§ 1. Area of application
These Terms and Conditions apply to hotel accommodation contracts as well as to all further services and deliveries provided by the hotel to the guest (hereinafter also referred to as the customer).
Any subletting of the rooms, areas and show cases made available by the hotel as well as all job interviews, sales events or similar events shall require prior written consent from the hotel.
Deviating provisions, even where they are contained in general terms and conditions of the guest or the customer, shall not apply unless explicitly acknowledged in writing by the hotel.
§ 2. Contract conclusion
The accommodation contract shall be concluded as soon as rooms, premises or other deliveries and services have been ordered by the guest and agreed by the hotel. All reservations will be confirmed in writing by Frechener Hof Hotelbetriebs GmbH. Where this is no longer possible due to time constraints, the customer will receive a reservation number by telephone. Should the reservation confirmation deviate from the contents of the reservation, the contents of the reservation confirmation shall become contents of the contract unless the guest objects to it immediately after its receipt, yet no later than on acceptance of the services.
The conclusion of the accommodation contract shall place the contractual partners under the obligation to fulfil the contract, no matter for which period of time the contract has been concluded.
The contractual partners shall be the hotel and the guest. Where a third party makes the booking on behalf of the guest, the third party shall be liable to the hotel together with the guest as joint and several debtors for all obligations arising under the contract, provided a corresponding statement from the customer has been submitted to the hotel. Regardless thereof, every customer shall be under obligation to forward all booking-relevant information, especially these General Terms and Conditions, to the guest.
§3. Services, prices, payment
The hotel shall be under obligation to keep the rooms booked by the customer ready in accordance with the General Terms and Conditions and to provide the agreed services.
The guest shall be under obligation to pay the prices of the hotel, which are applicable or have been agreed for provision of the rooms and for the services utilised by the guest. This shall also apply to the provision of services and to expenses of the hotel, which the guest or the customer has arranged for the benefit of third parties, as far as such expenses and services have been agreed by contract or approved by the guest.
The prices agreed shall include the respective value-added tax. Where the period of time between conclusion and performance of the contract exceeds four months and the price generally invoiced by the hotel for such services increases, this may lead to an appropriate rise in the contractually agreed price, yet by no more than 10%. Should the legislator pass an increase in the value-added tax rate, the hotel will adjust the overnight accommodation prices correspondingly. Should another hotel-specific charge or tax within the respective municipality be resolved by the legislator at short notice or for a certain period of time, this charge or tax will be passed on directly by the hotel to the guest. In general, the remuneration for services booked shall be due for payment before departure of the guest.
Prices may also be changed by the hotel if the guest requests subsequent changes to the number of rooms booked, the services to be provided by the hotel or the duration of stay of the guests, and if the hotel complies with such a request.
After complete and non-objectionable service provision, invoices of the hotel shall be payable without deduction immediately after receipt of a correct invoice. The guest shall come in default unless he makes payment within 14 days after the due payment date and the receipt of an invoice. For a guest being a consumer, this shall only apply if the guest is advised of these consequences separately in the invoice. In the event of delayed payment, the hotel shall be entitled to charge default interest of 5% above the base lending-rate from consumers. In dealings with businessmen, the rate of default interest shall be 8% above the base lending-rate. The hotel reserves the right to
assert more far-reaching compensation for damages.
The hotel shall be entitled to demand an appropriate advance payment or security deposit on conclusion of the contract or later on. The amount of the advance payment and its due date may be agreed in writing in the contract. Moreover, the hotel shall also be entitled, at any time during the stay of the guest in the hotel, to declare due any accrued accounts receivable through issuing an intermediate invoice and demand immediate payment.
The guest shall only be entitled to set off his undisputed or finally established accounts receivable against accounts receivable of the hotel or to reduce his payments of hotel prices correspondingly.
Where rooms or other services are reserved on an optional basis, the data of the option shall be binding on both contracting parties. Following expiry of the agreed option period, the hotel shall be entitled to dispose without restriction of the rooms and services having been booked on an optional basis.
Possibly granted special conditions must be mentioned directly during the booking process or on arrival of the guest. Later changes or reductions shall not be possible.
