I. Scope of Application
1.These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging purposes, as well as all other services and deliveries provided by the hotel for the customer.
2.The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation shall require the prior written consent of the hotel, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) shall be waived insofar as the customer is not a consumer.
3. the customer's terms and conditions shall only apply if this has been expressly agreed in writing in advance.
II Conclusion of contract, contracting parties; limitation period
1. The contract is concluded by the hotel's acceptance of the customer's application. The hotel is free to confirm the room reservation in writing.
2. The contracting parties are the hotel and the customer. If a third party has placed an order on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has a corresponding declaration from the third party.
3. All claims against the hotel shall become statute-barred after one year from the beginning of the regular statute of limitations according to § 199 para. 1 BGB (German Civil Code). Claims for damages shall become statute-barred after five years, irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III Services, Prices, Payment, Offsetting
1. The hotel is obligated to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obligated to pay the prices of the hotel applicable or agreed upon for the provision of the rooms and the other services used by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer.
3. The agreed prices include the respective statutory value-added tax. If the period between conclusion and performance of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a reasonable amount, but by no more than 5%.
4. prices may also be changed by the hotel if the customer subsequently requests changes in the number of rooms booked, the hotel's services or the guests' length of stay and the hotel agrees.
5. invoices of the hotel without due date are payable within 10 days from receipt of the invoice without deduction. The hotel is entitled to call in accrued receivables at any time and to demand immediate payment. In the event of late payment, the Hotel shall be entitled to charge the applicable statutory interest on arrears, currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove higher damages. 6.
6. 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.
7. The customer may only set off or reduce a claim against a claim of the hotel with an undisputed or legally binding claim.
IV. Withdrawal of the Customer (i. e. Cancellation) / Non-utilization of the Hotel's Services
1. The customer's withdrawal from the contract concluded with the hotel requires the hotel's written consent. If this does not take place, the agreed price from the contract is to be paid even if the customer does not use contractual services. This shall not apply in the event of a breach of the hotel's obligation to show consideration for the rights, legal assets and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is entitled to any other statutory or contractual right of withdrawal.
2. If the hotel and the customer have agreed in writing on a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without triggering payment or damage compensation claims by the hotel. The customer's right to withdraw from the contract shall expire if he does not exercise his right to withdraw from the contract in writing vis-à-vis the hotel by the agreed date, unless a case of withdrawal by the customer pursuant to number 1, sentence 3 exists. 3.
3. In the case of rooms not used by the customer, the hotel shall credit the income from renting the rooms to other parties as well as the expenses saved.
4. the hotel is free to demand the contractually agreed remuneration and to make 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 accommodation 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 claimed.
V. Cancellation by the hotel
1. If the customer's right to withdraw from the contract free of charge within a certain period of time has been agreed upon in writing, the hotel is entitled to withdraw from the contract within this period of time if there are requests from other customers for the contractually booked rooms and the customer does not waive his right to withdraw from the contract upon inquiry by the hotel. If a cost-free right of withdrawal of the customer within a certain period has been agreed in writing, the hotel is entitled for its part to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel.
2. if an agreed advance payment or an advance payment demanded above pursuant to clause III No. 6 is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
3. Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if
force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
rooms are booked under misleading or false information of essential facts, e.g. in the person of the customer or the purpose;
room rates were comprehensibly wrongly or erroneously shown in the system (e.g. spelling mistakes)
the hotel has reasonable grounds to believe that the use of the hotel service may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization;
there is a violation of clause I No. 2 above.
4. in the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.
VI. room provision, handover and return
1. The customer has no claim to the provision of specific rooms.
2. booked rooms are available to the customer from 3:00 p.m. on the agreed arrival day. The customer has no right to earlier provision.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for late vacating of the room for its use in excess of the contract until 6:00 p.m., and 100% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotel has not incurred any or a significantly lower claim to a usage fee.
VII Liability of the Hotel
1. The hotel shall be liable for its obligations under the contract with the due care and diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages arising from injury to life, body or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or deficiencies in the hotel's services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum.
2. The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of € 3,500, and for money, securities and valuables up to € 800. Money, securities and valuables may be stored in the hotel or room safe up to a maximum value of € (insert sum insured by the hotel). The hotel recommends making use of this possibility. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). For any further liability of the hotel, the above number 1 sentences 2 to 4 shall apply accordingly.
3. Insofar as a parking space is made available to the customer in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping contract. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. Number 1 sentences 2 to 4 above shall apply accordingly. 4.
4. wake-up calls shall be carried out by the hotel with the utmost care.
5. messages, mail and merchandise shipments for the guests will be handled with care. The hotel shall take care of delivery, safekeeping and - upon request - forwarding of the same against payment. The above number 1 sentences 2 to 4 shall apply accordingly.
VIII Final Provisions
1. changes or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or supplements by the customer are invalid.
2. place of performance and payment is the registered office of the hotel.
3. The exclusive place of jurisdiction - also for disputes regarding checks and bills of exchange - in commercial transactions shall be the registered office of the hotel. If a contracting party fulfills the requirements of § 38 para. 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the Conflict of Laws shall be 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 remaining provisions. Otherwise, the statutory provisions shall apply.
2. our services
(1) We provide you with access to the Internet on our business premises in the form of WLAN access ("hotspot") for use free of charge.
