Terms & Conditions
General terms and conditions for hotel accommodation contracts at Hotel zum Rosengarten in Darmstadt
Area of scope
- These terms and conditions apply to contracts for the rental use of hotel rooms for lodging, as well as any further supplies and services of the hotel provided to the customer.
- The sub-letting or re-letting of rooms, as well as their use for other than lodging purposes require the prior written consent of the hotel, whereby § 540, Para 1, sentence 2 German Civil Code (BGB) shall be waived insofar as long as the customer is not a consumer.
- Terms and conditions of the customer shall apply only if this is previously expressly agreed in writing.
Conclusion of the contract, contract partner; limitation
- The contract is concluded by the acceptance of the offer of the customer by the hotel. It is up to the hotel, to confirm the room reservation in writing.
- Contracting Parties are the hotel and the customer. If the order was placed by a third party representing the client, he together with the customer are liable towards the hotel as co- debtors for all obligations arising from the hotel accommodation contract, if the hotel is in possession of a corresponding statement by the third party.
- All claims asserted towards the hotel expire one year after the commencement of the standard period of limitation subject to the knowledge of the claim concerned and of the circumstances involved as set out under article 199 section 1 of the German Civil Code (BGB). Claims for damages are limited to five years independent of the knowledge of the claim. The reduction of the period of limitation shall not apply for claims, which are based on an intentional or grossly negligent breach of duty by the hotel.
III. Services, prices, payment, offsetting
- The hotel is obliged to keep the rooms reserved by the customer and to provide the agreed services.
- The customer is obliged, for rooms provided and for the above services and any other services used, to pay the hotel its standard prices or the prices as agreed. This also applies to services and expenses of the hotel to third parties caused by the customer.
- The agreed prices include the respective statutory value added tax. If the period between the signing of the contract and fulfillment of the contract exceeds four months and if the hotel increases the price that the hotel generally calculates for such services as this then it can increase appropriately, but not more than the contractually agreed price by 5%.
- Prices can also be changed by the hotel if the customer later wishes changes in the number of booked rooms, the service of the hotel or the duration of stay of the guests, and the hotel consents to.
- Any invoice issued by the hotel without a due date is payable immediately upon receipt of the given invoice without deduction. The hotel is entitled, to declare at any time its accrued receivables to be due and to demand immediate payment. In case of default of payment, the hotel is entitled to demand payment of the statutory level of default interest in the currently amounting to 8% or, in case of legal transactions, in which a consumer participates, amounting to a level of 5% above the basic interest rate. The hotel reserves the right to provide proof of a higher damage.
- The hotel is entitled, upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours, to demand a reasonable advance payment or security deposit. The amount of the advance payment and payment dates may be agreed to in writing in the contract.
- The customer may only offset or reduce an undisputed or legally binding claim against a claim of the hotel.
Withdrawal from contract by the customer (i.e. cancellation, annulment) / failure to utilize the services of the hotel
- A withdrawal of the customer from the contract concluded with the hotel requires the hotel’s written consent. Otherwise, the customer shall pay the price agreed under the contract, even if the said contractual services are not utilized. This does not apply for breach of obligation by the hotel to the respect for rights, legal interests and interests of the customer, if holding to the contract is no longer reasonable or any other statutory or contractual cancellation right exists.
- If the hotel and customer agreed in writing upon a date for a cost free cancellation of the contract, the customer may withdraw from the contract, without incurring payment or damage compensation claims by the hotel. The right of withdrawal by the customer will be void if he does not exercise his right to withdraw to the agreed date against the hotel in writing, unless a case of withdrawal of the customers as referred to in paragraph 1 sentence 3.
- If rooms are not used by the customer, the hotel must credit the income from renting the rooms to other parties and the ensuing saved expenses.
- The hotel is free (not controllable) to demand the contractually agreed compensation as damages and its deduction for saved expenses. The customer is free to prove that the above claim is created in the amount demanded or not. Cancellations are possible only in written form. For cancellations of complete events, the following conditions apply, unless otherwise agreed:
- Until 8 weeks before date = entirely cost free
- Until 4 weeks before date = 35% of the expected turnover
- Until 2 weeks before date = 70% of the expected turnover for
cancellations of individual guests the following conditions apply, unless otherwise agreed:
- Until 5 days before date = cost free reduction by 10%
by later reductions = 60% of the booked services, regarding B&B = 80% of the booked services for overnight bookings
Withdrawal of the Hotel
- Unless, a cost free right of withdrawal of the customer is agreed in writing within a certain deadline, the hotel is in turn entitled to rescind the contract in this period, when there are inquiries of other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry thereof by the hotel.
