GTC – Lippischer Hof Detmold GmbH & Co.KG
GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
(AGBH 8.0)
1 SCOPE OF APPLICATION
1.1 These terms and conditions shall apply to contracts for the rental
of hotel rooms for accommodation as well as all contracts concluded in this connection for the
services and deliveries provided by the hotel to the customer (hotel accommodation contract). 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 re-letting of the rooms provided as well as the use thereof
use for purposes other than accommodation shall require the prior consent of the
in text form, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived to the extent that the
customer is not a consumer within the meaning of Section 13 BGB.
1.3 The customer’s general terms and conditions of business shall only apply if this is
previously expressly agreed in text form.
2 CONCLUSION OF CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD
2.1 The contracting parties are the hotel and the customer. The contract is concluded by the
acceptance of the customer’s application by the hotel. The hotel shall be entitled to
confirm the room reservation in text form.
2.2 All claims against the hotel shall become statute-barred in principle one year after the
statutory commencement of the limitation period. This shall 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 hotel.
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obligated to hold ready the rooms booked by the customer and
to provide the agreed services.
3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and
the other services used by him. This also applies to services commissioned 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 that 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 turnover tax or the new introduction, change
or abolition of local levies on the object 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 The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, in the hotel’s services or in the customer’s length of stay
the duration of the customer’s stay on condition that the price for
the rooms and/or for the other services of the hotel is increased appropriately.
3.5 Invoices of the hotel are due for payment immediately upon receipt without deduction.
If payment on account has been agreed, payment shall be made – subject to a
agreement – within ten days of receipt of the invoice
without deduction.
3.6 Upon conclusion of the contract, the hotel shall be entitled to demand from the customer an adequate
advance payment or security, for example 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.
3.7 In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract and
up to the start of the stay, to demand an advance payment or provision of security as defined in
3.6 above or to increase the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.8 Furthermore, the hotel shall be entitled to demand from the customer at the beginning of and during the stay
a reasonable advance payment or security deposit within the meaning of clause 3.6 above for existing and future claims arising from the contract,
insofar as such has not already been made in accordance with clause 3.6 and/or
clause 3.7 above.
3.9 The customer may only set off or offset an undisputed or legally enforceable claim against a claim of the hotel.
3.10 The customer agrees that the invoice may be sent
to him electronically.
4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION) /
NON-UTILISATION OF THE HOTEL’S SERVICES (NO SHOW)
4.1 Cancellation by the customer of the contract concluded with the hotel is only permitted
if a right of cancellation has been expressly agreed in the contract, a statutory right of cancellation exists or if the hotel expressly agrees to the cancellation of the contract.
4.2 If a date for withdrawal from the contract free of charge has been agreed between the hotel and the customer,
the customer may withdraw from the contract up to that date without triggering
any claims for payment or damages on the part of the hotel.
4.3 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 hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration
despite non-utilisation of the service. The hotel shall take into account the income from renting the rooms to other parties as well as the expenses saved.
If the rooms are not otherwise let, the hotel may make
a flat-rate deduction for expenses saved. 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 aforementioned claim has not arisen or has not arisen in the required amount.
5 CANCELLATION BY THE HOTEL
5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract during this period if there are enquiries from other customers about the contractually booked rooms and the customer does not renounce his right to withdraw after being asked by the hotel
to do so within a reasonable period of time. This applies
accordingly to the granting of an option if other enquiries exist and
the customer is not prepared to make a firm booking after being asked by the hotel to do so within a reasonable period of time.
5.2 If an advance payment or security deposit agreed or required in accordance with clause 3.6 and/or clause 3.7 is not paid or provided even after expiry 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 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 misleading or false information or
concealment of material facts; the identity of the customer, the ability
to pay or the purpose of the stay may be material in this respect;
– the hotel has reasonable grounds to assume that the use of the service
may jeopardise 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;
– the purpose or reason for the stay is unlawful;
– there is a violation of section 1.2 above.
5.4 The justified withdrawal of the hotel does not justify a claim of the customer for
compensation.
6 ROOM PROVISION, HANDOVER AND RETURN
6.1 The customer does not acquire any entitlement to the provision of specific rooms,
unless this has been expressly agreed in text form.
6.2 Booked rooms are available to the customer from 3:00 pm 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 12:00 noon at the latest. Afterwards, because of the late vacating of the room,
the hotel may charge 50% of the full accommodation price
(price according to price list) for its use beyond 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 hotel has not incurred any or
a significantly lower claim to a usage fee.
7 LIABILITY OF THE HOTEL
7.1 The hotel shall be liable for damages for which it is responsible 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 the 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 are excluded insofar as not otherwise
regulated in this clause 7. In the event of disruptions or defects
in the hotel’s services, the hotel shall endeavour 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 shall be liable to the customer for items brought into the hotel 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 euros or other items with a value of more than 3,500 euros, 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 car park,
even for a fee, this shall not constitute a safekeeping contract. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and their contents, the hotel shall
only be liable in accordance with the above Clause 7.1, Sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the utmost care.
Messages for customers are handled with care. The hotel may,
by prior arrangement with the customer, accept, store and
– on request – forward mail and consignments of goods against payment. 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 additions are invalid.
8.2 The place of performance and payment as well as the exclusive place of jurisdiction – also
for disputes regarding cheques and bills of exchange – in commercial transactions shall be … [please enter place,
optionally the location of the hotel or the registered office of the hotel’s operating
company]. If the customer fulfils the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and
does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be … [please enter location,
optionally the location of the hotel or the location of the hotel’s operating
company].
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 set up 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.