(2) The provision of the hotspot depends on our respective technical and operational possibilities. There is no entitlement to a functioning hotspot or a specific local coverage of the hotspot.
(3) Furthermore, we do not guarantee that the hotspot can be used without interference or interruption. Nor can we guarantee any transmission speeds.
(4) We reserve the right to change, restrict or discontinue access to the hotspot without prior notice in the event of necessary technical repair and maintenance work.
(5) There is no claim that certain services can be used via the hotspot. In particular, port blocking may be carried out. As a rule, surfing the Internet and sending and receiving e-mails is made possible.
3. access and use
(1) We offer our guest WLAN only to visitors of our company. It is not a publicly accessible telecommunications service, but an internal WLAN for guests of our company.
(3) There is no entitlement to use the hotspot. We are free to restrict or discontinue access to the hotspot at any time without stating reasons.
4 Access Data
(1) If you have provided registration data (e.g. user name, password, e-mail, etc.) in the course of registration, you must keep this data secret and not make it accessible to unauthorized third parties.
(2) If you have received registration data, you must ensure that access to and use of the hotspot with your user data is exclusively by you as the user. If facts exist that give reason to believe that unauthorized third parties have gained or will gain knowledge of your access data, you must inform us immediately.
(3) As a user, you are liable for any use and/or other activity carried out under your access data in accordance with the statutory provisions.
(5) Your obligations as a user
(1) You are obligated to truthfully provide any information that you provide about yourself in the course of using the service.
(2) You are obliged to comply with the applicable laws when using our hotspot.
The service is provided free of charge.
7. availability of the services
Since our services are provided free of charge, you have no right to use the hotspot. However, we shall endeavor to ensure that the hotspot can be used as uninterruptedly as possible.
8. forbidden actions
As a user, you are prohibited from any actions when using the hotspot that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors. In particular, the following actions are prohibited:
the posting, dissemination, offering and advertising of pornographic content, services and/or products that violate youth protection laws, data protection laws and/or other laws and/or are fraudulent;
the publication or making available of content that insults or defames other participants or third parties;
the use, provision and distribution of content, services and/or products that are protected by law or encumbered with third-party rights (e.g. copyrights) without being expressly authorized to do so;
making copyrighted works publicly available or other acts in violation of copyright, in particular when using so-called "Internet file-sharing networks" or file-sharing services.
Furthermore, the following activities are also prohibited, irrespective of any infringement of the law, when posting one's own content on the Service Provider's website and when communicating with other Users (e.g. by sending personal messages, by participating in discussion forums, etc.):
the transmission of above-average amounts of data and, in particular, the sustained transmission of such amounts of data;
hosting a web server or other servers by using a hotspot of the Service Provider;
changing the default DNS servers in the network settings of the Service Provider's hotspot;
the sending of junk or spam e-mails as well as chain letters;
the distribution of viruses, Trojans and other harmful files;
the dissemination of lewd, offensive, sexually oriented, obscene or defamatory content or communication as well as such content or communication that is/are suitable to promote or support racism, fanaticism, hatred, physical violence or illegal acts (in each case explicitly or implicitly);
soliciting other users or third parties to disclose passwords or personal data for commercial or unlawful purposes.
Also prohibited is any action that is likely to impair the smooth operation of our hotspot, in particular to place a disproportionately high load on our systems.
9 Blocking of access
10 Release from liability
(1) As a user, you are responsible for all your actions in connection with the use of the Internet via our hotspot.
(2) You shall indemnify us upon first request against all claims asserted against us by third parties due to a violation by the user of statutory provisions, third-party rights (in particular personal rights, copyrights and trademark rights) or contractual obligations, representations or warranties, including the costs of necessary legal defense (attorney's fees and court costs in the statutory amount).
(3) In the event of the assertion of claims within the meaning of Section 10 (2), you shall be obliged to cooperate immediately and fully in the clarification of the facts and to provide us with the information required for this purpose in a suitable manner.
11 Limitation of Liability
(1) We shall be liable without limitation for all damage caused by us in the event of intent or gross negligence.
(2) In the case of slight negligence, we shall be liable without limitation in the event of injury to life, limb or health.
(3) Otherwise, we shall only be liable if we have breached a material contractual obligation. Essential contractual obligations are defined in the abstract as obligations whose fulfillment is essential to the proper performance of the contract and on whose fulfillment the user may regularly rely. In such cases, liability shall be limited to compensation for the foreseeable, typically occurring damage.
(4) Insofar as our liability is excluded or limited in accordance with the aforementioned provisions, this shall also apply to our vicarious agents.
(5) Liability under the Product Liability Act shall remain unaffected.
12 Data Protection
(1) We shall ensure that your personal data is only collected, stored and processed insofar as this is necessary for the contractual provision of services and is permitted by statutory provisions or ordered by the legislator.
(2) In the event that declarations of consent under data protection law are obtained from you in connection with the use of our services, it is pointed out that you may revoke these at any time with effect for the future.
(3) In order to provide the services of the hotspot for you, the use of personal data of your terminal device is required. In this context, the MAC addresses of end devices may also be stored temporarily. Furthermore, we may store log data ("log files") about the type and extent of use of the services for 7 days. This data cannot be directly assigned to your person.
13. final provisions
(1) The law of the Federal Republic of Germany shall apply, whereby the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
(2) If you are a merchant, a legal entity under public law or a special fund under public law, our registered office shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.