concerning the rental of rooms in the Hotel GEORGES in Essen
Scope of Application
These Terms and Conditions apply to contracts about the rental of hotel rooms for accommodation as well as to all services and deliveries, which the Hotel GEORGES (in the following called “hotel”) provides to the customer.
Conclusion of Contract, Prices, Payments, Set-off
The contract shall be concluded by the hotel’s acceptance (confirmation) of the customer’s booking of a room.
The parties to the contract are the hotel and the customer. If a third party has placed the order on behalf of the customer, then that party together with the customer, as joint and several debtors, shall be liable towards the hotel for any obligations arising from the hotel accommodation contract, provided that the hotel is in possession of an appropriate declaration of the third party.
The hotel is liable for its obligations arising from the contract. In areas other than the typical provision-of-services category, liability of the hotel is limited to intent and gross negligence.
The statutory period of limitation for any claims by the customer shall be 6 months.
In favour of the hotel, this limitation of liability and short statutory period of limitation apply even in relation to violations of obligations during the initiation of the contract and in relation to “positive Vertragsverletzung” (special breach of contract, other than delay or impossibility).
If the booking confirmation does not comply with the contents of the application, then the contents of the booking confirmation shall become the contents of the contract, unless the guest objects to it without delay or, at the latest, when the services are accepted.
Services, Prices, Payments, Set-off
The contractual services rendered by the hotel arise from the agreements made.
The hotel is obliged to hold the room booked by the customer ready and render the agreed services.
The customer is obliged to pay to the hotel the prices valid or agreed upon for the accommodation and for any further services the customer has made use of. This applies also to the hotel’s services and expenses to third parties, which were caused by the customer.
The agreed prices include the respective value added tax as required by law. If the period between conclusion of the contract and performance of the contract exceeds 4 months, and if the price generally charged by the hotel for such services increases, then the hotel may raise the contractually agreed price to a reasonable extent, but not, however, by more than 10%.
If the rate of the applicable value added tax changes during the duration of the contract, the hotel is entitled to adjust the prices.
Furthermore, the hotel may change the prices, if the customer subsequently wishes the number of the booked rooms, the services of the hotel or the duration of the guests’ stay to be changed and if the hotel agrees with these changes.
Subject to separate agreements, payment for bookings is due upon arrival, or otherwise at the departure of the guest.
In case of a length of stay of more than 3 days, the hotel may produce an interim bill.
Bills produced by the hotel without a payment date are due and payable immediately, without any deduction. The hotel is entitled to make accumulated claims due and payable at call and demand immediate payment. In case of default in payment, the hotel is entitled to charge interest of 4% above the respective bank rate of the German Federal Bank. The customer reserves the right to prove a smaller amount of damages, and the hotel reserves the right to prove a larger amount of damages.
If the customer is in default of payment, the hotel may cancel the agreement with immediate effect. The hotel reserves the right to make a claim for further losses, in particular a claim for the loss of letting the room(s) to another customer.
Upon conclusion of the contract or later, the hotel is entitled to demand a reasonable advance payment or security payment for all-inclusive tours, the legal provisions being taken into consideration. The amount of the advance payment as well as the dates of payment may be agreed upon in the contract, in writing.
If a customer breaks his/her stay up prematurely, the customer is still liable to pay the outstanding charges, less any expenses saved by the hotel, unless the customer proves that the hotel has failed to reasonably let the room(s) to another customer.
If the guest, for whatever reason, does not make use of a breakfast, he/she has no claim, neither for full or proportionate repayment nor for reduction of the price.
The customer may set-off or reduce a claim by the hotel only with a claim, which is undisputed or legally valid.
Cancellation by the Customer (Withdrawal, Annulment)
The customer’s cancellation of the contract concluded with the hotel requires the hotel’s written consent. If this is not given, then the contractually agreed price is to be paid, even if the customer does not avail himself/herself of the contractual services. This shall not apply to cases of default by the hotel or where the hotel is responsible for the impossibility of the performance of services.
