General Terms and Conditions – Hotel Niedersächsischer Hof GmbH

1 Scope of application

1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by Hotel Niedersächsischer Hof for the customer in this context (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 Hotel Niedersächsischer Hof – is hereinafter referred to as the “Hotel”.

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 insofar as the customer is not a consumer.

1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance.

2 Conclusion of contract, contract partners, limitation period

2.1 The contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer’s request by the hotel. In particular, the contract is concluded as soon as the customer requests or books a room and the hotel expressly accepts the booking. The hotel is free to confirm the room booking. The confirmation may be made in writing, verbally, by telephone, fax or e-mail.

2.2 The conclusion of the guest accommodation contract obliges the contracting parties to fulfill the contract, regardless of the duration of the contract.

2.3 All claims against the hotel are generally subject to a limitation period of one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims, insofar as these are based on injury to life, limb or health or an intentional or grossly negligent breach of duty by the hotel; these expire in each case in accordance with the statutory provisions.

2.4 The contractual partners are the hotel and the customer. If a third party has ordered for the customer or on the customer’s behalf, the customer shall be liable to the hotel together with the third party as joint and several debtor for all obligations arising from the contract, provided that the hotel has a written declaration from the third party or the customer stating that the booking or order was made for the customer.

2.5 The customer may declare on a durable medium up to three days before the start of the journey that a third party shall assume the rights and obligations arising from the travel contract in his place. The entry of the third party is only permitted if the hotel expressly agrees to this and a corresponding declaration of consent from the third party has been submitted.

2.6 If a third party within the meaning of the above clause enters into the contract, the third party and the customer shall be liable to the hotel as joint and several debtors. The hotel is at liberty to demand proof of the actual and reasonable additional costs incurred as a result of the entry.

2.7 Option dates agreed in individual contracts are binding for both contracting parties. The hotel reserves the right to rent the reserved rooms and function rooms to other parties if an option granted is not exercised in due time.

3 Services, prices, payment, offsetting

3.1 The hotel is obliged to keep the rooms booked by the customer available from the agreed time and for the agreed duration and to provide the agreed services.

3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by him. Unless otherwise agreed, these are based on our current price lists at the time the contract is concluded. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel. The payment obligation exists irrespective of the actual use of the room. The obligation to pay does not apply if the room is canceled in due time. It also does not apply if the room could be re-let by the hotel at least under the same conditions.

3.3 The agreed prices include the taxes applicable at the time the contract is concluded. In the event of a change in the statutory value added tax or the introduction, change or abolition of local taxes on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly.

3.4 Any city tax (in particular but not exclusively in the form of a guest contribution) is not included in the agreed prices and is payable in addition to the agreed prices.

3.5 The hotel may refuse its consent to a subsequent reduction in the number of rooms booked, the hotel’s services or the customer’s length of stay requested by the customer. Should the customer nevertheless reduce the length of stay, the hotel’s services or the number of rooms booked after expiry of the cancellation period, the hotel shall be entitled to apply the provisions of 4.3 (Cancellation by the customer) insofar as the hotel retains the claim to the agreed remuneration despite (partial) non-utilization of the service, possibly taking into account saved expenses.

3.6 Early departure or late arrival do not entitle you to a price reduction. In order to protect yourself against the financial consequences of cancellation, we recommend that you take out cancellation insurance.

3.7 Hotel invoices without a due date are payable in full within 14 days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. The statutory provisions shall apply if the customer is in default of payment. The hotel reserves the right to provide evidence of higher damages.

3.8 The booking price must be paid before the service is used. In any case, the hotel is entitled to issue interim invoices at any time once the service has been used, which the customer must settle immediately upon request.

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

3.10 In justified cases, in particular but not exclusively in the event of payment arrears by the customer or extension of the scope of the contract, the hotel is entitled to demand an advance payment or security deposit, even after conclusion of the contract up to the beginning of the stay, and furthermore an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.11 The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the hotel.

3.12 The hotel is entitled to a statutory lien on the items brought in by the guest or their accompanying persons in accordance with § 704 BGB for its claims arising from the contract, including for food and drinks, for expenses (telephone charges, visitor’s tax, etc.) and for claims for compensation due to damage to rooms and facilities.

4 Withdrawal by the customer (cancelation, declaration of withdrawal, cancellation) / non-use of the hotel’s services (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, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to a cancellation of the contract shall be made in text form.

4.2 If the hotel and the customer have individually agreed on a specific date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date.

4.3 Declarations of withdrawal must always be made in writing. The same applies to other declarations that are to lead to the termination of the contract.

4.4 If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the hotel does not agree to a termination of the contract, the hotel shall retain the claim to the agreed remuneration despite non-utilization of the service, provided that the non-utilization is not due to circumstances within the hotel’s sphere of responsibility or due to force majeure. The hotel must offset the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay 80% of the contractually agreed price for accommodation less breakfast. The customer is at liberty to prove that the room has been rented to another party or that the expenses saved are higher.

