General Terms and Conditions for Hotel Agreement
1. Scope of Application
The general terms and conditions apply for all services of the GT3 Hotel Ltd. (GT3 Hotel) for the guest, the organiser and other contract partners. These services consist in particular of allowing the use against payment of hotel bedrooms and other rooms for e.g. seminars, meetings, conferences, presentations, banquets and other events, the sale of food and beverage, the organisation of cultural and sports events and other programmes or comparable offers as well as for all other services and deliveries of the GT3 Hotel Ltd..
These terms and conditions govern contracts for the rental use of hotel rooms for lodging purposes as well as all other goods and services rendered by the hotel for the customer (hotel agreement).
The term “hotel agreement” includes and replaces the following terms:
Lodging contract, guest admission contract, hotel contract and hotel room contract. The GT3 Hotel based in Honerath with a subsidiary in Barweiler is entitled to carry out its services by third parties.
The prior written consent of the hotel is required if rooms provided are to be sublet or rented to other parties or used other than lodging purposes, whereby § 540, para. 1, sentence 2 German Civil Code is waived insofar as the customer is not a consumer.
The customer’s general terms and conditions shall only apply if the parties to the contract expressly agree to apply them.
2. Conclusion of Contract, Contracting Parties, Limitation Period
Contracting parties are the GT3 Hotel and the customer. An agreement comes about through the acceptance of the customer’s booking request by the hotel. The hotel is free to confirm a room booking in writing if it so wishes.
All claims asserted vis-à-vis the hotel expire as a general rule one year after the commencement of the standard period of limitation. This will not apply to damage claims and all other claims unless caused intentionally or as a result of gross negligence by the hotel.
3. Services, Prices, Payment and Offsetting
The hotel shall be bound to hold the rooms ready that were previously booked by the client and to render agreed services.
The customer is obliged to pay the announced hotel prices for the accommodation and all additional prices as agreed upon. This will also apply for all services, directly or ordered by the hotel, which were rendered by third parties and paid in advance by the hotel.
The agreed prices are quoted including all valid taxes and local fees at the time of the contract. Not contained are local fee, which according to the local laws will be owed by the guest, like e.g. visitor’s tax. For changes of statutory sales tax or the new implementation, changes or elimination of local fees on the performance object after the time of contract the prices will be adjusted accordingly. In case of contracts with customers, this will only apply for a period of four months between time of contract and performance of contract.
The hotel can make its agreement to the customer’s later request for a reduction of the number of reserved rooms, services of the hotel or the customer’s length of stay dependent upon the increase of the price for the rooms and/or for other services.
Hotel invoices not showing a due date are due and payable in full within 10 days of receipt. The hotel is entitled to declare at any time its accrued receivables to be due and to demand immediate payment thereof.
If the customer defaults on payment the statutory provisions will apply. The hotel reserves the right to provide proof that the damage it incurred was greater.
The hotel reserves the right to demand payment of an appropriate advance amount at any time, e.g. credit card guarantee. The level of the advance payment and the date on which payment is to be made can be agreed in writing in the contract.
In case of advance payments or security services for package tours the statutory provisions remain unaffected. In case of a payment delay the legal regulations will apply.
In justified cases, such as outstanding payments of the customer or the extension of the contract the hotel is entitled, even after the time of contract until the customer’s stay, to demand a reasonable advance payment or security deposit within the meaning of the above mentioned no. 3.6 for existing or an increase of the advance payment or the security service as agreed by the contract up to the full agreed payment.
3.8: Moreover the hotel is entitled, at the commencement and during the customer’s stay, to demand a reasonable advance payment or security deposit within the meaning of the above-mentioned no. 3.6 for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned no. 3.6 and/or 3.7.
3.9: The customer may only set-off or reduce a claim which is undisputed or decided with final, res judicata effect.
4: Withdrawal of customer/Cancellation/No-show
A withdrawal of the customer from the contract between customer and the GT3 Hotel is only possible if agreed by contract, if there is any legal right of withdrawal or if the hotel agrees to the contract cancellation. The agreement to a right of withdrawal as well as the agreement to a contract cancellation should be made in text form.
4.2: If a date for change-free cancellation has been agreed between the hotel and the customer for the agreement, then the customer may cancel the agreement until that date without giving rise to payment or damage claims on the part of the hotel. The right of withdrawal expires of it is not asserted by the customer in written form until that date.
