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1 SCOPE
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided to the customer in this context by Frames Hotel GmbH (hereinafter referred to as “hotel”). The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
1.2 The sub-letting or re-letting of the rooms provided and their use for purposes other than accommodation requires the prior consent of the hotel in writing, with Section 540 paragraph 1 sentence 2 BGB being waived unless the customer is a consumer within the meaning of Section 13 BGB.
1.3 The customer's general terms and conditions only apply if this has been expressly agreed in writing beforehand.
2 CONCLUSION OF CONTRACT, PARTNER, STATUTE OF LIMITATIONS
2.1 The contract partners are the hotel and the customer. The contract is concluded when the hotel accepts the customer's request. The hotel is free to confirm the room booking in text form.
2.2 All claims against the hotel generally expire one year from the start of the statutory limitation period within the meaning of Section 199 (1) BGB. However, claims for damages against the hotel expire at the latest after 3 years, regardless of knowledge, no later than 10 years from the breach of duty.
These limitations do not apply...
— for claims based on intent or gross negligence on the part of the hotel — including its vicarious agents.
— in case of damage caused by negligence resulting from injury to life, limb or health.
In the event of property and financial damage caused by negligence, the shortened limitation periods do not apply in the event of a breach of an essential contractual obligation. Significant contractual obligations are those whose fulfilment shapes the contract and on which the customer may rely.
3 SERVICES, PRICES, PAYMENT, OFFSETTING
3.1 The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
3.2 The customer is obliged to pay the agreed or applicable prices for the provision of rooms and the other services used by him
Hotels to pay. This also applies to services ordered by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel.
3.3 The agreed prices include taxes and local charges applicable at the time the contract is concluded. It does not include local taxes that are owed by the guest himself in accordance with the respective local law, such as tourist tax.
In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local taxes on the subject of the service after conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion of contract and performance of the contract exceeds four months.
3.4 The hotel may make its consent to a subsequent reduction in the number of booked rooms, the service provided by the hotel or the length of stay of the customer subject to an appropriate increase in the price for the rooms and/or for the other services provided by the hotel.
3.5 Invoices from the hotel are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment must — subject to a different agreement — be made within ten days of receipt of the invoice without deduction. If the customer defaults on payment, the legal regulations apply. The hotel reserves the right to prove higher damage.
3.6 When concluding the contract, the hotel is entitled to request an appropriate advance payment or security deposit from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in text form in the contract. In the case of advance payments or security deposits for package holidays, the legal provisions remain unaffected. If the customer defaults on payment, the legal regulations apply.
3.7 In justified cases, such as payment arrears by the customer or extension of the scope of the contract, the hotel is entitled to demand an advance payment or security deposit in accordance with Section 3.6 above or an increase in the advance payment or security agreed in the contract up to the full agreed remuneration.
3.8 The hotel is also entitled to demand an appropriate advance payment or security deposit from the customer at the beginning and during the stay in accordance with Section 3.6 above for existing and future claims arising from the contract, unless such payment has already been made in accordance with Section 3.6 and/or Section 3.7 above.
3.9 The customer can only offset or offset an undisputed or legally binding claim against a claim from the hotel.
3.10 The customer agrees that the invoice can be sent to him electronically.
4 CUSTOMER WITHDRAWAL (CANCELLATION, CANCELLATION)/
NON-USE OF HOTEL SERVICES (NO SHOW)
4.1 The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, there is a legal right of withdrawal or if the hotel expressly agrees to the cancellation of the contract.
4.2 If an appointment has been made between the hotel and the customer to withdraw from the contract free of charge, the customer may withdraw from the contract until then without triggering payment or compensation claims from the hotel.
4.3 If a right of withdrawal has not been agreed or has already expired, there is also no legal right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel remains entitled to the agreed remuneration despite failure to use the service. The hotel must offset the income from renting out the rooms to other parties and the expenses saved.
If the rooms are not rented out elsewhere, the hotel can lump sum the deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast and for package arrangements with third-party services, 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.
If the rooms are not rented out elsewhere, the hotel can charge 100% of the contractually agreed remuneration.