4.5 During trade fairs and events: Traffic Court Days (VGT), EMO, Agritechnica, HMI, Interschutz, IAA, EUHA, EuroBlech, Interschutz Messe, Didatec, Hannover Messe, EuroTier, CeBIT, Battery Show as well as public holidays: New Year’s Eve, Easter, Ascension Day, Whitsun, Corpus Christi, German Unity Day, Christmas holidays, different, individually contractually agreed cancellation conditions and cancellation periods apply, which will be communicated to the guest in a reservation confirmation.

5 Cancellation by the hotel

5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal or does not finally confirm the booking upon enquiry by the hotel with a reasonable deadline.

5.2 If an agreed or requested advance payment or security deposit is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular but not exclusively if

force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
Rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the customer, the ability to pay or the purpose of the stay;
the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the security or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization; the purpose or reason for the stay is unlawful; the hotel has no right to claim damages. organizational area of the hotel;
the purpose or occasion of the stay is unlawful;
The justified withdrawal of the hotel does not entitle the customer to claim damages.

In the event of justified termination of the contract, this shall not affect any claim by the hotel for compensation for any damage incurred and/or expenses incurred by it.

6 Room provision, handover and return

6.1 The customer shall not acquire any entitlement to the provision of specific rooms unless this has been expressly agreed. All additional agreements, such as room number, location, furnishings, etc. are always recorded in writing. Please check your reservation in this regard.

6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.

6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for the delayed vacating of the room until 3:00 p.m., and 90% from 3:00 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to compensation for use or damages.

6.4 The guest may only use the booked accommodation as intended and must use the rooms and furnishings with care and, if available, in accordance with the provisions of the house rules. Unless otherwise agreed, the accommodation may only be used by the guest and the other persons specified in the booking confirmation. Any transfer of use to third parties and in particular any subletting shall require the prior written consent of the accommodation provider.

6.5 The traveler is obliged to notify the accommodation provider immediately of any defects, malfunctions and impairments of use and to demand remedy.

7 Liability of the hotel

7.1 The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or for foreseeable damages that are based on an intentional or negligent breach of typical contractual obligations of the hotel. Typical contractual obligations (so-called cardinal obligations) are obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded, unless otherwise regulated in this provision “Liability of the hotel”. Should disruptions or defects in the hotel’s services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to do what can reasonably be expected of him in order to remedy the disruption and minimize any possible damage. In addition, the guest is obliged to inform the accommodation provider in good time of the possibility of exceptionally high damages.

7.2 Claims for a reduction in price or compensation are therefore excluded, unless a notice of defects would have been futile from the outset, but was culpably omitted.

7.3 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions, in particular § 702 BGB. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 500 euros or other items with a value of more than 2,000 euros, this requires a separate storage agreement with the hotel. Any liability claims expire if the guest does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). The above paragraphs shall apply to any further liability of the accommodation provider.

7.4 If the customer is provided with a parking space in the hotel garage or on the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. In particular, this does not give rise to any monitoring obligation on the part of the hotel. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in the cases specified in 7.1.

7.5 Wake-up calls are carried out by the hotel with due commercial care. Messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and – on request – forward them for a fee. Insofar as the forwarding is carried out for a fee, the hotel shall only be liable for intent and gross negligence, otherwise liability is excluded.

8 Additional regulations

8.1. Hotel vouchers are valid for 3 years from the date of issue. After that they can no longer be used. The statutory limitation periods apply. Please state the voucher number before making your booking. The voucher is transferable after consultation with the hotel. Cash payment of the hotel voucher is not possible.

8.2. For fire safety reasons and out of consideration for allergy sufferers, all rooms are non-smoking. With

In the event of non-compliance, the hotel is entitled to charge a special cleaning fee of 250 euros. The customer is free to prove that the cleaning costs incurred are lower.

8.3. Dogs and pets are not permitted. Except assistance dogs after consultation with the hotel.

8.4. Package deals, special offers, discounts and rebates cannot be combined and cannot be booked in succession.

8.5. Hotel parking spaces cannot be reserved, they are subject to availability. Charges apply for their use.

9 Final provisions

9.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral amendments or additions by the customer are invalid.

9.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes relating to checks and bills of exchange – is Saarbrücken for commercial transactions. If a contractual partner fulfills the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Saarbrücken.

9.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

9.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

9.5 In the event of disputes with the hotel, the General Consumer Arbitration Board of the Center for Arbitration would be responsible. (Zentrum für Schlichtung e.V., Straßburger Straße 8 in 77694 Kehl am Rhein). The company is not willing or obliged to participate in a dispute resolution procedure.