General Terms & Conditions
General Terms & Conditions for hotel accommodation contracts of the Hotel am Remspark, Remspark 1, 73525 Schwäbisch Gmünd, Germany, hereinafter referred to as the “Hotel.”
Area of validity
These Terms & Conditions are valid for hotel accommodation contracts and for all services and deliveries rendered by the Hotel.
Conclusion of contract, limitation
Once a booking is made by the guest, a hotel accommodation contract (hereinafter referred to as the “Contract”) is established by means of the corresponding booking confirmation issued by the Hotel. The parties of this Contract are the Hotel and the guest. If a third party should make the booking on behalf of the guest, then he as the ordering party shall be liable to the Hotel alongside the guest as a joint debtor for all obligations resulting from the Contract. This shall apply in cases in which the Hotel has received a corresponding declaration from the ordering party. Regardless of this, every ordering party is obligated to forward all information concerning the booking to the hotel guest along with the General Terms & Conditions. Subletting or any kind of transfer of use to third parties, or use for any purposes other than those of accommodation, is prohibited without the express consent of the Hotel in this regard. In general, claims against the Hotel shall lapse one year after the commencement of the limitation period dependent upon knowledge of Section 199 para. 1 of the German Civil Code (BGB). 1 BGB. Compensation claims shall lapse after three years if the relevant incidents have not been reported. The shortening of the limitation periods shall not apply for cases in which the Hotel has acted in a grossly negligent or deliberate manner.
Prices, services, and payment
The Hotel shall be obligated to provide the rooms booked by the guest, taking into consideration the General Terms & Conditions, and to render the agreed services. The guest shall be obligated to pay the applicable prices according to the price list, or the prices that have been agreed, for the services relating to the handover of the room and the services of which he has made use (main and ancillary services such as use of the telephone, room service, laundry service, additional bed, hotel parking lot, etc.). This shall also apply for services, additional services, and expenses of the Hotel initiated by the guest or the ordering party. The agreed prices are understood to include sales tax at the current applicable rate. If there should be a period of more than four months between the conclusion of the Contract and the fulfillment of the Contract, the Hotel reserves the right to adjust the price by a maximum of 3%. The prices may also be adjusted by the Hotel if the guest makes subsequent changes to the number of rooms booked, the services of the Hotel, or the duration of the stay and the Hotel agrees to these requests.
Due date, security deposit, offsetting
Bills issued by the Hotel are due for payment immediately upon receipt without any deduction. The Hotel is authorized to declare accrued claims as due at any time. The guest shall enter into default if he does not make payment within 10 days of the due date and receipt of the bill at the latest. In the event of default of payment, the Hotel shall have the right to charge default interest at 5% above the basic discount interest rate of the European Central Bank. The Hotel expressly retains the right to assert higher damages. The Hotel shall charge a reminder fee of €5 for every reminder issued after entry into default. The Hotel is authorized to request an appropriate advance payment as a security deposit upon conclusion of the Contract or thereafter. The size of this may be agreed in writing in the Contract. The Hotel shall also have the right during the guest’s stay at the Hotel to declare accrued claims as due at any time by means of creating an interim bill and to demand immediate payment. The guest may only offset the claims of the Hotel in the event that his asserted claims are undisputed or have been legally upheld.
Withdrawal of the guest, cancellation
A withdrawal of the guest from the Contract concluded with the Hotel requires the written consent of the Hotel. If this written consent is not provided, then the agreed price must be paid even if the guest does not make use of any contractually agreed services. This shall not apply if the guest cannot make use of the services due to the fault of the Hotel.
The guest may withdraw from the Contract without triggering any compensation or payment claims if a date for a free-of-charge withdrawal from the Contract has been agreed between the guest and the Hotel. This withdrawal from the Contract must then be reported to the Hotel by the guest in writing. If no agreement concerning a date for a withdrawal from the Contract has been reached, the Hotel shall have the right either to issue the guest with a specifically calculated demand for compensation or to assert a withdrawal fee. The withdrawal fee shall amount to 80% of the contractually agreed price. The guest shall be free to provide proof that the Hotel has incurred no damage or a lower level of damage than the compensation fee demanded. The above provisions concerning compensation shall apply in the same manner if the guest does not make use of the booked room or the agreed services without informing the Hotel of this in good time.
Withdrawal of the Hotel
In the event that the guest has been granted the right to withdraw free of charge, the Hotel is likewise authorized to withdraw from the Contract within the agreed period if other guests have made requests for the booked rooms and if the guest does not provide final confirmation of the booking when requested to by the Hotel. If an advance payment or security deposit agreed according to section 4) is not paid within a period specified for this purpose, the Hotel shall also be authorized to withdraw from the Contract. The Hotel shall additionally be authorized to withdraw from the Contract for cause, particularly in cases such as the following:
In the event of unauthorized subletting or re-letting according to section 2).
In the event of force majeure or other circumstances for which the Hotel is not responsible that make it impossible to fulfill the Contract.
In the event that the Hotel has reasonable grounds to suspect that the use of the hotel service may endanger the smooth business operations, the safety, or the reputation of the Hotel without the organization of the Hotel being to blame for this.
