General Terms and Conditions
I. Scope of Applicability
1. These General Terms and Conditions shall apply to contracts for the rental of hotel rooms for lodging purposes, as well as all other services and deliveries provided by the hotel for the customer (hotel accommodation contract). They do not apply to package tours within the meaning of § 651a BGB. The term "hotel accommodation contract" stands for corresponding designations such as accommodation, guest accommodation, hotel or hotel room contract.
2. The hotel does not recognize the customer's terms and condi tions of business unless the hotel has expressly agreed to their validity in text form. These General Terms and Conditions shall also apply if the hotel performs services for the customer without reservation in full knowledge of the customer's terms and co nditions.
II Conclusion of Contract, Statute of Limitations
1. The contracting parties are the hotel and the customer. The contract shall be concluded by the hotel's acceptance of the customer's application. The hotel shall be free to confirm the room booking in writing. In the event of a booking via the hotel's own homepage, the contract shall be concluded by clicking the button "Conclude booking".
2. The subletting or re letting of the rooms provided as well as their use for purposes other than accom modation require the prior consent of the hotel in text form, whereby the right to terminate the contract pursuant to Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived.
3. If a third party makes the booking on behalf of the customer, th at party shall be liable to the hotel as the subscriber together with the customer as joint and several debtors.
Ill. Services, Prices, Payment, Offset
1. The hotel is obligated to keep the rooms reserved by the customer available and to render the services agreed upon.
2. The customer is obligated to pay the applicable or agreed upon hotel prices for rooms provided and for other services used. T his also applies to services ordered by the customer directly or via the hotel, which are provided by thi rd parties and paid for by the hotel.
3. The agreed prices include the respective statutory value added tax and local expenses. Not included are local charges which are owed by the guest himself according to the respective local law, such as visitor's ta x. In the event of changes to the statutory turnover tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with con sumers, this shall only apply if the period between conclusion of the contract and performance of the contract exceeds four months.
4. Unless other terms of payment have been expressly agreed, the hotel's invoices shall be due for payment immediately upon receipt of the invoice without any deductions. The hotel shall be entitled to call in accrued claims at any time and to demand immediate payment. In the event of default in payment, the hotel shall be entitled to charge interest on arrears at a rate of 10 % above the base rate for companies and 5% above the base rate for consumers. In addition, the hotel may charge a fee of 5 euros per reminder in the event of default. The hotel reserves the right to prove higher damages.
5. T he hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, if necessary taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates may be agreed in text form in the contract.
6. The hotel shall also be entitled to demand a reasonable advance payment or security deposit (e.g. credit card guarantee, deposit) from the customer at the beginning of and during the stay for existing and fu ture claims arising from the contract, insofar as such a payment has not already been made in accordance with clause 5 above.
7. The customer may only offset or reduce a claim of the hotel with an undisputed or legally enforceable claim.
IV. Withdrawal by the Customer (i.e. cancellation), non utilization of the Hotel's services
1. the customer may unilaterally withdraw from the contract concluded with the hotel only if a right of withdrawal has been expressly agreed in the contract or if a statutory right of withdrawal or termination exists.
2. If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract in text form up to that date without triggering payment or damag e compensation claims by the hotel. The customer's right of withdrawal shall expire if he does not exercise his right of withdrawal vis à vis the hotel by the agreed date, unless a case of withdrawal by the customer pursuant to number 1 sentence 3 exists.
3. I f a right of withdrawal has not been agreed or has already expired and there is also no statutory right of withdrawal or termination, the hotel shall retain the claim to the agreed remuneration despite the non utilization of the service. The hotel sha ll take into account the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not let to other parties, the hotel may make a flat rate deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast as well as for package arrangements with third party services, 70% for half board and 60% for full board arrangements. The customer is at liberty to prove that the afor ementioned claim did not arise or did not arise in the amount demanded.
