Terms & Conditions – Hotel Hauser

Scope of application

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 to the customer.

2. The subletting or subletting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel.

3. The customer’s terms and conditions only apply if this has been agreed in advance.

Conclusion of Contract, Partner Liability, 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. The contracting parties 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 joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has a corresponding declaration from the third party.

3. The hotel is liable for its obligations under the contract. In the area that is not typical for performance, liability is limited to intent and gross negligence on the part of the hotel.

4. All claims against the hotel shall become statute-barred one year from the beginning of the knowledge-dependent regular limitation period of § 199 I BGB. Claims for damages become statute-barred after five years, regardless of knowledge. The reductions of the limitation period do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

Services, Prices, Payment, Set-off

1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services. Should the hotel be unable to do so, it is obliged to find a substitute in the same price range and category.

2. The customer is obliged to pay the applicable or agreed prices of the hotel for the provision of rooms and any additional services they use. This also applies to services arranged by the customer and expenses incurred by 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 4 months, and the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price appropriately, but by no more than 10%.

4. The hotel may also change the prices if the customer subsequently wishes to change the number of booked rooms, the services, the length of stay at the hotel, or the length of stay of the guests, and the hotel agrees to such changes.

5. Invoices from the hotel without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to call in accrued claims at any time and demand immediate payment. In the event of default in payment, the hotel is entitled to charge reminder fees in the amount of EUR 5.00 per reminder, plus default interest at a rate of eight percentage points above the base interest rate pursuant to § 288 paragraph 2 of the German Civil Code (BGB). The customer reserves the right to prove lower damages, and the hotel reserves the right to prove higher damages.

6. The hotel is entitled, upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours, trade fair groups, and group travel, to request an appropriate advance payment or security deposit. The amount of the advance payment and the payment dates may be agreed in writing in the contract.

7. A down payment of 40% is due for bookings of EUR 1000.00 or more, and a down payment of 60% is due for bookings of EUR 2000.00 or more.

8. The customer may only set off or reduce a claim of the hotel with a claim that is undisputed or has become legally binding.

Withdrawal of the customer (cancellations)

1. A withdrawal 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 must be paid even if the customer does not make use of contractual services. This does not apply in cases of default in performance by the hotel or an impossibility of providing services for which it is responsible.

2. If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract until then without triggering any claims for payment or damages on the part of the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date, unless there is a case of default in performance by the hotel or an impossibility of providing the service for which he is responsible.

3. In the case of rooms not used by the customer, the hotel must take into account the income from renting the rooms elsewhere as well as the expenses saved.

4. The hotel is free to pay a lump sum for the damage it incurs and to be compensated by the customer. The customer is then obliged to pay 95% of the contracted price for accommodation with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that no damage has occurred or that the damage suffered by the hotel is lower than the required lump sum.

Cancellation of the hotel

1. If the customer’s right of withdrawal has been agreed in writing within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer does not waive his right to withdraw from the contract upon request from the hotel.

2. If an agreed advance payment is not made even after the expiry of a reasonable grace period set by the hotel with a threat of refusal, the hotel is also entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if force majeure or other circumstances for which the hotel is not responsible make the performance of the contract impossible, if rooms are booked with misleading or false statements of material facts, e.g. in the person of the customer or the purpose, the hotel has reasonable cause to assume, that the use of the hotel services may endanger the smooth running of the business, the safety or the reputation of the hotel in the eyes of the public, without this being attributable to the hotel’s sphere of control or organisation or a violation of the above scope of subsection 2.

4. The hotel must inform the customer immediately of the exercise of the right of withdrawal.

5. In the event of justified withdrawal by the hotel, the customer is not entitled to compensation.

Room provision, handover and return

1. The customer does not acquire any claim to the provision of specific rooms.

2. Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier provision.

3. On the agreed day of departure, 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 (list price) for the additional use of the room until 6:00 p.m., and 100% from 6:00 p.m. onwards. The customer is free to prove to the hotel that the hotel has suffered no damage or a significantly lower damage.

Liability of the hotel

1. The hotel is liable for the care of a prudent businessman. This liability is not in the area typical of performance, but limited to performance defects, damages, consequential damages or disturbances that can be traced back to intent or gross negligence on the part of the hotel. In the event of malfunctions or defects in the hotel’s services, the hotel will endeavour to remedy the situation if it becomes aware of it or upon immediate complaint by the customer. The customer is obliged to do what is reasonable to remedy the malfunction and to keep any possible damage to a minimum.

2. The hotel is liable to the customer for items brought in according to the legal provisions, i.e. up to one hundred times the room price, but no more than € 3,500.00, as well as for money and valuables up to € 800.00. Money, securities and valuables can be stored in the hotel and room safe up to a maximum value of EUR 7,500.00. The hotel recommends that you make use of this option. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). For any further liability of the hotel, the above clause 1 sentence to 4 shall apply accordingly.

3. The statutory provisions apply to the unlimited liability of the hotel.

4. If the customer is provided with a parking space in the hotel garage or in a hotel car park, even for a fee, this does not constitute a custody contract. The hotel is not liable for the loss or damage of motor vehicles parked or manoeuvred on the hotel property and their contents, except in the case of intent or gross negligence. This also applies to vicarious agents of the hotel.

5. Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except due to gross negligence or intent, are excluded.

6. Messages, mail and shipments of goods for guests are handled with care. The hotel will take care of the delivery, storage and – on request – forwarding of the same for a fee. Claims for damages, except due to gross negligence or intent, are excluded.

Final provisions

1. Changes or additions to the contract, the acceptance of applications or these terms and conditions for hotel admission shall be made in writing. Unilateral changes or additions by the customer are ineffective.

2. The place of performance and payment is the registered office of the hotel.

3. The exclusive place of jurisdiction – also for disputes over cheques and bills of exchange – is the registered office of the hotel in commercial traffic. If a contractual partner fulfils the requirement of Section 38 (1) of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.

4. German law applies.

5. Should individual provisions of these T&Cs for hotel admission be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions apply.