1. Scope of application
1.1 The following Terms and Conditions shall apply to all contracts between Wohnraum-Entwicklungs GmbH (hereinafter referred to as “hotel”) with guests regarding the provison of hotel rooms for accommodation, as well as for all other related services by the hotel.
1.2 Other Terms and Conditions – in particular those of the customer – are not part of the contract unless we have expressly agreed in writing to include them in the contract.
2. Conclusion of contract, contractual partner, liability and limitation period
a) The contract will be formed when the hotel accepts the guest’s offer for conclusion of contract. In the case of room bookings or services ordered on site at very short notice, the hotel is free to confirm this in writing.
b) If a third party has ordered for the guest, he and the guest are jointly and severally liable to the hotel for all obligations arising from the accommodation contract, provided that the hotel has a corresponding declaration from the third party.
c) The hotel shall be liable for its obligations under the accommodation contract with the care of a prudent businessman. Claims of the guest 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, as well as other damages based on an intentional or grossly negligent breach of duty by the hotel and damages caused in the case of intent or negligence of typical contractual obligations of the hotel. A breach of duty by the hotel shall be equivalent to that of a legal representative or vicarious agent. Should disruptions or deficiencies in the hotel’s services occur, the hotel will endeavor to remedy the situation as soon as it becomes aware of this or upon immediate complaint by the customer. The guest shall be obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum. In addition, the guest is obliged to inform the hotel in good time of the possibility of exceptionally high damage.
d) The hotel shall be liable for objects brought by overnight guests in accordance with the statutory provisions, which are up to one hundred times the room rate, up to a maximum of € 3,500, and for money, securities and valuables up to € 800. The liability claims expire if the guest notifies the hotel immediately after becoming aware of the loss, destruction or damage (Section 703 of the German Civil Code (BGB)). For further liability of the hotel, the above clause 2 c) sentences 2 to 4 shall apply accordingly.
e) Items left behind by overnight guests in the hotel room or in the public areas of the hotel will only be forwarded by request, risks and costs of the guest. The hotel will keep the items for three months. After that period items, if there is a visible value, will be handed over to the local lost property office.
f) Wake-up calls are carried out by the hotel with great care.
g) Messages, mails and shipments of goods for the guest are handled with care. The hotel will deliver, store and – on request – forward the same for a fee. Claims for damages, except for gross negligence or intent, are excluded.
h) In so far as a parking space in the hotel’s underground parking facilities or car park is made available for the guest (also for payment) this does not result in a custody contract. The hotel shall not be obliged to monitor. The hotel shall not be liable for loss of or damage to vehicles parked or maneuvered on the hotel premises or their contents unless the hotel has caused the damage intentionally or by gross negligence. The preceding clause 2 c) sentences 2 to 4 apply accordingly. Any damage must be reported to the hotel immediately.
i) All claims against the hotel will become statute-barred after one year from commencement of the regular period of limitation depending on knowledge as defined in Section 199 (1) of the German Civil Code (BGB). Damage claims will become statute-barred after five years, irrespective of the knowledge. These reductions of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
3. Services, prices, payment and offsetting
a) The guest shall be obliged to pay the agreed prices of the hotel and the hotel’s prices applicable to the provision of the room and to the other services used by the guest. This shall also apply to services requested by the guest and expenses paid by the hotel to third parties.
b) If there are more than four months between conclusion and performance of the contract and if the statutory sales tax changes, the prices will be adjusted accordingly.
c) If the period of time between conclusion and perfomance of the contract exceeds four months and if the price charged by the hotel for such services increases between conclusion of the contract and provision of the service, the hotel may raise the contractually agreed price to a reasonable extent, but not by more than 5 %. For each additional year between the conclusion of the contract and the fulfillment of the contract beyond these four months, the upper limit increases by a further 5%. Price changes according to Clause 3 b) are not taken into account.
d) The prices can also be changed by the hotel if the guest subsequently wishes to change the number of rooms booked, the hotel’s services or the length of stay of the guests and if the hotel agrees to this.
e) Hotel invoices are payable within 10 days of receipt of the invoice without any deductions, unless it is agreed otherwise. The hotel shall be entitled to make accrued claims due at any time and to demand immediate payment. In the event that the guest fails to pay an invoice, the hotel shall be entitled to demand the applicable default interest. The hotel reserves the right to provide evidence of higher damage.
f) The guest has to reimburse the hotel for reminder costs of € 5 for each reminder after the occurrence of default. The guest is free to prove that no or only significantly lower costs were incurred.
g) The hotel shall be entitled to demand a reasonable advance payment upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
h) The guest shall only be entitled to a right of set-off or reduce an undisputed or legally binding claim against a claim by the hotel.
