General Terms and Conditions (GTC) for the Hotel Accommodation Contract at Hotel Panorama
I. Scope of Application
(1) These terms and conditions apply to contracts for the rental of hotel rooms for lodging purposes, as well as all other services and deliveries provided by the hotel for the customer.
2) The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation shall require the prior written consent of the hotel, whereby Section 540 (1) Sentence 2 of the German Civil Code (BGB) shall be waived insofar as the customer is not a consumer.
3. the customer’s terms and conditions shall only apply if this has been expressly agreed in writing in advance.
II Conclusion of Contract, Contractual Partner, Statute of Limitations
(1) The contract is concluded by the hotel’s acceptance of the customer’s application. The hotel shall be free to confirm the room reservation in writing.
The contracting parties are the hotel and the customer. If a third party has placed an order on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
All claims against the hotel shall become statute-barred after one year from the beginning of the regular statute of limitations according to § 199 para. 1 BGB (German Civil Code). Claims for damages shall become statute-barred after five years, irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III Services, Prices, Payment, Offsetting
(1) The hotel is obligated to keep the rooms booked by the customer available and to provide the agreed services.
The customer is obligated to pay the prices of the hotel applicable or agreed upon for the provision of the rooms and the other services used by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer.
The agreed prices include the respective statutory value-added tax. 4.
4. the prices may be changed by the hotel if the customer subsequently requests changes in the number of rooms booked, the hotel’s services or the guests’ length of stay and the hotel agrees to such changes.
5. invoices of the hotel without due date are payable within 10 days from receipt of the invoice without deduction. The hotel is entitled to call in accrued receivables at any time and to demand immediate payment. In the event of late payment, the Hotel shall be entitled to charge the applicable statutory interest on arrears, currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove higher damages. 6.
6. the hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
7. the customer can only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
8. the hotel reserves the right to pre-authenticate credit cards before arrival.
IV. Withdrawal of the customer (i. e. cancellation) and non-utilization of the hotel’s services.
1. withdrawal of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this does not take place, the agreed price from the contract is to be paid even if the customer does not use contractual services. This does not apply in the event of a breach of the hotel’s obligation to consider the rights, legal assets and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result, or if the customer is entitled to any other statutory or contractual right of rescission.
2. if the hotel and the customer have agreed in writing 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 hotel. The customer’s right to withdraw from the contract expires if he does not exercise his right to withdraw from the contract in writing to the hotel by the agreed date, unless there is a case of withdrawal by the customer according to number 1 sentence 3.
3. in the case of rooms not used by the customer, the hotel shall credit the income from renting the rooms to other parties as well as the saved expenses.
The hotel is free to demand the contractually agreed remuneration and to make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay at least 80% of the contractually agreed price for overnight accommodation with or without breakfast. The customer is free to prove that the above claim has not arisen or has not arisen in the amount claimed.
V. Withdrawal of the hotel
1. if the customer’s right to withdraw from the contract free of charge within a certain period of time has been agreed upon in writing, the hotel is entitled for its part to withdraw from the contract within this period of time if there are requests from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel.
2. if an agreed advance payment or an advance payment demanded above pursuant to clause III No. 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.
Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if
– force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
– rooms are booked under misleading or false information of essential facts, e.g. in the person of the customer or the purpose;
– the hotel has reasonable grounds to believe that the use of the hotel 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;
– there is a violation of clause I No. 2 above.
4. in the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.
VI. room provision, handover and return
(1) The customer has no claim to the provision of specific rooms.
2. booked rooms are available to the customer from 2:00 p.m. on the agreed day of arrival. The customer has no right to earlier provision.
On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for late vacating of the room for its use in excess of the contract until 6:00 p.m., and 100% from 6:00 p.m. onwards. 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.
VII Liability of the Hotel
1. the hotel is liable with the diligence of a prudent businessman for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, other damages resulting from an intentional or grossly negligent breach of duty by the hotel and damages resulting from an intentional or negligent breach of typical contractual duties by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. 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 he can reasonably be expected to do in order to remedy the disruption and minimize any possible damage.
The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of € 3,500, and for money, securities and valuables up to € 800. Money, securities and valuables can be stored in the hotel safe up to € 20,000. The hotel recommends to make use of this possibility. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of loss, destruction or damage (§ 703 BGB). For any further liability of the hotel, the above number 1 sentences 2 to 4 shall apply accordingly.
Insofar as a parking space is made available to the customer in a hotel parking lot, even for a fee, this does not constitute a safekeeping contract. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel’s property and their contents, except in cases of intent or gross negligence. Number 1 sentences 2 to 4 above shall apply accordingly. 4.
(4) Wake-up calls shall be carried out by the hotel with the utmost care.
Messages, mail and merchandise shipments for guests will be handled with care. The Hotel shall take care of delivery, safekeeping and – upon request – forwarding of the same against payment. The above number 1 sentences 2 to 4 shall apply accordingly.
VIII Final Provisions
1. changes or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation shall be made in writing. Unilateral changes or additions by the customer are invalid.
2. place of performance and payment is the registered office of the hotel.
The exclusive place of jurisdiction – also for disputes regarding checks and bills of exchange – in commercial transactions shall be the registered office of the hotel. If a contracting party meets the requirements of § 38 para. 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the Conflict of Laws shall be excluded.
5. should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.