s entitlement to payment of the agreed price of the stay including the share of meals and charges for additional services remains in force.
3. the hotel must allow for alternative occupancy and, to the extent that this was not possible, for saved expenses.
4. the saved expenses shall be charged as a lump sum. The hotel is entitled to the following amounts, each based on the total price of the accommodation service (including all additional expenses): For overnight stay/breakfast 90% For overnight stay/half board 70%
5. the customer is at liberty to prove that the above-mentioned claim has not arisen or has not arisen in the required amount.
Duties of the customer, termination
Unless otherwise agreed, the accommodation can only be used by the guest for whom it was booked. Other occupancy, in particular subletting, and in the case of commercial clients, in particular the passing on of accommodation quotas, is not permitted.
2 The guest is obliged to treat the accommodation and its facilities as well as all facilities of the accommodation facility itself only in accordance with the intended use, if available in accordance with the regulations for use and as a whole with care.
3. the guest can only terminate the contract in the event of significant defects or faults. The Guest must first set the Hotel a reasonable period of time to remedy the situation, unless no remedy is possible, is refused by the Hotel, or the immediate termination is objectively justified by a special interest of the Guest that is recognizable to the Hotel, or the continuation of the stay is objectively unreasonable for the Guest for such reasons.
4. pets may only be taken along and accommodated in the accommodation in the event of an express agreement to this effect, if the hotel provides for this possibility in the invitation to tender. Within the scope of such agreements, the Guest is obligated to provide truthful information about the type and size of the pet. Violations of this obligation may entitle the hotel to terminate the hotel accommodation contract without notice.
The hotel may terminate the guest accommodation contract without notice if the guest or his/her fellow travelers, despite a warning from the hotel, cause a sustained disruption to the hotel’s operations or the execution of the stay, or if the guest behaves in such a manner contrary to the contract that the immediate termination of the contract is justified. If the hotel cancels the contract, the provisions of Clause V apply accordingly to the claim for payment by the hotel.
Room handover and return
The guest is not entitled to the provision of specific rooms. Booked rooms are available to the customer from 15.00 hours on the agreed day of arrival. The customer has no claim to earlier provision.
2. on the day of departure, the rooms must be vacated and made available by 11.00 a.m. at the latest Thereafter, the hotel may charge 50% of the full accommodation price due to the late vacating of the room by 6 p.m., and 100% from 6 p.m. onwards. Contractual claims of the customer shall not be justified by this. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.
The hotel shall not be liable for disruptions in performance in connection with services that are merely arranged as external services for the guest/client during the stay (e.g. sports events, green fees, cultural events, etc.). The same applies to external services that are already arranged together with the booking of the accommodation.
2. the hotel shall be liable to the customer for items brought in in accordance with the statutory provisions, i.e. up to one hundred times the room price up to a maximum of € 3,500.00 and for money, securities and valuables up to € 800.00. Money, securities and valuables may be stored in the hotel or room safe up to a maximum value of € 10,000.00. The hotel recommends making use of this option. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of loss, destruction or damage (§ 703 BGB). The hotel shall not be liable for loss of or damage to motor vehicles parked on the hotel’s property or their contents, except in cases of intent or gross negligence. The above number 1 sentences 2 to 4 apply accordingly.
- Final provisions
Place of performance and payment is the registered office of the hotel. Exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – is the hotel’s registered office in commercial transactions. Insofar as a contractual partner fulfills the requirements of § 38 para. 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.
2 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.
3. the entrepreneur does not undertake to participate in dispute settlement proceedings before a consumer arbitration board.
These Terms and Conditions shall apply to contracts for the rental of conference, banquet and event rooms of the Hotel for the purpose of holding events such as seminars, meetings, exhibitions and presentations, as well as to all other related services and deliveries of the Hotel.
2. subletting or subletting of the rooms, areas or showcases provided as well as invitations to job interviews, sales or similar events require the prior consent of the Hotel.
3. the customer’s terms and conditions of business shall only apply if this has been expressly agreed in writing in advance.
Conclusion of Contract, Contract Partner, Liability, Limitation Period
The contract is concluded when the hotel accepts the customer’s application; these are the contracting parties.
2. if the Customer/Orderer is not the Organiser himself or if a commercial agent or organiser is engaged by the Organiser, the Organiser shall be jointly and severally liable with the Customer for all obligations arising from the contract, provided the Hotel has received a corresponding declaration from the Organiser.
The hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. Any claims of the customer for damages shall be 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 duties typical of the contract by the hotel.
Services, prices, payment
The customer is obligated to pay the agreed or, in the absence of an agreement, the usual hotel prices for the services provided by the hotel and other services used. This shall also apply to the hotel’s services and expenses to third parties arranged by the customer, in particular also to claims of GEMA etc.
2. if the period between conclusion of the contract and the event exceeds four months and if the price generally charged by the hotel for such services increases, the contractually agreed price may be increased appropriately, but by no more than 5%.
