General terms and conditions for the hotel stay contract
1.1 These terms and conditions apply to contacts for the temporary rental of hotel rooms for accommodation and all other associated services and deliveries by the hotel for the customer (hotel stay contract).
The term “hotel stay contract” covers and replaces the following terms:
Accommodation, guest stay, hotel, hotel room contract.
1.2 The sub-rental or ongoing rental of the rooms provided and their use for others for accommodation purposes requires the prior written agreement of the hotel whereby Section 540 para. 1 sentence 2 of the German Civil Code (BGB) is waived if the customer is a consumer.
1.3 The general terms and conditions of the customer only apply if this has been explicitly agreed in advance.
2 Contract conclusion, parties, lapsing
2.1 The contractual parties are the hotel and the customer.
The contract is concluded when the customer’s request is accepted by the hotel.
The hotel is free to confirm the room booking in writing.
2.2 All claims against the hotel lapse one year after the start of the statutory limitation period.
Claims for damages lapse depending on when they became known after five years if they are not based on an injury to life, limb, health or freedom.
These claims for damages lapse independently of knowledge after ten years.
The shorter limitation periods do not apply to claims based on a deliberate or grossly negligent duty infringement by the hotel.
3 Services, prices, payment, offsetting
3.1 The hotel is obliged to provide the room booked by the customer and the agreed services.
3.2 The customer is obliged to pay the price for the room provided and the other services used as agreed with or applicable to the hotel.
This also applies to services requested directly by the customer or via the hotel that are provided by third parties and paid in advance by the hotel.
3.3 The agreed prices are understood as including the taxes and local fees applicable at the time the contract was concluded.
They do not include the local fees that the guest must pay themselves under the relevant local laws, such as spa taxes.
If there is a change to the statutory value-added tax or local charges are introduced, modified or abolished for the items provided after the contract is concluded, the prices are modified accordingly.
This only applies to contracts with consumers if the period between concluding and fulfilling the contract exceeds four months.
3.4 The hotel can make its agreement to a subsequent request by the customer to reduce the number of rooms booked, the hotel’s service or the duration of the customer’s stay dependent on increasing the price for the rooms and/or other hotel services.
3.5 Hotel invoices without a due date are to be paid within ten days of receipt without deduction.
The hotel can request the immediate payment of all claims due from the customer at any time.
If payment is delayed the hotel is entitled to request the relevant applicable statutory default interest at the current rate of 8% or for legal transactions involving a consumer 5% above the base interest rate.
The hotel may demonstrate higher damage.
3.6 The hotel is entitled to request an appropriate prepayment or collateral, e.g. in the form of a credit card guarantee, from the customer when concluding the contract.
The level of the prepayment and the payment dates can be agreed in writing in the contract.
The statutory provisions remain unaffected for advance payments or collateral for flat-rate trips.
3.7 In justified cases, e.g. payment arrears by the customer or extending the contractual scope, the hotel is entitled even after concluding the contract and up to the start of the stay to request a prepayment or collateral as defined in Number 3.6 above or to raise the prepayment or collateral agreed in the contract to the full, agreed fee.
3.8 The hotel is also entitled at the start of and during the stay by the customer to request an appropriate prepayment or collateral as defined by Number 3.6 above for existing and future claims from the contract if such was not yet provided as per Number 3.6 and/or Number 3.7 above.
3.9 The customer may only offset or apply an undisputed or legally binding claim against a claim from the hotel.
4 Withdrawal by the customer (cancellation)/ non-use of the hotel’s services (no show)
4.1 A withdrawal by the customer from the contract agreed with the hotel is only possible if a withdrawal right has been explicitly agreed in the contract, there is another statutory withdrawal right or if the hotel explicitly agrees to dissolve the contract.
The agreement of a withdrawal right and any agreement to dissolve the contract should be provided in written form.
4.2 If a period for the free withdrawal from the contract has been agreed between the hotel and customer, the customer can withdraw from the contract up to that time without creating payment or damage claims from the hotel.
The customer’s withdrawal right lapses if they have not exercised the withdrawal right to the hotel by the agreed deadline.
4.3 If a withdrawal right is not agreed or has already ended, there is also no statutory withdrawal or termination right and the hotel does not agree to dissolve the contract; the hotel retains the right to the agreed fee in spite of the service not being used.
The hotel must offset the income from renting the room to others and the costs saved.
