Terms and conditions
I. Area of Application
1) These general terms and conditions will be valid for contracts dealing with offering of hotel rooms on lease for purposes of accommodation and other services and deliveries of the Hotel rendered to the client. (hotel accommodation contract)
2) The subleasing or further leasing of the submitted rooms and their use for other purposes then accommodation will require the previous consent of the Hotel in text form.
3) The client’s terms and conditions will only be applied if such provisions have previously been agreed in writing from the hotel.
II. Conclusion of the Contract, Contracting Partners, Contractual Liability; Limitation
1) The contract will come into existence by the hotel’s acceptance of the client’s application. Each offer that will be accepted by the client requires a confirmation of the order by the hotel in writing. Only then, a legally binding contract for accommodation will be concluded.
2) Contracting partners are the Hotel Xenia and the client. If a third party has ordered for the client, he will be liable together with the client to the hotel as joint and several debtor for all obligations resulting from the hotel accommodation contract.
3) The hotel will be liable for its obligations resulting from the contract. In the area not being typical for services the liability will be limited to the hotel’s damages caused intentionally or by gross negligence.
4) The limitation period for all clients’ claims will be one year.
5) This restriction of liability and short limitation period will be valid in favour of the hotel also at infringement of obligations at initiation of the contract and positive infringement of the contract.
III. Services, Prices, Payment, Set-Off
1) The hotel will be bound to keep ready the rooms booked by the client and to provide the agreed services.
2) The client will be bound to pay the hotel’s prices being valid, resp. having been agreed for letting of rooms and other services having been used by him. This will also be valid for services arranged by the client and the hotel’s expenses to a third party.
3) The agreed prices include the respective legal turnover tax. If the turnover tax contained in the prices is increased by legal conditions, then the hotel will be authorized to adjust the agreed prices without the client’s previous particular consent accordingly. Will the period of time between the conclusion of the contract and its performance exceed four months and will the price computed generally by the hotel for such services increase, then this situation can increase the contractually agreed price reasonably, however, maximally by five percent.
4) Moreover, the prices may be amended by the hotel if the client subsequently wishes changes of the number of the booked rooms, the hotel’s services or the duration of the guests’ stay and the hotel will agree to that.
5) The hotel’s invoices without date of maturity fall due and payable within ten days after receipt of the invoice without deduction. The hotel is authorized to make due the accrued debts at any time and demand immediate payment. In case of default of payment, the hotel will be authorized to charge interests amounting to five per cent over the respective base interest rate of the European Central Bank. The client may evidence a lower damage, the hotel a higher damage.
6) The hotel will be authorized, at the expiry of the contract or later, taking under consideration of the legal conditions for package tours to charge an adequate advance payment or a security. The amount of the advance payment and the terms of payment can be agreed in the contract in writing. The client can only set off or reduce the price by means of a claim being indisputable or res judicata towards a hotel’s claim.
IV. Client’s Withdrawal (Cancellation, Reversal)
1) The client’s withdrawal from the contract concluded with the hotel will require the hotel’s consent in writing. If such consent does not take place, then –nevertheless-the agreed price from the contract will have to be paid if the client does not use the contracted services. This will not apply upon the hotel’s default to perform or one by it represented impossibility to perform.
2) If between the hotel and the client a date has been agreed in writing referring to the withdrawal from the contract, then the client can withdraw from the contract up to that moment without releasing the hotel’s claims for indemnification. The client’s right to withdraw will expire if he does not use it in writing towards the hotel by the agreed term, so far there will not be a case of the hotel’s delay in performance or a by him represented impossibility of service performance.
3) In case of the rooms not having been used by the client, the hotel is bound to set off the receipts from different lease of the rooms and the saved expenses.
4) The hotel will be free to fix a lump sum with regard to damage corresponding to the hotel and re-compensable to him by the client. In such a case, the client will be bound to pay 80 % of the agreed price for stay overnight with or without breakfast,
70 % for half board and 60 % for full board arrangements. The client may provide evidence that no damage has taken place or that the damage for the hotel is lower than the claimed lump sum.
V. The Hotel’s Withdrawal
1) So far as a client’s right to withdraw within a fixed term has been agreed in writing, the hotel itself will be authorized to withdraw from the contract if there are other clients’ inquiries for the rooms bound by contract and if the client does not renounce his right to withdraw on the hotel’s check-back.
