General Terms and Conditions of Brenner Hotel GmbH & Co. KG

 

I. Scope

 

1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel for the customer.

2. The sublet or re-rental of the rooms provided as well as their use for non-accommodation purposes require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB shall be waived unless the customer is a consumer.

3. Terms and conditions of the customer shall only apply if this has been expressly agreed in advance in writing.

 

II. Conclusion of contracts, partners; limitation period

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

2. Contract partners are the hotel and the customer. If a third party has placed an order on behalf of the Customer, he or she shall be jointly and severally liable to the Hotel for all obligations arising from the Hotel Accommodation Contract, provided that the Hotel has received a corresponding declaration from the third party.

3. All claims against the hotel shall in principle be subject to limitation within one year from the beginning of the regular limitation period according to § 199 para. 1 BGB (German Civil Code). Claims for damages shall be subject to a limitation period of five years regardless of knowledge. The limitation periods shall not apply to claims based on a deliberate or grossly negligent breach of duty by the hotel. rest.

 

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 applicable or agreed prices of the hotel for the accommodation and the other services used by him. This also applies to services and expenses of the hotel to third parties initiated by the customer.

3. The agreed prices include the respective statutory VAT. If the period between the conclusion of the contract and the performance of the contract exceeds four months and the price charged by the Hotel generally for such services increases, the Hotel may increase the contractually agreed price appropriately, but by no more than 5%.

4. The prices may also be changed by the Hotel if the Customer subsequently requests changes in the number of rooms booked, the Hotel’s services or the length of stay of the guests and the Hotel agrees to them.

5. Invoices of the Hotel without due date are payable without deduction within 10 days of receipt of the invoice. The Hotel is entitled to make accrued receivables due at any time and to demand immediate payment. In the event of late payment, the Hotel is entitled to charge the applicable statutory default interest of currently 8% or in the case of legal transactions where a The hotel reserves the right to prove a higher damage.

6. The Hotel is entitled to demand an appropriate advance payment or security upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates may be agreed in writing in the contract.

7. The Customer may only offset or reduce an undisputed or legally binding claim against a claim of the Hotel.

 

IV. Withdrawal of the customer (i. e. cancellation, cancellation) / Non-use of the services of the hotel

1. Any withdrawal by 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 shall be paid even if the customer does not make use of the contractual services. This does not apply in the event of a breach of the Hotel’s obligation to take into account the rights, legal assets and interests of the Customer, if the Customer can no longer be expected to adhere to the contract or if he is entitled to any other statutory or contractual right of withdrawal.

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 any payment or compensation claims by the Hotel. The Customer’s right of withdrawal shall expire if he fails to exercise his right of withdrawal in writing against the Hotel by the agreed date, unless there is a case of withdrawal by the Customer in accordance with the third sentence of paragraph 1.

3. In the case of rooms not used by the customer, the hotel shall charge the income from other renting of the rooms as well as the saved expenses.

4. The hotel is free to demand the contractually agreed remuneration and to flat-rate the deduction for saved expenses. In this case, the client is obliged to pay at least 90% of the contractually agreed price for overnight stay with or without breakfast, 70% for half board and 60% for full board arrangements.

The customer is free to prove that the above-mentioned claim has not arisen or has not arisen in the required amount.

 

V. Withdrawal of the hotel

1. If a free right of withdrawal of the Customer has been agreed in writing within a certain period of time, the Hotel shall be entitled to withdraw from the contract during this period if there are requests from other Customers for the contractually booked rooms and the Customer does not waive his right of withdrawal at the request of the Hotel. If a free right of withdrawal of the customer has been agreed in writing within a certain period of time, the hotel shall be entitled to withdraw from the contract during this period if there are requests from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal at the request of the hotel.

2. If an advance payment agreed upon or required in accordance with Clause III No. 6 above is not made even after the expiry of a reasonable period of grace set by the Hotel, the Hotel is also entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, e. g. if

Force majeure or other circumstances beyond the control of the Hotel make it impossible to perform the contract;

rooms are booked under misleading or false indication of essential facts, e. g. in the person of the client or the purpose;

the hotel has reasonable grounds for believing that the use of the hotel services may endanger the smooth running of business, the security or the public image of the hotel, without being attributable to the hotel’s domain or organisation; there is a violation of Clause I No. 2 above.

4. In the event of a justified withdrawal of the hotel, the customer shall not be entitled to compensation.

 

VI. Provision, handover and return of rooms

1. The customer does not acquire the right to the provision of certain rooms.

2. Booked rooms are available to the customer from 14. 00 o’clock on the agreed day of arrival. The customer is not entitled to prior provision.

3. On the agreed day of departure, the rooms must be made available to the hotel vacated no later than 11. 00 a. m. Subsequently, the hotel may charge 50% of the full price of the accommodation (list price) for non-contractual use until 6 p. m. and 100% from 6 p. m. due to late vacations of the room. Contractual claims of the customer are not justified by this. He is free to prove that the hotel has not incurred any or a substantially lower entitlement to usage fees.

4. All rooms in the hotel are non-smoking. For non-smoking in the rooms we charge € 150,00 special cleaning fee!! If the fire alarm of the hotel is triggered by smoking in the hotel, the resulting costs will be charged to the customer in full.

5. The guest acknowledges joint and several liability for the full invoice amount and also for the use of the W-LAN network and the resulting claims from the Internet to the customer.

6. The guest is liable to the Brenner Hotel for any damage caused by him.

 

VII. Liability of the Hotel

1. The Hotel shall be liable with the care of a proper merchant for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, limb or health, if the Hotel is responsible for the breach of duty, other damages resulting from a deliberate or grossly negligent breach of duty of the Hotel, and damages resulting from a deliberate or negligent breach of contractual obligations of the Hotel Go. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disturbances or defects in the services of the Hotel occur, the Hotel will endeavour to remedy the situation if it is aware of or immediately complained to by the Customer. The customer is obliged to do what is reasonable for him to remedy the fault and to keep possible damage to a minimum.

2. the hotel shall be liable to the customer for items brought in accordance with the statutory provisions. Money, securities and valuables cannot be stored by the hotel. The hotel recommends to make use of this possibility. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). For any further liability of the hotel, the above number 1 sentences 2 to 4 apply accordingly.

Insofar as a parking space is made available to the customer in a hotel parking lot, even for a fee, this does not constitute a safekeeping contract. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel's property and their contents, except in cases of intent or gross negligence on the part of the hotel. Number 1 sentences 2 to 4 above shall apply accordingly. 4.

 4. Wake-up calls are carried out by the hotel with the utmost care. However, the hotel shall not be liable for any damages arising from late or non-execution of wake-up calls. 

5. messages, mail and merchandise shipments for the guests will be handled with care. The hotel will take care of delivery, safekeeping and - upon request - forwarding of the same against payment. Paragraph 1, sentences 2 to 4 above shall apply accordingly.

 

VIII Final Provisions

1. changes or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or supplements by the customer are invalid.

2. place of performance and payment is the registered office of the hotel.

3.The exclusive place of jurisdiction - also for disputes regarding checks and bills of exchange - in commercial transactions shall be the registered office of the hotel. If a contracting party fulfills the requirements of § 38 para. 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.

4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the Conflict of Laws shall be excluded.

5. should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.

6. We respect your privacy and process personal data within the framework of current data protection law only on the basis of legal provisions or if you consent to the processing. You can obtain information about the processing of personal data relating to you and revoke your consent at any time. For the information or the revocation, an informal message by e-mail or by fax to us (see reverse) is sufficient. As a matter of principle, we do not pass on any data to third parties. In addition, we refer to the data protection provisions on our website.