Terms and Conditions
General terms and conditions for the hotel accommodation contract of
Akzent Hotel Oberhausen
A) Scope
1.
These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided by the hotel for the customer.
2.
The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel. As far as the customer is not a consumer, the regulations of § 540 Abs. 1 S. 2 BGB are waived.
3.
The customer’s terms and conditions only apply if this has been expressly agreed in writing beforehand.
B) Conclusion of contract, contract partner, statute of limitations
1.
The contract is concluded when the hotel accepts the customer’s offer. The hotel is free to confirm the room booking in writing.
2.
The hotel and the customer are contractual partners. If a third party has ordered for the customer, he and the customer are jointly and severally liable to the hotel for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
3.
All claims against the hotel become statute-barred one year from the beginning of the knowledge-dependent regular limitation period of Section 199 (1) BGB. Claims for damages become statute-barred after five years regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
C) Services, prices, payment, offsetting
1.
The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2.
The customer is obliged to pay the applicable or agreed hotel prices for rooms provided and for other services used by him. This also applies to services and expenses of the hotel to third parties caused by the customer.
3.
The agreed prices include the respective statutory value added tax.
4th
If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel can increase the contractually agreed price appropriately, but no more than 5%.
5.
The prices can also be changed by the hotel if the customer subsequently wishes to change the number of rooms booked, the hotel’s services or the length of stay of the guests and the hotel agrees to this.
6th
Hotel invoices without a due date are payable within ten days of receipt of the invoice without deduction. The hotel is entitled to make accrued claims due at any time and to demand immediate payment. In the event of default in payment, the hotel is entitled to charge interest at a rate of 8 percentage points above the respective base rate or, in the case of legal transactions in which a consumer is involved, at a rate of 5 percentage points above the respective base rate. The hotel reserves the right to provide evidence of higher damage.
7th
The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
8th.
The customer can only offset or reduce an undisputed or legally binding claim against a claim by the hotel or assert a right of retention.
D) Resignation of the customer
1.
Cancellation by the customer of the contract concluded with the hotel requires the hotel’s written consent. If this is not done, the price agreed in the contract must be paid even if the customer makes use of the contractual services. This does not apply in the event of a breach of the hotel’s obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer be expected to adhere to the contract or if he has any other statutory or contractual right of withdrawal.
2.
If a date to withdraw from the contract has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract until then without triggering payment or damage claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date, unless there is a case of withdrawal in accordance with D) No. 1 last sentence of the customer.
3.
In the case of rooms not used by the customer, the hotel must offset the income from renting the rooms to other parties as well as the saved expenses.
4th
The hotel is free to charge a flat rate for the damage it incurs and for which the customer is responsible. The customer is then obliged to pay at least 80% of the contractually agreed amount
agreed price for overnight stays with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
E) Resignation of the hotel
1.
If it has been agreed in writing that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer requests the hotel does not waive his right to withdraw.
2.
If an agreed advance payment or security deposit required under these terms and conditions is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
3.
Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justified reason, in particular if
♣ force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
♣ Rooms or rooms culpably providing misleading or false information about essential contractual facts, e.g. B. be booked for the person of the customer or for the purpose of the stay;
♣ the hotel has justified reason to believe that the use of the hotel’s services may endanger the smooth business operations, security or public image of the hotel without this being attributable to the hotel’s sphere of control or organization;
♣ the purpose or the reason for the stay is illegal;
♣ there is a violation of A) section 2) of these terms and conditions.
4th
If the hotel is justified in withdrawing from the contract, the customer has no right to compensation.
F) Room provision, handover and return
1.
The customer does not acquire the right to be provided specific rooms, unless this has been expressly agreed in writing.
2.
Booked rooms are available to the customer from 2 p.m. on the day of arrival. The customer has no right to earlier availability.
3.
On the agreed departure date, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest. Thereafter, due to the late vacating of the room, the hotel can charge 50% of the full accommodation price (list price) for use beyond the contract up to 6 p.m., and 100% from 6 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim for usage fee.