4.4 If the hotel specifically calculates the compensation, the amount of the compensation is at most the amount of the contractually agreed price for the service to be provided by the hotel, minus the value of the expenses saved by the hotel and what the hotel acquires through other uses of the hotel services.
4.5 The above compensation regulations apply mutatis mutandis if the guest does not make use of the booked room or the booked services without giving notice in good time (no show).
4.6 The hotel is entitled to charge the guest for the agreed remuneration minus the lump sum saved expenses and withhold from the deposit, provided that this has been made.
5 WITHDRAWAL BY THE HOTEL
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is in turn entitled to withdraw from the contract in writing free of charge if there are inquiries from other customers about the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry from the hotel with a reasonable deadline. This applies mutatis mutandis when an option is granted, if there are other inquiries and the customer is not prepared to make a fixed booking upon request from the hotel within a reasonable period of time.
5.2 If an advance payment or security deposit agreed or required in accordance with Section 3.6 and/or Section 3.7 is not made even after a reasonable period of grace set by the hotel has elapsed, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for objectively justified reasons, 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 are culpably booked with misleading or false information or concealment of essential facts; the identity of the customer, the ability to pay or the purpose of the stay may be essential;
- the hotel has reasonable cause to believe that the claim
the service may jeopardize the smooth operation, safety or public reputation of the hotel without this being attributable to the hotel's sphere of control or organization;
- the purpose or reason of the stay is illegal;
- there is a violation of the above mentioned point 1.2.
- the hotel has banned the guest from entering the house
5.4 The justified withdrawal by the hotel does not give rise to any claim by the customer to
compensation.
6 ROOM DELIVERY, HANDOVER AND RETURN
6.1 The customer is not entitled to the provision of specific rooms unless this has been expressly agreed in writing.
6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier provision.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 10:00 a.m. The hotel may then charge a corresponding amount (price in accordance with the price schedule) for its use beyond the contract until 13:00 due to the late vacancy of the room.
This does not justify the customer's contractual claims. He is free to prove that the hotel has no or significantly lower claim to a usage fee.
7 LIABILITY OF THE HOTEL
7.1 The hotel is liable for damage due to injury to life, limb or health for which it is responsible. It is also liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or an intentional or negligent breach of typical contractual obligations of the hotel. Duties typical of the contract are those obligations which make the proper execution of the contract possible in the first place and on whose fulfilment the customer trusts and may rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this Section 7. Should faults or deficiencies occur in the hotel's services, the hotel will endeavour to remedy the situation upon becoming aware of or immediately complaining from the customer. The customer is obliged to do what is reasonable to rectify the fault and to keep potential damage to a minimum, and to immediately report any faults or damage to the hotel.
7.2 The hotel is liable to the customer for items brought in in in in in accordance with legal provisions. The hotel recommends using the hotel or room safe. If the customer wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
7.3 Insofar as a parking space is made available to the customer in the hotel garage or in the hotel parking lot, also for a fee, no custody contract is concluded as a result. If motor vehicles parked or shunted on the hotel property and their contents are lost or damaged, the hotel is only liable in accordance with the above section 7.1.
7.4 Wake-up calls are carried out by the hotel with great care. Messages for customers are handled with care. After prior arrangement with the customer, the hotel can accept, store and — upon request — forward mail and goods for a fee. The hotel is only liable in accordance with Section 7.1 above.
8 FINAL PROVISIONS
8.1 Amendments and additions to the contract, application acceptance or these general terms and conditions should be made in text form. Unilateral changes or additions are ineffective.
8.2 The place of fulfilment and payment as well as the exclusive place of jurisdiction — including for check and bill of exchange disputes — is 56218 Mülheim-Kärlich. If the customer meets the requirements of Section 38 paragraph 2 of the Code of Civil Procedure and has no general place of jurisdiction in Germany, the place of jurisdiction is 56218 Mülheim-Kärlich
8.3 German law applies. The application of UN sales law is excluded.
8.4 In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (“OS platform”):
http://ec.europa.eu/consumers/odr/
However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.