3. invoices of the hotel without a due date are payable within 14 days of receipt of the invoice without deduction. The hotel is entitled at any time to declare accrued claims due and to demand immediate payment.
4. the hotel is entitled to demand a reasonable advance payment at any time.
5. the customer may only offset or reduce a claim of the hotel against a claim of the hotel if the claim is undisputed or legally binding.
6. the hotel reserves the right to relocate already confirmed rooms to another room appropriate to the number of participants. This relocation will be carried out with the guest’s claim.
A cost-free withdrawal of the customer from the concluded contract requires the hotel’s consent.
2. if this does not take place, the contractual room rent from the contract as well as third-party services are to be paid even if the customer does not make use of these services and further renting is no longer possible. This shall not apply in the event of a withdrawal culpably caused by the hotel or any other statutory or contractual right of withdrawal.
- General Terms and Conditions of the Gasthof Zum Siegburger – Straelen – March 2020-5-
3. if a conference flat rate per participant has been agreed, the hotel is entitled to charge 100% of the conference flat rate x agreed number of participants in the event of cancellation after the 6 week prior to the event date. The deduction of saved expenses was taken into account. The customer shall be entitled to prove that this claim did not arise or arose in a lesser amount.
Cancellation by the hotel
Insofar as a cost-free withdrawal by the customer has been agreed in writing, the hotel is also entitled to withdraw from the contract during this period if there are inquiries by other customers regarding the booked event rooms and the customer does not then waive his right of withdrawal.
The Hotel may rescind the contract without the Customer being entitled to claim damages under the following conditions: – a justified advance payment is not made in due time – force majeure or other circumstances beyond the Hotel’s control make performance of the contract impossible; – events are booked with misleading or false statements of material facts; – the Hotel has reasonable cause to believe that the event jeopardizes the smooth operation of the business, safety or public reputation of the Hotel
Changes in the number of participants and the time of the event
A change in the number of participants by more than 5% must be notified to the hotel at least 14 days before the event begins.
2. a reduction in the number of participants by the customer by a maximum of 5% shall be acknowledged by the hotel when billing. In the event of deviations exceeding this, the originally agreed number of participants minus 5% shall be taken as a basis.
3. in the event of an upward deviation, the actual number of participants shall be charged.
4. in the event of a deviation in the number of participants by more than 10%, the hotel shall be entitled to redefine the agreed prices and to exchange the confirmed rooms, unless this is unreasonable for the customer. This relocation will be made in claim with the guest.
5. if the agreed start or end times of the event are postponed and the hotel agrees to such postponement, the hotel may reasonably charge the customer for the additional services provided, unless the hotel is at fault.
Bringing food and beverages
The customer may not bring food and beverages to events. Unless a written agreement has been made with the hotel in advance.
Technical equipment and connections
Insofar as the hotel procures technical and other equipment from third parties for the customer at the customer’s instigation, it acts in the name, on behalf and for the account of the customer. The customer shall be liable for the careful handling and proper return of such equipment. The customer shall indemnify the hotel against all claims of third parties arising from the provision of such equipment.
2. the use of the customer’s own electrical equipment using the hotel’s power supply system requires the hotel’s written consent. Any malfunctions or damage to the Hotel’s technical equipment resulting from the use of such equipment shall be borne by the Customer, unless the Hotel is not responsible for such malfunctions or damage. The Hotel may record and charge a flat rate for the electricity costs incurred by the use of such equipment.
3. with the hotel’s consent, the customer is entitled to use its own telephone, fax and data transmission equipment. The Hotel may charge a connection fee for this.
4. malfunctions in technical or other equipment provided by the Hotel shall be eliminated immediately if possible. Payments may not be withheld or reduced if the Hotel is not responsible for such disruptions.
Items brought along
Decoration material brought in must comply with the fire protection requirements. The hotel is entitled to demand official proof of this. If such proof is not provided, the Hotel shall be entitled to remove any material already brought in at the Customer’s expense. Due to possible damage, the installation and attachment of items must be agreed with the Hotel in advance.
2. any exhibition or other objects brought in shall be removed immediately after the end of the event. If the Customer fails to do so, the Hotel may remove and store them at the Customer’s expense. If the objects remain in the event room, the Hotel may charge reasonable compensation for use for the duration of their stay. The Customer is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount claimed.
Customer’s liability for damages
If the customer is an entrepreneur, he is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.
2 The hotel may demand that the customer provide appropriate securities (e.g. insurance, deposits, guarantees).
Place of performance and payment is the registered office of the hotel.
2. the place of residence of the customer or client is decisive for any legal action brought by the hotel against the guest or client. For legal actions against guests/customers who are merchants, legal entities under public or private law or persons who have their place of residence or business or usual place of abode abroad, or whose place of residence or business or usual place of abode is unknown at the time the action is brought, it is agreed that the place of jurisdiction is the registered office of the hotel.
3. the entrepreneur is not obliged to participate in dispute settlement proceedings before a consumer arbitration board
Allgemeine Geschäftsbedingungen vom Gasthof Zum Siegburger – Straelen – Stand März 2020
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