2) If an agreed advance payment is not paid – even after expiry of one by the hotel fixed reasonable period of grace with threat to reject- then the hotel will also be authorized to withdraw from the contract.
3) Moreover, the hotel will be authorized to withdraw from the contract extraordinarily due to a substantiated reason, e.g. if force majeure or other circumstances not to be represented by the hotel will make the fulfilment of the contract impossible. Moreover, if rooms will be booked under indication of misleading or wrong facts, i.e. with regard to the client’s person or the goal; the hotel will have the substantiated reason to the assumption that the use of the hotel performance may endanger the frictionless business operation, the safety or the hotel’s standing in the public without that this may be attributed to the territory, resp. to the hotel’s area of operation; there is an infringement against the above area of application, section 2.
4) The hotel will immediately inform the client about the exercise of the right to withdraw.
5) In case of the hotel’s legitimate withdrawal there will be no client’s claim for compensation.
VI. Provision of Rooms,-Handing over and their Return
1) The client will not acquire a claim with regard to provision of certain rooms.
2) Booked rooms will be at the clientís disposal from 14 o’clock of the agreed day of arrival. The client will have no claim to an earlier delivery.
3) On the agreed leaving, the rooms will be put at the hotelís disposition at latest at 10 o’clock a.m. and vacated. After that the hotel may charge an additionally to the arisen loss – 50 % of the full accommodation price (list price) for the additional use of the room until 18 oíclock, from 18 oíclock onwards 100%. The client will be free to give evidence to the hotel that this has suffered either no loss or a considerably lower loss.
4) Children until 6 years will be cost free in their parentsí room. In such a case, additional services that are contained in the room price will not apply to accompanying children.
VII. The Hotel’s Liability
1) The hotel will be liable for diligence of a prudent businessman. However, in case of the performance area not being typical, will be restricted to defects of performance, damages, consequential damages or disturbances caused intentionally or by gross negligence of the hotel. If disturbances or defects should arise at the hotelís performances, the hotel will endeavour a remedy in case of knowledge or at the clientís immediate notification. The client will be bound to contribute his reasonable endeavour to remedy the disturbance and to keep a possible damage low.
2) The hotel will be liable to the client for brought in things pursuant to the legal provisions, i.e. up to the hundred times the amount of the room price, maximally EUR 3,500; moreover for money and valuables up to EUR 800. The claims for liability will expire if the client will not inform the hotel immediately after having obtained the knowledge of the loss, destruction or damage (Article 703 Civil Code).
3) The legal provisions will apply to the hotelís unlimited liability.
4) So far as a parking lot in the hotelís garage or on a hotel parking lot is put at the clientís disposal, also for payment, no contract of deposit will be created. In case of loss or damage of deposited or shunted vehicles and their contained contents, the hotel will not be liable, with exception of damages caused intentionally or by gross negligence. This will also be valid for persons employed by the hotel.
5) Claims for indemnification are excluded with exception of claims caused intentionally or by gross negligence. Notices, correspondence and consignment of goods for guests are handled with care. The hotel overtakes the service, consignment and on request against payment the forwarding of the mail. Claims for indemnification are excluded with exception of claims caused intentionally or by gross negligence.
VIII. Final Provisions
1) Amendments or supplements of the contract, acceptance of the contract or of these terms and conditions for the hotel accommodation will require the form in writing. Unilateral amendments or supplements by the client will be ineffective.
2) Place of delivery and of payment is Flensburg.
3) Exclusive jurisdiction – also for disputes with regard to cheques and bills- will be Flensburg with regard to business traffic. If one of the contracting parties meets the prerequisites of Article 38, Section 1 of the Code of Civil Procedure and has no general jurisdiction place within the country, Flensburg will be his jurisdiction area.
4) The law of Federal Republic of Germany will apply.
5) If individual provisions of these general terms and conditions referring to hotel accommodation shall be or become ineffective or void, then the effectiveness of the remaining provisions will remain unaffected. The contracting parties bind themselves to substitute such an ineffective or void provision by an effective provision corresponding to the economic purpose of this ineffective or void provision. In all other cases the legal provisions will apply.
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