I. Scope of Application

1. These terms and conditions apply to contracts for the rental provision of hotel rooms for accommodation purposes, as well as all related services and deliveries provided by the hotel to the customer (hotel accommodation agreement). The term “hotel accommodation agreement” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room agreement.

2. The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, requires the prior written consent of the hotel, whereby § 540 paragraph 1 sentence 2 of the German Civil Code (BGB) is excluded, unless the customer is a consumer.

3. The customer’s general terms and conditions shall only apply if this has been expressly agreed in writing beforehand.

II. Conclusion of Contract, Parties, Limitation

1. The contract is concluded upon the hotel’s acceptance of the customer’s application. The hotel is free to confirm the room booking in writing.

2. The contracting parties are the hotel and the customer. If a third party has placed the order for the customer, they shall be liable to the hotel jointly and severally with the customer for all obligations arising from the hotel accommodation agreement, provided that the hotel has a corresponding declaration from the third party.

3. All claims against the hotel shall generally become statute-barred one year from the statutory commencement of the limitation period. Claims for damages shall become statute-barred after five years, irrespective of knowledge, insofar as they are not based on injury to life, limb, health or freedom. These claims for damages shall become statute-barred after ten years, irrespective of knowledge. The shortening of the limitation period shall 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 obliged to keep the rooms booked by the customer available and to provide the agreed services.

2. The customer is obliged to pay the hotel’s agreed or applicable prices for the room rental and the other services used by them. This also applies to services and expenses of the hotel to third parties arranged by the customer. The agreed prices include the respective statutory value added tax.

3. The hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel’s services or the customer’s length of stay requested by the customer dependent on the price for the rooms and/or other services of the hotel increasing.

4. Invoices of the hotel without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default in payment, the hotel is entitled to demand the respectively applicable statutory default interest at a rate of currently 8% or, in the case of legal transactions in which a consumer is involved, at a rate of 5% above the base interest rate. The hotel reserves the right to prove a higher damage.

5. The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract in the form of a credit card guarantee, a down payment or similar. The amount of the advance payment and the payment dates can be agreed in the contract in writing. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.

6. In justified cases, e.g. default in payment by the customer or extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract, to demand an advance payment or security deposit within the meaning of No. 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration until the beginning of the stay.

7. The hotel is also entitled to demand from the customer a reasonable advance payment or security deposit within the meaning of No. 5 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such has not already been provided in accordance with Nos. 5 and/or 6 above.

8. The customer may only offset or set off against a claim of the hotel with an undisputed or legally established claim.

IV. Withdrawal of the Customer

(Cancellation, Stornierung) / Non-utilization of the hotel’s services (No Show)

1. A withdrawal of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this is not done, the agreed price from the contract must also be paid if the customer does not make use of contractual services.

2. If a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract until then without triggering claims for payment or damages by the hotel. The customer’s right of withdrawal expires if they do not exercise their right of withdrawal vis-à-vis the hotel in writing by the agreed date.

3. In the case of rooms not used by the customer, the hotel must credit the income from renting these rooms elsewhere as well as the saved expenses. If the rooms are not rented elsewhere, the hotel may demand the contractually agreed remuneration and apply a flat-rate deduction for saved expenses of the hotel. 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 aforementioned claim did not arise or did not arise in the amount claimed.

V. Withdrawal of the Hotel

1. If it has been contractually agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract on its part during this period if requests from other customers for the contractually booked rooms are available and the customer does not waive their right to withdraw upon request from the hotel.

2. If an agreed or above according to section III numbers 5 and/or 6 required advance payment or security deposit is not made even after expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract 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 or spaces are culpably booked under misleading or false information of contract-essential facts, e.g. regarding the person of the customer or the purpose of their stay; – The hotel has reasonable cause to believe that the use of the hotel service may endanger the smooth business operations, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization; – The purpose or the occasion of the stay is unlawful; – There is a violation of the above-mentioned section I no. 2.

4. In case of justified withdrawal of the hotel, the customer has no claim for damages.

VI. Room Provision, -Handover and -Return

1. The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed in writing.

2. Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no claim to earlier provision.

3. On the agreed departure day, the rooms must be made available to the hotel vacated by 11:00 a.m. at the latest. Thereafter, due to the delayed vacating of the room, the hotel may charge 50% of the full accommodation price (list price) until 6:00 p.m. for its use exceeding the contract, and 100% from 6:00 p.m. Contractual claims of the customer are not established by this. They are free to prove that the hotel has not incurred any or a significantly lower claim for compensation for use.

VII. Liability of the Hotel

1. The hotel is liable for its obligations under the contract. Claims of the customer for damages are excluded. This does not include damages resulting from injury to life, limb 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 contract-typical duties of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disturbances or defects occur in the services of the hotel, the hotel will endeavor to provide a remedy upon knowledge or immediate complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the disturbance and keep any possible damage to a minimum.

2. The hotel is liable to the customer for items brought in according to the statutory provisions. Thereafter, the liability is limited to one hundred times the room price, but not more than € 3,500, – and deviating for money, securities and valuables up to a maximum of € 800, -. Money, securities and valuables can be kept up to a maximum value of € (insert insurance sum of the hotel) in the hotel or room safe. The hotel recommends making use of this possibility.

3. Insofar as the customer is provided with a parking space in the hotel garage or on a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. In case of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is not liable, except in case of intent or gross negligence. For the exclusion of the customer’s claims for damages, the provision of the above number 1, sentences 2 to 4 shall apply accordingly.

4. Wake-up calls are carried out by the hotel with the greatest care. Messages, mail and merchandise shipments for the guests are treated with care. The hotel takes over the delivery, storage and – on request – the forwarding of the same for a fee. For the exclusion of claims for damages of the customer, the provision of the above number 1, sentences 2 to 4 shall apply accordingly.

VIII. Final Provisions

1. Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in writing. Unilateral amendments or supplements by the customer are invalid.

2. Place of performance and payment is Würzburg.

3. Exclusive place of jurisdiction – also for check and bill of exchange disputes – in commercial transactions is the registered office of the hotel under company law. If a contracting party fulfills the requirement of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the registered office of the hotel under company law shall be deemed the place of jurisdiction.

4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

5. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.