General Terms and Conditions of the Hotel Pension Sabine for the Hotel Accommodation Agreement

I. Scope

  1. These terms and conditions apply to contracts for the leasing of hotel rooms for accomodation, as well as all other services and deliveries of the hotel provided to the customer.
  2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is waived, as far as the customer is not a consumer.
  3. The terms and conditions of the customer only apply if this has been expressly agreed in writing.

II. Conclusion of contract, contractor, statute of limitations

  1. The contract is concluded upon acceptance of the customer's request by the hotel. The hotel is free to confirm the room booking in writing.
  2. Contractual partners are the hotel and the customer. If a third party has ordered for the customer, he is liable to the hotel together with the customer as the joint debtor for all obligations under the hotel accommodation contract, if the hotel has a corresponding declaration from the third party.
  3. All claims against the hotel expire in principle in one year from the beginning of the knowledge-dependent regular limitation period of § 199 paragraph 1 BGB. Claims for damages become statute-barred in five years. The limitation periods do 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 ready and to provide the agreed services.
  2. The customer is obligated to pay the hotel's applicable or agreed hotel prices for the room rental and the other services used. This also applies to services provided by the customer and expenses of the hotel to third parties.
  3. The agreed prices include the respective statutory value added tax. If the period between conclusion of the contract and performance of the contract exceeds four months and the price generally charged by the hotel for such services increases, the latter may raise the contractually agreed price appropriately, but not by more than 5%.
  4. Die Preise können vom Hotel ferner geändert werden, wenn der Kunde nachträglich Änderungen der Anzahl der gebuchten Zimmer, der Leistung des Hotels oder der Aufenthaltsdauer der Gäste wünscht und das Hotel dem zustimmt.
  5. Rechnungen des Hotels ohne Fälligkeitsdatum sind binnen 10 Tagen ab Zugang der Rechnung ohne Abzug zahlbar. Das Hotel ist berechtigt, aufgelaufene Forderungen jederzeit fällig zu stellen und unverzügliche Zahlung zu verlangen. Bei Zahlungsverzug ist das Hotel berechtigt, die jeweils geltenden gesetzlichen Verzugszinsen in Höhe von derzeit 8% bzw. bei Rechtsgeschäften, an denen ein Verbraucher beteiligt ist, in Höhe von 5% über dem Basiszinssatz zu verlangen. Dem Hotel bleibt der Nachweis eines höheren Schadens vorbehalten.
  6. Das Hotel ist berechtigt, bei Vertragsschluss oder danach, unter Berücksichtigung der rechtlichen Bestimmungen für Pauschalreisen, eine angemessene Vorauszahlung oder Sicherheitsleistung zu verlangen. Die Höhe der Vorauszahlung und die Zahlungstermine können im Vertrag schriftlich vereinbart werden.
  7. Der Kunde kann nur mit einer unstreitigen oder rechtskräftigen Forderung gegen über einer Forderung des Hotels aufrechnen oder mindern.
  8. Das Hotel behält sich vor, Vorauthentisierung von Kreditkarten vor der Anreise vorzunehmen.

IV. Rescission of the customer (Cancellation) and non-use of the services of the hotel

  1. A resignation of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this is not done, the agreed price from the contract is payable even if the customer does not use contractual services. This does not apply to breach of the hotel's obligation to take into account the rights, legal interests and interests of the customer, if the latter can no longer reasonably be expected to hold on to the contract, or if he has any other legal or contractual right of withdrawal.
  2. If an appointment for a free cancellation of the contract between the hotel and the customer has been agreed in writing, the customer can withdraw from the contract until then, without triggering any claims for payment or compensation of the hotel. The customer's right of withdrawal lapses if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless a case of rescission of the customer pursuant to number 1 sentence 3 exists.
  3. In the case of rooms not used by the customer, the hotel shall charge the income from other rental of the rooms as well as the saved expenses.
  4. The hotel is free to demand the contractually agreed remuneration and to charge the deduction for expenses saved. In this case, the customer is obliged to pay at least 80% of the contractually agreed price for accommodation with or without breakfast. The customer is free to prove that the above claim has not arisen or not in the required amount.

V. Resignation of the hotel

  1. If a free right of withdrawal of the customer within a certain period has been agreed in writing, the hotel is in this period in turn entitled to withdraw from the contract, if there are inquiries from other customers to the contracted rooms and the customer on consultation of the hotel on his right not to resign ..
  2. Furthermore, the hotel is entitled to withdraw from the contract for a materially justified reason, for example, in the event of force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible; Rooms misleading or misrepresenting material facts, e.g. in the person of the customer or the purpose to be booked; the hotel has justified cause to believe that the use of the hotel services can jeopardize the smooth operation of the business, the security or the reputation of the hotel in public, without this being the rule of law. Organizational area of ​​the hotel.
  3. In the event of a justified cancellation of the hotel, no claim of the customer for damages arises.

VI. Room preparation, delivery and return

  1. The customer does not acquire the right to provide certain rooms.
  2. Booked rooms are available to the customer from 1 pm on the agreed arrival day. The customer is not entitled to earlier provision.
  3. On the agreed departure day, the rooms are to be vacated at the latest by 11am. Thereafter, the hotel may charge 50% of the full accommodation price (list price) until 6:00 pm due to the delayed evacuation of the room for its contractual use, and from 18:00 o'clock 100%. Contractual claims of the customer are not justified by this. He is free to prove that the hotel has no or a much lower entitlement to user fee.

VII. Liability of the hotel

  1. The hotel is liable with the diligence of a proper businessman for his obligations under the contract. Customer claims for compensation are excluded. This does not apply to damage resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damages based on intentional or grossly negligent breach of duty by the hotel and damages due to willful or negligent violation of the law contractual obligations of the hotel. A breach of duty of the hotel is equal to that of a legal representative or vicarious agent. In the event of disruptions or defects in the services of the hotel, the hotel will make every effort to remedy this with knowledge or immediate notification of the customer. The customer is obliged to contribute to what is reasonable for him to remedy the disturbance and to minimize possible damage. there is a violation of clause I No. 2 above.
  2. The property is liable to the customer for legal purposes, up to 100 times the room price, up to € 3,500, and for money, securities and valuables up to € 800. Money, securities and valuables can be up to € 20,000 in the hotel safe. The hotel recommends that you use this option. The liability claims expire if the customer does not notify the hotel immediately after gaining knowledge of loss, destruction or damage (§ 703 BGB). For further liability of the hotel, the above number 1 sentences 2 to 4 apply accordingly.
  3. Insofar as the customer is provided with a parking space in a hotel car park, also for a fee, no custody agreement is concluded. The hotel is not liable for loss of or damage to motor vehicles parked or shunted on the hotel property and their contents, except in case of intent or gross negligence. The above number 1 sentences 2 to 4 apply accordingly.
  4. Wake-up calls are made by the hotel with the utmost care. Messages, mail and merchandise for guests are treated with care. The hotel accepts the delivery, storage and - on request - for a fee the forwarding of the same. The above number 1 sentences 2 to 4 apply accordingly.

VIII. Final provisions

  1. Changes or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are ineffective.
  2. Place of performance and place of payment is the domicile of the hotel.
  3. Exclusive place of jurisdiction - also for check and change disputes - is in the commercial traffic the seat of the hotel. If a contracting party fulfills the requirements of § 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.
  4. German law applies. The application of the UN Sales Convention 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. Otherwise, the statutory provisions apply.
  6. "The company does not participate in dispute settlement proceedings before a consumer arbitration board".

status 05/2018

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