General Terms and Conditions for the Provision of Guest Rooms
at the Hotel Stage47 in Düsseldorf (hereinafter referred to as the Hotel).
1. SCOPE OF APPLICATION
1.1 These terms and conditions apply to contracts for the rental of guest rooms for accommodation, as well as to all services and deliveries provided by the hotel for the customer.
2. CONCLUSION OF CONTRACT, PRICES, PAYMENT, OFFSETTING
2.1 The contract is concluded upon acceptance of the order (confirmation) by the hotel to the booking party.
2.2 The contracting parties are the hotel and the customer. If a third party has booked 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 guest room contract, provided that the hotel has received a corresponding declaration from the third party.
2.3 The hotel is liable for its obligations arising from the contract. In the area not typical for the service, liability is limited to intent and gross negligence on the part of the hotel.
2.4 The limitation period for all claims of the customer is 6 months.
2.5 This limitation of liability and short limitation periods shall also apply in favour of the hotel in the event of breach of obligations in the initiation of the contract and positive breach of contract.
2.6 If the reservation confirmation deviates from the content of the registration, the content of the reservation confirmation shall become part of the contract, unless the guest has objected immediately, at the latest upon acceptance of the services
2.7 If several persons, groups, seminars and conferences are booked, the hotel must be informed of the number and, if applicable, the list of participants up to 10 days before arrival or the event. Political events must be clearly labelled when registering.
3. SERVICES, PRICES, PAYMENTS, OFFSETTING
3.1 The contractual scope of the hotel’s services is set out in the agreements made.
3.2 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.3 The customer is obliged to pay the hotel the applicable or agreed prices for the provision of the room and the other services utilised by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer.
3.4 The agreed prices include the respective statutory value added tax. If the period between conclusion and fulfilment of the contract exceeds 4 months and the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price by a reasonable amount, but by no more than 10%.
3.5 If the applicable VAT rate changes during the term of the contract, the hotel is entitled to adjust the prices.
3.6 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 length of stay of the guests and the hotel agrees to this.
3.7 Subject to separate agreements, the fee for reservations is due upon arrival, otherwise upon the guest’s departure.
3.8 In the case of a stay of more than 3 days, the hotel may issue an interim invoice.
3.9 Hotel invoices without a due date are payable immediately and 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 interest at a rate of 4% above the respective discount rate of the Deutsche Bundesbank. The customer reserves the right to prove lower damages, the hotel reserves the right to prove higher damages.
3.10. If the guest defaults on payment, the hotel may cancel the agreement with immediate effect. The hotel reserves the right to claim further damages, in particular the cancellation of other rentals.
3.11. The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package holidays. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
3.12. If the guest cancels his stay prematurely, he shall nevertheless remain obliged to pay the remaining remuneration less any expenses saved by the hotel, unless he can prove that the hotel has failed to make a reasonable subletting.
3.13. If the guest, for whatever reason, does not make use of a breakfast, he is not entitled to a refund, not even proportionally, nor to a reduction.
3.14. The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
4. WITHDRAWAL BY THE CUSTOMER (CANCELLATION)
4.1 Cancellation by the customer of the contract concluded with the hotel requires the written consent of the hotel. If this is not done, the agreed price from the contract must be paid even if the customer does not utilise contractual services. This shall not apply in the event of a delay in performance by the hotel or an impossibility of performance for which the hotel is responsible.
4.2 If a date for cancellation of the contract has been agreed in writing between the hotel and the customer, 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 right of cancellation in writing vis-à-vis the hotel by the agreed date, unless there is a case of delay in performance on the part of the hotel or an impossibility of service accommodation for which it is responsible.
4.3 The above provisions on compensation apply accordingly if the guest does not make use of the booked room or the booked services without informing the hotel in good time.
In the case of rooms not utilised by the customer, the hotel shall offset the income from renting these rooms to other parties as well as the expenses saved. If the rooms are not rented to other parties, the hotel may demand the contractually agreed remuneration and deduct a lump sum for the expenses saved by the hotel. In this case, the customer is obliged to pay at least 90 % of the agreed price for overnight stays with or without breakfast. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount demanded.
5. CANCELLATION BY THE HOTEL
5.1 If an agreed advance payment is not made even after expiry of a reasonable grace period set by the hotel with a warning of refusal, the hotel is also entitled to withdraw from the contract.
5.2 Furthermore, the hotel is entitled to extraordinary cancellation of the contract for objectively justified reasons, for example if
force majeure or other circumstances for which the hotel is not responsible make fulfilment of the contract impossible
rooms are booked with misleading or false information regarding material facts, e.g. the identity of the customer or the purpose,
the hotel has justified cause to believe that the use of the hotel’s services may jeopardise the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel’s sphere of control or organisation,
there is a breach of paragraph 2 above.
5.3 The hotel must inform the customer of the exercise of the right of cancellation without delay
5.4 In the event of justified cancellation by the hotel, the customer shall have no claim to compensation.
6. ROOM PROVISION, HANDOVER AND RETURN
6.1 Booked rooms are available to the customer from 3 p.m. on the agreed day of arrival. The customer is not entitled to earlier availability.
6.2 On the agreed day of departure, the hotel rooms must be vacated by 12 noon at the latest. Thereafter, the hotel may charge 50 % of the full accommodation price (list price) for the additional use of the room until 6 p.m., and 100 % from 6 p.m. onwards. The customer is at liberty to prove to the hotel that it has incurred no or significantly less damage.
7. LIABILITY OF THE HOTEL
7.1 The hotel is liable for the diligence of a prudent businessman. This liability is not limited to typical services, but is limited to deficiencies in performance, damages, consequential damages or disruptions caused by intent or gross negligence on the part of the hotel. Should disruptions or defects in the hotel’s services occur, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimise any possible damage.
7.2 No liability is assumed for personal items.
7.3 The hotel’s unlimited liability shall be governed by the statutory provisions.
7.4 If the customer is provided with a parking space in the hotel’s garage, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and their contents. This also applies to vicarious agents of the hotel.
7.5 Messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and, on request, forward them for a fee. Claims for damages, except for gross negligence or intent, are excluded.
8. FINAL PROVISION
8.1 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 amendments or additions by the customer are invalid.
8.2 The place of fulfilment and payment is the registered office of the hotel.
8.3 The exclusive place of jurisdiction – including disputes concerning cheques and bills of exchange – for commercial transactions is the registered office of the hotel. If a contractual partner fulfils § 38 paragraph 1 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
8.4 German law shall apply.
8.5 We reserve the right to make mistakes and printing and calculation errors.
8.6 Should individual provisions of these General Terms and Conditions for Guest Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.
Status: July 2018