If a right of withdrawal is not agreed or already expired, there is no legal right of withdrawal or right of termination and if the hotel does not agree to a contract cancellation, the hotel reserves the right to claim the agreed payment without use of services. The hotel shall offset any income arising from third party use and/or saved expenses. If the rooms are not otherwise rented, the hotel can demand the contractually agreed rate and assesses a flat rate for the saved expenses of the hotel. The customer is obliged to pay up to 90% at least for the contractually agreed prices for overnight with/without breakfast as well as for the flat rate arrangements with external services, 70% for half board and 60% for full board. The customer shall be free to provide proof that the aforementioned claim did not arise to the extend claimed.
5: Withdrawal of the Hotel
To the extend that a right of cost-free cancellation within a certain period was agreed in writing for the customer, the hotel is entitled for its part to cancel the contract during that period if there are enquiries from other customers regarding the contractually reserved rooms and the customer does not waive his right of recession upon enquiry thereof by the hotel.
If payment of an agreed advance amount according to no. 3.6 and/or 3.7 or a security service is not made even after a statutory deadline and even after the expiration of an appropriate extension set by the hotel, the hotel is entitled to withdraw from the contract.
The hotel is entitled to affect extraordinary cancellation of agreement for objectively justified reasons, in cases such as the following:
-force majeure or by other circumstances not within the responsibility of the hotel
-rooms or apartments culpably booked by giving misleading or wrong information of important facts, e.g. the identity of the customer, the ability to pay or the reason for the stay
-the hotel has justified reason for assuming that the customer’s use of the hotel’s services may put the smooth operation, safety, security or the public reputation of the hotel at risk, but that this cannot be attributed to the power and organisation of the hotel
-the purpose of the stay is illegal
-if a breach against no. 1.2 exists
The entitled withdrawal of the hotel does not constitute any compensation claims by the customer.
6: Provision of rooms, check-in and check-out
The customer acquires no right to the provision of certain specific rooms, provided no other agreements have explicitly been made.
Booked rooms are available from 15.00 hrs. on the agreed arrival day. The customer has no claim on an earlier provision.
On the agreed day of departure, the rooms are to be vacated and made available to the hotel by no later than 12.00 hrs. Thereafter the hotel may charge 50% of the full lodging price of the customer leaves the hotel later than contractually agreed, but no later than 18.00 hrs., or 90% if the customer leaves the hotel after 18.00 hrs. Contractual claims of the customer shall not be established hereby. The guest is free to provide vis-à-vis the hotel that no damage or a considerably lower damage has been incurred to the hotel as a result of loss of use of the room.
7: Liability of the hotel
The hotel is liable for all damages arising from wrongful death, personal injury or health impairment. This also applies to claims for compensation for other damages that arise from a deliberate or grossly negligent breach of duty on part of the hotel. A breach of obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or employee.
Further claims, unless in no. 7 otherwise specified, are excluded. Should disruptions or defects occur in respect of service provisions on the part of the hotel, the hotel is to act to remedy such upon its knowledge. The customer is obliged to contribute to a reasonable degree to amend the disruption and minimise the damage.
The hotel is liable to the customer for property brought in to the hotel in accordance with the statutory provisions. The hotel recommends making use of the hotel safe or the room safe. If the guest wishes to deposit money, securities and valuables worth more than € 800 or other
objects worth more than € 3,500 this requires a separate conservation agreement with the hotel.
A parking space provided by the hotel for the customer on a parking lot owned by the hotel even for a fee, does not establish a contract of secure custody. The hotel is only liable for loss of or damage of any vehicle parked on the hotel property in accordance with the above mentioned no. 7.1, sentences 1-4.
Messages, mail and merchandise deliveries for guests will be handled with care. The hotel is willing to carry out the delivery, storage and upon request and at a charge, the forwarding of items. The hotel is here only liable according to the above mentioned no. 7.1, sentences 1-4.
8: Final provisions
Changes and amendments of the contract, the application acceptance or the general terms should be in text form. Biased client amendments or supplements are invalid.
The place of performance and payment as well as exclusive jurisdiction-including for check and exchange disputes-for commercial transactions is the Local Court Koblenz.
If a contract partner fulfils the conditions of § 38 paragraph 2 ZPO and has no interior place of general jurisdiction, the court of jurisdiction will be Koblenz.
German law applies under exclusion of U.N. Sales Law and the conflict of laws.
If individual provisions of the general terms are ineffective or invalid the validity of the remaining provisions will not be affected. Apart from that the legal provisions apply.