General terms and conditions for the hotel accommodation contract

1 SCOPE

1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.

1.2 The subletting or further rental 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 Section 540 paragraph sentence 2 of the German Civil Code is waived if the customer is not a consumer within the meaning of Section 13 of the German Civil Code.

1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in writing beforehand.

2 CONCLUSION OF CONTRACT, CONTRACT PARTNER, LIMITATION PERIOD

2.1 The contracting parties are the hotel and the customer. The contract is concluded when the hotel accepts the customer's request. The hotel is free to confirm the room booking in text form.

2.2 All claims against the hotel generally expire within one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims, provided the latter are based on an intentional or grossly negligent breach of duty by the hotel.

3 SERVICES, PRICES, PAYMENT, SET-OFF

3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

3.2 The customer is obliged to pay the agreed or applicable hotel prices for 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.

3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Local charges that are to be paid by the guest themselves in accordance with the respective municipal law, such as tourist tax, are not included.

If the statutory sales tax changes or if local taxes on the service object are introduced, changed or abolished after the contract has been concluded, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion of the contract and contract fulfillment exceeds four months.

3.4 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel's services or the customer's length of stay requested by the customer dependent on an appropriate increase in the price for the rooms and/or for the hotel's other services.

3.5 Hotel invoices are due for payment immediately upon receipt without deduction. If payment by invoice has been agreed, payment must be made without deduction within 14 days of receipt of the invoice, unless otherwise agreed.

3.6 The hotel is entitled to demand an appropriate 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 can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. In the event of default of payment by the customer, the statutory provisions apply.

3.7 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after the conclusion of the contract and up to the start of the stay, to demand an advance payment or security within the meaning of section 3.6 above or an increase in the advance payment or security agreed in the contract up to the full agreed remuneration.

3.8 The hotel is also entitled to demand from the customer at the beginning and during the stay an appropriate advance payment or security deposit within the meaning of the above clause 3.6 for existing and future claims arising from the contract, provided that such payment has not already been made in accordance with the above clauses 3.6 and/or 3.7.

3.9 The customer may only offset or set off a claim against a claim of the hotel if it is undisputed or legally binding.

3.10 The customer agrees that the invoice can be sent to him electronically.

4 CUSTOMER WITHDRAWAL (CANCELLATION, CANCELLATION)/

FAILURE TO USE THE HOTEL SERVICES (NO SHOW)

4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal was expressly agreed in the contract, a statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract.

4.2 If a date for withdrawal from the contract free of charge has been agreed between the hotel and the customer, the customer can withdraw from the contract up to that date without triggering any payment or compensation claims on the part of the hotel.

4.3 If a right of withdrawal has not been agreed or has already expired, there is also no legal right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel must take into account the income from renting the rooms to other parties and saved expenses. If the rooms are rented to other parties, the hotel can deduct a flat rate for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast and for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise to the required amount.

5 CANCELLATION BY THE HOTEL

5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if other customers request the rooms booked under the contract and the customer does not waive his right to withdraw when asked by the hotel within a reasonable period of time. This applies accordingly when an option is granted if there are other requests and the customer is not prepared to make a firm booking when asked by the hotel within a reasonable period of time.

5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and/or Room 3.7 is not made even after the expiry of a reasonable grace period set by the Hotel, the Hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if

• force majeure or other circumstances beyond the hotel’s control make the fulfilment of the contract impossible;
• Rooms or spaces are booked negligently using misleading or false information or by concealing essential facts; the identity of the customer, their ability to pay or the purpose of their stay may be important in this regard;
• the hotel has reasonable grounds to believe that the use of the service may endanger the smooth running of the business, the security or the public reputation of the hotel, 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 1.2 above.

5.4 The justified withdrawal of the hotel does not give rise to any claim for damages on the part of the customer.

6 ROOM AVAILABILITY, HANDOVER AND RETURN

6.1 The customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed in writing.

6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival day. The customer has no right to earlier availability.

6.3 On the agreed departure day, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After that, the hotel can charge 50% of the full accommodation price (price according to the price list) for use of the room beyond the contractual period until 3:00 p.m., and 90% from 3:00 p.m. onwards, due to the late vacating of the room. This does not constitute grounds for contractual claims by the customer. The customer is free to prove that the hotel has no or a significantly lower claim to usage fees.

7 LIABILITY OF THE HOTEL

7.1 The hotel is liable for damages caused by it resulting from injury to life, body or health. It is also liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations by the hotel. Typical contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on whose fulfillment 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 regulated in this Section 7. If disruptions or defects in the hotel's services occur, the hotel will endeavor to remedy the situation upon knowledge of the problem or upon immediate complaint by the customer. The customer is obliged to do what is reasonable to remedy the problem and to minimize any possible damage.

7.2 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends using 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 If the customer is provided with a parking space in the hotel garage or on the hotel car park, even for a fee, this does not constitute a storage contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with the above section 7.1, sentences 1-4.

7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages for customers are handled with care. The hotel can, after prior agreement with the customer, accept, store and – if requested – forward mail and goods for a fee. The hotel is only liable in accordance with the above section 7.1, sentences 1 to 4.

8 FINAL PROVISIONS

8.1 Changes and additions to the contract, the acceptance of the application or these General Terms and Conditions must be made in writing. Unilateral changes or additions are invalid.

8.2 The place of performance and payment as well as the exclusive place of jurisdiction - also for disputes over checks and bills of exchange - in commercial transactions is Walldorf. If the customer meets the requirements of Section 38 Paragraph 2 of the Code of Civil Procedure and does not have a general place of jurisdiction in Germany, the place of jurisdiction is Walldorf.

8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

Astralis Hotel Domizil, 07.08.2023