Terms and conditions

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Terms and conditions

TERMS AND CONDITIONS FOR HOTEL ACCOMMODATION CONTRACTS with the Hotel Hennies GmbH & Co.KG

1. SCOPE OF APPLICABILITY

1.1 These Terms and Conditions cover contracts for the rental of hotel rooms for accommodation and all services provided in this context (Hotel Accommodation Contract). The term "Hotel Accommodation Contract" comprises and replaces the following terms: accommodation, lodging, hotel, hotel room contract.

1.2 The subletting or re-letting of the rooms and their use for purposes other than accommodation require the prior consent of the hotel in writing, § 540 ex-sentence 1 sentence 2 BGB is waived if the customer is not a consumer.

1.3 Terms and conditions of the customer shall only apply if this has been explicitly agreed beforehand.

2 CONCLUSION OF CONTRACT, PARTIES, LIMITATIONS

2.1 Contractual partners are the hotel and the customer. The contract is concluded by the acceptance of the request of the customer by the hotel. The hotel is at liberty to confirm the room reservation in writing.

2.2 All claims against the hotel expire within one year from the statutory limitation period. This does not apply to claims for damages and other claims, where the latter is based on a deliberate or grossly negligent breach of obligation.

3 SERVICES, PRICES, PAYMENTS, SET-OFF

3.1 The hotel is obligated to keep the booked rooms and to provide the agreed services.

3.2 The customer is obligated to pay the agreed or applicable rates for rooms/services provided and used by him/her. This also applies to the customer directly or through the hotel mandated services that are provided by third parties and incurred by the hotel.

3.3 The agreed prices include all taxes and local taxes in effect at the time of the conclusion of contract. This does not include locally levied taxes, which are owed by the guest himself according to the particular municipal law, such as visitor’s tax. If the statutory value added tax is changed or if local taxes concerning the rooms and services are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted. This only applies to contracts concluded with consumers, if four months have passed between the conclusion and fulfilment of the contract.
3.4 In case of the reduction of hotel rooms or change of duration of the stay, the hotel has the right to change rates for hotel rooms and services.

3.5 Hotel invoices without a payment date are due within ten days from receipt of the invoice without deduction. The hotel may demand immediate payment of overdue receivables at any time by the customer. In default of payment the legal regulations apply. The hotel reserves the right to prove higher damages.

3.6 When concluding a contract, the hotel is entitled to demand a reasonable advanced payment or security, for example in the form of a credit card as a guarantee. The amount of the advance payment and payment dates may be agreed in the contract in writing. With advance payments or security deposits for package tours, the statutory provisions shall remain unaffected. In default of payment the legal regulations apply.

3.7 In justified cases, e.g. the customer’s default in payment or expansion of the scope of the contract, the hotel shall be entitled, also after the conclusion of the contract up to the commencement of the stay, to demand an advance payment or a security within the meaning of the above-mentioned No. 3.6 or an increase of the advance payment or a security agreed in the contract up to the total agreed remuneration.
3.8 The hotel is entitled, at the beginning and during the customer's stay to demand a reasonable advanced payment or security deposit according to the paragraph 3.6, if this has not already been according to the above paragraph 3.6 and / or point 3.7.

3.9 The customer may only offset undisputed or legally binding claim against a claim by the hotel or charge.

4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION, ANNULMENT) / FAILURE TO USE HOTEL SERVICES (NO SHOW)

4.1 In case of cancellation by the customer with up to 6 months before the agreed date of accommodation, rooms can be released without charge.
In case of cancellation in the period from 6 months up to 3 months before the agreed date of accommodation, 30% of the agreed room rate is to be paid by the customer.
In case of cancellation in the period from 3 months to 1 month before the agreed date of accommodation 60 % of the agreed room rate is to be paid by the customer.
If the withdrawal of the customer within a period of less than one month before the agreed date of accommodation, or in case of a No Show, the customer pays 80% of the agreed room rate. The cancellation shall be submitted in writing.

