Terms & Conditions (Template Dehoga)

1. SCOPE OF APPLICABILITY

1. These Terms and Conditions govern 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. (“Hotel Accommodation Contract”).
2. The prior consent in text form of the hotel is required if rooms provided are to be sublet or rented to other parties or used other than for lodging purposes.
3. The customer’s general terms and conditions shall apply only if these are previously expressly agreed in text form.

2. CONCLUSION OF CONTRACT, PARTIES, STATUTE OF LIMITATIONS

1. At its discretion, the hotel may confirm the room reservation in text form.
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.
3. Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period. Damage claims shall be time-barred after five years. 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.

3. 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 agreed or applicable 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. The agreed prices shall include the respective statutory Value Added Tax.
3. The hotel can make its agreement to the customer’s later request for a reduction of the number of reserved rooms, services of the hotel or the customer’s length of stay dependent upon the increase of the price for the rooms and/or for the other services.
4. Hotel invoices have to be paid within fourteen days of receipt of the invoice without deduction. 
5. The hotel is entitled to require a reasonable advance payment or security deposit from the customer upon conclusion of the contract. 
6. In justified cases, e.g. the customer’s default in payment, the hotel shall be entitled to refuse further services.
7. The customer may only set-off or reduce or clear a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.

4. REPUDIATION BY CUSTOMER (CANCELLATION, ANNULMENT and NO SHOW)

1. Cancellation by the customer of the contract concluded with the hotel requires the hotel’s consent in text form. If such is not given, then the price agreed in the contract must be paid even if the customer does not avail himself of the contractual services.
2. To the extent the hotel and customer agreed in text form 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 shall expire if he does not exercise his cancellation right in text form vis-à-vis the hotel by the agreed date.
3. If rooms are not used by the customer, the hotel must credit the income from renting the rooms to other parties and also for saved expenses. If the rooms are not otherwise rented, the hotel can demand the contractually agreed rate and assess a flat rate for the saved expenses of the hotel
4. A right to withdrawal from the contract with the hotel, expires 2 weeks before the planned day of arrival, as stated in the contract. Important notice: According to legal guideline 2011/83/EU of the European Parliament, article 16, the 14-day right to withdrawal doesn´t apply for hotel reservations. The cancellation policies of the hotel apply. 30 days before the arrival, the cancellation is free of charge.

5. CANCELLATION BY HOTEL

1. Insofar as it was agreed in text form that the customer can cancel the contract at no cost within a certain time period, the hotel is entitled to its part to cancel the contract during this time period.
2. The customer can derive no damage compensation rights from justified cancellation by the hotel.

6.  ROOM AVAILABILITY, DELIVERY AND RETURN

1. The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed in text form.
2. Reserved rooms are available to the customer starting at 3:30 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 10:00 a.m. on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the hotel may charge 50% of the accommodation rate (list price) until 2:00 p.m., thereafter 100% for the additional use of the room. 

7. LIABILITY OF THE HOTEL

1. The hotel is liable for the performance of its obligations arising from the contract. Claims of the customer for reimbursement of damages are precluded except for such which result from death, injury to 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 and damage which is caused from an intentional or negligent breach of obligations of the hotel which are typical for the contract. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection by the customer made without undue delay. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.
2. The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions. Accordingly, the liability is limited to, one hundred times the room rate but, however, a maximum amount of € 3,500.00 and, in deviation, for cash, securities and valuables, a maximum amount up to € 800.00. Cash, securities and valuables up to a value of € 3,500.00 may be stored in the hotel safe. The hotel recommends making use of this option. The Hotel shall not be liable if the Customer fails to notify it immediately on becoming aware of the loss, damage or destruction [of his/her property].
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 of or damage to motor vehicles parked or maneuvered on the hotel’s property and the contents thereof, except for cases of intent or gross negligence.
4. Wake-up calls are carried out by the hotel with the greatest possible diligence. For the preclusion of damage claims of the customer, the hotel assumes no liability except for cases of intent or gross negligence.

8. LIABILITY OF THE CUSTOMER

1.  The customer is liable for any damage he produced to the building or inventory.
2. Infringes the customer against the nonsmoker protection legislation he will be made liable for the fines that are imposed on the hotel due to the breach of the legislation.
3. Pets are not allowed. 

9. FINAL PROVISIONS

1. Amendments and supplements to the contract, the acceptance of applications or these General Terms and Conditions should be made in text form. Unilateral amendments and supplements by the customer are not valid.
2. The place of performance and payment is the location of the hotel.
3. The contract is governed by the laws of the Federal Republic of Germany. The application of the UN Convention on the International Sale of Goods and Conflict Law are precluded. 
4. Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.