TERMS AND CONDITIONS OF HOTEL HIRT

GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT

SCOPE

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. The subletting or further leasing of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel. The customer’s general terms and conditions only apply if this has been expressly agreed in advance.

CONTRACT CONCLUSION, PARTNERS, LIABILITY; STATUTE OF LIMITATIONS

The contract comes into effect through the acceptance of the customer’s application by the hotel. The hotel is free to confirm the room booking in writing. 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 debtors for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party. The hotel is liable for its obligations under the contract. Liability in non-typical service areas is limited to intent and gross negligence of the hotel. The limitation period for all customer claims is 6 months. This limitation of liability and short statute of limitations also apply in favor of the hotel for breaches of obligations during contract initiation and positive contractual violation.

SERVICES, PRICES, PAYMENT, SET-OFF

The hotel is obligated to provide the rooms booked by the customer and to render the agreed services. The customer is obligated to pay the applicable or agreed hotel prices for the provision of rooms and any other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer. The agreed prices include the statutory value-added tax. If the period between contract conclusion and fulfillment exceeds 4 months and the hotel’s general rate for such services increases, the hotel may increase the agreed price appropriately, but by no more than 10%. The prices can also be changed by the hotel if the customer later requests changes to the number of booked rooms, the hotel’s services, or the length of stay of the guests, and the hotel agrees. Invoices from the hotel without a due date are payable without deduction within 10 days of receipt. The hotel is entitled to declare accrued claims due at any time and demand immediate payment. In the event of late payment, the hotel is entitled to charge interest at a rate of 5% above the respective base rate. The customer is entitled to prove a lower, and the hotel a higher, damage. The hotel is entitled to require an appropriate advance payment or security deposit upon contract conclusion or thereafter, considering the legal provisions for package tours. The amount of the advance payment and the payment dates may be agreed in writing in the contract. The customer may only set off or reduce a claim by the hotel with an undisputed or legally binding counterclaim. Credit cards are not accepted for package offers.

WITHDRAWAL BY THE CUSTOMER (CANCELLATION)

The customer’s withdrawal from the contract concluded with the hotel requires the hotel’s written consent. If this is not granted, the agreed price from the contract is payable even if the customer does not use the contractual services.

This does not apply in cases of delay in performance by the hotel or an impossibility of performance for which the hotel is responsible.

If the traveler must cancel a trip for any reason, the following cancellation fees per person apply:

  • Up to 30 days before departure: €25
  • 29 – 20 days before departure: 15%, at least €25
  • 19 – 14 days before departure: 35%
  • 13 – 8 days before departure: 50%
  • 7 days to the day before departure: 60% of the travel price plus any additional costs from service providers. No refund for no-show.

The customer is entitled to prove that no damage occurred or that the damage incurred by the hotel was lower than the flat fee.

WITHDRAWAL BY THE HOTEL

If a customer’s right of withdrawal within a certain period was agreed in writing, the hotel is entitled to withdraw from the contract within this period if other inquiries from customers for the booked rooms exist, and the customer does not waive their right of withdrawal upon inquiry by the hotel. If an agreed advance payment is not made even after a reasonable grace period set by the hotel with a refusal warning, the hotel is also entitled to withdraw from the contract. Furthermore, the hotel is entitled to withdraw from the contract for a justified reason, for example if:

  • Force majeure or other circumstances beyond the hotel’s control make contract fulfillment impossible;
  • Rooms are booked with misleading or false information regarding essential facts, e.g., concerning the customer’s identity or the purpose;
  • The hotel has justified reason to believe that the use of hotel services may jeopardize the smooth operation of the business, safety, or the hotel’s public reputation, without being attributable to the hotel’s domain or organization;
  • There is a violation of the scope specified in paragraph 2 above.

The hotel must notify the customer immediately of the exercise of the right of withdrawal. In the event of justified withdrawal by the hotel, the customer is not entitled to compensation.

ROOM AVAILABILITY, HANDOVER, AND RETURN

The customer has no claim to the provision of specific rooms. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability. On the agreed departure date, rooms must be vacated and made available to the hotel by 12:00 noon at the latest. After that time, the hotel may charge 50% of the full room price (list price) for additional use of the room until 6:00 p.m. and 100% from 6:00 p.m. onwards. The customer is free to prove that the hotel has incurred no or significantly lower damage.

LIABILITY OF THE HOTEL

The hotel is liable with the diligence of a prudent merchant. In areas not typical of services, this liability is limited to performance deficiencies, damages, consequential damages, or disruptions due to intent or gross negligence by the hotel. Should disruptions or deficiencies in the hotel’s services occur, the hotel will endeavor to remedy them upon knowledge or immediate notification by the customer. The customer is obliged to contribute what is reasonable to resolve the disruption and minimize potential damage. For unlimited liability of the hotel, the statutory provisions apply. If a parking space in the hotel garage or on a hotel parking lot is provided to the customer, even for a fee, no safekeeping agreement is formed. The hotel is not liable for loss or damage of vehicles parked or maneuvered on the hotel property or their contents, except in cases of intent or gross negligence. This also applies to the hotel’s agents. Wake-up calls are carried out by the hotel with the utmost care. Damage claims, except for gross negligence or intent, are excluded. Messages, mail, and goods for guests are handled with care. The hotel assumes the delivery, safekeeping, and, upon request, forwarding for a fee. Damage claims, except for gross negligence or intent, are excluded.

MANDATORY INFORMATION ACCORDING TO REGULATION (EU) NO. 524/2013 OF THE EUROPEAN PARLIAMENT AND COUNCIL:

Link to the homepage of the European Commission’s consumer dispute resolution platform: http://ec.europa.eu/consumers/odr – further information will likely be available from February 15, 2016. For initial questions regarding a possible dispute resolution, we are available at info@hotel-hirt.de.

FINAL PROVISIONS

Changes or additions to the contract, the acceptance of the application, or these terms and conditions for hotel accommodation should be made in text form. Unilateral changes or additions by the customer are ineffective. The place of fulfillment and payment is the location of the hotel. The exclusive place of jurisdiction for commercial transactions, including check and bill disputes, is the district court of Kusel. If a contractual partner fulfills the requirements of Section 38 paragraph 1 of the German Code of Civil Procedure and has no general jurisdiction in the country, the location of the hotel shall be the place of jurisdiction. German law applies. Should individual provisions of these General Terms and Conditions for hotel accommodation be or become ineffective or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions apply.