I. Scope of application

1. these terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel for the customer.

2. the subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not a consumer.

3. the customer’s terms and conditions shall only apply if this has been expressly agreed in writing in advance.

II. Conclusion of contract, contract partners; limitation period

1. the contract is concluded upon acceptance of the customer by the hotel. The hotel is at liberty to confirm the room booking in writing.

2. the contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, it shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party

3. all claims against the hotel are generally time-barred one year from the beginning of the regular limitation period dependent on knowledge § a99 para. 1 BGB. Claims for damages shall become statute-barred after five years, irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III Services, prices, payment, offsetting

1. the hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

2. the customer is obliged to pay the hotel’s applicable or agreed prices for the provision of the room and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer.

3. the agreed prices include the respective statutory value added tax. If the period between conclusion and fulfillment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price appropriately, but by no more than 5%. The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel’s services or the duration of the guests’ stay and the hotel agrees to this.

4. invoices of the hotel without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. The hotel reserves the right to provide evidence of higher damages.

5. the hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates may be agreed in writing in the contract.

6. the customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

IV. Cancellation by the customer (i.e. deferrals, cancellations) / non-utilization of the hotel’s services

1. the customer’s withdrawal from the contract concluded with the hotel requires the hotel’s written consent. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This shall not apply in the event of a breach of the hotel’s obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is otherwise entitled to a statutory or contractual right of withdrawal.

2. if the hotel and the customer have agreed on a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal shall expire if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless a case of withdrawal by the customer as per. No. 1 sentence 3 exists.

3. if rooms are not used by the customer, the hotel must offset the income from renting the rooms to other parties and the expenses saved.

4. the hotel shall be at liberty to charge a flat rate for the contractually agreed remuneration. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for bed and breakfast, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the above-mentioned claim did not arise or did not arise in the amount claimed.

V. Cancellation by the hotel

1. if the customer’s right to withdraw free of charge within a certain period has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the booked rooms and the customer does not waive his right to withdraw.

2. if an agreed advance payment or an advance payment demanded in accordance with Clause III No. 6 above is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.

3. furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if

• force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
• rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose;
• The hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardize the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel’s sphere of control or organization.
• There is a breach of clause 1 no. 2 above.

VI Room provision, handover and return

1. the customer acquires no entitlement to the provision of specific rooms.

2. booked rooms are available to the customer from 14:00 on the agreed day of arrival. The customer is not entitled to earlier provision.

3. on the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the late vacating of the room for its use in excess of the contract until 3 p.m., and 100% from 3 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to compensation for use.

VII Liability of the hotel

1. the hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims by the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health, if the hotel is responsible for the breach of duty, other damages that are based on an intentional or grossly negligent breach of typical contractual obligations of the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer shall be obliged to make reasonable efforts to rectify the fault and minimize any possible damage.

2. the hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of EUR 3,500.00, and for money, securities and valuables up to EUR 800.00. Money, securities and valuables up to a maximum value of 15,000.00 euros can be stored in the hotel or room safe. The hotel recommends making use of this option. Liability claims expire unless the customer notifies the hotel immediately after becoming aware of the loss, destruction or damage (§703 BGB). The above No. 1 sentences 2 to 4 shall apply mutatis mutandis to any passing-on liability of the hotel.

3. if the customer is provided with a parking space in the hotel parking lot, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. The above No. 1 sentences 2 to 4 shall apply accordingly.

4. wake-up calls are carried out by the hotel with the utmost care. Messages, post and consignments for guests are handled with care. The hotel will take care of the delivery, storage and – on request – forwarding of the same for a fee. The above No. 1 sentences 2 to 4 shall apply accordingly.

VIII Final provisions

1. amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.

2. place of performance and payment is Ramstein-Miesenbach
3. The exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – in commercial transactions is the registered office of the hotel. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.

4 German law shall apply: The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

5 Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions apply.