General Terms and Conditions (GTC)
1 SCOPE OF APPLICATION
a. These General Terms and Conditions (GTC) apply to all services provided by the hotelier to the guest, the organiser and other contractual partners (hereinafter referred to as «contractual partner» or «customer»). The hotelier is all the operating companies of City Hotel Storch GmbH and their subsidiaries. The services consist, in particular, in the granting of use of hotel rooms and other premises for a fee, e.g. for breakfast, the sale of food and beverages (F&B), the organisation of cultural and sporting events and other programmes, the implementation of special health-promoting measures or comparable offers, as well as for all other related services and deliveries. The hotelier is entitled to have its services performed by third parties.
b. These GTC apply to all types of contracts such as hotel accommodation, package tour, contingent or event contracts that are concluded. The GTC shall also apply to all future transactions with the contractual partner.
c. The GTC of the contractual partner shall not apply, even if they are not expressly contradicted. Counter-confirmations of the contractual partner with reference to its GTC are hereby contradicted.
2 CONCLUSION OF CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD
a. The contracting parties are the hotelier and the customer/guest. The contract is concluded by the hotelier’s acceptance of the customer’s application. The hotelier is free to confirm the room booking in text form. If a third party makes the booking on behalf of the guest, he shall be liable to the hotel as the orderer together with the guest as joint and several debtors for all obligations arising from the contract, provided that the hotel has received a corresponding declaration from the orderer. Irrespective of this, each ordering party is obliged to pass on to the guest all information relevant to the booking, in particular these General Terms and Conditions.
b. All claims against the hotelier are generally subject to a limitation period of one year from the statutory commencement of the limitation period. This does not apply to claims for damages and other claims, insofar as the latter are based on an intentional or grossly negligent breach of duty by the hotelier.
3 SERVICES, PRICES, PAYMENT, OFFSETTING
a. The hotelier is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
b. The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation shall require the hotelier’s prior consent in text form, whereby Section 540, paragraph 1, sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
c. The customer is obliged to pay the hotelier’s agreed or applicable prices for the provision of the room and the other services used by him. This also applies to services ordered by the customer directly or via the hotelier, which are provided by third parties and paid for by the hotelier.
d. The agreed prices include the taxes and local charges applicable at the time of the conclusion of the contract. Not included are local taxes which are owed by the guest himself according to the respective local law, e.g. visitor’s tax.
e. In the event of a change in the statutory value added 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 consumers, this shall only apply if the period between conclusion and performance of the contract exceeds four months.
f. The hotelier may make his consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotelier’s services or the customer’s length of stay conditional on an increase in the price for the rooms and/or for the hotelier’s other services.
g. Invoices of the hotelier without a due date are payable without deduction within ten days of receipt of the invoice. The hotelier may demand immediate payment of due receivables from the customer at any time. In the event of default of payment by the customer, the statutory provisions shall apply. The hotel The hotelier reserves the right to prove higher damages.
h. The hotelier is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, e.g. in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in text form in the contract. The statutory provisions shall remain unaffected in the case of advance payments or security deposits for package tours. In the event of default of payment by the customer, the statutory provisions shall apply.
i. In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotelier shall be entitled, even after conclusion of the contract until the start of the stay, to demand an advance payment or security deposit within the meaning of clause 3.h. above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration. above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
j. The hotelier is also entitled to demand from the customer a reasonable advance payment or security deposit within the meaning of clause 3.h. above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such a payment has not already been made in accordance with clause 3.h. and/or clause 3.i. above.
k. The customer may only set off or offset an undisputed or legally binding claim against a claim of the hotelier.
4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION) / NON-UTILISATION OF THE HOTELIER’S SERVICES (COMPENSATION FOR DAMAGES)
a. The customer may only withdraw from the contract concluded with the hotelier if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists or if the hotelier expressly consents to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form in each case.
b. If the hotelier and the customer have agreed on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without triggering payment or damage compensation claims by the hotelier. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotelier by the agreed date.
c. If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the hotelier does not agree to a cancellation of the contract, the hotelier shall retain the claim to the agreed remuneration despite the non-utilisation of the service. The hotelier shall 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 hotelier may make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 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 aforementioned claim did not arise or did not arise in the amount demanded.
d. If the hotelier’s obligation to perform consists, in addition to the provision of board and lodging, in the organisation of a leisure programme as a paid service, this shall constitute a so-called package tour contract. The contractual partner may not assert any claims due to changes, deviations or reductions of individual services within the scope of a package travel contract which become necessary after conclusion of the contract if they are merely insignificant. In the case of mediated services (not a package tour), the hotelier shall not be liable for the provision of services by third-party service providers or transport companies, but only for the proper mediation of the travel service and for the proper forwarding of the service provider’s information to the participant. In the case of a package tour, the hotelier’s liability for damages other than bodily injury shall be limited to three times the tour price, insofar as damage to the contracting party was caused neither intentionally nor by gross negligence or insofar as the hotelier is responsible for damage incurred by the contracting party solely due to the fault of a service provider.