In the event that the hotel and the customer agreed in writing upon a date of cancellation of the contract, the customer may cancel the contract by that date, without meeting any claims by the hotel for payment or damages. The customer’s right of cancellation ceases, if by the agreed date he/she does not exercise his/her right of cancellation by notifying the hotel in written form, provided it is not a case of default by the hotel or a case where the hotel is responsible for the impossibility of performance of services.
The aforementioned provisions concerning compensation apply accordingly, if the guest does not make use of the reserved room or booked services, without informing the hotel accordingly in good time.
With regards to rooms, which the customer did not make use of, the hotel has to take into account those payments, which are received from letting these rooms to other customers, as well as the expenses saved. If the rooms are not let to other customers, then the hotel may demand the contractually agreed price and deduct a lump sum for expenses saved by the hotel. In that case, the customer is obliged to pay for accommodation overnight with or without breakfast, at least 90% of the agreed price. The customer is free to furnish proof that the aforementioned claim was not created or that the damages are lower than the amount claimed.
Cancellation by the Hotel
If an agreed advance payment is not even paid after expiry of an appropriate final deadline set by the hotel threatening rejection, then the hotel is also entitled to cancel the contract.
Moreover, the hotel is entitled to effect extraordinary cancellation of the contract for a factually justified reason, e.g.
if an Act of God or other circumstances, which the hotel is not responsible for, make it impossible to perform the contract;
if rooms are reserved with misleading or false information about material facts, such as the identity of the person or the purpose
if the hotel has justified reason to believe that the use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or its reputation, without being attributable to the hotel’s sphere of control or organization
if there is a violation of the above scope of application under paragraph 2.
The hotel has to inform the customer about the cancellation of the contract, without delay.
If cancellation of the contract by the hotel is justified, then the customer has no claim for compensation of damages.
Room Availability, Delivery and Return
Reserved rooms are available to the customer from 14.oo hrs (2.00 p.m.) of the agreed date of arrival. The customer does not have the right to earlier availability of rooms.
The rooms must be vacated and made available to the hotel no later than 12.00 hrs on the agreed date of departure. After this time, the hotel may on the grounds of additional use of the room until 18.00 hrs (6.00 p.m.), charge 50% and after 18.00 hrs (6.00 p.m.) 100% of the full accommodation rate (list price). The customer is free to prove to the hotel that it sustained no or considerably less losses.
Liability of the Hotel
The hotel is liable for due diligence of a responsible businessman. In areas other than the typical provision-of-services category, such liability is, however, limited to deficiencies in the service sector, damages, consequential losses or disturbances, which are attributed to intent or gross negligence of the hotel. In the case of disturbances or deficiencies in the service sector, the hotel will endeavour to provide relief, as soon as the hotel becomes aware of them or upon the customer’s prompt complaint. The customer is obliged to undertake actions reasonable for him to eliminate the disturbance and keep any possible damage to a minimum.
No liability is assumed for personal belongings.
As for the unlimited liability of the hotel, the legal provisions apply.
Where a parking space is provided to the customer in the hotel garage, this does not constitute a contract of safekeeping. The hotel assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the property of the hotel, nor for the contents in such vehicles. This also applies to the hotel’s "Erfüllungsgehilfen" (persons employed in performing an obligation for whom the principal is liable).
Messages, mail and deliveries of goods for guests are treated with due care. The hotel will deliver, hold and for a fee, forward such items, if requested. Any claims for damages, other than those due to gross negligence or intent, are excluded.
Amendments or supplements to the contract, the acceptance of applications or these General Terms and Conditions for accommodation in the hotel must be made in writing. Any unilateral changes or supplements by the customer are not valid.
Place of performance and payment is the location of the hotel’s registered office.
The courts at the location of the hotel’s registered office shall have exclusive jurisdiction in commercial transactions – also in case of a dispute based on a cheque or bill of exchange.
Insofar as a party to the contract fulfils the contents of § 38 section 1 ZPO (Zivilprozeßordnug – German Code of Civil Procedure) and has no place of general jurisdiction within the country, the location of the hotel’s registered office shall be the place of jurisdiction.
German law applies.
The right to correct mistakes as well as misprints and arithmetical errors is reserved.
Should individual provisions of these General Terms and Conditions for a guest’s accommodation in the hotel be or become invalid or void, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall also apply.