General Terms and Conditions
I. Scope
1 These terms and conditions apply to any contract for the use of hotel rooms by guests at Hotel 7 Säulen (hereinafter referred to as the hotel) for lodging purposes and any other guest services provided by the hotel.
2 Subletting or reletting rooms or using the rooms for purposes other than accommodation shall require the prior written consent of the hotel. Section 540 para. 1 sentence 2 of the German Civil Code (Bürgerliches Gesetzbuch) does not apply to non-consumer guests.
3 Guest terms and conditions shall only apply on the express written approval of the hotel.
II. Conclusion, parties, and limitation periods
1 A contract shall be deemed as concluded whether adopted by written or verbal agreement or by telephone with the guest. The hotel shall be at liberty to confirm the room reservation in writing.
2 Parties to the contract are the hotel and guest. Any third party that places the reservation on behalf of a guest shall be jointly and severally liable together with the guest towards the hotel for any obligations arising from the hotel accommodation contract inasmuch as the hotel has received a corresponding declaration from the third party concerned.
3 All claims against the hotel shall expire after one year from the time at which the party raising the claim has become aware of the circumstances leading to the claim according to the general statute of limitations in Section 199 para. 1 of the German Civil Code (Bürgerliches Gesetzbuch). Claims to damages shall expire after five years regardless of time of awareness. These limitation periods shall not apply to claims arising from intentional or grossly negligent breach of obligation.
III. Services, prices, payment, deductions
1 The hotel shall have the rooms reserved by the guest ready for occupation by 6 PM on the day of arrival and provide the agreed services.
2 The guest shall pay the applicable or agreed rates for the room provided or other services of the hotel used by the guest. This shall also apply to any services ordered by the guest and resulting expenses of the hotel towards third parties.
3 The agreed rates include VAT at the statutory amount. The hotel may increase the agreed rates at the point of contract conclusion by a commensurate amount not exceeding 5% if the period between contract conclusion and fulfilment exceeds four months and the rate normally charged by the hotel for the agreed services has risen.
4 The hotel may also alter the price if the guest requests changes in the number of rooms reserved, services from the hotel, or the period of stay at the hotel and the hotel agrees with these alterations. 5 Invoices sent by the hotel without a payment deadline shall be paid within ten days of receipt of the invoice without discount for prompt payment. The hotel may at any time charge receivables accrued for immediate payment. If a guest should default on payment, the hotel may demand default interest at the current rate of 8% for commercial guests and up to 5% above the base rate from non-commercial guests. The hotel may at its discretion claim for increased damages where documented. 6 The hotel may demand a reasonable prepayment or security on contract conclusion or afterwards taking into account statutory regulations for package tours. The parties may agree in writing on the prepayment amount and payment deadlines in the contract.
- The guest may only deduct undisputed or legally binding counterclaims against the hotel from payments due to the hotel.
IV. Guest cancellation or withdrawal, non-use of contractually agreed services from the hotel
1 A contract previously concluded by the guest with the hotel may only be cancelled on the written approval of the hotel. Failing this, the agreed rate shall be paid according to contract even if the guest fails to use the agreed services. This shall not apply where the hotel has breached its own obligations towards the rights and vested interests of the guest such that the guest can no longer reasonably be expected to adhere to the contract or the guest is entitled to a statutory or contractually agreed right to cancellation.
2 If the hotel and guest have agreed on withdrawal from the contract by a certain date without penalty, then the guest may withdraw from the contract by this date without incurring claims for payment or damages from the hotel. The right of the guest to withdraw shall cease to apply if the guest fails to exercise this right of withdrawal from the contract towards the hotel in writing by the agreed date unless paragraph 1 sentence 3 applies to the withdrawal or cancellation.
3 The guest may cancel the contract up to a day before arrival without charge unless otherwise agreed. The hotel may demand 90% of the contractually price for the overnight stay if the guest should cancel after this point.
4 The hotel shall deduct any earnings from rooms hired to other parties and expenses saved from charges to guests who have cancelled late or not shown up at all.
5 The hotel may at its discretion demand the agreed rates together with a lump sum deduction for expenses saved. The guest shall in this case pay at least 90% of the contractually agreed rate for the overnight stay. The guest may also provide documentation that the claim named in the above has not arisen or not in the amount claimed by the hotel.
V. Withdrawal or cancellation by the hotel
1 If the hotel and guest have agreed in writing on an option for the guest to withdraw from the contract free of charge by a certain deadline, the hotel may also cancel the contract before this deadline on receiving inquiries from other guests regarding the rooms contractually reserved with the guest, and the guest does not waive his or her agreed cancellation right on request from the hotel. The same shall apply correspondingly on granting an option if other enquiries exist and the guest is not willing to make a firm reservation on request from the hotel.
2 The hotel may also withdraw from the contract if the guest fails to pay any advance payment agreed or required according to Clause III. No. 6 after a reasonable period of grace set by the hotel.
