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Agb's Hotel Herian

General terms and conditions:

I. Scope of Application

  1. These General Terms and Conditions apply to contracts for the rental of hotel rooms as well as for all further services and supplies rendered to the guests by the hotel.
  2. The customer’s General Terms shall only apply when this has been expressly agreed in writing.

II. Conclusion and content of the contract

  1. The contract shall come into force upon the hotel’s acceptance of the customer’s application. The hotel shall be free as to whether it confirms the booking in writing.
  2. If a third party placed the order on behalf of the customer, then that party shall be liable to the hotel for all obligations arising from the hotel accommodation contract as debtors jointly and severally together with the customer, provided the hotel is in possession of a corresponding declaration given by the third party.
  3. Sub-letting an re-letting of booked rooms to commercial sub-tenants, especially commercial sub-tenants of block bookings, as well as their usage for purposes other than accommodation, require the prior written consent of the hotel, whereby § 540 Para. 1, clause 2, BGB (German Civil Code) is waived provided that the customer is not the user.

III. Services, Prices, Payment, Set-Off

  1. The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.
  2. The customer is obligated to pay the applicable or agreed hotel prices for rooms provided and for other services used. This shall also apply to the hotel’s services and outlays to third parties caused by the customer.
  3. The agreed prices include applicable value-added tax as required by law. If the period between conclusion and fulfillment of the contract exceeds five months and if the price generally charged by the hotel for such services increases, then the hotel may raise the contractually agreed price to a reasonable extent but not, however, by more than 10 percent.
  4. Moreover, the hotel may alter prices if the customer later wishes to make changes in the number of reserved rooms, the hotel’s services, or the length of guests’ stay, provided the hotel consents to such changes.
  5. Invoices from the hotel shall be paid within 14 days after receipt of the invoice .The hotel shall be entitled at any time to make accumulating accounts receivable payable and due and to demand payment without undue delay. With default of payment, the hotel shall be entitled to demand a respectively applicable statutory default interest of the amount.
  6. The hotel is entitled to require a reasonable payment or security deposit upon conclusion of the contract or thereafter, observing the legal provision for package tours. The amount of the advanced payment and payment dates may be agreed in writing in the contract.
  7. The hotel subjects for safety to ask for credit-card-details before arrival.

IV. The hotel’s right to withdraw

  1. If the right to a cost-free cancellation within a certain period was agreed in writing for the customer, the hotel is also entitled for its part to cancel the contract during that period if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not waive his right to cancel after having been asked by the hotel.
  2. If an agreed advanced payment or an advance payment demanded under Item III, No.7 is not made even after a reasonable period of grace set by the hotel has expired, then the hotel is likewise entitled to cancel the contract.
  3. Moreover, the hotel is entitled to effect extraordinary cancellation of the contract for a materially cause, e.g. if
    - force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract
    - rooms are reserved with misleading or false information regarding material facts, such as the identity of the customer or the purpose
    - the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization
    - there is a breach of item II, No. 3.
  4. The customer has no right to compensation from a justified cancellation on the part of the hotel.

V. Revocation by customer

  1. Cancellation by the customer of the contract concluded with the hotel requires the hotel’s written consent. If such is not given, then the price agreed in the contract must be paid even if the customer does not avail himself
  2. Provided the hotel and customer agreed in writing upon a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of cancellation expires if he does not exercise his right to cancel in writing vis-à-vis the hotel by the agreed date.
  3. The hotel is entitled to demand the contractually agreed compensation and to make a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay 80 percent of the contractually agreed rate for lodging with or without breakfast. The customer is at liberty to show that the claim mentioned above is either not valid or not valid to the amount specified.

VI. Room Availability, Arrival and Departure

  1. The customer is not entitled to the provision of specific rooms.
  2. Reserved rooms are available to the customer starting at 3 p.m. on the agreed arrival date. The customer does not have the right to earlier availability.
  3. Rooms must be vacated and made available to the hotel no later than 11 a.m. on the agreed departure date. After that time, on the grounds of the delayed vacating room, the hotel may charge 50 percent of the full accommodation rate for the additional use of the room until 3 p.m., after 3 p.m. 100 percent. The customer is at liberty to show the hotel that no damage or considerably less damage has been incurred to the hotel.

VII. Liability of the hotel

  1. The hotel is liable to perform the obligations arising from the contract with the diligence of a prudent businessman. Claims by the customer for reimbursement of damages are precluded except for:
    - those which result from injury to life, body or health and the hotel is responsible for the breach of the obligation;
    - other damage which is caused by an intentional or grossly negligent breach of obligation on the part of the hotel;
    - damage which is caused by an intentional or negligent breach of obligations which are laid down in the contract.
    A breach of obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or employee. Should disruptions or defects in the performances of the hotel occur, the hotel will act to remedy such upon knowledge thereof or upon objection without und due delay by the customer. The customer is be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any damage at a minimum.
  2. The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions (§701, BGB German Civil Code). Liability claims expire unless the customer notifies the hotel immediately after gaining knowledge of the loss, destruction, or damage (§703 German Civil Code). With regard to more extensive liability of the hotel, No.1, sentences 2 to 4, shall apply respectively. Money, securities or valuables worth maximum € 10.000,00 can be deposit in our hotel safe. The hotel recommend to make use of this option.
  3. Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel assumes no liability for loss or damage to motor vehicles parked or maneuvered on the hotel’s property.
  4. The wake-up call service is provided by the hotel with the greatest possible diligence. Messages, mail and merchandise deliveries for guests are handled with care. The hotel will deliver, hold, and for a fee forward such items (on request).

VIII. Final Provisions

  1. Amendments and supplements to the contract, to the acceptance of applications, or to these General Terms and Conditions for hotel accommodation should be made in writing. Unilateral amendments and supplements by the customer are not valid.
  2. Place of performance and payment is the location of the hotel.
  3. German law shall apply.
  4. Should individual terms of these Standard terms of business be invalid or void, this shall not thereby affect the validity of the remaining terms. The same applies to gaps in the contract. Apart from this, the statutory provisions shall apply.
Updated: 01/2012