Terms & Conditions
General Terms and Conditions for the accommodation contract of Hotel BelAhr.
I. Scope
1. These terms and conditions outline the contractual agreement between Hotel BelAhr and its customers. All services that Hotel BelAhr offer will be governed by these terms and conditions.
2. The subletting or letting of rooms and their use for purposes other than accommodation require the prior written consent of the hotel. According to § 540 paragraph 1 sentence 2 BGB can be waived if the customer is not the consumer.
3. Customers Terms and Conditions apply only if agreed to explicitly in advance and in writing.
II. Contractual Agreement, Parties, Statute of Limitations
1. The contract concludes as soon as a customer accepts the hotel services that they have requested. The hotel is free to confirm the room reservation in writing.
2. Contracting parties are the hotel and the customer. Liabilities can be extended to third parties if they placed the order for the customer; providing the hotel has a corresponding statement of the third party they share all obligations outlined in the accommodation contract.
3. All claims against the hotel shall lapse one year from the commencement of the knowledge-dependent statute of limitations of § 199 paragraph 1 BGB. Damage claims shall be waived independently of pre-knowledge within in five years. The limitation periods do not apply to claims based on intentional or grossly negligent breach of obligations by the hotel.
III. Services, prices, payment, settlement
1. The hotel is obligated to keep the rooms booked by the customer and to provide the agreed services.
2. The customer is liable to pay the applicable hotel fees or previously agreed to fees for accommodation or any other services that have been provided by the hotel and accepted by the customer. This obligation also applies to any third party providing the services of the hotel to others.
3. The agreed prices include applicable VAT. If the period between agreement of the contract and fulfillment exceeds four months and if the rate generally charged for such services increases, this can increase the contractually agreed price accordingly, but will be limited to a maximum of 5%.
4. The hotel can change the prices if the customer later changes the number of reserved rooms, the hotel’s services or the duration of stay of the Guests and the Hotel agrees to this.
5. Hotel bills without a due date are due within 10 days from receiving the invoice without deduction. The hotel is entitled to charge for accumulating accounts at any time and to require immediate payment. If payment is delayed, the hotel is entitled to charge the currently legal statutory interest rate of 8%, or in the case that a consumer is involved in legal transactions to demand a rate of 5% above the base rate. The hotel reserves the right to prove greater Damage.
6. In regards to legal obligations for package tours and logistical services the hotel reserves the right, once a contract has been accepted, to request a reasonable advance payment or security. The amount of advance payment and payment dates may be agreed in the contract.
7. The customer may only offset or reduce an undisputed or legally valid claim against a claim by the hotel.
IV. Repudiation by Customer (i.e. Cancellation, Annulment) / Failure to Use the Hotel Services
1. Cancellation by the customer after the acceptance of a contract with the hotel requires the written consent of the hotel. If no written consent is given, then the price agreed to in the contract must be paid even if the customer does not claim the services of the contractual agreement. This does not apply to infringements of the obligation of the hotel to take into account any legal rights and interests of the client if this is no longer reasonable to adhere to the contract or another statutory or contractual cancellation right.
2. Provided a date for free withdrawal from the contract was agreed to in writing between the hotel and the customer; the customer may withdraw from the contract without facing any other charges, payment or compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right on the agreed date for withdrawal in writing to the hotel; provided there is not a case of resignation of the customers as referred to in paragraph 1 sentence 3.
3. If the customer does not claim booked rooms, the hotel reserves the right to rent the rooms to others and to apply the savings or expenses to the customers existing bill.
4. The hotel reserves the right to demand the contractually agreed compensation and to round up the deduction for saved expenses. The customer is therefore obliged to pay a minimum of 90% of the contractually agreed rate for lodging with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer has the right to prove that the claim mentioned above was not created or not applicable in the required amount.