In the event that the Hotel becomes aware that the financial circumstances of the guest have significantly worsened following conclusion of the Contract, particularly if the guest does not compensate due claims of the Hotel or if the guest does not offer a sufficient security deposit, thereby appearing to endanger the payment claims of the Hotel.
In the event that the guest is subject to prosecution.
In the event that the guest has made an application to initiate insolvency proceedings with regard to his assets, submitted an affidavit according to Section 807 of the German Code of Civil Procedure (ZPO), initiated an extrajudicial proceeding for the purpose of settling debts, or stopped his payments.
In the event that insolvency proceedings have been initiated with regard to the assets of the guest or if the initiation of the same has been refused for lack of assets or for other reasons.
The Hotel must inform the guest immediately when exercising the right of withdrawal. In the above cases, the guest shall not have any entitlement to compensation.
Check-in and check-out
The guest shall not be entitled to the provision of a specific room unless the Hotel has expressly confirmed the provision of specific rooms in writing. Rooms that have been booked shall be available to the guest from 3:00 p.m. on the agreed check-in date. The guest shall not have any claim to be provided with the room at an earlier time. Rooms that have been booked must be claimed by the guest by 6:00 p.m. on the agreed check-in date at the latest. If a later arrival time has not been expressly agreed, the Hotel shall be authorized to reallocate booked rooms after 6:00 p.m. without this enabling any claims for compensation on the part of the guest. The Hotel has a right of withdrawal in this regard. On the agreed check-out date, the rooms must be vacated and made available to the Hotel by 11:00 a.m. at the latest. After this time, in addition to any claims for damages incurred by the Hotel as a result, the Hotel may charge 80% of the daily room rate for the additional use of the room until 6:00 p.m. and 100% of the daily room rate after 6:00 p.m.
Liability of the Hotel
Should disruptions or defects occur in respect of the services provided by the Hotel, then the Hotel shall remedy the issues in response to a prompt complaint by the guest. If the guest culpably fails to notify the Hotel of a defect, he shall not be entitled to claim a reduction in respect of the payment of the contractually agreed fee. The Hotel shall be liable for loss of life, physical injury, and damage to health according to the legal provisions. The Hotel shall only be liable for damages resulting from slight negligence if these can be traced back to a breach of an essential contractual obligation. In this case, the liability shall be limited to foreseeable damages typical of the Contract. The guest is additionally obligated to notify the Hotel in good time if there is a possibility of significant damage occurring. The Hotel shall be liable for items brought in by the guest according to the legal provisions, i.e. up to one hundred times the room price but a maximum of €3,500. For valuables (cash, jewelry, etc.) deposited in the hotel safe at reception, the liability shall be limited to €8,000. The Hotel recommends storing valuables in the hotel safe at reception. The liability claims on the part of the guest shall lapse if the guest does not notify the Hotel immediately after becoming aware of any loss, destruction, or damage. In the event that the guest is provided with a duplex parking space in the hotel garage, even for a fee, this does not establish a safekeeping contract. The Hotel does not have any monitoring obligations. In the event of loss of or damage to vehicles parked or maneuvered on the hotel premises or in the garage, and the contents of said vehicles, the Hotel shall not be liable unless the Hotel and/or its legal representatives have acted in a deliberate or grossly negligent manner. In this context, the damage must be reported to the Hotel when leaving the hotel premises at the latest. When parking in the upper or lower duplex parking spaces in the hotel garage, the manufacturer’s operating manuals that are displayed in the garage must be observed. The Hotel fulfills wake-up requests with the greatest care. Compensation claims are excluded, unless as a result of deliberate or grossly negligent behavior. All messages, mail, and consignments for the hotel guests are treated with care. The Hotel shall ensure the delivery, storage, and – upon request and subject to a fee – the forwarding of the same, with this service also being provided for lost property on request. Compensation claims are excluded, unless as a result of deliberate or grossly negligent behavior. Following a one month storage period at the latest, the Hotel shall be authorized to hand over the above items to the local lost property office and to charge an appropriate fee for this service.
Amendments or additions to the Contract, the acceptance of an application, or these General Terms & Conditions require the written form. Unilateral amendments or additions made by the hotel guest are void. The place of fulfillment and the place of payment shall be the Registered Office of the Hotel, i.e. Schwäbisch Gmünd. The exclusive place of jurisdiction – also concerning check and exchange disputes – for commercial dealings shall be the Registered Office of the Hotel, i.e. Schwäbisch Gmünd. If a guest does not have a general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction shall be the Registered Office of the Hotel. The Hotel shall also be authorized to bring claims and other legal proceedings before the general place of jurisdiction of the guest. Should individual provisions of these General Terms & Conditions be null and void or be rendered as such, this shall not impair the validity of the remaining provisions. There are no side agreements. Additions to this Contract must be recorded in writing, also in respect of additions removing the requirement for the written form as stated in this Contract. Only the German-language version of these General Terms & Conditions shall be legally binding. Versions in other languages are exclusively for information purposes.
The law of the Federal Republic of Germany shall apply.
Aalen, February 17, 2017