To guarantee a reservation and the resulting services, Frechener Hof Hotelbetriebs GmbH shall be entitled to require a valid credit card number of a credit card company accepted by Frechener Hof Hotelbetriebs GmbH from the guest. The exclusive invoice currency shall be EURO.
Where the invoice amount exceeds three times the overnight accommodation price, Frechener Hof Hotelbetriebs GmbH shall be entitled to issue intermediate invoices in each case, for instance in the form of weekly invoices, and to demand payment of such invoices from the guest.
Intermediate invoices shall be payable by the guest immediately after receipt. Where the guest comes in default with his payment of such an invoice, the hotel shall be entitled to cancel the agreement with immediate effect. Frechener Hof Hotelbetriebs GmbH reserves the right to assert further costs such as the loss of profits if hotel facilities cannot be rented out to other customers. Invoices to companies, travel agencies etc. will only be issued if the invoice recipient submits a written cost assumption statement to the hotel on its official company letterhead and if this statement is accepted by the hotel. Such invoices shall be payable within ten days after the date of the invoice, without deductions and in the currency stated on the invoice. The place of performance for payment obligations of the guest shall be the registered office of the respective hotel. This shall also apply if the payment was credited to the guest. In the event of delayed payment, Frechener Hof Hotelbetriebs GmbH shall be entitled to charge interest of at least 5% above the nominal ECB interest rate. The right to charge higher compensation for damages as a result of the delayed payment shall remain unaffected. For each and every payment reminder, a flat-rate fee of EUR 15.00 shall be invoiced.
The acceptance and selection of credit cards shall be at the free discretion of Frechener Hof Hotelbetriebs GmbH in every individual case even if the general acceptance of credit cards is indicated through public notices at the hotel. Apart from that, the acceptance of cheques, credit cards and other means of payment shall only take place on account of performance.
Prices for groups shall only apply on the basis of a separate written agreement. Apart from that, the effectiveness of every group reservation shall be subject to the provision of an advance payment, the amount of which must be at least 75% of the service to be reserved. For the reservation to become legally effective, Frechener Hof Hotelbetriebs GmbH must have received the advance payment two weeks before arrival of the group. In the case of group reservations, the hotel reserves the right to reduce the contingent of not utilised rooms and/or change the agreed price if less than 75% of the rooms agreed are utilised.
§ 4. Withdrawal by the guest, cancellation
The hotel grants the guest a right to withdraw from the contract at any time. Withdrawals in case of group reservations shall be subject to the point in time specified in the accommodation contact.
Withdrawals in case of individual reservations shall be subject to the point in time specified in the reservation confirmation. In the event of withdrawal from the reservation by a guest / organiser, the hotel shall be entitled to
appropriate compensation. The hotel shall be at liberty to demand flat-rate withdrawal compensation from the contractual partner Instead of a specifically calculated compensation. The flat-rate withdrawal compensation shall amount to 90% of the contractually agreed amount for overnight accommodation with or without breakfast.
More than 30 days: Provision/preparation costs will not be invoiced.
Up to the 15th day: Provision/preparation costs will be invoiced.
14th to 8th day: Provision/preparation costs will be invoiced, plus a compensation of 33% of the lost sales revenue (food & beverages). Where the sales revenue was not yet specified, the minimum menu price (convention) x number of persons shall be payable.
7th to 3rd day: Provision/preparation costs will be invoiced, plus a compensation of 66% of the lost sales revenue (food & beverages). Where the sales revenue was not yet specified, the minimum menu price (convention) x number of persons shall be payable.
Within 72 hours: Provision/preparation costs will be invoiced, plus a compensation of 90% of the lost sales revenue (food & beverages). Where the sales revenue was not yet specified, the minimum menu price (convention) x number of persons shall be payable.
Where the hotel has granted the guest an option to withdraw from the contract without further legal consequences within a certain time limit, the hotel shall not have any claim for compensation. The question of whether the withdrawal statement has been submitted in due time shall depend on the statement’s receipt by the hotel. The contractual partner must declare withdrawal from the contract in writing.