General Terms and Conditions of Business
Betriebsgesellschaft Hotel Wegner GbR
Unless otherwise agreed in a separate contract, our general Terms and Conditions of Business apply.
1. An accommodation agreement is deemed to exist:
a) through the actual acceptance of the guest in the hotel without any formal accommodation agreement being concluded;
b) through the binding order of a certain number of hotel rooms for a certain number of guests, whereby written confirmation from the hotel can be dispensed with if the order is based on a written quotation from the hotel as long as the order does not differ from the hotel’s quotation.
c) The contractual partners are the hotel and the guest. If a third party has ordered on behalf of the guest, that party is jointly liable with the guest towards the hotel for all obligations arising from the hotel accommodation agreement as long as the hotel has a corresponding declaration from the third party.
The binding nature of the hotel’s confirmation of reservation does not apply if a requested down-payment is not made in time. Apart from this proviso, the order is binding on both sides. Cancellation of the agreement requires the written confirmation of the hotel management or its assistants. If the services reserved by the guest are not utilised, the cancellation terms covered by Clause 3 apply.
2. Provision of reserved room
There is no right to any particular reserved rooms, only to the category of room booked / confirmed. Room allocations are made by the hotel. Reserved rooms are available to the guest from 3 p.m. on the day of arrival until 11 a.m. on the day of departure. Unless a later arrival time is explicitly agreed, the hotel reserves the right to dispose of hotel rooms elsewhere which are not claimed by 6 p.m. on the day of arrival as part of its obligation to minimise its losses.
3. Terms of cancellation
Unless otherwise agreed in a separate contract – particularly for events and meetings – the following conditions apply to cancellations/premature departures/no-shows for rooms or services which have been reserved whereby the deadlines are to be calculated from the day on which the cancellation is received by the hotel: changes and/or cancellations must be made in writing
a) Cancellation up to 1 day before the agreed day of arrival: free of charge; (unless explicitly agreed otherwise)
b) No-show, premature departure and cancellation within 1 calendar day before the agreed day of arrival: 90 % of the prices agreed. (unless explicitly agreed otherwise)
3.2 Hotel stays during trade fairs (by way of derogation from 3.1):
a) Cancellation in the case of fairs up to 45 days before the agreed day of arrival: free of charge; unless explicitly agreed otherwise)
b) No-shows, premature departure and cancellation within 45 days of the day of arrival: 90% of the prices agreed. (unless explicitly agreed otherwise)
3.3 Events, meetings and groups:
a) The hotel grants its contractual partner the right to cancel the event booked up to 45 calendar days before it starts free of charge.
b) In the event of cancellation within the deadline of 44 calendar days, the hotel has a right to appropriate compensation. Such compensation amounts to:
aa) for cancellation in the period between 44 and 30 calendar days before the event, 35% of the contractually agreed amount for the event, in particular for providing the hotel conference rooms, hotel rooms as well as meals and drinks;
bb) for cancellation in the period between 29 and 15 calendar days before the event, 70% of the contractually agreed amount for the event, in particular for providing the hotel conference rooms, hotel rooms as well as meals and drinks;
cc) for cancellation in the period between 14 and 0 calendar days before the event, 90% of the contractually agreed amount for the event, in particular for providing the hotel conference rooms, hotel rooms as well as meals and drinks;
Changes to the number of people can be made by the contractual partner free of charge in writing up to no later than 5 calendar days before the event. The original number of participants can be reduced by a maximum of 10%. If the contractual partner reduces the number of participants within 4 calendar days before the start of the event, the hotel reserves the right to charge the contractual partner a flat fee of at least 50% of the sales cancelled.
The hotel will take any opportunity to dispose of cancelled rooms/services elsewhere as part of its obligation to minimise its losses. If the rooms are not sold elsewhere, the hotel may charge the customer the flat rate cancellation fees listed under Clauses 3.1-3.3. The customer is entitled to provide proof that the amount claimed was not incurred or not at the level demanded.
4. Overbooking for individual guests
If the hotel is overbooked through no fault of its own, it is entitled to allocate the ordering party at least equivalent rooms at the same rate in a comparable hotel in the direct vicinity. In this case, the ordering party is entitled to extraordinary termination of the accommodation agreement without penalty. This does not apply to group travel / conferences / events.
5. Terms of payment
All prices quoted by the hotel are gross amounts in euros and include the statutory rate of VAT at the time the service was performed.
If the time between the conclusion and fulfilment of the contract exceeds four months, and if the price charged by the hotel for similar services rises, the hotel may increase the contractually agreed price by an appropriate amount, but by no more than 10%.
Payments in advance are to be made within the deadline set in the request for payment (e.g. confirmation of reservation). The remaining amount must be settled in the hotel no later than on arrival / when the event starts. The hotel is entitled to refuse to accept guests if the accommodation costs resulting from the order have not been paid in advance or their payment is not guaranteed by credit card or another equivalent security shown to the hotel.
If the guest stays for a longer period, all guest accounts must be settled weekly. Entertainment costs must be settled immediately following the entertainment. As well as cash payments and bank transfer, the following means of payment are accepted: Visa, Mastercard, American Express credit cards and Maestro EC cards. Cheques will not be accepted as means of payment.
If the hotel grants the guest a loan – which can only occur on the basis of a separate agreement – all hotel invoices are due for payment within 10 days of the invoice date with no deductions. Amounts unpaid on their due date are in default, and a flat rate default interest charge of EUR 5.00 will be imposed up to an invoice amount of EUR 2,500 and a further flat rate of EUR 5.00 for every further EUR 500.00 in the invoice amount. Default interest of 5% above the base rate for consumers (§ 13 BGB) and 8% above the base rate for companies (§ 14 BGB) will be charged on amounts unpaid from the time of the third reminder (§ 288 Sec. 1 and Sec. 2 BGB).