4. Rescission by the guest (cancellation) and non-utilization of services
a) Cancellation by the guest free of charge from the contract concluded with the hotel requires the hotel’s written consent. If it is not done, the agreed prices for hotel rooms, meals and other services from the contract shall be paid even if the guest does not make use of the contractual services. This does not apply in the event of a breach of the hotel’s obligation regarding the rights, legal interests and interests of the guest, if the guest can no longer be expected to adhere to the contract or if he is entitled to any other statutory or contractual right of rescission.
b) In the event that, in the individual case, a right of rescisson free of charge within a certain time-limit was agreed in writing between the hotel and the guest, the guest can rescind from the contract during this period without giving rise to claims for payment or damages on the part of the hotel (the hotel’s rescission option, see clause 5 a) must be taken into account). The guest’s right of rescission expires if he does not waive his right of rescission in writing to the hotel by the agreed date.
4.1. Cancellation and non-utilization of rooms
c) In the case of rooms not used by the guest, the hotel shall offset the income from renting the rooms to other parties as well as the expenses saved.
d) The hotel shall be entitled to fix a lump sum with regard to deduction for expenses saved as follows:
Time of cancellation of the hotel room, no show or early departure
Calculation of the agreed price
for bed and breakfast
in the amount of
More than 8 weeks before arrival 60%
More than 1 week before arrival 80%
Less than 1 week before arrival as well as no-show or early departure 90%
e) The guest is free to prove that the above-mentioned claim did not arise or did not arise in the required amount.
5. Rescisson by the hotel
a) If the guest’s right to rescind free of charge has been agreed in writing within a certain period of time, the hotel shall be entitled to rescind from the contract during this period if there are inquiries from other guests about the contractually booked rooms and if the guest does not inquire about their right to rescind from the contract waived. This applies accordingly if an option is granted, if there are other inquiries and the guest is not ready to make a firm booking upon request from the hotel.
b) In the event that an agreed advance payment or an advance payment requested in accordance with Clause 3 g) above is not made, the hotel shall be also entitled to rescind from the contract.
c) Furthermore, the hotel shall be entitled to rescind the contract for an objectively justified reason, for example, if
– force majeure or other circumstances for which the hotel is not responsible render performance of the contract impossible
– the guest books rooms, making misleading or false statements about material facts, such as those relating to the guest’s identity or the purpose
– there is a violation of one of the clauses 6 d) to g)
d) If the hotel shall be justified in rescinding from the contract, the guest has no right to compensation. If the hotel has a claim for damages against the guest in the event of a rescission according to clause 5 b) or c), the hotel can make a liquidated claim according to clause 4 d).
6. Room provision, handover, return and use
a) The guest does not acquire the right to be provided specific rooms.
b) Booked rooms are available to the guest from 4 p.m. on the agreed day of arrival. The guest shall not be entitled to earlier availability. Unless a later time of arrival has been expressly agreed in advance or the certain room has not been paid for in advance, the hotel has the right to reassign booked rooms after 6 p.m. In that case, the guest shall not have any claims against the hotel. Claims of the hotel from clause 4 remain unaffected by this provision. There is no obligation to allocate otherwise.
c) On the agreed departure date, the rooms must be vacated and made available to the hotel by 11 a.m. at the latest. After this point in time, the hotel may charge 50% of the full room price per day for use of the room beyond the limits of the contract due to the delayed vacation of the room until 6 p.m., from 6 p.m. 100% of the full room price may be charged, unless otherwise agreed between the parties and a late check -Out was not booked by the guest. This shall not give rise to any contractual claims on the part of the guest. He is free to prove that the hotel has no or a significantly lower claim to usage fee.
d) The subletting or re-letting of the rooms provided as well as use thereof for other purposes other than accommodation as well as public invitations or other advertising measures for interviews, sales or similar events and the use of hotel areas outside the rented rooms shall require the prior written consent of the hotel and may be made dependent on the payment of additional remuneration.
e) Permanent use of the hotel room by other “third parties” is not permitted. The rental object is intended and suitable for permanent use by only one guest due to the layout and equipment of the room provided. Short-term visits by other people to the rental property (short-term visits) are permitted without prejudice to the above regulation but must be reported to the hotel before. The hotel is entitled to charge a multi-person allowance from the guest for the duration of the short-term visit.
f) The room provided is a non-smoking room. If the guest still smokes in the room provided, he will be charged for the cleaning of the room.
g) The keeping of animals is prohibited in the hotel room.
7. Liability of the guest for damage
a) If the guest is an entrepreneur, he is liable for all damage to buildings and inventory caused by employees, other third parties in his area or himself. This applies accordingly if the guest is a legal entity under public law, a party or a trade union.
8. Final provisions
a) Changes or amendments to this contract and these Terms and Conditions must be made in writing. Unilateral changes or additions by the guest are ineffective.
b) Place of performance and payment shall be Karben.
c) Exclusive place of jurisdiction – also for disputes about cheques – shall be Frankfurt am Main in respect of for commercial transactions. This shall also apply in the event that the guest fulfills the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany.
d) German law shall apply exclusively. The application of the UN Sales Convention and of private international law shall be excluded.
e) Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable, the validity oft he other provisions shall not be affected thereby. The invalid or unenforceable provision shall be replaced by such a valid and enforceable provision whose effects come as close as possible tot he economic aim.