GENERAL TERMS AND CONDITIONS
The German version of our Terms & Conditions takes precedence over the German version. In case of doubt, the German version.
GENERAL BUSINESS TERMS AND CONDITIONS FOR RELEXA HOTEL GMBH Accommodation CONTRACTS (AGBH 8.0)
1 AREA OF APPLICATION
1.1 These General Business Terms and Conditions apply to the customer for the lodging and all other services and provided to the customer by the hotel in that connection (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” encompasses and replaces the following terms: lodging, guest accommodation, hotel and hotel room contract.
1.2 The sub-letting and re-letting of the rooms provided for this purpose and the other than those of the hotel in text form, ob section 540 (1) sentence 2 German Civil Code (BGB) is excluded insofar as the customer is not a consumer as defined in section 13 BGB.
1.3 in advance in text form.
2 CONCLUDING THE CONTRACT, CONTRACT PARTIES, STATUTE OF LIMITATIONS
2.1 The hotel and the customer are the parties to the contract. The contract is made by the customer. The hotel can confirm the reservation in text form at its discretion.
2.2 All claims against the hotel shall become statute-bound in principle one year after commencement of the statutory limitation period. This does not apply to claims or other claims.
3 SERVICES, PRICES, PAYMENT, OFF-SET
3.1 The hotel is provided by the customer and to render the services agreed.
3.2 The customer is responsible for the provision of the service. This is applied to services ordered by the customer and / or in advance by the hotel.
The contract will have to be considered as the value added tax. In the case of contracts with consumers, this only applies if the period of time elapsing between the contract and the date of performance of the contract is more than four months.
3.4 The hotel will make its consent to the request made by the hotel or the customer other services of the hotel.
3.5 The hotel invoices are due and payable immediately upon receipt without any deduction being made. If payment by invoice is agreed, payment shall be made within ten days of receipt of invoice.
3.6 When the contract is entered into, the hotel has the right to request a reasonable advance payment or security from the customer. The amount of the advance payment and the amount of time spent in the contract shall remain unaffected. The provisions of the statute shall apply in the event of late payment by the customer.
3.7 In justified cases, for example if the customer is in arrears in payment or the scope of the contract is extended, the hotel has the right to demand, even after the contract has been completed payment or security as set out in subsection 3.6 above or on increase in the amount of advance payment.
3.8 Further, the hotel has the right to request, at the beginning and during the course of the customer’s stay, a reasonable advance payment or security within the meaning of subsection 3.6 above for existing and future claims under the contract, inasmuch as no such payment or security has already been provided under subsection 3.6 and / or 3.7 above.
3.9 The customer may only offset or net out an undisputed claim or claim by a final and absolute court decision against a claim of the hotel.
3.10 The customer is in agreement with the invoice.
4 REVOCATION BY THE CUSTOMER (COUNTERMAND, CANCELLATION) / NO SHOW
If there is a revocation right in the contract, if there is a statutory revocation right or if the hotel consents to the cancelation of the contract.
4.2 If the customer agrees upon a deadline for revocation of the contract free of charge, the customer may revoke the contract.
4.3 If no revocation has been approved, the hotel retains its entitlement to the remuneration agreed although the service was not used. Otherwise, the hotel will reserve the income and otherwise. If the rooms are not available, the hotel can apply for the saved expenses. 70% for half board and 60% for full board. In this case the customer is charged to pay 90% for the contractually agreed price. The customer is at liberty to demonstrate that the claim did not arise.
5 REVOCATION BY THE HOTEL
5.1 If so, the customer may revoke the contract in a certain period, then the hotel has, for its part, the right to revoke the contract reserved rooms and / or the hotel does not have its revocation right after an inquiry is made and a reasonable period of time is set by the hotel. This shall
after the customer has made an inquiry and sets an appropriate time period.
5.2 The hotel thus has the right to revoke the contract if it is in compliance with subsection 3.6 and / or subsection 3.7.
5.3 Further, the hotel has the right, for an objectively legitimate reason, to revoke the contract for extraordinary grounds, in particular in the event of
- force majeure or other circumstances for which the hotel is not responsible;
- rooms are reserved by culpably providing material facts that are wrong or misleading or by failing to provide material facts; in this context the term material can mean the identity of the customer, the customer’s ability to pay or the purpose of the residence;
- jeopardize the smooth running of the business, the safety or public reputation of the hotel without being attributable to the area of responsibility or organization of the hotel;
- the purpose of the stay; – a breach of subsection 1.2.
5.4 Revocation by the hotel does not give the customer the right to claim damages.
6 MAKING THE ROOM AVAILABLE, HANDOVER AND RETURN
6.1 The customer does not acquire the right to the provision of the specifics.
6.2 The reserved room will be available for use by the customer with effect from 15:00 hours on the agreed date of arrival. The customer has no right to an early availability.
6.3 The room will be vacated and available for use by the hotel by 12:00 noon at the latest on the agreed departure date. The hotel is located in the city center. The hotel is located in the city center 90% after 18:00 hours (price as per price list). This does not give rise to the contractual rights of the customer. The customer is at liberty to claim the claim did not acquire a claim for compensation.
7 LIABILITY OF THE HOTEL
7.1 The hotel is liable for damage which it is able to accountable for injury to life, body or health. It is also liable for other damage [contractually typical obligations]. Duties typically perform the duties and performance of the contract. The fulfillment of the claim is a breach of duty. In the case of any disruptions or deficiencies in the services of the hotel, the hotel shall endeavor to remedy this if it has knowledge thereof or upon a complaint made without undue delay by the customer. The disruption and minimize possible damage.
7.2 The hotel is in accordance with the customer in accordance with the provisions of the statute for items brought with the customer. The hotel recommends the use of the hotel or room safe. Euro 3,500, a separate safekeeping agreement must be entered into with the hotel.
7.3 If it is for a parking space, even if this is for a payment, a custody contract is not concluded as a result. In case of being charged or injured, the hotel is only liable in accordance with sentences 1 to 4 of subsection 7.1 above.
7.4 Wake-up calls are made with great care by the hotel.
Messages for customers are treated with care. After prior agreement with the customer, the hotel can accept, store and – if desired – dispatch for a charge mail and consignments of goods. In this connection the sentence is correct.
8 FINAL COMMISSIONS
8.1 Alterations and supplements to the contract, to be adopted in the form of text. Unilateral changes or supplements are ineffective.
8.2 The place of performance and payment [please insert the place, either the location of the hotel or the registered office of its operating company] and the courts of … [please insert the place, either the location of the hotel or the registered office of its operating company] shall have exclusive jurisdiction over commercial transactions – thus over disputes to check and bills of exchange. If the customer meets the condition of section 38 (2) German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the courts of …
[please insert the place, either the location of the hotel or the registered office of its operating company] shall have jurisdiction and venue.
8.3 German law shall apply. The application of the UN Convention on International Sale of Goods is excluded.
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