GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT

IN THE GUEST STATE BRAUAHUS ZWICKAU GMBH,

 

Peter-Breuer-Str. 12-20, 08056 Zwickau, phone 0375/3032032, fax. 0375/3032033,

www.brauhaus-zwickau.de. 

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APPLICATION AREA 

 

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. 

 

2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 paragraph 1 sentence 2 BGB is waived if the customer is not a consumer._cc781905-5cde-3194-bb3b -136bad5cf58d_

 

3. General terms and conditions of the customer only apply if this has been done beforehand

expressly agreed in writing.

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 II. CONCLUSION OF CONTRACT, PARTNER, STATUTE OF LIMITATIONS

 

1.The contract is formed when the hotel accepts the customer's application.

The hotel is free to confirm the room booking in text form. 

 

2. The contractual partners are the hotel and the customer. If a third party has ordered for the customer, they are liable to the hotel together with the customer as joint debtor for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration from the third party. 

 

3. All claims against the hotel expire one year after the start of the statutory limitation period. Claims for damages become statute-barred after five years, regardless of knowledge.

The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel. 

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III. SERVICES, PRICES, PAYMENT, OFFSET

 

1. The hotel is obliged to have the rooms booked by the customer and the agreed ones available

to provide services. 

 

2. The customer is obliged to pay the agreed or applicable hotel prices for rooms provided and for other services used.

This also applies to services and expenses of the hotel arranged by the customer for third parties.

The agreed prices include the respective statutory VAT. 

 

3. The hotel can make its consent to a subsequent reduction in the number of booked rooms, the hotel's service or the length of stay of the customer, as requested by the customer, dependent on the price for the room and/or for the other services of the hotel increasing . 

 

4. Hotel invoices without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel can demand the immediate payment of due claims from the customer at any time. In the event of default of payment, the hotel is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, of 5% above the base interest rate. The hotel reserves the right to prove higher damage. 

 

5. The hotel is entitled to demand a reasonable advance payment or security in the form of a credit card guarantee, a down payment or similar from the customer upon conclusion of the contract. 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. 

 

6. In justified cases, e.g. the customer is in arrears with payment, the hotel is entitled to make an advance payment or security deposit within the meaning of No. 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after conclusion of the contract up to the start of the stay demand.

 

7. The hotel is also entitled to demand a reasonable advance payment or security deposit within the meaning of No. 5 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such has not already been provided in accordance with No. 5 and/or above 6 was done. 

 

8. The customer can only offset or reduce a claim of the hotel or exercise a right of retention with an undisputed or legally binding claim.

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 IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION) / FAILURE TO USE HOTEL SERVICES (NO SHOW)

 

 1. A cancellation by the customer of the contract concluded with the hotel requires the written consent of the hotel. If this does not take place, the agreed price from the contract must be paid even if the customer does not make use of the contractual services. This does not apply in the event of a breach of the hotel's obligation to take the customer's rights, objects of legal protection and interests into account, if this means that adherence to the contract can no longer be reasonably expected of the customer, or if another statutory or contractual right of withdrawal applies. 

 

2. If a date for free cancellation of the contract has been agreed in writing between the hotel and the customer, the customer can cancel the contract up to that point without incurring any payment or damage claims 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 the customer withdraws in accordance with Section IV No. 1 Clause 3.

 

3. In the case of rooms not used by the customer, the hotel must offset the income from renting these rooms to other parties as well as the expenses saved. If the rooms are not rented out elsewhere, the hotel can demand the contractually agreed remuneration and make a flat-rate deduction for saved expenses of the hotel.

In this case, the customer is obliged to pay 100% of the contractually agreed price for overnight stays. Breakfast, if ordered, will not be charged.

The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount. 

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V. WITHDRAWAL OF THE HOTEL 

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1. If it has been agreed in writing 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 there are inquiries from other customers about the contractually booked rooms and the customer responds to the hotel’s query not waived his right to withdraw.

 

2. If an advance payment or security deposit that has been agreed or requested above in accordance with Section III, Nos. 5 and/or 6 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract._cc781905-5cde-3194-bb3b -136bad5cf58d_

 

3. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, for example if - force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; - rooms are booked with misleading or incorrect information about essential facts, eg the identity of the customer or the purpose of his stay; - the hotel has justified reason to believe that the use of the hotel's services may jeopardize the smooth running of business, the security or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization; - there is a violation of the above-mentioned number I no. 2. 

 

4. If the hotel withdraws with justification, the customer is not entitled to compensation.

 

VI. ROOM AVAILABILITY, DELIVERY AND RETURN 

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1. The customer does not acquire the right to be provided specific rooms.

 

2. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer is not entitled to earlier delivery. 

 

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 use of the room beyond the contract due to the delayed evacuation of the room up to 6:00 p.m. and 100% from 6:00 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim to a usage fee. 

 

4. If the customer causes damage during the stay, this must be reported immediately to the management. The repair costs are passed on to the customer. He also has to give his insurance details without hesitation.

 

5. Upon arrival, the customer is told not to leave the key inside the door. The doors can then no longer be opened from the outside. A locksmith must then be called. Here, too, the customer bears these costs.

 

6. After departure, all rooms are checked by management. If it is determined that your room has been smoked, we will make a claim for additional cleaning and renovation fees of EUR 500.00. These will be invoiced to the customer in full.

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VII. HOTEL LIABILITY 

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1. The hotel is liable with the care of a prudent businessman for its obligations under the contract. Customer claims for compensation are excluded. Excluded from this are damages resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damages which are based on an intentional or grossly negligent breach of duty by the hotel and damages which are based on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent.

Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.

 

2. Messages, post and consignments for the guests are treated with care.

The hotel takes over the delivery, storage and - on request - the forwarding of the same for a fee. No. 1 sentences 2 to 4 above apply accordingly. 

 

3. Items left behind will only be forwarded on request, subject to a charge.

The hotel undertakes to keep it for 6 months. 

 

4. Insofar as one of our three parking spaces is made available to the customer, even for a fee, this does not result in a custody agreement. The hotel is not liable in the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in the case of intent or gross negligence. No. 1 sentences 2 to 4 above apply accordingly.

 

VIII. FINAL PROVISIONS 

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1. Changes or additions to the contract, the acceptance of applications or these General Terms and Conditions for Hotel Accommodation should be made in writing.

Unilateral changes or additions by the customer are invalid.

 

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

 

3. The exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is the registered office of the hotel in commercial transactions. If a contractual partner meets the requirements of § 38 paragraph 2 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. The application of the UN sales law and the conflict of laws is excluded. 

 

5. Should individual provisions of these general terms and conditions for the hotel accommodation contract be or become invalid or void, this shall not affect the validity of the remaining provisions.

In addition, the statutory provisions apply.