1. These business terms are valid for contracts for letting hotel rooms as accommodation as well as for all further services and deliverables of the hotel performed for the customer.
2. The sub-letting and re-letting of the rooms provided as well as their use for other purposes than accommodation require the prior written consent of the hotel, whereby § 540 par. 1 sent. 2 BGB („Bürgerliches Gesetzbuch“= German Civil Code) is waived as far as the customer is not a consumer.
3. Individual business agreements initiated by the customer only apply if prior written consent has explicitly been given.
II. Contract Conclusion, Contract Partner; Limitation Period
1. The contract comes into existence through the acceptance of the customer's application by the hotel. The hotel is free to confirm a room reservation in writing.
2. Contractual partners are the hotel and the customer. If a third party has ordered for the customer, it takes joint and several liability to the hotel together with the customer for all obligations stated in the customer's application as far as the hotel is in possession of a corresponding declaration of the third party.
3. All claims against the hotel basically lapse after a year from the beginning of the regular limitation period of § 199 par. 1 BGB, also depending on when persons concerned are informed. Damage claims are, independent of when persons are informed, limited and lapse after five years. The cuts of limitation periods are not applicable to claims that rest on a violation of duty that was committed through intent or gross neglicence of the hotel.
III. Performances, Prices, Payment, Offsetting
1. The hotel is obliged to keep ready the rooms booked by the customer and to perform the services agreed upon.
2. The customer is obliged to pay the hotel prices for letting the rooms and for the further services made use of as valid and agreed upon. This also applies for services requested by the customer and expinditure of the hotel to third parties.
3. The agreed prices include the corresponding legal VAT (value added tax). If the period between contract conclusion and contractual performance exceeds four months and if the price calculated generally for such services by the hotel goes up, this can raise the contractually agreed price appropriately, but at a maximum of 5 %.
4. Further, the prices can be changed by the hotel if the customer subsequently wishes changes in the number of the rooms booked, the performance of the hotel or the duration of the stay of the guests, and the hotel agrees with it.
5. Invoices of the hotel without due date are payable within 10 days from delivery without discount. The hotel is entitled to declare claims that have arisen due at any time and demand payment without delay. In case of default of payment, the hotel is entitled to demand legal interest of arrears of currently 8 %, and with legal transactions where a consumer is involved of 5 % above the basic interest rate. The hotel keeps a higher damage reserved against proof.
6. On conclusion of the contract or thereafter and considering legal regulations for package tours, the hotel is entitled to demand an appropriate advance payment or security. The amount of the advance payment and the payment targets can be agreed upon in the written contract.
7. The customer can offset or reduce only an indisputed or legally binding claim against a claim of the hotel.
IV. Rescission of Customer (i.e. Cancellation) / Rejection of the Hotel Services
1. A rescission of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this does not happen, the price agreed in the contract has to be paid also if the customer does not make use of contractual services. This does not apply if the hotel violates its obligation to respect rights, legal and other interests of the customers, if it is not reasonable for the customer to adhere to the contract, or if the customer can rely on another legal or contractual right of rescission.
2. As far as a deadline for a free withdrawal from the contract has been agreed upon in writing between the hotel and the customer, the customer can withdraw up to that date without releasing claims for payment or damage on part of the hotel. The right of the customers to withdraw expires if they do not exercise their rescission right towards the hotel in writing until the agreed date, unless there is a case of withdrawal of the customers according to number 1 sentence 3.
3. If booked rooms have not been used by customers, the hotel has to count the revenues from other letting of rooms as well as the saved expenditure towards the booked price.
4. The hotel is free to demand the contractually agreed sum and calculate lump sums of the reduction for saved expenditures. In this case, the customer is obliged to pay at least 90 % of the contractually agreed price for staying overnight with or without breakfast. The customer is free to prove that the above-mentioned claim has not existed or at least not to the amount demanded.
V. Hotel Withdrawal
1. As far as a right of withdrawal free of charge for the customer has been agreed within a certain period, the hotel itself is entitled in this period to withdraw from the contract if there are requests from other customers for the contractually booked rooms and the customer, upon request of the hotel, will not relinquish his right of withdrawal.
2. If an agreed or (according to clause III No. 6) demanded advance payment is not made even after an appropriate period of grace set by the hotel has passed, the hotel, too, is entitled to withdraw from the contract.