3 The hotel may also withdraw from the contract for justifiable cause such as force majeure or where other circumstances beyond the sphere of influence of the hotel render contract fulfilment impossible; rooms have been let for the guest under false pretences or representations in key information regarding the guest such as the guest’s identity or the purpose of renting the room; the hotel has good reason to assume that providing services to the guest would disrupt the smooth operation of the hotel or the safety or public reputation of the hotel without this being the responsibility of the hotel management or organisation; or in case of breach of Clause I No. 2 above.
4 The hotel may interrupt or prevent job interviews, sales events or similar events that have not been approved.
5 The guest shall not be entitled to compensation if the hotel justifiably withdraws from or cancels the contract or prevents an event that has not been approved according to No. 4 above.
VI. Provision, transfer and return
1 The guest shall not be entitled to the provision of any particular room.
2 Reserved rooms shall be prepared and ready for the guest from 2:30 PM on the agreed day of arrival. The guest shall not be entitled to demand earlier availability. The hotel may provide the room to another guest if the guest that reserved the room fails to arrive after 6 PM unless a later time has been expressly agreed between the hotel and the guest or the guest has paid for the room in advance. The guest shall have no claim to compensation in such cases.
3 The guest shall vacate the room and return it to the hotel cleared of the guest’s belongings by 11 AM at the latest on the agreed day of departure. The hotel may charge the guest 50% of the full overnight rate if the guest fails to vacate the room on time but before 6 PM, or 100% if the guest fails to vacate the room until after 6 PM. This shall not constitute a contractual claim on the part of the guest. The guest may reduce the claim on documentation that the hotel has not incurred any or a substantially lower claim to compensation for use.
VII. Charges for increased cleaning effort or smoking in a non-smoking room
1 The hotel may charge an additional cleaning fee for substantial soiling of the room beyond the normal scope. This fee shall depend on the cleaning effort involved.
2 The hotel may also charge a cleaning fee at € 100 if a guest has smoked in one of the hotel rooms.
VIII. Liability of the hotel
1 The hotel shall be held liable for its obligations from the contract as based on sound business principles and practices. The guest shall have no claim to compensation except for injury to life or limb where the hotel is responsible, or other damages resulting from intent or gross negligence on the part of the hotel or for claims arising from deliberate or negligent breach of obligations as typical for the contract concerned by the hotel. Any breach of obligation by the hotel’s legal representatives or vicarious agents shall be regarded as tantamount to that of the hotel. The hotel shall immediately attempt to remedy disruptions or faults in the performance of the hotel that the hotel may become aware of on its own or due to a complaint from a guest. The guest shall contribute to a remedy of the situation as far as possible and reasonable in order to keep any further damage to a minimum. The guest shall otherwise inform the hotel in time regarding the immanent possibility of any extraordinary loss or damage.
2 The hotel shall be liable for belongings that the guest has taken into the hotel according to statutory regulations, which stipulate up to a hundred times the room rate but not more than € 3,500, and up to € 800 for cash, securities and valuables. The guest’s claim to damages shall expire if the guest fails to report the loss, destruction or damage immediately after becoming aware of such to the hotel according to Section 703 of the German Civil Code (Bürgerliches Gesetzbuch). The above Clause 1 sentences 2 to 4 shall apply correspondingly to any further liability of the hotel.
3 The hotel shall return any belongings left by the guest in the hotel to the guest by post at the guest’s request, risk and expense. The hotel shall keep the belongings for three months, after which the hotel shall submit the belongings to a local lost property office if these belongings have any obvious value. Clause No. 1 sentences 2 to 4 shall apply accordingly.
4 No safekeeping agreement shall emerge for any parking space on the hotel’s parking facilities if a parking space has been agreed for the guest, whether paid or not. The hotel shall not be liable for any loss or damage to any parked or positioned vehicle or its contents on the parking facilities of the hotel except in cases of intent or gross negligence. Clause No. 1 sentences 2 to 4 shall apply accordingly. The guest shall immediately report any damage.
5 The hotel shall conduct any wake-up calls with utmost care. Any messages, post or packages sent to the guest shall be handled with care. The hotel shall deliver or keep such items safe or send them to the guest on the guest’s request and expense. Clause No. 1 sentences 2 to 4 shall apply accordingly.
IX. Final provisions
1 Any alterations or additions to this agreement, the acceptance of a reservation or these terms and conditions shall require the written form. Any unilateral changes or additions by the guest shall remain invalid.
2 The place of performance and payment shall be the location of the hotel in Dessau-Roßlau.
3 The exclusive place of jurisdiction including any disputes concerning financial transactions including cheques or exchanges shall be at the location of the hotel. Court jurisdiction shall also be at the location of the hotel if one of the parties fulfils the requirements of Section 38 para. 2 of the German Code of Civil Procedure (ZPO) and has no general jurisdiction in Germany.
4 The laws of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UNCISG) and conflict of laws.
5 Any individual provisions in these general terms and conditions for admission to the hotel that should prove invalid or unenforceable shall not affect the validity of the remaining provisions. The statutory provisions shall otherwise apply.
Hotel 7 Säulen - Dr. Ralf-Peter Weber - Ebertallee 66 - 06846 Dessau-Roßlau - Tel.: 0340/619620 - Fax: 0340/619622 - hotel_7_saeulen@aol.com - www.hotel-7-saeulen.de - Tax No. 114/286/06886