These terms and conditions apply for contracts for the rental use of hotel rooms for the purpose of accommodation, as well as any further provided service and deliveries by the hotel.
The subletting or subleasing of rooms, conference- and banquet rooms, as well as their use for other purposes than accommodation requires the prior written consent of the hotel, whereas § 540 para. 1 sentence 2 BGB shall be void provided that the Client is not consumer.
The customer’s terms and conditions only apply after explicit prior written approval.
II. Contract conclusion; -parties; limitation
The contract shall come into effect by acceptance of the application of the customer by the hotel (single name for purchaser, organizer, guest, etc.).
Contractual partners are the hotel and the customer. If a third party made the order on behalf of the customer, this third party shall be liable to the hotel with the customer as joint and several debtor for all obligations arising from this contract.
All claims against the hotel shall become time-barred within one year starting from the beginning of the knowledge-dependent regular limitation period under § 199 para. 1 BGB. Claims for damages become time-barred within five years. The limitation periods do not apply to claims which are based on an intentional or grossly negligent breach of obligation. The shortenings of limitation periods do not apply to claims based on a deliberate or negligent violation of duty by the hotel.
III. Services, rates, payment, set-off
This hotel is obliged to hold ready the beds or rooms booked by the customer and to render the agreed services. The customer is obligated to pay the applicable and agreed rates of the hotel for the room / space-cession and further services used by him.
The agreed rates include the applicable statutory value-added tax, unless explicitly confirmed otherwise in writing. If the period between the conclusion of the contract and the fulfillment of the contract exceeds over four months and if the price charged by the hotel for such services generally increases, the contractually agreed price can increase by a maximum increase of 5%.
The rates may be adjusted by the hotel if the customer subsequently wishes to change the number of rooms booked, the hotel's services or the duration of the guests and the hotel agrees.
Hotel bills without a due date are within 7 days from receipt of invoice without deduction. The hotel is entitled at any time to fix a due date for accrued claims and to demand immediate payment. In case of delayed payment the hotel is entitled to ask for payment of the statutory interest on arrears applicable in each case amounting at present to 8% above the base lending rate and to 5% in the case of legal transactions in which a consumer is involved. The hotel shall be reserved the proof of a higher damage.
Taking the legal regulations for package tours into account, the hotel is entitled to demand a reasonable advance payment or security during or after the conclusion of the contract. The amount of the advance payment and the due dates may be agreed upon in the Contract in writing.
The customer can only offset or reduce a claim by the hotel with an indisputable or legally binding claim.
IV. Withdrawal by the Customer (i. e. Cancellation) / Non-use of Services
In case of withdrawal of the contract with the hotel by the customer, a written consent of the hotel is required. Is this not the case, then the agreed rate in the contract must be paid as well if the customer does not make use of the contractual services. This does not apply during violation of the obligation of the hotel's consideration to take the rights, legal interests and interests of the customer into account, if this adherence to the contract is no longer reasonable or another statutory or contractual cancellation right exists.
In case a free cancellation of the contract was agreed upon in writing between the hotel and the customer, the customer may withdraw from the contract, without incurring payment or damage compensation claims by the hotel. The right to withdraw from a contract expires if the customer does not execute his right to withdraw in writing to the hotel by the agreed date, unless no case of withdrawal by the customer was handed in corresponding with point 1 set. 3.
When the claimed rooms were not used by the customer, the hotel must charge the income from other rentals of the room and also for saved expenses.
The hotel is at liberty to demand the contractually agreed compensation and to a flat rate for the saved expenses. In this case the customer is obligated pay at least 80% of the contractually agreed rate for an overnight stay with or without breakfast, 70% for half- and full board, other package tours as well as food and beverages. This also applies to the other service provision (conference-, banquet rooms and additional services, esp. catering at events). The customer is free to prove that the claim mentioned above was not created or not created in the demanded amount.
V. Withdrawal by the hotel
If the right of free withdrawal by the customer within a certain period of time was agreed upon in writing, the hotel is entitled within this period of time to withdraw from the contract, if enquiries by other customers exist for the contractually booked rooms and the customer, upon inquiry by the hotel, does not waive his right for withdrawal.
If an agreed advance payment or an advance payment demanded in compliance with § 3 para. 6 of these terms and conditions is not paid also after the elapse of an appropriate period of grace set by the hotel, the hotel shall also be entitled to withdraw from the contract.
Furthermore, the hotel is entitled to withdraw from the contract for justifiable reason, e.g. if force major or other circumstances which are not justifiable by the hotel make the fulfillment of the contract impossible; if rooms are booked by giving misleading or wrong information of important facts, e.g. the identity of the customer or the purpose; if the hotel has well-founded reason to expect that the utilization of the services rendered by the hotel may impair the smooth business operation, the security or the image of the hotel in public, but that this cannot be attributed to the management and organization of the hotel; and in case of a violation of § 1 para 2.
The justified withdrawal of the hotel does not entitle the customer to compensation or return of effected payments.
VI. Room Availability
The customer is not entitled to the provision of specific rooms.
Reserved rooms are available to customers from 15:00 on the agreed day of arrival. The customer has no right to earlier provision.
The rooms must be vacated and made available to the hotel not later than 11:00 on the agreed departure day. After that time on the grounds of the delayed vacation of the rooms the hotel may charge 50% of the full list price for their use exceeding the contractual time until 18:00, and 100% after 18:00. He is at liberty to prove that no or a much lesser entitlement to user fee occurred.
Glashütte 27 April, 2007.
Hereby, all previously issued terms and conditions lose their validity.