GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION AGREEMENT (AGBH 8.0) according to IHA
Gasthaus “Linde” Owner: Jochen Kirchmann
Oberhomberg 2, 88693 Deggenhausertal VAT ID: DE8722154021
Tel. +49 (0) 7555/315 | E-mail: kontakt@linde-dtal.de
1. SCOPE
These terms and conditions apply to contracts for the rental provision of hotel rooms for accommodation and all other services and deliveries of the hotel provided to 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.
The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is excluded, unless the customer is a consumer within the meaning of § 13 BGB.
General terms and conditions of the customer only apply if this has been expressly agreed in text form beforehand.
2. CONCLUSION OF CONTRACT, CONTRACT PARTNERS, LIMITATION
The contract partners are the hotel and the customer. The contract is concluded by the hotel’s acceptance of the customer’s application. The hotel is free to confirm the room booking in text form.
All claims against the hotel are generally subject to a limitation period of 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, OFFSETTING
The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
The customer is obliged to pay the hotel’s agreed or applicable prices for the room rental and the other services used by him. This also applies to services commissioned directly by the customer or via the hotel, which are provided by third parties and paid for by the hotel.
The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local taxes that are owed by the guest himself under the respective municipal law, such as tourist tax.
If the statutory sales tax changes or local taxes on the subject of the service are newly introduced, changed or abolished after the contract is concluded, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion of the contract and fulfillment exceeds four months.
The hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel’s service or the customer’s length of stay requested by the customer dependent on the price for the rooms and/or for the other services of the hotel being increased appropriately.
Invoices from the hotel are due for payment immediately after receipt without deduction. If payment on account has been agreed, payment must be made – subject to a deviating agreement – within ten days of receipt of the invoice without deduction.
The hotel is entitled to demand a reasonable 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 the contract in text form. The statutory provisions remain unaffected for advance payments or security deposits for package tours. In the event of default in payment by the customer, the statutory provisions apply.
3.7. In justified cases, for example payment arrears of the customer or expansion of the scope of the contract, the hotel is entitled, even after conclusion of the contract up to the beginning of the stay, to demand an advance payment or security deposit within the meaning of the above clause 3.6 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
The hotel is also entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of the above clause 3.6 for existing and future claims arising from the contract, insofar as such has not already been provided in accordance with the above clause 3.6 and/or clause 3.7.
The customer can only offset or set off against a claim of the hotel with an undisputed or legally established claim.
The customer agrees that the invoice can be sent to him electronically.
4. CUSTOMER’S WITHDRAWAL (CANCELLATION, CANCELLATION)/ FAILURE TO USE THE HOTEL’S SERVICES (NO SHOW)
The customer’s withdrawal from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract.
If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract until then without triggering payment or compensation claims from the hotel.
If a right of withdrawal is not agreed or has already expired, there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel retains the claim to the agreed remuneration despite non-use of the service. The hotel must credit the income from renting the rooms elsewhere and the expenses saved. If the rooms are not rented elsewhere, the hotel can apply a flat rate to the deduction 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 as well as for package arrangements with external services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or not in the amount claimed.
5. HOTEL’S WITHDRAWAL
5.1. If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is in turn entitled to withdraw from the contract during this period if inquiries from other customers for the contractually booked rooms are available and the customer does not waive his right to withdraw upon request from the hotel with a reasonable deadline. This applies accordingly to the granting of an option if other inquiries are available and the customer is not prepared to make a firm booking upon request from the hotel with a reasonable deadline.
5.2. If an advance payment or security deposit agreed or requested in accordance with clause 3.6 and/or clause 3.7 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.
5.3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
Rooms or spaces are culpably booked under misleading or false information or concealment of essential facts; the identity of the customer, the ability to pay or the purpose of the stay may be essential;
The hotel has reasonable cause to believe that the use of the service may endanger the smooth running of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
The purpose or the occasion of the stay is illegal;
There is a violation of the above clause 1.2.
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 claim to the provision of specific rooms, unless this has been expressly agreed in text form.
6.2. Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no claim to earlier provision.
6.3. On the agreed day of departure, the rooms must be made available to the hotel vacated by 12:00 p.m. at the latest. After that, the hotel can charge 50% of the full accommodation price (price according to the price list) for the use of the room exceeding the contract until 6:00 p.m. due to the delayed evacuation of the room, from 6:00 p.m. 90%. Contractual claims of the customer are not established by this. He is free to prove that the hotel has no or a significantly lower claim to compensation for use.
7. HOTEL’S LIABILITY
7.1. The hotel is liable for damage caused by it due to injury to life, body or health. Furthermore, it is 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 of the hotel. Typical contractual obligations are those obligations that enable the proper execution of the contract in the first place and on whose fulfillment the customer trusts and may trust. 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 clause 7. Should disruptions or defects occur in the services of the hotel, the hotel will endeavor to remedy the situation upon knowledge or immediate complaint by the customer. The customer is obliged to contribute what is reasonable for him to remedy the disruption and keep possible damage to a minimum.
7.2. The hotel is liable to the customer for items brought in according to 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 safekeeping agreement with the hotel.
7.3. If the customer is provided with a parking space in the hotel garage or in the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. 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 clause 7.1, sentences 1 to 4.
7.4. Wake-up calls are carried out by the hotel with the greatest care. Messages for the customers are treated with care. The hotel can, after prior agreement with the customer, take over the acceptance, storage and – on request – the forwarding of mail and goods shipments for a fee. The hotel is only liable in this case in accordance with the above clause 7.1, sentences 1 to 4.
8. FINAL PROVISIONS
8.1. Amendments and additions to the contract, the acceptance of the application or these general terms and conditions should be made in text form. Unilateral changes or additions are ineffective.
8.2. The place of performance and payment as well as the exclusive place of jurisdiction – also for check and bill of exchange disputes – is the location of the hotel in commercial transactions. If the customer meets the requirements of § 38 paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the registered office of the hotel under company law is deemed to be the place of jurisdiction.
8.3. German law applies. The application of the UN Sales Convention is excluded.
8.4. In accordance with the statutory obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (“OS platform”): http://ec.europa.eu/consumers/odr/
However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.