6. Extraordinary termination of accommodation agreement
Without prejudice to its payment claim and any further claims, the hotel is entitled to terminate the accommodation agreement with immediate effect and to request the guest to leave the hotel immediately, if
a) the guest through his behaviour and despite a warning, consistently disturbs the hotel’s obligations towards it other guests;
b) the guest through his behaviour endangers the safety of the hotel, its staff and the other guests whereby there is no need for a warning in this case;
c) it becomes impossible for the hotel to fulfil its duties and it is not responsible for its inability to provide its services. In this case, the hotel’s claim
for consideration also no longer applies.
Otherwise, the right to extraordinary termination is confined to statutory regulations.
7. Liability of the hotel in accordance with § 701 ff BGB
The hotel is liable for belongings brought into the hotel in accordance with statutory provisions on the following condition:
an immediate report as defined by § 703 BGB must be made no later than on check-out. In accordance with § 702 BGB, the hotel’s liability for belongings and valuables brought into the hotel is limited to an amount corresponding to one hundred times the accommodation price for one night, but also to a minimum amount of EUR 600.00 and a maximum amount of EUR 3,500.00. For money, securities and valuables, the amount of 3,500 is replaced by EUR 800.00.
To the extent that the hotel accepts money, securities, precious items or other valuables for safe-keeping as part of its obligation arising from § 702 II BGB, its liability is limited to the aforementioned maximum amounts unless the loss, destruction or damage are the result of deliberate or grossly negligent conduct on the part of the hotel staff.
a. No claims for compensation will be accepted arising from wake-up call orders.
b. Food is no longer intended for consumption at the end of the event. It is at your own risk if you take it away.
c. Items found will only be forwarded on request on reimbursement of the costs incurred. Otherwise items found will be given to the local lost-and-found office if they are not kept.
d. If the customer is given a parking space in the hotel car park or a garage – even if for a fee – no contract of safekeeping is deemed to have been made. If cars and their contents parked or manoeuvred on hotel land are lost or damaged, the hotel is only liable in the event of wilful acts or gross negligence.
8. Third party services
In no way does the hotel act as a travel operator as defined by § 651 a BGB. The hotel therefore accepts no liability for services not provided by the hotel or its staff even if it acts as the intermediary between the guest and the provider of the third party service. However, the hotel will give the guest all the necessary details – if available – for the guest to enforce any claims for compensation against the provider of the third party service.
9. These terms and conditions of business become part of the contract
a) when the guest is accepted for accommodation without the conclusion of any formal contract, on the basis of the check-in formalities available at reception or handed to the guest;
b) in the event of a written order, by their inclusion with the hotel’s quotation or reference made to them, or in the event of a written order with no quotation, by their inclusion with the hotel’s letter of confirmation or reference made to them in such letter.
Special conditions for group travel
The following conditions apply for collective travel groups with a minimum number of 12 persons who arrive together and depart on the same day and who have identical arrangements / package.
b) (Prices) The prices communicated in writing (by the provider of the accommodation / organiser of the event) are gross prices per person, incl. the statutory rate of VAT at the time the service is provided.
c) (Payment conditions) A reservation is only binding on the hotel when the calculated down-payment of 60% has been credited to the hotel’s business account no later than 45 calendar days before arrival. For group travel, the full accommodation charge not covered by the down-payment as well as agreed entertainment costs must be settled no later than when the services are provided.
d) (Cancellation terms) The general terms of cancellation in Clause 3.3) apply unless other cancellation rules are defined by mutual agreement.
(List of names and food and drink) The organiser of the group travel must supply the hotel with a list of the names of people who will be arriving or taking part in the event no later than two weeks before their arrival/ the start of the event. If the composition of the menu has not already been taken into account during the order and cost calculation, the hotel must also be made aware of special wishes, in particular in relation to certain diets, two weeks before arrival. The hotel will endeavour to take such special wishes into account.
The hotel is also not liable for third party services for group travel, i.e. services provided by external agencies even if the hotel has acted as the intermediary in their provision. The hotel will support the organiser in pursuing any claims against the provider of the third party service, i.e. give him the necessary information.
Rooms will be made available on the day of arrival from 3 p.m. until 11 a.m. on the day of departure.
All reservations, changes and cancellations must be made in writing. The contractual partners undertake to keep confidential from third parties all information obtained with regard to the correspondence preceding and following the reservation.
10. Obligations of the customer
a. The customer is personally liable or bears joint and several liability with the perpetrator for any damage and soiling occurring in or to the rooms and objects provided for the customer during the term of the agreement which exceeds the normal scale of use.
b. Any use of the rooms and objects provided which differs from the agreement will entitle the hotel to terminate the contract with immediate effect without such termination in any way lessening the hotel’s claim to the agreed fee from the customer.
c. Animals may only be brought by guests with prior agreement and a guarantee provided by a credit card. Extensive cleaning expenditure incurred as a result of animals brought by the guest and any material damage will be charged and debited to the credit card details provided.
d. Organisers and their guests are forbidden from bringing and selling food and drink at events or conferences, and this will entitle the hotel to immediate termination of the agreement.
e. The customer may only use the logo or similar trademarks of the hotel for advertising purposes for the booked event with the prior agreement of the management. If the hotel makes use of its right of withdrawal, the customer must from that day on cease any advertising for the event planned in the hotel.
11. (Place of jurisdiction)
If statutory provisions permit the place of jurisdiction to be agreed, the courts responsible for the hotel’s registered address will be exclusively responsible for any claims arising from the accommodation agreement.
Version: December 2013.