V. Cancellation by the hotel
1. If the customer's right to withdraw from the contract free of charge within a certain period of time has been agreed upon, the hotel shall also be e ntitled to withdraw from the contract within this period of time if other customers inquire about the contractually reserved rooms and the customer does not waive his right to withdraw from the contract upon inquiry by the hotel within a reasonable period of time. This shall apply accordingly if an option is granted, if other enquiries exist and the customer is not prepared to make a firm booking upon enquiry by the hotel with a reasonable period of notice.
2. I f an advance payment or security deposit agreed upon or charged in accordance with clause III. No. 5 or/and 6. is not made in due time, the hotel shall also be entitled to withdraw from the contract.
3. Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
- rooms or rooms are culpably booked with mislead ing or false information or concealment of material facts; material facts may be the identity of the customer, the ability to pay or the purpose of the stay;
- the hotel has reasonable grounds to assume that the use of the hotel service may jeopardize the smooth operation of the business, the security or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organisation;
- there is a breach of clause II. 2. above;
- the purpose or reason for the stay is u nlawful;
4. I n the event of justified withdrawal by the hotel, the customer shall have no claim to compensation. Should the hotel have a claim for damages against the customer in the event of a withdrawal pursuant to Clause V. 2. or V. 3. above, the hotel may charge a lump sum payment for such damages. Section IV. 3. shall apply accordingly in this case.
VI. Provision, handover and return of rooms
1. The customer shall not be entitled to the provision of specific rooms unless otherwise agreed in text form.
2. Booked rooms are available to the customer from 3 p.m. on the agreed day of arrival. The customer has no right to earlier availability.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12 noon at t he latest. After this time, the hotel may charge 50% of the full accommodation price (price according to the price list) for late vacating of the room for use in excess of the contract until 6:00 p.m., and 90% after 6:00 p.m.. Contractual claims of the cus tomer are not justified by this. The customer shall be at liberty to prove that the hotel has not incurred any or a significantly lower claim to a usage fee.
VII. Liability of the Hotel
1. Should disruptions or defects in the hotel's services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy th e disruption and minimize any possible damage. If the customer culpably fails to notify the hotel of a defect without delay, a claim for reduction of the agreed remuneration shall be excluded.
2. The hotel shall be liable for damages for which it is resp onsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by t he hotel. Typical contractual obligations are those obligations that make the proper performance of the contract possible in the first place and on the performance of which the customer relies and may rely. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages shall be excluded unless otherwise provided for in this Section VII.
7. The hotel shall be liable for items brought into the hotel in accordance with the statutory pro visions. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage a greement with the hotel.
8. Insofar as a parking space is made available to the customer in the hotel garage or in a hotel car park, even for a fee, this shall not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel's property or their contents, except in cases of intent or gross negligence. Points 1 to 5 above shall apply accordingly.
9. Wake up calls shall be carried out by the hotel with the utmost care. Messages, mail and consignments of goods for the guests shall be handled with care. The hotel shall be responsible for the delivery, safekeeping and, if requested, forwarding of the same against payment. Point 2 above shall apply accordingly.
10. Allergies/food i ntolerances: The customer is obliged to inform the hotel of any allergies and food intolerances of his person as well as of his accompanying guests, stating the name and the allergies/food intolerances. If this is not done, the hotel shall not be liable fo r damages to the injured parties, or the customer shall be obliged to indemnify the hotel against any liability, unless the hotel is at fault.
VIII. Final Provisions
1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation shall be made in text form. Unilateral amendments or supplements by the customer shall be invalid.
2. The place of performance and payment shall be the registered office of the hotel.
3. The exclusive place o f jurisdiction also for cheque and bill of exchange disputes in commercial transactions shall be the registered office of the hotel. If a contracting party fulfils the prerequisite of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has n o 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 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 shall apply.
6. I n accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out of court settlement of consumer disputes (" ODR platform"): http://ec.europa.eu/consumers/odr/ odr/. However, the hotel does not participate in dis pute resolution proceedings before consumer arbitration boards.
WPHG Düsseldorf Operating GmbH, handelnd unter der Bezeichnung "Breidenbacher Hof", Königsallee 11, 40212 Düsseldorf