The customer can only withdraw from the contract concluded with the hotel, if a right of withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal exists or if the hotel gives its explicit consent to the withdrawal. The contractual agreement of a right of withdrawal as well as the consent to withdrawal from the contract shall be in written from.
4.2 Insofar as the hotel and customer have agreed upon a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal shall expire, if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
4.3 The hotel is entitled to the contractually agreed rate even if the rooms are not used, if a contractual right of withdrawal was not agreed or has expired, a statutory right of withdrawal or cancellation is not given and the hotel does not give its consent to the cancellation of the contract. The hotel must credit the income from renting the rooms to other parties as well as for saved expenses. If the rooms are not rented otherwise, the hotel can demand the contractually agreed rate and assess a lump sum for the saved expenses of the hotel. In this case, the customer is obligated to pay at least 90 % of the contractually agreed rate for lodging.
5 CANCELLATION BY HOTEL

5.1 If it was agreed that the customer may withdraw from the contract free of charge within the agreed timeframe, the hotel is entitled for its part in this period, to withdraw from the contract if there are inquiries from other customers regarding the contractually reserved rooms and upon inquiry of the hotel not dispense with reasonable notice of his right to withdraw.

5.2 If an agreed advance payment or an advance payment or a security demanded pursuant to No.3.6 and/or No.3.7 is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.

5.3 In addition, the hotel is entitled to rescind the contract for the following justifiable reasons:
    force majeure or other circumstances beyond the hotel’s control render the fulfillment of the contract impossible;
    rooms or spaces are reserved with culpably misleading or false information or concealment regarding essential facts; the identity or solvency of the customer or the purpose of his stay can constitute essential facts;
    the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization;
    the purpose or the cause of the stay is illegal;
    there is a breach of the above-mentioned No.1.2

5.4 The justified withdrawal by the hotel constitutes no claims for damages for the customer.
6 ROOM AVAILABILITY, DELIVERY AND RETURN

6.1 The customer has no right to be provided specific rooms, as long as this has not specifically been agreed.

6.2 Reserved rooms are available to the customer from 14:00 pm on the agreed day of arrival. The customer has no right to earlier availability.

6.3 Rooms must be vacated and made available to the hotel no later than 11:00 am on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the hotel may charge 50% of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 90%). Contractual claims of the customer shall not be established hereby. The customer is at liberty to prove that the hotel has no or a much lower claim for charges for use of the room.
7 LIABILITY OF THE HOTEL

7.1 The hotel is liable for harm inflicted on life, limb and physical health. Further it is liable for other damage caused with full intent or gross negligence or due to intentional or grossly negligent violation of obligations typical for the contract. A breach of obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or vicarious agent. All other claims for damages are excluded, if not determined differently in this No. 7. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection by the customer made without undue delay. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.
7.2 For property brought into the Hotel, the Hotel is liable to the customer in accordance with statutory provisions. The hotel recommends the use of the safes. If money, securities, valuables with a value of more than 800 euro or other things with a value of more than 3,500 euros are brought into the Hotel, a separate storage agreement is to be agreed with the hotel.

7.3 If the customer has a parking space in the hotel parking lot, even if a fee is provided, this does not constitute a safekeeping agreement. For any loss or damage to the parked motor vehicles and their contents on the hotels property, the hotel is only liable in accordance with paragraph 7.1, Clauses 1 to 4. FIG.

7.4 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 - on request - for a fee forward thereof. The hotel is only liable in accordance with paragraph 7.1, Clauses 1 to 4. FIG.

8 FINAL PROVISIONS

8.1 Changes and additions to the contract, the acceptance of these General Terms and Conditions should be made in writing. Unilateral changes or additions by the customer are invalid.

8.2 Performance and payment as well as exclusive jurisdiction - also for check and exchange-disputes for commercial transactions is Altwarmbüchen. If the contracting party fulfills the requirements of § 38 paragraph 2 ZPO and has no general jurisdiction in Germany, the location for court is in Altwarmbüchen.

8.3 The contract is governed by and shall be construed in accordance with German law. The application of the UN Convention on the International Sale of Goods and Conflict Law are precluded.
8.4 Should any provision of these terms and conditions be invalid or void, the validity of the remaining provisions shall not be affected. Otherwise, the statutory provisions apply.

© Hotelverband Deutschland (IHA) e.V.  Stand: November 2014
The German version of our Terms & Conditions takes precedence over the English version. In case of doubt, the German version shall be taken as reference

Hotel Hennies

Hannoversche Straße 40

30916 Isernhagen

Tel.: 0511 – 9 01 80

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