Terms and Conditions for the Hotel Accommodation Contract with Hotel Sarstedter Hof


I. SCOPE

1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services provided to customers in this context by the hotel (Hotel Accommodation Contract). The term "Hotel Accommodation Contract" includes and replaces the following terms: accommodation, lodging, hotel, hotel room contract.

2. The subletting or re-letting of the rented rooms or their use for other purposes than for accommodation
requires the prior consent of the hotel in writing, whereby § 540 paragraph 1 clause 2 BGB is waived if the customer is not the consumer.

3. The terms and conditions for the customer are only applicable if these have previously been agreed expressly in writing.

II. CONCLUSION OF CONTRACT, PARTIES, STATUTE OF LIMITATION

1. The contract is recognised upon acceptance of the customer's request by the hotel. The hotel may confirm the room booking in writing.

2. The contracting parties are the hotel and the customer. If a third party has booked the room on behalf of the customer, s/he will be liable to the hotel individually and severally with the customer for all obligations arising from the hotel accommodation contract, if the hotel has received a corresponding declaration from the third party.

3. Any claims against the hotel will lapse one year after the beginning of the statutory limitation period. Claims for compensation of damages lapse, regardless of knowledge, in five years, if they are not based upon injury to life, limb, health or freedom. These damages, regardless of knowledge, lapse in ten years. The limitation periods do not apply to claims based upon intentional or grossly negligent breach of obligations on the part of the hotel.

III. SERVICES, PRICES, PAYMENT, SET-OFF

1. The hotel is obliged to reserve the rooms booked by the customer and to provide the agreed services.

2. The customer is obliged to pay the price agreed or applicable for room rental and for any other services used by him/her. This also applies to services and outlay caused by the customer provided by the hotel to third parties. The agreed prices include any applicable value added tax.

3. The hotel may make its agreement to any retroactive reduction in the number of rooms booked, services provided by the hotel or length of the customer's stay conditional upon an increase in price for the room and/or for other services.

4. Hotel invoices without a due date are payable within 10 days of receipt of the invoice, without deduction. The hotel may at any time require immediate payment by the customer of overdue amounts receivable. In case of default on payment, the hotel is entitled to levy the current legally applicable rate of interest of 8%, or in case of legal transactions in which the consumer is involved, of 5% above the base rate of interest. The hotel reserves the right to prove that damages are higher.

5. The hotel is entitled to require reasonable advance payment or a security deposit in the form of a credit card guarantee, a deposit or similar, at the time of conclusion of the contract with the customer. The amount of the advance payment and the payment date can be agreed in the contract in writing. For advance payments or security deposits for package holidays, the statutory provisions remain unaffected.

6. In justified cases, e.g. customer payment arrears or extension of the scope of the contract, the hotel is entitled, even after contract has been agreed, but before the beginning of the customer's stay, to require an advance payment or security deposit in the meaning of Number 5, or an increase in the advance payment or security deposit agreed in the contract, up to the full amount of the payment agreed for room rental and services.

7. The hotel is also entitled to require a reasonable advance payment or security deposit in the meaning of Number 5 for current and future claims arising from the contract at the beginning of or during the customer's stay, provided that such a payment has not already been requested in accordance with Numbers 5 and/or 6.

8. The customer may only offset or settle against an undisputed or legally binding claim by the hotel.

IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, REVERSAL)/FAILURE TO USE THE SERVICES
PROVIDED BY THE HOTEL (NO SHOW)

1. Cancellation of the contract concluded with the hotel by the customer requires the written consent of the hotel. If this is not acquired, the agreed price from the contract must then be paid if the customer does not make use of the contractual services.

2. If a cut-off date for withdrawal at no cost from the contract is agreed between the hotel and customer in writing, the customer can then cancel the contract until that date without incurring charges for services or damages by the hotel. Cancellation by the customer ceases to apply if s/he does not exercise his/her right to cancel by this date by applying in writing to the hotel.

3. The hotel must account for income gained from renting out any rooms not used by the customer when charging the customer for these, and also for any expenses saved for this. If the rooms are not rented to other customers, the hotel may then require the contractually agreed amount and calculate a flat deduction for the hotel's 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 entitled to prove that the aforesaid claim is not justified, or not justified in the requested amount.

V. CANCELLATION BY THE HOTEL

1. If agreed in writing that the customer can withdraw from the contract within a specified period, the hotel for its part is entitled to cancel the contract within this period if there are inquiries from other customers regarding the contractually reserved room and the customer has not waived his/her right of cancellation on request by the hotel.

