General terms and conditions for the hotel accommodation contract
1. Scope of Application
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all additional services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" encompasses and replaces the following terms: accommodation, guest reception, hotel, hotel room contract.
1.2 Subletting or further rental of the provided rooms, as well as their use for purposes other than accommodation, require the prior written consent of the hotel, whereby Section 540 (1) Sentence 2 of the German Civil Code (BGB) is waived, unless the customer is not a consumer.
1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed upon in advance.
2. Conclusion of Contract, Contractual Partners, Statute of Limitations
2.1 The contractual partners are Hotel Platte and the customer. The contract is concluded by the acceptance of the customer's offer by the hotel. Hotel Platte is free to confirm the room reservation in written form.
2.2 All claims against Hotel Platte generally expire within one year from the start of the statutory limitation period. Claims for damages expire within five years from the date of knowledge, unless they are based on an infringement of life, body, health, or freedom. These claims for damages expire within ten years regardless of knowledge. The shortening of the limitation periods does not apply to claims arising from intentional or grossly negligent breaches of duty by the hotel.
3. Services, Prices, Payment, Offset
3.1 Hotel Platte is obligated to provide the rooms booked by the customer and render the agreed-upon services.
3.2 The customer is obliged to pay the prices agreed upon or applicable for the provision of rooms and the additional services utilized by them at Hotel Platte. This also applies to services directly requested by the customer or arranged through Hotel Platte, which are provided by third parties and are incurred by the hotel.
3.3 The agreed prices include the taxes and local fees in effect at the time of contract conclusion. Excluded are local fees that are payable by the guest according to the respective local law, such as city tax.
If there is a change in the statutory value-added tax or the introduction, modification, or abolition of local fees related to the subject of performance after the conclusion of the contract, the prices will be adjusted accordingly. This applies to contracts with consumers only if the period between contract conclusion and fulfillment exceeds four months.
3.4 Hotel Platte may make its consent to a requested subsequent reduction in the number of booked rooms, hotel services, or the customer's length of stay conditional upon an increase in the price for the rooms and/or other hotel services.
3.5 Invoices from the hotel without a due date are payable within ten days of receipt of the invoice without deductions. The hotel may demand immediate payment of due claims from the customer at any time. In case of payment default, the hotel is entitled to demand the currently applicable legal default interest rates of 8%, or in legal transactions involving a consumer, 5% above the base rate. The hotel reserves the right to demonstrate higher damages.
3.6 Hotel Platte is entitled to demand an appropriate advance payment or security deposit from the customer upon contract conclusion, for instance in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed upon in written form within the contract. For advance payments or security deposits for package tours, the legal regulations remain unaffected.
3.7 In justified cases, such as customer payment default or expansion of the scope of the contract, Hotel Platte is entitled to demand an advance payment or security deposit according to Clause 3.6 or an increase in the agreed-upon advance payment or security deposit up to the full agreed compensation even after contract conclusion, up to the beginning of the stay.
3.8 Furthermore, Hotel Platte is entitled to demand an appropriate advance payment or security deposit from the customer at the start and during the stay for existing and future claims arising from the contract, to the extent that such has not already been made according to Clauses 3.6 and/or 3.7.
3.9 The customer may only offset or set off with an undisputed or legally established claim against a claim of the hotel.
4. Customer's Cancellation (Cancellation, Termination) / Non-Utilization of Hotel Services (No Show)
4.1 A cancellation by the customer of the contract concluded with the hotel is only possible if a right of cancellation has been explicitly agreed upon in the contract, if there is another statutory right of cancellation, or if the hotel expressly agrees to a contract termination. The agreement on a right of cancellation and any consent to a contract termination should each be in written form.
4.2 If a date for free cancellation of the contract has been agreed upon between the hotel and the customer, the customer can cancel the contract until that date without triggering payment or compensation claims from the hotel. The customer's right of cancellation expires if they do not exercise their right of cancellation towards the hotel by the agreed-upon date.
4.3 If no right of cancellation has been agreed upon or if it has already expired, and there is also no statutory right of cancellation or termination, and the hotel does not agree to a contract termination, the hotel retains the right to the agreed-upon compensation despite non-utilization of the service. The hotel must credit the income from the alternate rental of the rooms as well as the saved expenses. If the rooms are not rented out in an alternate manner, the hotel may make a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay at least 90% of the contractually agreed price for accommodation with or without breakfast as well as for package arrangements with external services, 70% for half-board, and 60% for full-board arrangements. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise to the required extent.
