GENERAL TERMS AND CONDITIONS
for the Hotel-Mykonos
Last update: 18.12.2019
Hotel-Mykonos, Dreieckstrasse 2a, 52249 Eschweiler, +49 2403 / 748 87 - 0, firstname.lastname@example.org, Tax Number: 202/5310/1987 VAT ID No. DE169801025
- hereinafter referred to as "Hotel" -
1. scope of application
1.1 The following General Terms and Conditions apply to contracts for the rental of hotel rooms, for accommodation and conferences as well as all other services and deliveries provided by the hotel to the guest.
1.2 Deviating regulations shall only apply if they have been individually agreed between the hotel and the guest.
2. conclusion of the contract
2.1 The hotel accommodation agreement (Accommodation Agreement) is concluded when the guest submits an application (room booking), which is accepted by the hotel. Acceptance shall be effected by confirmation of the room booking.
1 Confirmation of the room booking shall be in writing.
1 Confirmation of the room booking may be given verbally, in writing, by telephone or by e-mail.
2.2 If the room reservation is made by a third party for the guest, he shall be liable to the hotel together with the guest as joint and several debtor for all obligations arising from the hotel acceptance contract, provided the hotel has received a corresponding declaration from the third party.
2.3 The subletting and subletting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel.
3. prices and services
3.1 The hotel is obliged to keep the rooms booked by the guest available in accordance with these General Terms and Conditions and to provide the agreed services.
3.2 The guest shall be obliged to pay the hotel's applicable or agreed prices for the provision of rooms and other services used by him. This shall also apply to services and expenses of the hotel towards third parties arranged by the guest or the orderer.
3.3 The agreed prices include the respective statutory value added tax.
3.4 The prices may be changed by the hotel if the guest subsequently requests changes in the number of rooms booked, the hotel's services or the length of stay of the guests and the hotel agrees to this.
3.5 Invoices of the hotel shall be payable immediately upon receipt without deduction.
The delay shall commence if the Guest fails to make payment within 10 days of the due date and receipt of an invoice; this shall only apply to a Guest who is a consumer if special reference has been made to these consequences in the invoice. In the event of default in payment, the hotel shall be entitled to charge consumers default interest in the amount of 5% above the base rate. In business transactions, the default interest rate shall be 9% above the base rate.
3.6 The hotel shall be entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and its due date may be agreed in writing in the contract. The hotel shall also be entitled to demand immediate payment of any claims accrued during the guest's stay at the hotel by issuing an interim invoice.
3.7 The Guest may only offset or reduce a claim of the Hotel against an undisputed or legally established claim.
4. services not used, cancellation, rescission by the guest
4.1 The hotel grants the guest the right to withdraw from the contract at any time. The following provisions shall apply:
- In the event that the Guest withdraws from the booking, the Hotel shall be entitled to reasonable compensation.
- The hotel has the option to claim a cancellation fee from the guest instead of a specifically calculated compensation. The Guest is free to prove that the Hotel has not suffered any damage or that the damage incurred by the Hotel is lower than the demanded lump-sum compensation.
- If the hotel specifically calculates the compensation, the maximum amount of the compensation shall be the contractually agreed price for the service to be rendered by the hotel less the value of the expenses saved by the hotel and what the hotel acquires through other uses of the hotel services.
4.2 The above provisions on compensation shall apply mutatis mutandis if the Guest does not make use of the booked room or the booked services without notifying the Hotel of this in good time.
4.3 The right to compensation shall lapse if the hotel has granted the guest an option in the contract to withdraw from the contract within a certain period without further legal consequences, the hotel shall not be entitled to compensation. The date of receipt by the hotel shall be decisive for the timeliness of the notice of withdrawal. The guest must declare the withdrawal in writing.
5. cancellation by the hotel
5.1 If the guest has been granted a right of withdrawal free of charge in accordance with Clause 4.3 of the Accommodation Agreement, the hotel shall also be entitled to withdraw from the agreement within the agreed period if there are enquiries from other guests about the booked rooms and the guest does not finally confirm the booking on the hotel's request.
5.2 If an advance payment or provision of security agreed in accordance with Clause 3.6 is not made within a period set for this purpose, the hotel shall also be entitled to withdraw from the contract.
5.3 This shall not affect the right to withdraw from the contract for good cause. In particular, if
- force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible;
- rooms are booked under misleading or false statements of material facts, e.g. concerning the person of the guest or the purpose;
- the hotel has good reason to believe that the use of the hotel's services may jeopardize the smooth running of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization;
- an unauthorised subletting or subletting in accordance with section 2.3 exists;
- a case of Clause 6.3 exists;
- the hotel becomes aware of circumstances such as a significant deterioration in the financial circumstances of the guest after conclusion of the contract, in particular if the guest does not settle due claims of the hotel or does not provide sufficient security and therefore payment claims of the hotel appear to be at risk;
- the Guest has filed an application for the opening of insolvency proceedings against his assets, has provided information on his assets in accordance with § 807 of the German Code of Civil Procedure (Zivilprozessordnung), has initiated out-of-court debt settlement proceedings or has suspended payments;
- insolvency proceedings have been instituted against the Guest's assets or the opening of such assets has been refused for lack of assets or for other reasons.
5.4 The Hotel shall immediately notify the Guest in writing of the exercise of the right of withdrawal.
5.5 In the aforementioned cases of rescission, the Guest shall not be entitled to damages.
6. arrival and departure
6.1 The Guest shall not be entitled to the provision of specific rooms unless the Hotel has confirmed the provision of specific rooms in writing.
6.2 Booked rooms shall be available to the Guest from 12:00 noon on the agreed arrival day. The Guest is not entitled to earlier availability.
6.3 Booked rooms must be occupied by the Guest by 23:00 hrs on the agreed arrival day at the latest if the booking is guaranteed (credit card details).
6.4 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. Thereafter, the hotel may charge the daily room rate for the additional use of the room until 1 p.m. in addition to the resulting damage; from 2 hours 50% of the full valid accommodation rate. From 18:00 the full price. The Guest shall be at liberty to prove to the Hotel that it has suffered no loss or a substantially lower loss.
7.1 The hotel shall be liable in cases of intent or gross negligence in accordance with the statutory provisions. In cases of slight negligence, the hotel shall be liable exclusively for injury to life, limb or health or for breach of material contractual obligations. However, the claim for damages for the slightly negligent breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contract, unless liability is assumed for injury to life, limb or health. The organizer is liable to the same extent for the fault of vicarious agents and representatives.
7.2 The provision of the above paragraph (8.1) covers damages in addition to performance, damages in lieu of performance and claims for futile expenses, regardless of the legal basis, including liability for defects, delay or impossibility.
7.3 If the guest is provided with a car parking space, the hotel shall not be obliged to monitor this unless this has been individually agreed in writing in a custody agreement.
7.4 Wake-up orders shall be executed by the hotel with the greatest care. Claims for damages, except for gross negligence or intent, are excluded.
7.5 Messages, mail and consignments of goods for guests shall be handled with care. The Hotel shall be responsible for delivery, storage and - if requested - forwarding of such items for a fee, as well as for lost and found items upon request. Claims for damages, except for gross negligence or intent, are excluded. The hotel is entitled, after a storage period of one month at the latest, to hand over the aforementioned items to the local lost property office at a reasonable charge.
7.6 The statute of limitations of the guest's claims shall be in accordance with the statutory provisions.8. final provisions
The law of the Federal Republic of Germany shall apply.
Eschweiler, 18.12.2019 Hotel-Mykonos