V. Withdrawal of the hotel
1. If a cost-free cancellation request between the customer and the hotel is agreed to in writing within a certain period, the hotel is also entitled to rescind the contract if there are any inquiries from other customers regarding the contractually reserved rooms, and the customer when asked by the hotel does not withdraw his right.
2. Under clause III No. 6 the hotel is entitled to withdraw from the contract if a payment is not made within a reasonable grace period that has been set by the hotel.
3. Under exceptional circumstance the hotel is entitled to cancel the contract, if any of the following examples are applicable.
• In the case of an assault or any other circumstances that jeopardizes the fulfillment of the contractual agreement.
• If rooms are reserved with misleading or false statements of material facts, such as false names of the customer or the purpose of the booking.
• If the hotel has justified cause to believe that the use of the hotel’s services might jeopardize the smooth operation of the safety or reputation of the hotel in public, without being attributable to the Organization of the hotel.
• In the case of a breach of clause I, No. 2.
4. In case of a justified cancellation by the hotel the customer is not entitle for damages.
VI. Room Availability, Delivery and Return
1. The customer has no right to be provided specific rooms.
2. Reserved rooms are available to the customer from 2:00 pm on the agreed day of arrival. The customer has no right to earlier availability.
3. On the agreed day of departure the rooms must be vacated by 10.00 am. In case of a delayed departure of a room, the hotel has the right to charge 50% of the full accommodation rate (list price), extending the contractual end to 6:00 pm. The hotel will charge 100% of the contractual accommodation rate if a room occupation exceeds 6:00 pm. The customer is at liberty to provide evidence that the hotel has no or much lesser damages incurred.
VII. Liability of the Hotel
1. The hotel is liable for its obligations under the contract. Customer claims for damages are excluded. This excludes damage from injury to life, limb or health where the hotel is responsible for the breach of duty, other damages based on intentional or grossly negligent breach of obligations and damage caused by a willful or negligent violation of typical contractual obligations of the Hotel. A breach of obligations by the hotel is equal to a legal representative or vicarious agent. Should disruptions or defects in the performance of the hotel occur; the hotel is responsible to provide a relevant remedy. The customer is obligated to contribute reasonable responsibility towards eliminating the disruption and to minimize any possible damage.
2. For property brought into the hotel the customer is liable under the statutory provisions, i.e. up to one hundred times the room rate, not exceeding € 3,500, for cash, securities and valuables up to € 800, securities and valuables up to a maximum value stored in the Hotel from € 4,000. The hotel recommends that guests utilize this possibility. Liability claims expire unless the customer informs the hotel of the loss, destruction or damage immediately (§ 703 BGB). For a more extensive liability of the hotel, paragraph 1 Sentence 2 to 4 shall apply.
3. If the customer is provided with a parking space in the hotel garage or in a hotel parking lot, even if a charge is made available, this does not constitute a safekeeping agreement. In case of loss or damage of property and motor vehicles parked on the hotels premises, the hotel is not liable, except for willful misconduct or gross negligence. Paragraph 1, sentences 2 to 4 apply accordingly.
4. Wake-up calls are carried out with the utmost care. Messages, mail and merchandise deliveries for guests are handled with care. The hotel will deliver, hold, and – upon request – for a fee forward such items. Paragraph 1, sentences 2 to 4 apply accordingly.
VIII. Final Provisions
1. Changes or additions to the contract, the acceptance of these Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral amendments and supplements by the customer are not valid.
2. Performance and payment is the location of the hotel.
3. The exclusive jurisdiction – also for check and exchange disputes – for commercial transactions is the hotel. If a contracting party fulfills the requirements of ZPO § 38 paragraphs 2, and has no general jurisdiction in the country, the courts are the location of the hotel.
4. German law applies. The application of the UN purchase act and the conflict of laws are precluded.
5. If any provisions of these Terms and Conditions for Hotel Accommodation become invalid or void, the validity of the remaining provisions shall not be affected. This contract applies within the statutory provisions and lawful regulations.