5 WITHDRAWAL OF THE HOTELIER
a. Insofar as it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotelier shall be entitled for his part to withdraw from the contract during this period if there are enquiries from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon enquiry by the hotelier with a reasonable deadline.
b. In accordance with the statutory regulations, the hotelier is entitled to withdraw from the contract (§ 323 BGB) or to terminate the contract (§ 314) if
– the contracting party fails to perform a due service,
– the performance of the contract is impossible due to force majeure, strike or other circumstances for which the hotelier is not responsible,
– the contract partner provides misleading or false information about essential data; essential data may be the identity of the customer, the ability to pay or the purpose of the stay,
– the contract partner uses the hotelier’s name in advertising without prior written consent,
– rooms which are the subject matter of the contract are sublet in whole or in part without the hotelier’s written consent,
– the hotelier has reasonable grounds to assume that the use of the hotel service may jeopardise the smooth running of the business, the safety or the reputation of the hotelier in public,
– the purpose or reason of the stay is unlawful.
The hotelier shall notify the contract partner in writing of the exercise of the withdrawal/cancellation without delay, at the latest within 7 days after the reason has become known. The cancellation of the contract by the hotelier shall not give rise to any claims by the contract partner for damages or other compensation. A claim by the hotelier for compensation for any damage incurred by it and for expenses incurred by it shall remain unaffected in the event of justified termination of the contract.
6 ROOM PROVISION, HANDOVER AND RETURN
a. The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed.
b. Booked rooms are available to the customer from 13:00 on the agreed day of arrival. The customer has no right to earlier availability. By arrangement and subject to availability, the customer may move into the booked room before 1 pm. Booked rooms are to be occupied by the guest by 6:00 p.m. of the agreed day of arrival at the latest. Unless a later arrival time has been expressly agreed, the hotel has the right to assign booked rooms to other guests after 6 p.m. without the guest being able to derive any claims for compensation from this. In this respect, the hotel has a right of withdrawal.
c. On the agreed day of departure, the rooms must be vacated and made available to the hotelier by 11:00 a.m. at the latest. Upon request and depending on availability, the guest may extend the stay by 1 hour. After this time, the hotelier may charge 50% of the full accommodation price (list price) due to the late vacating of the room for its use in excess of the contract until 6:00 p.m., and 90% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotelier has no or a significantly lower claim to a usage fee.
7 LIABILITY OF THE HOTELIER
a. The hotelier shall be liable for damages for which he is responsible arising from injury to life, body or health. Furthermore, the hotelier is liable for other damages which are based on an intentional or grossly negligent breach of duty by the hotelier or on an intentional or negligent breach of typical contractual duties by the hotelier.
obligations of the hotelier. A breach of duty by the hotelier is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise provided for in this clause 8. In the event of disruptions or defects in the hotelier’s services, the hotelier shall endeavour to remedy the situation upon becoming aware of the same or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to him in order to remedy the disruption and to keep any possible damage to a minimum.
b. Wake-up calls will be carried out by the hotelier with the utmost care.
Messages, mail and consignments of goods for the guests will be handled with care. The hotelier shall undertake the delivery, safekeeping and – on request – forwarding of the same against payment. The hotelier shall only be liable in this respect in accordance with the above clause 8, sentences 1 to 4.
8 FINAL PROVISIONS
a. Should individual provisions of these General Terms and Conditions 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.
b. Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements by the customer shall be invalid.
c. The place of performance and payment for both parties shall be the registered office of the respective hotel company.
d. 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.
e. With the exception of private end consumers, Berlin is agreed as the exclusive place of jurisdiction for all claims arising from or on the basis of the respective contract. If a contracting party has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel. However, the hotel shall be entitled to bring legal actions and other legal proceedings also at the guest’s general place of jurisdiction.
9 ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO ART. 14 ABS. 1 ODR-VO AND § 36 VSB
a. The EU’s ODR platform for out-of-court online dispute resolution can be accessed at the following link: http://ec.europa.eu/consumers/odr/. Our e-mail address is: email@example.com
b. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and are generally not prepared to do so.