IMPRINT & TERMS
Kiefer Hotel GmbH
Kölner Straße 76-78
Telefon: +49 2234 18460
Telefax: +49 2234 184650
CEO: Wolfgang Kiefer
Tax number: DE 276 506 316
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General terms and conditions for hotel accommodation contracts
1. These terms and conditions apply to contracts for the rental use of hotel rooms for lodging purposes as well as all other goods and services rendered by the hotel for the customer.
2. The prior written consent of the hotel is required if rooms provided are to be sublet or rented to other parties or used other than for lodging purposes, whereby § 540, para. 1, sentence 2 German Civil Code (BGB) is waived insofar as the customer is not the consumer.
3. The customer’s general terms and conditions shall apply only if these have been expressly agreed in writing beforehand.
II. Conclusion of contract, contractual parties, statute of limitations
1. The contract shall come into force upon the hotel’s acceptance of the customer’s order. At its discretion, the hotel may confirm the room reservation in writing.
2. The parties to the contract are the hotel and the customer. If a third party placed the order on behalf of the customer, then that party shall be liable vis-à-vis the hotel for all obligations arising from the hotel accommodation contract as joint and several debtor together with the customer, insofar as the hotel has a corresponding statement by the third party.
3. Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations dependent upon knowledge of § 199, para. 1 German Civil Code (BGB). Damage claims shall be time-barred after five years, regardless of knowledge. The reduction of the statute of limitation periods shall not apply for claims which are based on an intentional or grossly negligent breach of obligation by the hotel.
III. Services, prices, payment, set-off
1. The hotel is obliged to keep the rooms reserved by the customer available and to render the agreed services.
2. The customer is obliged to pay the applicable or agreed hotel prices for rooms provided, and for other services used. This also applies 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 fulfilment of the contract exceeds four 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 exceeding five percent.
4. Moreover, the hotel may change 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, and the hotel consents to such changes.
5. Hotel invoices not showing a due date are payable and due in full within ten days of receipt. The hotel shall be entitled at any time to make accumulated unpaid bills payable and due, and to demand immediate payment. On default of payment, the hotel is entitled to demand the applicable statutory default interest at the current rate of eight percent or, in legal transactions with a consumer, at the rate of five percent above the base interest rate. The hotel reserves the right to demonstrate higher damage.
6. The hotel is entitled to demand a reasonable advance payment or security deposit when concluding the contract or any time thereafter, in observance of the legal provisions for package tours. The amount of the advance payment and payment dates can be agreed in writing in the contract.
7. The customer may only set-off or reduce a claim by the hotel with a claim which is undisputed or legally binding.
IV. Cancellation of the contract by the customer or non-use of the services provided by the hotel
1. Any cancellation of the contract by the customer requires the hotel’s written consent. If this is not forthcoming the agreed contract price must be paid even if the customer does not avail himself of the contractual services. However, this does not apply if the hotel fails to give due consideration to the customer’s rights, legal assets or interests, as a result of which the customer can no longer be reasonably expected to fulfil the contract, or if [the customer] is entitled to cancel the contract on other legal or contractual grounds.
2. If a cut-off date for withdrawal from the contract at no cost is agreed between the hotel and customer in writing, the customer may cancel the contract up until that date without incurring charges and at no risk of compensation claims by the hotel. This right of cancellation is invalid if the customer fails to exercise it in writing. Clause 1, no. 3 applies in this respect.
3. The hotel must deduct earnings gained from renting out any rooms not used by the customer when charging the customer for these, and also any expenses saved.
4. The hotel is entitled to demand payment of the contractually agreed payment, less a fixed deduction reflecting the expenditure saved by the hotel. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast, 70% for half board and 60% for full board. The customer has the right to prove that the above claim has not arisen, or has arisen to a lesser extent.
V. Cancellation by the hotel
1. If it is agreed in writing that the customer can withdraw from the contract within a specified period, the hotel is entitled to cancel the contract within this period if there are inquiries from other customers regarding the contractually reserved room and the customer has not waived his/her right of cancellation on request by the hotel.