5. Hotel's Cancellation
5.1 If it has been agreed upon that the customer can cancel the contract free of charge within a certain period, the hotel is also entitled to cancel the contract within this period if inquiries from other customers for the contractually booked rooms exist and the customer, upon inquiry from the hotel with a reasonable deadline, does not waive their right of cancellation.
5.2 If an advance payment or security deposit according to Clause 3.6 and/or Clause 3.7, which has been agreed upon or requested, is not made even after a reasonable grace period set by the hotel has elapsed, the hotel is also entitled to cancel the contract.
5.3 Furthermore, the hotel is entitled to extraordinarily cancel the contract for justified reasons, particularly if:
Force majeure or other circumstances beyond the hotel's control make the fulfillment of the contract impossible;
Rooms or spaces are booked with misleading or false information or essential facts are withheld; essential in this regard can be the customer's identity, solvency, or purpose of stay;
The hotel has a reasonable basis to believe that the utilization of the service could endanger the smooth business operation, security, or reputation of the hotel in the public eye, without this being attributable to the hotel's sphere of control or organization;
The purpose or occasion of the stay is unlawful;
A violation of the aforementioned Clause 1.2 is present.
5.4 The justified cancellation by the hotel does not give rise to a claim for damages by the customer.
6. Room Reservation, Check-In, and Check-Out
6.1 The customer does not acquire a claim to the provision of specific rooms, unless this has been explicitly agreed upon.
6.2 Booked rooms are available to the customer from 3:00 PM on the agreed-upon day of arrival. The customer has no claim to earlier availability.
6.3 On the agreed-upon day of departure, the rooms must be vacated and made available to the hotel by 12:00 PM at the latest. After that, due to the delayed vacating of the room, the hotel can charge 50% of the full room rate (list price) for its use beyond the contract until 6:00 PM, and 90% from 6:00 PM onwards. This does not establish contractual claims of the customer. The customer is free to provide evidence that the hotel incurred no claim for use fee or a significantly lower claim.
7. Hotel's Liability
7.1 The hotel is liable for damages caused by it due to the violation of life, body, or health. Furthermore, it is liable for other damages that are based on intentional or grossly negligent breaches of duty by the hotel, or on intentional or negligent breaches of material contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent.
Further claims for damages are, unless otherwise stipulated in this Clause 7, excluded. In case of disruptions or defects in the hotel's services, the hotel will, upon knowledge or immediate complaint by the customer, strive to provide remedies. The customer is obliged to contribute what is reasonable for him to rectify the disruption and minimize possible damage.
7.2 The hotel is liable to the customer for items brought in according to legal regulations. The hotel recommends the use of the hotel safe or room safe. If the guest wishes to bring in money, securities, or valuables with a value exceeding 800 euros or other items with a value exceeding 3,500 euros, this requires a separate storage agreement with the hotel.
7.3 To the extent that the hotel provides the customer with a parking space in the hotel garage or on the hotel parking lot, even for a fee, this does not establish a contract of safekeeping. In case of loss or damage to motor vehicles parked or maneuvered on the hotel premises and their contents, the hotel is liable only in accordance with the provisions of the aforementioned Clause 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages, mail, and parcels for guests are handled with care. The hotel undertakes the delivery, storage, and - upon request - for a fee, the forwarding of the same. The hotel is liable in this regard only in accordance with the provisions of the aforementioned Clause 7.1, sentences 1 to 4.
8. Final Provisions
8.1 Changes and additions to the contract, the acceptance of offers, or these General Terms and Conditions shall be made in written form. Unilateral changes or additions by the customer are ineffective.
8.2 Place of performance and payment as well as exclusive jurisdiction - including for disputes involving checks and bills of exchange - is Attendorn in commercial transactions. If a contracting party fulfills the requirements of § 38 (2) ZPO and has no general place of jurisdiction within the country, Attendorn, Platte Allee 1 / formerly: Repetalstrasse 219, 57439 Attendorn is considered the place of jurisdiction.
8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of law rules is excluded.
8.4 If individual provisions of these General Terms and Conditions are or become ineffective or void, the effectiveness of the remaining provisions shall not be affected thereby. In all other respects, the statutory provisions apply.