General Terms and Conditions

Privacy policy     Cancellation conditions

1 Scope

1.1 These terms and conditions apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services and deliveries of the hotel Stahlecker Hof – Lichtenstein (hotel accommodation contract) provided to the customer in this context. The term “hotel accommodation contract” includes and replaces the following terms: Accommodation, guest accommodation, hotel, hotel room contract.

1.2 The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph

1 sentence 2 BGB is waived, unless the customer is a consumer.

1.3 General terms and conditions of the customer shall only apply if this has been expressly agreed in advance.

 

2 CONCLUSION OF CONTRACT, PARTNERS, LIMITATION PERIOD

2.1 The contractual partners are the hotel and the customer. The contract is concluded when the hotel accepts the customer’s application. The hotel is free to confirm the room reservation in text form.

2.2 All claims against the hotel are generally subject to a limitation period of one year from the beginning of the statutory limitation period. This shall not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel.

 

3 OFFSETTING, PAYMENT, PRICES, SERVICES

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 hotel prices for the room rental and any other services used by the customer. This shall also apply to services ordered by the customer directly or through 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 charges which are owed by the guest himself according to the respective local law, such as tourist tax.

In the event of a change in the statutory value-added tax or the introduction, amendment 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 of the contract and performance of the contract exceeds four months.

3.4 The hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel’s services or the customer’s length of stay requested by the customer dependent on an increase in the price of the rooms and/or the hotel’s other services.

3.5 Hotel invoices without a due date are payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. In the event of default of payment by the customer, the statutory provisions shall apply. The hotel reserves the right to prove higher damages.

3.6 Upon conclusion of the contract, the hotel is entitled to demand from the customer a reasonable advance payment or security deposit, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in the contract in text form. The statutory provisions shall remain unaffected in the case of advance payments or security deposits for package tours. In case of default of payment by the customer, the statutory provisions shall apply.

3.7 In justified cases, for example, if the customer is in arrears with payments or if the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract and until the beginning of the stay, to demand an advance payment or security deposit within the meaning of Clause 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.8 The hotel is further entitled to demand from the customer, at the beginning 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 offset or set off an undisputed or legally valid claim against a claim of the hotel.

 

4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION, RESCISSION)

NON-USE OF THE SERVICES OF THE HOTEL (NO SHOW)

4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if another legal right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of rescission and any consent to a cancellation of the contract shall be made in writing.

4.2 Insofar as the hotel and the customer have agreed on a date for free withdrawal from the contract, the customer may withdraw from the contract until that date without incurring payment or damage compensation claims by the hotel. The customer’s right of rescission expires if he does not exercise his right of rescission against the hotel by the agreed date.

4.3 If a right of rescission has not been agreed or has already expired, there is also no statutory right of rescission or cancellation and if the hotel does not agree to a cancellation of the contract, the hotel retains the claim to the agreed remuneration despite not using the service. The hotel shall offset the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented out to other parties, 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 overnight stay 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 free to prove that the aforementioned claim has not arisen or has not arisen in the required amount.

 

5 WITHDRAWAL OF 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 is entitled to withdraw from the contract for its part during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his right to withdraw at the hotel’s request with a reasonable period of notice.

5.2 If an advance payment or security deposit agreed upon or requested in accordance with Clause 3.6 and/or Clause 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to rescind the contract.

5.3 Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if

– rooms or premises are booked culpably under misleading or false information or withholding of essential facts; essential facts may be the identity of the customer, the solvency or the purpose of the stay;

– the hotel has reasonable cause to believe that the use of the service may jeopardize the smooth business operations, safety or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;