General terms and conditions
WE REFER TO THE GENERAL TERMS AND CONDITIONS OF DEHOGA:
GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
HOTEL JELLENTRUP (AS OF NOVEMBER 2017).
See also booking conditions and house rules of Hotel Jellentrup.
I. Scope
1. these terms and conditions shall apply to contracts for the rental of
rooms for accommodation, as well as all other services and supplies provided to the customer by the hotel deliveries of the hotel.
2. subletting or reletting the rooms provided as well as their use for purposes other than lodging
accommodation purposes require the prior written consent of the hotel, whereby Section 540
Section 540, Paragraph 1, Sentence 2 of the German Civil Code (BGB) shall be waived insofar as the customer is not a consumer.
3.The customer's terms and conditions shall only apply if this has been expressly agreed in writing in advance agreed upon in writing.
II Conclusion of Contract, Contracting Parties; Statute of Limitations
(1) The contract is concluded by the hotel's acceptance of the customer's application. The
hotel is free to confirm the room reservation in writing.
2.The contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the the hotel together with the customer as joint and several debtors for all obligations arising from the hotel the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
3.All claims against the hotel are generally subject to a limitation period of one year from the beginning of the regular limitation period knowledge-dependent regular limitation period of § 199 para. 1 BGB. Claims for damages shall become statute-barred after five years, irrespective of knowledge. The shortening of the statute of limitations does not apply to claims that are based on an intentional or grossly negligent breach of duty by the hotel.
III Services, Prices, Payment, Offsetting
(1) The hotel is obligated to keep the rooms booked by the customer available and to provide the agreed services to provide the agreed services.
2. the customer is obligated to pay the rates applicable to the provision of the room and the other
the hotel's prices applicable or agreed for the provision of the room and the other services used by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer.
3.The agreed prices include the respective statutory value-added tax. If the period between the conclusion and fulfillment of the contract exceeds four months and if the hotel for such services increases, the hotel may increase the contractually agreed price by a agreed price appropriately, but by no more than 5%.
4. the prices can be further changed by the hotel, if the customer subsequently changes
the number of rooms booked, the hotel's services or the length of the guests' stay, and the hotel agrees and the hotel agrees to this. > Supplement by booking provision / house rules
5. invoices of the hotel are payable on the day of arrival without deduction. The hotel is entitled
to call in accrued claims at any time and to demand immediate payment. In case of
default of payment, the hotel is entitled to charge the respectively applicable statutory default interest in the amount of currently 8% or, in the case of legal transactions involving a consumer, 5% above the base rate above the base interest rate. The hotel reserves the right to prove higher damages.
reserved.
6. the hotel is entitled to demand a reasonable advance payment in the form of a credit card guarantee or security deposit upon conclusion of the contract credit card guarantee or security deposit. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
7.The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
IV. Withdrawal of the customer (i. e. cancellation) / non-utilization of the services of the
Hotel
1) Cancellation by the customer of the contract concluded with the hotel requires the written consent of the hotel consent of the hotel. If this does not take place, the agreed price from the contract is also to be even if the customer does not use contractual services. This does not apply in case of
violation of the hotel's obligation to take into account the rights, legal assets and interests of the
interests of the customer, if it is no longer reasonable to expect the customer to adhere to the contract or if any other other legal or contractual right of withdrawal.
> See also booking conditions Hotel Jellentrup
2) If the hotel and the customer have agreed in writing on a date for withdrawal from the contract free of charge agreed in writing between the hotel and the customer, the customer may withdraw from the contract until then without triggering payment or damage claims by the hotel. The right of withdrawal of the customer expires if the customer does not exercise his right to withdraw from the contract in writing by the agreed date unless a case of withdrawal of the customer according to number 1 sentence 3 exists.
3) in the case of rooms not used by the customer, the hotel shall credit the income from other
the hotel shall offset the income from renting the rooms to other parties as well as the expenses saved.
4)The hotel is free to demand the contractually agreed remuneration and to make a flat-rate deduction for saved expenses.
saved expenses as a lump sum. In this case, the customer is obligated to pay at least 80% of the contractually
of the contractually agreed price for bed and breakfast.
> Supplement by booking provision / house rules
The customer is free to prove that the above-mentioned claim did not arise or did not arise in the
the required amount.