2. If an agreed advance payment, or an advance payment or security deposit demanded in accordance with Clause III No. 6, is not provided after the lapse of a reasonable extension set by the hotel, the hotel will also be entitled to cancel the contract.
3. The hotel is also entitled to cancel the contract extraordinarily for a justified reason such as
• force majeure or other circumstances not of the hotel's fault which make fulfilment of the contract impossible;
• rooms have been booked using misleading or false information, e.g. concerning the customer’s identity or the purpose of the booking;
• the hotel has reasonable grounds to believe that the use of the service may jeopardise the smooth running of the business, the safety or security of the hotel and the hotel's public image without this being attributable to the management or running of the hotel;
• the customer is in breach of Clause I No. 2.
4. If the hotel justifiably cancels the contract, no claim for compensation may be made by the customer.
VI. Room provision, handover and return of rooms
1. The customer is not entitled to the provision of specific rooms.
2. Reserved rooms are provided to the customer from 3 pm on the agreed day of arrival. The customer is not entitled to earlier provision of the rooms.
3. The customer must vacate the room no later than 11 am on the agreed check-out date. After then, the hotel may add a charge of 50% up to 6 pm (and 100% from 6 pm) of the full accommodation rate (list price) for delayed vacation of the rooms and use beyond that which has been contractually agreed. This does not create any contractual entitlements for the customer. The customer is at liberty to prove that the hotel has no claim or a considerably lesser claim to a user charge for the rooms.
VII. Liability of the hotel
1. The hotel is liable to exercise the due care and diligence of a prudent business entity concerning its obligations under the contract. Customer claims for damage are precluded except for damage resulting in injury to life, limb or health and the hotel is responsible for the breach of the obligation, other damage caused by an intentional or grossly negligent breach of obligation by the hotel, and damage based upon an intentional or grossly negligent breach of those hotel's obligations which are typical in such a contract. A breach of obligation on the part of a legal representative or vicarious agent of the hotel is equal to that of the hotel. Should disruptions or defects in the performance of the hotel occur, the hotel will endeavour to provide a remedy once it becomes aware of these or if the customer immediately complains to the hotel. The customer is obliged to do what is reasonable to eliminate the disruption and to keep any possible damage as low as possible.
2. The hotel is liable to the customer for property brought into the hotel in accordance with statutory provisions, i.e., up to one hundred times the room rate, not exceeding €3,500 and up to €800 for cash, securities and valuables.
3. If the customer is provided with a parking space in the hotel garage or car park, it does not constitute a contract of safe custody even when a fee is charged. The hotel is not liable for any loss or damage to vehicles parked on hotel property or their contents except in cases of wilful misconduct or gross negligence. Clause 1, nos. 2 to 4 above apply accordingly.
4. Wake-up calls are carried out by the hotel with the utmost care. Messages, post and merchandise deliveries for hotel guests are handled with care. The hotel will deliver, hold, and, upon request and payment, carry out forwarding of the same. Clause 1, nos. 2 to 4 above apply accordingly.
VIII. Final provisions
1. Amendments and supplements to the contract, the acceptance of applications, or these general terms and conditions for hotel accommodation are to be made in writing. Unilateral amendments and supplements by the customer are not valid.
2. The place of fulfilment and payment is the registered location of the hotel.
3. In the event of dispute, including disputes for cheques and bills of exchange, the courts at the hotel's registered location are to have exclusive jurisdiction. If a contracting party fulfils the requirement of § 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction is that of the registered location of the hotel.
4. The contract is governed by and shall be construed in accordance with the laws of the Federal Republic of Germany. The application of the UN Convention on the International Sale of Goods and the conflict of laws are precluded
5. Should any of the individual provisions of these terms and conditions be invalid or void or become so, this will not affect the validity of the remaining provisions. The statutory provisions also apply.
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