If the rooms are not rented to others the hotel can create a flat rate for deducting the costs saved.
In this case the customer is obliged to pay at least 90% of the contractually agreed prices for the accommodation with or without breakfast and the flat-rate arrangements for third-party services.
The customer may provide evidence that the claim stated above was not incurred or not at the amount requested.
5 Withdrawal by the hotel
5.1 If it was agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is permitted for its part to withdraw from the contract if there are requests from other customers for the contractually booked rooms and the customer does not waive its withdrawal right on request by the hotel within a reasonable period.
5.2 If a prepayment or collateral agreed or requested as per Number 3.6 and/or Number 3.7 is not provided even after the passing of an appropriate period set by the hotel, the hotel is also entitled to withdraw from the contract.
5.3 The hotel is also entitled to withdraw from the contract for a justified reason in extraordinary services, in particular if
– force majeure or other circumstances for which the hotel is not responsible makes fulfilling the contract impossible;
– rooms are booked by culpably providing or hiding misleading or incorrect vital information; vital information can include the identity of the customer, ability to pay or the purpose of the stay;
– the hotel has justified grounds to assume that the use of the service could put at risk the problem-free operation, security or public reputation of the hotel without this being assigned to the hotel’s control or organisational measures;
– the purpose or reason for the stay is illegal;
– there is an infringement of Number 1.2 stated above.
5.4 The justified withdrawal of the hotel does not justify a claim for damages by the customer.
6 Room provision, handover and return
6.1 The customer obtains no right to the provision of particular rooms unless this has been explicitly agreed.
6.2 Booked rooms are available to the customer from 15:00 on the agreed arrival day.
The customer has no right to earlier provision.
6.3 On the agreed departure day, the rooms must be cleared by 10:00 at the latest.
After this time, the hotel can charge 50% of the full accommodation price (list price) for the later clearing of the room if it is used up until 12:00, and 100% if it is used after 12:00.
This does not justify contractual claims by the customer.
They are free to demonstrate that the hotel has no or a much lower claim to a usage fee.
7 Liability of the hotel
7.1 The hotel is liable for damages for which it is responsible arising from the injury to life, limb or health.
It is also liable for other damages based on a deliberate or grossly negligent infringement of the hotel’s duties or a deliberate or negligent infringement of the hotel’s duties that are typical of the contract.
A duty infringement by the hotel is equivalent to that of a statutory representative or vicarious agent.
Other claims for damages, if not regulated further in Number 7, are excluded.
If defects or faults occur in the hotel’s services, the hotel will on becoming aware or after immediate complaint by the customer make every effort to resolve the situation.
The customer is obliged to undertake reasonable efforts to resolve the defect and keep potential damage low.
7.2 The hotel is responsible to the customer for items brought into the hotel in line with the statutory provisions.
If the guest wants to bring in money, securities, precious or other items, this requires a separate storage agreement with the hotel.
The hotel recommends that guests use the room safe.
7.3 If the customer is provided with a car parking space in the hotel garage or car park (including for a fee) this does not create a storage contract.
If vehicles parked or moved on the hotel property or their contents are lost or damaged, the hotel is only liable as per Number 7.1, Sentences 1 to 4 above.
7.4 The hotel implements wake-up calls with the greatest of care.
Messages, post and deliveries for guests are handled with the greatest of care.
The hotel will deliver, store and – on request – send on these for a fee.
The hotel is liable here only according to Number 7.1, Sentences 1 to 4 stated above.
8 Concluding provisions
8.1 Changes and additions to the contract, accepting the contract or these general terms and conditions must be in written form.
Unilateral changes or additions by the customer are void.
8.2 The place of fulfilment, payment and exclusive court of jurisdiction – including for disputes involving cheques and bills of exchange – in commercial transactions is VWI – Volker Westermann Immobilien Entwicklungs-Gesellschaft Lippstadt mbH & Co. KG in 59557 Lippstadt.
If a contracting party fulfils the requirements of Section 38 para. 2 of the German Code of Civil Procedure (ZPO) and has no general domestic court of jurisdiction, the court of jurisdiction if Paderborn Regional Court.
8.3 German law shall apply.
The application of UN commercial law and collision law is excluded.
8.4 If one of the provisions of these general terms and conditions is or becomes ineffective or void, this does not affect the validity of the other provisions.
In all other respects the statutory provisions apply.