- If agreed or in accordance with the above in clause III No. 6 requested advance amount is not paid even after a reasonable grace period set by the hotel, the hotel is likewise entitled to cancel the contract.
- Furthermore, the hotel is entitled, due to objectively justified reason to withdraw exceptionally from the contract, for example, if:
- the fulfillment of the contract is impossible due to circumstances beyond the hotel’s control, notably force majeure or other;
- rooms booked under misleading or false information regarding major reasons, such as in the person of the customer or the purpose;
- that the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth business operations, safety, or reputation of the hotel in the public without being attributable to the organization of the hotel;
- there is a breach of the above clause I no. 2.
- In case of a justified cancellation by the hotel, no claim for compensation may be asserted by the customer.
Room availability, handover and return
- The customer acquires no claim to the provision of certain rooms.
- Reserved rooms are available to the customer starting from 14:00 h of the agreed day of arrival. The customer has no claim to an earlier provision of the room.
- On the agreed day of departure, the rooms have to be cleared and made available to the hotel at 11:00 h. After that, the hotel, due to the late vacation of the room, may charge 50% of the full accommodation rate (list price) for exceeding the contractual use up to 18:00 h, and 100% when exceeding 18:00 h. Contractual claims by the customer are here not substantiated. He is at liberty to prove that the hotel has no or much lesser claim to user charges.
VII. Liability of the hotel
- The hotel is liable with due diligence of a prudent businessperson for his obligations arising from the contract. Claims of the customer for damages are excluded. Excluded are damages resulting from the injury of life, body or health where the hotel is responsible for the given breach of duty, other damages attributable to an intentional or grossly negligent breach of the duty of the hotel and damages based on intentional or negligent breach typical of the contract concerned of the hotel. A breach of duty committed by a legal representative or agent is deemed equivalent to that committed by the hotel. Should disruptions or defects occur in the performance of the hotel, that hotel is to act to remedy such upon its awareness of or on immediate complaint by the customer. The customer is obliged to contribute reasonably to resolve the disruption and to minimize any possible damage.
- The hotel is liable to the customer for items brought under the statutory provisions, that is up to one hundred times of the room rate, but to a maximum of 3,500 €, as well as for cash, securities and valuables up to 800 €. Cash, securities and valuables can be kept in the hotel or room safe. The hotel recommends making use of this possibility. The liability claims expire, if the customer does not inform immediately after gaining the knowledge of loss, destruction or damage to the hotel (§ 703 BGB). For further liability of the hotel other than that number 1, sentences 2 to 4 above apply accordingly.
- With regards to the provision of a parking space in the hotel garage or at a hotel parking lot, to the customer, even for a fee, there will be as a result no safe keeping agreement concluded. The hotel assumes no liability for loss of or damage to parked or maneuvered cars and their contents on the hotel’s property, except for cases of intent or gross negligence. Above number 1, sentences 2 to 4 shall apply accordingly.
- Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and goods deliveries for guests are handled with care. The hotel will deliver, hold and upon request and for a fee, do the forwarding. Above number 1, sentences 2 to 4 shall apply accordingly.
VIII. Final provisions
- Amendments or additions to the contract, of the acceptance of the offer or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.
- The place of fulfillment and payment is the hotel’s registered office.
- Exclusive place of jurisdiction for commercial transactions – also for check and currency disputes – is the registered office of the hotel. If a contracting party fulfils the requirement of § paragraph 38 section 2 of the German Code of Civil Procedure (ZPO) and has no general jurisdiction in Germany, the registered office of the hotel is considered the court of jurisdiction.
- German law shall apply. The application of the UN Convention on the International Sale of Goods and of the conflict of laws is excluded.
- Should individual provisions of these General Terms and Conditions for hotel accommodation be invalid or void, it will not affect the validity of the remaining provisions. In addition, the relevant statutory provisions shall apply otherwise.