V. Withdrawal of the hotel
1. if the customer's right to withdraw from the contract free of charge within a certain period of time has been period of time, the hotel is entitled to withdraw from the contract within this period of time
if there are requests from other customers for the contractually booked rooms and the customer, upon inquiry by the hotel and the customer does not waive his right of withdrawal upon inquiry by the hotel.
2. if an agreed advance payment or an advance payment demanded in accordance with clause III No. 6 above is not made even after the hotel has set a reasonable grace period, the hotel shall also be entitled to withdraw from the contract..
> Supplement by booking provision / house rules
Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons, for example contract for an objectively justified reason, for example if- force majeure or other circumstances for which the hotel is not responsible make the fulfillment of the contract make it impossible;
- rooms are booked under misleading or false information of essential facts, e.g. in the person of the
customer or the purpose, are booked;
- the hotel has justified reason to believe that the use of the hotel's services would jeopardize
the smooth operation of the business, the safety or the reputation of the hotel in the public
the public, without this being attributable to the hotel's sphere of control or organization.
is to be attributed to the hotel.
- there is a violation of clause I no. 2 above.
4. in the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.
> Supplement by booking provision / house rules
VI. room provision, handover and return
1. the customer does not acquire the right to the provision of certain rooms. 2. the customer has the right to the provision of certain rooms.
2. booked rooms are available to the customer from 14.00 hours on the agreed day of arrival.
The customer has no right to earlier provision.
3. 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.
available to the hotel. Thereafter, the hotel may charge for the delayed vacating of the room for its
use of the room in excess of the contract until 1:00 p.m., 50% of the full accommodation price (list price), from 14.00 o'clock 100%. Contractual claims of the customer are not justified. The customer is at liberty to prove that the hotel has not incurred any or a significantly lower claim for compensation for use has arisen.
> Supplement by booking provision / house rules
VII Liability of the Hotel
The hotel is liable for its obligations under the contract with the diligence of a prudent businessman.
contract. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health, if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty of the negligent breach of duty by the hotel and damages that are based on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty of the hotel is equal to that of a legal representative or vicarious agent. Should disturbances or defects in the services of the hotel, the hotel will make every effort to remedy the defect upon or upon immediate complaint by the customer, the hotel will endeavor to remedy the situation. The customer is obligated to reasonable efforts to remedy the disruption and minimize any possible damage. Damage to a minimum.
2. the hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions the room rate, up to a maximum of 3,500 euros, and for money, securities and valuables up to and valuables up to 800 euros. Money, securities and valuables can be stolen up to a maximum value of value of 3,500 euros (insert sum insured of the hotel) in the hotel or room safe.
room safe. The hotel recommends making use of this possibility. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage, destruction or damage to the hotel without delay (§ 703 BGB). For a further liability of the hotel, the above number 1 sentences 2 to 4 shall apply accordingly.
Insofar as a parking space is made available to the customer in the hotel garage or in a hotel parking lot, even against
parking space is made available to the customer, even for a fee, this does not constitute a custody agreement. In case of
or damage to motor vehicles parked or maneuvered on the hotel's property, the
The hotel shall not be liable for the loss of or damage to motor vehicles parked or maneuvered on the hotel's property and their contents, except in cases of intent or gross negligence.
The above number 1 sentences 2 to 4 apply accordingly.
4. messages, mail and consignments of goods for the guests will be handled with care. The hotel
shall be responsible for the delivery, safekeeping and - upon request - forwarding of the same
against payment. The above number 1 sentences 2 to 4 apply accordingly.
> Supplement by booking provision / house rules
VIII Final Provisions
1. amendments or additions to the contract, the acceptance of the application or these
Terms and Conditions for Hotel Accommodation shall be made in writing. Unilateral changes or
additions by the customer are invalid.
2. place of performance and payment is the registered office of the hotel.
3. the exclusive place of jurisdiction - also for disputes regarding checks and bills of exchange - shall be the registered commercial transactions - shall be the registered office of the hotel. If a contracting party fulfills the requirements of § 38 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered
of the hotel shall be the place of jurisdiction.
4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of excluded.
5. should individual provisions of these general terms and conditions for the hotel accommodation
invalid or void, the validity of the remaining provisions shall not be affected.
provisions shall not be affected. Otherwise, the statutory provisions shall apply.