3. Further, the hotel is entitled to withdraw from the contract for extraordinary legitimate reasons, for example if
• act of nature beyond control or other circumstances for which the hotel cannot be held responsible make it impossible to fulfil the contract;
• rooms are booked with a misleading or false indication of vital facts, e.g. with regard to the character of the customer or the purpose of booking;
• the hotel has reasonable grounds for believing that the use of the hotel services can endanger the smooth running of the business, the safety or the public image of the hotel, as it is beyond managerial and organisational scope and responsibility of the hotel.
• there is a violation against clause I no. 2.
4. In the case of a legitimate withdrawal of the hotel, no claim of damage on part of the customer may arise.
VI. Getting Ready, Handing Over and Returning Booked Rooms
1. The customer acquires no claim for the provision of certain rooms.
2. Booked rooms are available for the customer from 2:30 p.m. of the arranged day of arrival. The customer cannot claim an earlier provision of the room.
3. On the agreed day of departure, the rooms have to be made available to the hotel in a tidied-up state at 10:30 a.m. at the latest. After that point of time, due to the delayed leave of the room, the hotel may invoice for the use of the room up to 6:00 p.m. 50% of the full accomodation price, and 100 % as of 6:00 p.m. Contractual claims of the customer are not touched by this. The customer is free to prove that no or a considerably lower claim towards a compensation of use has arisen.
4. If the customer loses or does not return the key, a fee of 5 € is due!
5. For driving there beyond opening hours and causing damage, such as having forgotten the key in the room, we demand a fee of € 50.-.
6. Bringing pets unpermitted will be punished with a fine of 100.- € and a house ban.
VII. Hotel Liability
1. The hotel warrants with the care of a prudent business merchant for its obligations from the contract. Claims of customers for damage liability are excluded. Excepted herefrom are damages from injuries of your body or damages to your health if the hotel has to bear the duty violation, other damages based on intent or gross neglicence through the hotel, and damages resting on injuries caused by intent or gross neglicence of typical contractual hotel obligations. A duty violation of the hotel matches one of a legal representative or vicarious agent. Should disturbances or deficiencies in the services of the hotel occur, the hotel will, when this is known or immediately complained about by the customer, take efforts to solve the problem. The customer is obliged to contribute the possible to eliminate the trouble and keep a potential damage low.
2. According to legal regulations, the hotel is liable to the customer for objects brought in – it is the room price up to one hundred times, a maximum of € 3.500, as well as for money, securities and other valuables of up to € 800.-
3. Wake-up orders are executed by the hotel with the greatest care. News, mail and shipped goods for the guests are handled with care, too. The hotel takes over the postal delivery, the safe-keeping and – on request – the forwarding of goods, which is charged. Aforementioned number 1 sentences 2 to 4 apply correspondingly.
VIII. Liability of the Guest
1. The guest has to treat the hotel room smoothly and with care.
2. Children under 14 years have to be taken care of at any time during their stay in the hotel by an adult guest.
3. The guest is liable for direct and indirect damages caused. Examples are, even with simple neglicence: Among other things, all kinds of uncleanliness beyond usual standards, all damages as well as fire alarm costs possibly arising during your stay in the hotel room.
4. The use of electronic appliances, such as waterboilers, irons and hair driers brought by the guests, are not permitted for technical reasons of fire protection. If costs arise due to the use of such appliances, e.g. for fire alarm, damage to the inventory, the guest is fully liable.
5. The guest is fully liable for damages (renovation) as well as consequences (loss of rent) due to disregard of the smoking ban.
6. Disregarding the smoking ban will be fined € 100.
7. Dogs may only be acccomodated to prior written consent of the hotel in predetermined rooms for an agreed fee.
8. Dog owners will be fully charged for damages to hotel property (e.g. mattresses or boards) caused by their dogs.
VIII. Final Regulations
1. Modifications or supplements to the contract, of the acceptance of application or of these business terms for acceptance of the hotel should be made in writing. Unilateral modifications or supplements through the customer are ineffective.
2. Place of performance and jurisdiction as well as place of payment is the hotel residence.
3. The sole court of jurisdiction in commercial business – including cheque and exchange disputes – is the hotel residence. As far as a contractual partner fulfils the prerequisites of §38 par. 2 ZPO (Zivilprozessordnung = Code of Civil Procedures) and has no general legal venue in the country, the court of jurisdiction is the hotel residence.
4. German law applies. Applying UN purchase law and collision law are excluded.
5. Should single regulations of these General Business terms for the admission of guests in the hotel be or become ineffective or void, the effectivity of the other regulations is seen to be untouched. Apart from that, legal rules apply.
We wish you a convenient stay at the Coffee Fellows Hotel.
Your Board of Directors.
(Translator: Erhard Kressierer – 02.07.2018)