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Terms and Conditions (T&C)

General Terms and Conditions – Hotel Birkenfelder Hof
Status: November 2018

Scope of Application

These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes, as well as all related 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 accommodation contract, hotel contract, hotel room contract.

The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, requires the prior written consent of the hotel, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.

The customer’s general terms and conditions shall only apply if expressly agreed in writing in advance.

Conclusion of Contract, Contractual Partners, Limitation Period

The contract is concluded upon acceptance of the customer’s request by the hotel. The hotel is free to confirm the room booking in writing.

Contractual partners are the hotel and the customer. If a third party makes a booking on behalf of the customer, that party shall be jointly and severally liable with the customer 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 generally become time-barred after one year from the statutory commencement of the limitation period.

Claims for damages shall become time-barred after five years, regardless of knowledge, unless they are based on injury to life, body, health, or freedom.
Such claims shall become time-barred after ten years, regardless of knowledge.

These reductions in limitation periods do not apply to claims based on intentional or grossly negligent breaches of duty by the hotel.

Services, Prices, Payment, Set-Off

The hotel is obliged to keep the booked rooms available and to provide the agreed services.

The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of rooms and for any additional services used. This also applies to services and expenses incurred by the hotel on behalf of the customer vis-à-vis third parties.

All prices include the applicable statutory value-added tax.

The hotel may make its consent to a requested subsequent reduction in the number of booked rooms, the hotel’s services, or the duration of the customer’s stay conditional upon an increase in the price for the rooms and/or other services.

Invoices issued by the hotel without a due date are payable within 14 days of receipt without deduction.

The hotel is entitled to demand immediate payment of due claims at any time. In the event of default in payment, the hotel is entitled to charge statutory default interest currently amounting to 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.

The hotel is entitled, upon conclusion of the contract, to require a reasonable advance payment or security, such as a credit card guarantee, deposit, or similar.

The amount and due dates of such payments may be agreed in writing in the contract.

In justified cases (e.g. payment arrears or extension of the contract), the hotel is entitled, even after conclusion of the contract and up to the start of the stay, to demand an advance payment or security or to increase the agreed amount up to the full agreed remuneration.

The hotel is also entitled to request an appropriate advance payment or security at the beginning and during the stay for existing and future claims, unless such has already been provided.

The customer may only offset or reduce claims of the hotel with undisputed or legally binding claims.

Withdrawal by the Customer (Cancellation) / Non-Utilization of Services (No-Show)

Any withdrawal by the customer from the contract concluded with the hotel requires the hotel’s prior written consent.

If such consent is not granted, the agreed price must still be paid even if the customer does not make use of the contractual services.

If a deadline for free cancellation has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract until that date without incurring payment or compensation claims by the hotel.

This deadline also applies to early departures.

The customer’s right of withdrawal expires if it is not exercised in writing within the agreed period.

Unless otherwise agreed, the following cancellation conditions apply:

Hotel room cancellation deadlines:
(Always on working days until 6:00 p.m. prior to the day of arrival)

Withdrawal by the Hotel

If it has been agreed in writing that the customer may withdraw from the contract free of charge within a certain period, the hotel is also entitled to withdraw from the contract within this period if there are requests from other customers for the booked rooms and the customer does not waive their right of withdrawal upon inquiry.

If an agreed or requested advance payment or security is not provided even after a reasonable grace period set by the hotel, the hotel is entitled to withdraw from the contract.

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

• Force majeure or other circumstances beyond the hotel’s control make fulfillment of the contract impossible

• Rooms are booked under misleading or false information regarding essential contractual facts (e.g. identity of the customer or purpose of stay)

• The hotel has justified reason to believe that the use of its services may endanger the smooth operation, security, or reputation of the hotel

• The purpose or reason for the stay is unlawful

• There is a violation of the above-mentioned Section I No. 2

In the event of justified withdrawal by the hotel, the customer shall have no claim for damages.

Room Availability, Handover, and Return

The customer has no right to the provision of specific rooms unless this has been expressly agreed in writing.

Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival.

The customer has no right to earlier availability.

On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10:00 a.m. at the latest.

After this time, the hotel may charge 50% of the full room rate for use beyond the contract until 6:00 p.m., and 100% thereafter.

This does not establish any contractual claims on the part of the customer. The customer is free to prove that no or significantly lower compensation is due.

Events / Conferences

Cancellation of booked events / conferences

Cancellation of a fully booked and confirmed event is free of charge up to 8 weeks before the event, provided it is made in writing.

Cancellations must be made in writing and apply only to the entire booking period.

Cancellation fees within 8 weeks

Events up to 30 persons:

• Up to 8 weeks prior: free of charge

• Up to 4 weeks prior: 60% of agreed turnover

• 1 week prior: 80% of agreed turnover

Events from 30 persons:

• Up to 12 weeks prior: free of charge

• Up to 8 weeks prior: 40% of agreed turnover

• Up to 4 weeks prior: 60% of agreed turnover

• Up to 1 week prior: 80% of agreed turnover

If rooms are not used by the customer, the hotel must offset income from re-letting these rooms as well as saved expenses.

If the rooms are not re-let, the hotel may demand the agreed remuneration and apply a flat-rate deduction for saved expenses.

In this case, the customer must pay:

• For overnight stay with breakfast: agreed price minus €6.50 (saved breakfast costs)

• For half board: agreed price minus €20.00

The customer is free to prove that no or significantly lower costs were incurred.

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