1.Scope of Applicability

1.1 These terms and conditions govern contracts for the rental use of hotel rooms of the respective GHOTEL hotel & living hotel (as follows: GHOTEL) for lodging purposes, as well as all other goods and services rendered by GHOTEL to the customer 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 GHOTEL’s prior consent in written form is required if rooms provided are to be sublet or rented to a third party, or used for other than lodging purposes, whereby section 540, para. 1, sentence 2 German Civil Code (BGB) is waived insofar as the customer is not a consumer.

1.3 The customer’s general terms and conditions shall apply only if these are previously expressly agreed.

2. Conclusion of Contract, Parties, Statute of Limitations

2.1 GHOTEL and the customer are the contracting parties. The contract shall come into force upon GHOTEL’s acceptance of the customer’s offer. At its discretion, GHOTEL may confirm the room reservation in written form.

2.2 Any claims against GHOTEL shall generally be time-barred one year after the commencement of the general statute of limitations period. This shall neither apply to damage claims nor to claims which are based on an intentional or grossly negligent breach of obligation by GHOTEL.

3. Prices, Payment, Set-Off

3.1 GHOTEL is obligated to keep the rooms reserved by the customer available and to render the agreed services.

3.2 The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services accepted. This also applies to services ordered by the customer directly or via GHOTEL, which a third party provides and GHOTEL disburses.

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 GHOTEL can make its consent to the customer’s later request for a reduction of the number of reserved rooms, services of the hotel or the customer’s length of stay dependent on the increase of the price for the rooms and/or for the other services.

3.5 GHOTEL invoices not stating a due date are payable without deduction and due within ten days of receipt of the invoice. GHOTEL can demand immediate payment of due debt from the customer. The statutory rules concerning the consequences of default of payment apply. GHOTEL reserves the right to prove greater damage.

3.6 GHOTEL is entitled to require a reasonable advance payment or a security, such as a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and payment dates may be agreed in written form in the contract. The statutory provisions shall remain unaffected with advance payments or a security for package tours.

3.7 In justified cases, e.g. the customer’s default in payment or expansion of the scope of the contract, GHOTEL 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 Furthermore, GHOTEL shall be entitled, at the commencement and during the customer’s stay, to demand a reasonable advance payment or security deposit within the meaning of the above-mentioned No. 3.6 for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned No. 3.6 and/or No. 3.7.

3.9 The customer may only set-off, reduce or clear a claim by GHOTEL with a claim which is undisputed or decided with final, res judicata effect.

4. Withdrawal of the Customer (Cancellation, Annulment) / Failure to use GHOTEL Services (No Show)

4.1 The customer can only withdraw from the contract concluded with GHOTEL, if a right of withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal exists or if GHOTEL 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 form.

4.2 Insofar as GHOTEL and the 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 GHOTEL. The customer’s right of withdrawal shall expire, if he does not exercise his right of withdrawal vis-à-vis GHOTEL by the agreed date.

4.3 GHOTEL 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 GHOTEL does not give its consent to the cancellation of the contract. GHOTEL must credit the income from renting the rooms to other parties as well as for saved expenses. If the rooms are not rented otherwise, GHOTEL can demand the contractually agreed rate and assess a lump sum for the saved expenses of GHOTEL. In this case, the customer is obligated to pay at least 90 % of the contractually agreed rate for lodging with or without breakfast as well as all-inclusive arrangements with contracted services, 70 % for half-board and 60 % for full-board arrangements. The customer is at liberty to show that the above-mentioned claim was or has not amounted to the demanded sum.              

5. Withdrawal of GHOTEL

5.1 Insofar as it was agreed that the customer can withdraw from the contract at no cost within a certain period of time, GHOTEL is entitled for its part to withdraw from the contract during this period of time if enquiries from other customers regarding the contractually reserved rooms exist and the customer, upon enquiry thereof by GHOTEL with a reasonable deadline set, does not waive his right of withdrawal. The same applies to the granting of an option if other enquiries exist and the customer is, if requested by GHOTEL with a reasonable deadline set, not prepared to make a fixed booking.

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 GHOTEL has expired, then GHOTEL is likewise entitled to withdraw from the contract.

5.3 Moreover, GHOTEL is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if

–   force majeure or other circumstances beyond GHOTEL’s control render the fulfilment 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;

–   GHOTEL has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of GHOTEL, its security or public reputation, without being attributable to GHOTEL’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 GHOTEL constitutes no claims for damages for the customer. If, in case of a withdrawal according to No. 2 supra, GHOTEL has a claim for damages, GHOTEL may charge a lump sum for the claim. In this case, clause IV No. 3, sentences 3 to 6 apply accordingly.

6. Room Availability, Delivery and Return

6.1 The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed.

6.2 Reserved rooms are available to the customer starting at 2:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability.

6.3 Rooms must be vacated and made available to the hotel no later than 11:00 a.m. on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, GHOTEL 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 GHOTEL has no or a much lower claim for charges for use of the room.

7. Liability of GHOTEL

7.1 GHOTEL is liable for harm inflicted on life, limb and physical health. Furthermore, GHOTEL 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 GHOTEL 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 GHOTEL occur, GHOTEL 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 GHOTEL is liable to the customer for property brought into the hotel in accordance with the statutory provisions. GHOTEL recommends the use of the hotel or room safe. If the guest wishes to bring with him money, securities, stocks, bonds or valuables with a value of more than 800 EUR or other things with a value of more than 3500 EUR, a separate safekeeping agreement is necessary.

7.3 Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. GHOTEL only assumes liability for loss of or damage to motor vehicles parked or manoeuvred on GHOTEL’s property and the contents thereof only pursuant to the preceding No. 7.1, sentences 1 to 4.

7.4 Wake-up calls are carried out by GHOTEL with the greatest possible diligence. Messages, mail, and merchandise deliveries for guests shall be handled with care. GHOTEL will deliver, hold, and, for a fee, forward such items (on request). The hotel only assumes liability according to the preceding No. 7.1, sentences 1 to 4.

8. Final Provisions

8.1 Amendments and supplements to the contract, the acceptance of offers or these general terms and conditions should be made in written form. Unilateral amendments or supplements by the customer are invalid.

8.2 For commercial transactions the place of performance and payment as well as, in the event of litigation, disputes for checks and bills of exchange, the exclusive court of jurisdiction is Bonn. Insofar as a contracting party fulfils the requirements of section 38, para. 2 of the German Code of Civil Procedure (ZPO) and does not have a place of general jurisdiction within the country, the courts in Bonn shall have exclusive jurisdiction.

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 individual provisions of these general terms and conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.

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