- Scope
1.1
These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). They do not apply to package tours within the meaning of § 651a BGB. The term "hotel accommodation contract" includes and replaces the following terms: Accommodation contract, guest reception contract, hotel contract, hotel room contract.
1.2
The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby the right of termination pursuant to Section 540 (1) Sentence 2 BGB is waived.
1.3
The customer's general terms and conditions shall only apply if this has been expressly agreed in text form.
2. conclusion of contract, -partner
Contractual partners are the Hotel zum Löwen, Birgit Fleischmann-Müssig e. K.,
Marktplatz 3, 97828 Marktheidenfeld, Germany, Local Court: Gemünden am Main, Commercial Register: 09677157 (hereinafter "Hotel") and the booking customer of the Hotel (hereinafter "Customer"). The contract is concluded by the Hotel's acceptance of the Customer's application. In case of booking via the hotel's own homepage, the contract is concluded by clicking the button "BINDING BOOKING".
3. services, prices, payment, set-off
3.1
The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
3.2
The customer is obligated to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by the customer. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel.
3.3
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 according to the respective local law, such as visitor's tax.
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.
3.4
If payment on account has been agreed, payment shall be made within ten days of receipt of the invoice without deduction, unless otherwise agreed.
3.5
The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in text form in the contract. In the event of default of payment by the customer, the statutory provisions shall apply.
3.6
In justified cases, for example payment arrears on the part of the customer or expansion of the scope of the contract, the hotel is entitled, even after conclusion of the contract until the beginning of the stay, to demand an advance payment or security deposit in the sense of the above section 3.5 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.7
The hotel is further entitled to demand from the customer a reasonable advance payment or security deposit within the meaning of clause 3.5 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 3.5 and/or clause 3.6 above.
3.8
The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.
3.9
The customer agrees that the invoice can be sent to him electronically.
4. withdrawal/termination ("cancellation") of the customer
Non-utilization of the hotel's service ("No Show")
4.1
Unilateral cancellation by the customer of the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract or a statutory right of withdrawal or termination exists.
4.2
If the hotel and the customer have agreed on a date for the cost-free withdrawal from the contract, the customer may withdraw from the contract until then without triggering payment or damage claims by the hotel. The customer's right to withdraw from the contract expires if he does not exercise this right in text form vis-à-vis the hotel by the agreed date.
4.3
If 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 retains the claim to the agreed remuneration despite the non-utilization of the service. The hotel shall credit the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay 80% of the contractually agreed price for overnight accommodation with or without breakfast. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.
5. withdrawal of the hotel
5.1
If it was agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is entitled for its part to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel with a reasonable deadline. This applies accordingly in the case of granting an option, if other inquiries exist and the customer is not prepared to make a firm booking upon inquiry by the hotel with a reasonable deadline.
5.2
If an advance payment or security deposit agreed or demanded pursuant to Section 3.5 and/or Section 3.6 is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
5.3
Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons, in particular if
-
- force majeure or other circumstances beyond the control of the hotel make it impossible to fulfill the contract;
- rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material may be the identity of the customer, the ability to pay or the purpose of the stay;
- the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization;
- the purpose or reason for the stay is unlawful;
- there is a violation of the above-mentioned clause 1.2.
5.4
The justified withdrawal of the hotel does not justify a claim for damages by the customer. Should the hotel have a claim for damages against the customer in the event of a withdrawal in accordance with Clause 5.2 or 5.3 above, the hotel may make a lump-sum payment for such damages. Clause 4.3 shall apply accordingly in this case.
6. room provision, handing over and return
6.1
The customer does not acquire any right to the provision of certain rooms, unless this has been expressly agreed in text form.
6.2
Booked rooms are available to the customer from 16:00 on the agreed day of arrival. The customer has no right to earlier provision.
6.3
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 (price according to the price list) due to the late vacating of the room for its use in excess of the contract until 2:00 p.m., from 2:00 p.m. 90%. Contractual claims of the customer are not justified by this. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.
7. liability of the hotel
7.1
The hotel is liable for damages resulting from injury to life, body or health for which it is responsible. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations of the hotel. Typical contractual obligations are those obligations that make the proper performance of the contract possible in the first place and on the fulfillment 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 are excluded, unless otherwise provided for in this clause 7. In the event of disruptions or deficiencies in the hotel's services, 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 the disruption and to keep any possible damage to a minimum.
7.2
The hotel is liable to the customer for brought-in items in accordance with the statutory provisions. 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 EUR or other items with a value of more than 3,500 EUR, this requires a separate storage agreement with the hotel.
7.3
Insofar as a parking space is made available to the customer in the hotel garage or in the hotel parking lot, even for a fee, this shall not constitute a safekeeping contract. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel's property and their contents, the hotel shall be liable only in accordance with the above Section 7.1, sentences 1 to 4.
7.4
Wake-up orders are carried out by the hotel with the utmost care. Messages for the customers will be handled with care. Upon prior agreement with the customer, the hotel may accept, store and - upon request - forward mail and merchandise shipments for a fee. The hotel shall only be liable in this respect in accordance with the above section 7.1, sentences 1 to 4.
8. final provisions
8.1
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 are invalid.
8.2
If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction is Marktheidenfeld. However, the hotel may also sue the customer at the customer's place of business. The same applies in each case to customers who do not fall under sentence 1 if they do not have their registered office or place of residence in a member state of the EU.
8.3
German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
8.4
In accordance with the legal obligation, the Hotel points out that the European Union has established an online platform for the out-of-court settlement of consumer disputes ("ODR platform"): http://ec.europa.eu/consumers/odr/
However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.