2. If an agreed advance payment or security deposit, or advance payment or security deposit required in accordance with clause III Number 5 and/or 6, is not provided even after a reasonable extension allowed by the hotel has elapsed, the hotel is then also entitled to cancel the contract.

3. Moreover, the hotel is entitled to cancel the contract extraordinarily for a properly justified reason,
such as: - if force majeure or other circumstances beyond the control of the hotel make the fulfilment of the contractual obligations
impossible; - rooms are booked culpably using misleadingly or falsely provided information pertinent to the contract,
e.g. regarding the customer or the purpose of his/her stay; - the hotel has justified cause to believe that the use of the hotel's services could jeopardise the smooth business operation, security or public reputation of the hotel without this being attributable to the management or organisation of the
hotel;

- the purpose or occasion of the stay is illegal;
- there is a breach of the above-named clause I Number 2.

4. If the hotel justifiably cancels the contract, no claim for compensation may be made by the customer.

VI. PROVISION, HANDOVER AND RETURN OF ROOMS

1. The customer is not entitled to the provision of specific rooms, unless previously expressly agreed in writing.

2. Reserved rooms are available to the customer from 3pm on the agreed day of arrival. The customer is not entitled to earlier provision.

3. On the agreed departure date, hotel rooms are to be vacated by noon. After this, up to 4pm, the hotel may add a charge of up to 50% of the full accommodation rate for delayed vacation of the rooms for use of the rooms beyond that contractually agreed, or if not vacated until 6pm, 100%. Contractual claims by the customer are not justified by this. The customer is at liberty to prove that the hotel is entitled to no extra usage fee, or a lower extra usage fee
because of this.

VII. LIABILITY OF THE HOTEL

1. The hotel is liable for its obligations under the contract. Customer claims for compensation are excluded. Excluded from this are damages resulting to injury to life, limb or health, if the hotel is responsible for the breach of obligation, other damages based upon an intentional or grossly negligent breach of obligation by the hotel, and damages based upon an intentional or grossly negligent breach of contractually typical obligations by the hotel. A breach of obligation on the part of the hotel is equal to that of a legal representative or vicarious agent. Should disruptions or defects in the performance of the hotel occur, if the hotel is aware or if the customer immediately notifies the hotel, it will endeavour to provide a remedy. The customer is obliged to contribute to a reasonable degree to eliminate the disturbance and minimise any possible damage.

2. The hotel is liable for any property brought by the customer in accordance with statutory provisions. In accordance with these, liability is limited to one hundred times the price of the room, but not more than €3500, and in derogation, up to €800 for money, securities and valuables.

3. If the customer is provided with a parking space in the hotel garage or a hotel parking space, even if a fee is provided, this does not constitute a contract of safe custody. The hotel is not liable for any loss or damage to vehicles parked on hotel property or their contents, except in cases of wilful misconduct or gross negligence. The regulation of the above Number 1, clause 2 to 4 apply accordingly for the exclusion of damages claims by the customer.

4. Wake-up calls are carried out by the hotel with the greatest care. News, post and goods deliveries are handled for the guests with care. The hotel will deliver, hold, and, upon request and payment, carry out forwarding of the same. The regulation of the above Number 1, clauses 2 to 4 apply accordingly for the exclusion of damages claims
by the customer.

VIII. FINAL PROVISIONS

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

2. The place of fulfilment and payment is the location of the hotel.

3. In relation to commercial transactions - including disputes relating to checks and bills of exchange - the exclusive place of jurisdiction is the location of the hotel. If a contracting party fulfils the requirement of § 38 paragraph 2 ZPO and has no general jurisdiction in Germany, the place of jurisdiction is that of the legal office of the hotel.

4. German law applies. Application of the UN Sales Convention and conflict of laws provisions are excluded.

5. Should any of these individual terms and conditions be invalid or void, this will not affect the validity of the remaining provisions. In addition, the statutory provisions apply.



Back to the homepage: www.sarstedter-hof.de

Cancellation policies :

free cancellation two days before arrival.

Cancellation conditions for trade fair dates :

up to 12 Months before arrival date : it is free
up to 6 Monate before arrival date 50% Cancellation fee
up to 5 Monate before arrival date 70% Cancellation fee
up to 3 Monate:before arrival date 80% Cancellation fee
up to 1 Monate:before arrival date: 90% Cancellation fee

Non-cancellable rates:

The total amount of the booking is due at any time after completion of the booking. All cancellations or changes will be charged with the total amount. This instalment is non-refundable. The cancellation fee is 100% of the total amount.

Non arrivals will be charged with the total amount.

Back to the homepage: www.sarstedter-hof.de