GENERAL TERMS AND CONDITIONS.
I. SCOPE OF APPLICATION
1.1 These Terms and Conditions shall apply to contracts for the rental of hotel rooms for lodging purposes, all other services and supplies provided by the hotel to the customer in this connection (hotel accommodation contract), and the parking of vehicles in the hotel's own parking areas. The term "hotel accommodation contract" includes and replaces the following terms: Accommodation contract, guest reception contract, hotel contract, hotel room contract.
1.2 The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation shall require the prior written consent of the hotel, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.1.3 The customer's general terms and conditions shall apply only if expressly agreed in writing in advance.
II. CONCLUSION OF CONTRACT, PARTNERS, LIMITATION PERIOD
2.1 The contracting parties are the hotel and the customer. The contract shall be concluded by the hotel's acceptance of the customer's application. The hotel is free to confirm the room booking in text form.
2.2 All claims against the hotel shall generally become statute-barred one year after the statutory commencement of the limitation period. This does not apply to claims for damages and other claims, insofar as the latter are based on an intentional or grossly negligent breach of duty by the hotel.
2.3 The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services. In special cases, the customer shall be assigned adequate accommodation in one of our partner hotels.
2.4 The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer. The agreed prices include the respective statutory value added tax. Not included are local taxes which are owed by the guest according to the respective local law, such as visitor's tax.
In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion and performance of the contract exceeds four months.
2.5 The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel's services or the customer's length of stay conditional on an increase in the price for the rooms and/or for the hotel's other services.
2.6 Invoices of the hotel without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default in payment, the hotel shall be entitled to charge the respective applicable statutory default interest in the amount of currently 8% or, in the case of legal transactions involving a consumer, in the amount of 5% above the base interest rate. The hotel reserves the right to prove higher damages.
2.7 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract in the form of a credit card guarantee, a down payment or similar. The amount of the advance payment and the payment dates may be agreed in writing in the contract. The statutory provisions shall remain unaffected in the case of advance payments or security deposits for package tours. In justified cases, e.g. payment arrears on the part of the customer, the hotel shall be entitled, even after conclusion of the contract until the start of the stay, to demand an advance payment or security deposit within the meaning of No. 6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
2.8 Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit within the meaning of No. 7 above from the customer at the beginning and during the stay for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with No. 6 and/or 7 above.
2.9 The customer may only set off or reduce a claim or exercise a right of retention against a claim of the hotel with an undisputed or legally binding claim.
III. WITHDRAWAL BY THE CUSTOMER (CANCELLATION) / NON-UTILISATION OF THE HOTEL'S SERVICES (NO SHOW)
3.1 Cancellation by the customer of the contract concluded with the hotel requires the written consent of the hotel. If such consent is not given, the agreed price under the contract shall be payable even if the customer does not avail himself of contractual services. This shall not apply in the event of a breach of the hotel's obligation to show consideration for the rights, legal assets and interests of the customer if the customer can no longer reasonably be expected to adhere to the contract as a result or is entitled to any other statutory or contractual right of withdrawal.
3.2 If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without triggering payment or damage compensation claims by the hotel. The customer's right of withdrawal shall expire if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed deadline. The date of receipt of the declaration of withdrawal by Klostergarten Marienfließ GmbH shall be deemed the cut-off date for the calculation of the deadline.
3.3 If a right of withdrawal has not been agreed or has already expired, if 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 shall retain the claim to the agreed remuneration despite the non-utilisation of the service. The hotel shall take into account the income from renting the rooms to other parties and the expenses saved. If the rooms are not let to other parties, the hotel may make a flat-rate 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 third-party services, 70% for half-board and 60% for full-board arrangements. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount demanded.
3.4 The customer's right of withdrawal shall expire if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless a case of withdrawal by the customer pursuant to Clause IV No. 1 Sentence 3 applies.
3.5 The customer is obliged to inform the hotel of the exact number of guests up to 35 days before the start of the journey.
3.6 In the case of rooms not used by the customer, the hotel shall offset the income from renting these rooms to other parties and the expenses saved. If the rooms are not let to other parties, the hotel may demand the contractually agreed remuneration and make a flat-rate deduction for the expenses saved by the hotel. The customer is at liberty to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.
IV. CANCELLATION BY THE HOTEL
4.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract during this period if there are enquiries from other customers regarding the contractually reserved rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel with a reasonable deadline.
4.2 If an advance payment or security deposit agreed or required above in accordance with Clause III numbers 5 and/or 6 is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
4.3 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 it impossible to fulfil the contract; if rooms are booked under misleading or false statements of material facts, e.g. The hotel has reasonable grounds to assume that the use of the hotel services may jeopardise the smooth operation of the business, the security or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organisation; there is a breach of the above-mentioned Item I No. 2.
4.4 In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.
V. ROOM PROVISION, HANDOVER AND RETURN
5.1 The customer does not acquire any claim to the provision of specific rooms.
5.2 Booked rooms shall be available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no right to earlier provision.
5.3 On the agreed day of departure, the hotel rooms must be vacated by 12:00 noon at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) due to the late vacating of the room for its use in excess of the contract until 4:00 p.m., and 100% from 4:00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotel has not incurred any claim to a usage fee or that the claim is significantly lower.
VI. TERMS AND CONDITIONS FOR PARKING SPACES
6.1 Upon entry into the parking garage or other hotel parking area, a rental agreement shall be concluded between the hotel and the lessee for the parking period requested by the lessee within the opening hours.
6.2 Vehicles may only be parked within the marked parking spaces. The hotel is entitled to move or have moved incorrectly parked vehicles by taking appropriate measures at the expense of the lessee. The hotel may charge a flat rate for this.
6.3 Klosterhotel Marienfließ GmbH is also entitled to remove the lessee's vehicle from the parking area in case of imminent danger.
6.4 Driving on the monastery grounds is only permitted at walking pace. The fire prevention and safety regulations must be followed. In this context, reference is made to the StVO - this applies in the entire parking area.
6.5 The tenant is liable for cleaning costs in the event of soiling of the parking area caused by him/her.
6.6 The Hotel shall be entitled to a right of retention and a statutory lien on the Hirer's parked vehicle on account of its claims arising from the rental agreement.
VII. LIABILITY OF THE HOTEL
7.1 The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty on the part of the hotel or on an intentional or negligent breach of duties typical of the contract on the part of the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise provided for in this clause 7. In the event of disruptions or defects in the hotel's services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and keep any possible damage to a minimum.
7.2 The hotel is not liable for items brought into the hotel. There are no safes in the rooms. Valuables can be stored in the hotel office.
7.3 The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel's property and their contents, except in cases of intent or gross negligence. No. 1 sentences 2 to 4 above shall apply accordingly.
VIII. DUTY TO PROVIDE INFORMATION IN ACCORDANCE WITH THE CONSUMER DISPUTE SETTLEMENT LAW (Section 36 (1) VSBG)
Klosterhotel Marienfließ GmbH does not participate in dispute resolution proceedings before consumer arbitration boards.
IX. FINAL PROVISIONS
9.1 Amendments or supplements to the contract, the acceptance of the application or these General Terms and Conditions for Hotel Accommodation must be made in writing. Unilateral amendments or supplements by the customer are invalid.
9.2 The place of performance and payment shall be the registered office of the hotel.
9.3 The exclusive place of jurisdiction - also for disputes regarding cheques and bills of exchange - in commercial transactions shall be the registered office of the hotel under company law - Stepenitz Marienfließ. Insofar as a contracting party fulfils the prerequisite of Section 38 (2) of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel under company law.
9.4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
9.5 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 all other respects, the statutory provisions shall apply.