General terms and conditions for the hotel accommodation contract Qube Bahnstadt
first These terms and conditions apply to contracts for the rental provision of hotel rooms for accommodation, as well as all other services and deliveries provided by the Qube Hotel, hereinafter referred to as the hotel.
second The subletting or subletting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel, whereby section 540 (1) sentence 2 BGB is waived unless the customer is a consumer.
3rd The customer's terms and conditions only apply if this has been expressly agreed in writing beforehand.II.contracting.-partner, statute of limitations
first The contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the room booking in writing.
second The contractual partners are the hotel and the customer. If a third party has ordered for the customer, he is liable towards the hotel together with the customer as joint debtor for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.
3rd In principle, all claims against the hotel become statute-barred one year from the start of the knowledge-dependent period of limitation according to § 199 Paragraph 1 BGB. Claims for damages become statute-barred after five years. The limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.III. Services, prices; Payment; On Bill
1. The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
2. The customer is obliged to pay the hotel's applicable or agreed prices for the provision of rooms and the other services used. This also applies to services and expenses of the hotel arranged by the customer to third parties.
3. The agreed prices include the respective statutory value added tax. 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, then this can increase the contractually agr
4. The hotel may also change the prices if the customer subsequently wishes to change the number of rooms booked, the service provided by the hotel or the length of stay of the guests and the hotel consents to this..
5. Rechnungen des Hotels ohne Fälligkeitsdatum sind binnen 7 Tagen ab Zugang der Rechnung ohne Abzug zahlbar. Das Hotel ist berechtigt, aufgelaufene Forderungen jederzeit fällig zu stellen und unverzügliche Zahlung zu verlangen. Bei Zahlungsverzug ist das Hotel berechtigt, die jeweils geltenden gesetzlichen Verzugszinsen in Höhe von derzeit 8% bzw. bei Rechtsgeschäften, an denen ein Verbraucher beteiligt ist, in Höhe von 5% über dem Basiszinssatz zu verlangen. Dem Hotel bleibt der Nachweis eines höheren Schadens vorbehalten.
6. Das Hotel ist berechtigt, bei Vertragsschluss oder danach, unter Berücksichtigung der rechtlichen Bestimmungen für Pauschalreisen, eine angemessene Vorauszahlung oder Sicherheitsleistung zu verlangen. Die Höhe der Vorauszahlung und die Zahlungstermine können im Vertrag schriftlich vereinbart werden.
7. Der Kunde kann nur mit einer unstreitigen oder rechtskräftigen Forderung gegenüber einer Forderung des Hotels aufrechnen oder mindern.IV.Cancellation by the customer (cancellation, cancellation) / non-use of the hotel services
1. Cancellation by the customer of the contract concluded with the hotel requires the hotel's written consent. If this does not take place, the agreed price from the contract must be paid even if the customer does not use contractual services. This does not apply in the event of a breach of the hotel's obligation to consider the rights, legal interests and interests of the customer, if the customer can no longer be expected to adhere to the contract or if there is another legal or contractual right of withdrawal.
2. If a date for free withdrawal 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 to withdraw from the hotel in writing by the agreed date, unless the customer has withdrawn in accordance with number 1 sentence 3.
3. The hotel is free to request the contractually agreed remuneration and to deduct a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually 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 above claim has not arisen or has not arisen in the amount requested.V. withdrawal of the hotel
1. If a free right of withdrawal by the customer has been agreed in writing within a certain period, the hotel is entitled to withdraw from the contract during this period if there are requests from other customers for the contractually booked rooms and the customer does not have their right to withdraw upon request from the hotel dispensed with. p>
2. If an agreed advance payment or the advance payment required according to Clause III No. 6 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. The hotel is also entitled to extraordinarily withdraw from the contract for objectively justifiable reasons, for example if
- Force majeure or other circumstances for which the hotel is not responsible make the fulfillment of the contract impossible;
- rooms with misleading or false information about essential facts, e.g. in the person of the customer or the purpose;
- the hotel has reasonable grounds to believe that the use of the hotel services may endanger the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the sphere of control or organization of the hotel;
- there is a violation of Clause I No. 2 above.
4. If the hotel withdraws justifiably, the customer is not entitled to compensation.VI. Room provision, handover and return
1. The customer is not entitled to the provision of certain rooms.
2. Booked rooms are available to the customer from 3 p.m. on the agreed arrival date. The customer is not entitled to earlier provision.
3. Rooms must be vacated and made available to the hotel no later than 11:00 a.m. on the agreed departure date. Thereafter, due to the delayed evacuation of the room for use beyond the contract, the hotel can charge 50% of the full accommodation price (list price) until 6:00 p.m., from 6:00 p.m. 100%. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or significantly lower entitlement to usage fees.
4. Rooms must be left in the usual condition in accordance with the transfer agreement. In the event of unusual damage, a repair fee of € 50.00 will be charged. If there is excessive contamination, a cleaning fee of € 50.00 applies. If the hotel can prove to the customer that the excessive contamination or unusual damage has caused greater damage, the actual damage must be reimbursed.
5. The hotel is entirely non-smoking. If the customer smokes in the room contrary to this provision, a cleaning / failure fee of € 50.00 will be charged.VII. Liability of the hotel
1. The hotel is liable with the care of a prudent businessman for his obligations from the contract. Customer claims for compensation are excluded. This does not include damage resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damage based on an intentional or grossly negligent breach of duty by the hotel and damage based on an intentional or negligent breach of contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should faults or defects occur in the services of the hotel, the hotel will endeavor to remedy the situation if the customer becomes aware of it or if the customer gives notice immediately. The customer is obliged to contribute what is reasonable to him to remedy the malfunction and keep possible damage to a minimum.
2. The hotel is liable to the customer for items brought in according to the statutory provisions, which is up to a hundred times the room price, maximum € 3,500, and for money, securities and valuables up to € 800. The liability claims expire if the customer does not become aware of Loss, destruction or damage immediately notify the hotel (§ 703 BGB). For further liability of the hotel, the above number 1 sentences 2 to 4 apply accordingly.
3. If the customer is provided with a parking space in the hotel garage or in a hotel car park, also for a fee, this does not result in a custody contract. The hotel is not liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in the case of intent or gross negligence. Number 1 sentences 2 to 4 above apply accordingly.
4. Messages, mail and consignments for guests are handled with care. The hotel takes care of delivery, storage and - if requested - forwarding for a fee. Number 1 sentences 2 to 4 above apply accordingly.
5. Lost property is kept by the hotel for 6 months. They will be sent to the customer on request and at your own expense and risk. After 6 months the hotel is entitled to dispose of the lost property.VIII. final provisions
1. Changes or additions to the contract, the acceptance of applications or these terms and conditions for hotel accommodation should be made in writing.
2. Unilateral changes or additions by the customer are ineffective.
3. place of fulfillment and payment is the seat of the hotel.
4. Exclusive place of jurisdiction - also for check and exchange disputes - is the seat of the hotel in commercial transactions. If a contractual partner fulfills the requirement of § 38 Para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the seat of the hotel.
5. German law applies. The application of the UN sales law and the conflict of laws is excluded.
6. Should individual provisions of these general terms and conditions for hotel accommodation be or become invalid or void, this does not affect the effectiveness of the remaining provisions. In addition, the legal regulations apply.