G) Hotel liability
1.
The hotel is liable for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damage resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damage that is based on an intentional or grossly negligent breach of duty by the hotel and damage that is based on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or deficiencies in the hotel’s services occur, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
2.
The hotel is liable to the customer for items brought in according to the statutory provisions. According to this, liability is limited to one hundred times the room rate, however a maximum of EUR 3,500 and, in deviation for money, securities and valuables, a maximum of EUR 800. Money, securities and valuables up to a maximum value of EUR 800 can be stored in the hotel safe. The hotel recommends that you use this option.
3.
If the customer is provided with a parking space, even for a fee, this does not result in a safekeeping contract. The hotel is not liable in the event of loss or damage to the property of parked or maneuvered vehicles and their contents on the hotel property or property made available by the hotel, except in the case of intent or gross negligence. For the exclusion of the customer’s claims for damages, the regulation of the preceding number 1), sentences 2 to 4 applies accordingly.
4th
Wake-up calls are carried out by the hotel with great care. Claims for damages, except for gross negligence or intent, are excluded.
5.
Messages, mail and merchandise deliveries for guests are handled with care. The hotel takes over the delivery, storage and – on request – forwarding of the for a fee
the same. For the exclusion of claims for damages by the customer, the regulation of the above number 1), sentences 2 to 4 applies accordingly.
H) Improper behavior by the guest
1.
The hotel is a non-smoking hotel. Smoking is prohibited in the entire hotel, especially in the rooms. It is only permitted in the smoking room on the top floor. The ban on smoking in the rooms also includes smoking in the form that the customer leans out of an open window and the cigarette is outside the building.
Smoking is not permitted on the balconies either.
In the event of a violation of the smoking ban, the hotel is entitled to claims for damages due to the considerable cleaning costs based thereon, which amount to a flat rate of EUR 200. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
2.
The hotel does not have a pool. The use of the pool located in the hotel courtyard but not belonging to the hotel is prohibited. The unauthorized use of the pool leads to a claim for damages in the amount of a flat rate of EUR 800, as the pool must be completely cleaned after unauthorized use. The customer is free to prove to the hotel that the hotel incurred no or significantly less damage.
3.
The use of the fire safety equipment, especially the fire escape, is only permitted in emergencies. The fire escape is also covered by the smoking ban.
I) Hotel facilities
1.
The use of the fitness room and the use of the equipment is at your own risk. The hotel’s liability is limited in accordance with G of these terms and conditions.
The guest has no right to the fact that the fitness room or certain devices are actually available.
2.
Use of the smoking room on the top floor is at your own risk. The hotel’s liability is limited in accordance with G of these terms and conditions.
The guest has no right to the fact that the smoking room is actually available.
3.
There are washing machines and dryers on the premises of the hotel. Use at your own risk. The hotel’s liability is limited in accordance with G of these terms and conditions. The guest has no right to the fact that these rooms or certain devices are actually available.
The use of these devices is only permitted between 9 a.m. and 10 p.m. The use of these devices is chargeable and the corresponding tokens can be purchased at reception.
The hotel provides WLAN Internet access. The separate “Terms of Use WLAN Hotspot” apply to the use of this access.
4th
The use of the parking spaces is at your own risk, in particular there is no winter service.
J) Final provisions
1.
Changes and additions to the contract, the acceptance of the contract or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes and additions by the customer are ineffective.
2.
The place of fulfillment and payment is the seat of the hotel, i.e. Oberhausen.
3.
The exclusive place of jurisdiction – also for check and bill of exchange disputes – is the seat of the hotel in commercial transactions. If a contractual partner fulfills the requirement of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the seat of the hotel.
4th
German law applies. The application of the UN sales law and the conflict of laws is excluded.
5.
Should individual provisions of these general terms and conditions for hotel accommodation be or become invalid or void, this shall not affect the validity of the other provisions. In addition, the statutory provisions apply.