TERMS & CONDITIONS IN ANKER GUESTHOUSE
The following general terms and conditions are based on recommendations issued by the German Hotel Association (IHA) e.V.
§ 1 Scope of the application
(1) These Terms and Conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel for the customer.
(2) The prior written consent of the hotel is required if rooms provided are to be sublet or rented to other parties or used other than for lodging purposes, whereby § 540, para. 1, sentence 2 of the German Civil Code is waived insofar as the customer is not a user.
(3) The customer’s general terms and conditions shall apply only if these are previously expressly agreed in writing.
§ 2 Conclusion of Contract, Parties, Liability, Statute of Limitations
(1) The contract shall come into force upon the hotel’s acceptance of the customer’s application. This means that a hotel accommodation contract is concluded even in the case of the telephone order from the customer and the oral confirmation of the booking by the hotel. The hotel is free to confirm the room reservation in writing.
(2) The parties to the contract are the hotel and the customer. If a third party placed the order on behalf of the customer, then that party shall be liable together with a customer to the hotel for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding statement from the third party.
(3) Any claims against the hotel are subject to a 6-month period of limitation after the commencement of the general statute of limitations constituted in § 199, para. 1 of the German Civil Code. Damage claims are subject to one-year period of limitation, independent of knowledge. The reduction of limitation periods does not apply to claims based on a deliberate or negligent violation of obligations on the part of the hotel.
§ 3 Services, prices, payment and offsetting
(1) The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.
(2) The customer is obligated to pay the applicable or agreed hotel prices for rooms provided and for other services used. This also applies to the hotel’s services and outlays rendered to third parties by the hotel at the customer's request.
(3) The agreed prices include applicable value-added tax as required by law. If the period between conclusion and fulfillment of the contract exceeds 4 months and if the price generally charged by the hotel for such services increases, then the hotel may raise the contractually agreed price to a reasonable extent but not, however, by more than 5 %.
(4) The hotel may change prices if the customer later wishes to make changes in the number of reserved rooms, the hotel’s services, or the length of guests’ stay, and the hotel consents to such changes.
(5) Hotel invoices are to be paid at the latest upon the departure in cash. In case of payment default, the hotel is entitled to charge the respectively applicable statutory default interest in the amount of currently 8 % or, with legal transactions with a consumer, in the amount of 5 % above the base interest rate. The hotel retains the right to sue for higher damages.
(6) The hotel is entitled to require a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, observing the legal provisions for package tours. The amount of the advance payment and payment dates may be agreed in writing in the contract.
(7) The customer may set-off or reduce a claim by the hotel with an undisputed or legally binding counter-claim only.
§ 4 Repudiation by Customer (Cancellation, Annulment)/Failure to Use Hotel Services (No Show)
(1) Cancellation by the customer of the contract concluded with the hotel requires the hotel’s written consent. If such consent is not given, the customer must pay the price agreed in the contract even if the customer does not use the contractually specified services. This does not apply if the hotel fails in its obligation to consider the rights and interests of the customer, where the latter can no longer be expected to abide by the contract or has any other legal or contractual right to demand cancellation.
(2) If the hotel and customer agreed in writing upon a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of cancellation shall expire if he does not exercise his cancellation right in writing to the hotel by the agreed date, unless the claim is a matter of cancellation as described in para. 1, sentence 3.
(3) If rooms are not used by the customer, the hotel must apply credit for the income from renting the rooms to other parties and also for expenses saved.
(4) The hotel is free to demand the contractually agreed compensation. For cancellations up to 35 days before the arrival date, 20 % from the whole amount (at least 1 overnight stay) is charged. Later cancellation is charged at 80% from the whole amount. No cancellation (No Show) is charged at 100% from the whole amount.
§ 5 Repudiation by Hotel
(1) If the right of cost-free cancellation within a certain period was agreed in writing for the customer, the hotel is entitled for its part to cancel the contract during that period if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not relinquish his right of withdrawal from the contract.
(2) If an agreed advance payment or an advance payment demanded in compliance with § 3, para. 6 is not paid after the appropriate period of grace set by the hotel expires, the hotel is also entitled to to cancel the contract.
(3) In exceptional circumstances, the hotel is also entitled to withdraw from the contract for legally justifiable reasons, e.g.:
- force majeure or other circumstances for which the hotel is not responsible and which make it impossible to fulfill the contract;
- rooms are reserved with misleading or false information regarding essential facts, such as the identity of the customer or the purpose;
- the hotel has justified reasons to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, in cases where this is not within the hotel’s power to control or arrange;
- §1 para 2 is infringed.
(4) The customer can derive no right to compensation from justified cancellation by the hotel.
§ 6 Room Availability, Moving in / out
(1) The customer does not acquire the right to be provided with certain specific rooms.
(2) Reserved rooms are available to the customer starting at 15.00 on the agreed arrival date.
(3) The customer does not have the right to earlier availability.
(4) Rooms must be vacated and made available to the hotel no later than 9.00 on the agreed departure date. After that time, if the customer leaves the room later than contractually agreed the hotel may charge 50% of the full accommodation rate (list price) for the additional use of the room until 16.00 (after 16.00 – 100%). The customer is free to show the hotel that no damage or a considerably lower damage has been incurred to the hotel.
§ 7 Liability of the Hotel
(1) The hotel is to act with the due diligence of a prudent merchant and is liable as such for the obligations arising from the contract. Claims of the customer for reimbursement of damages are precluded except for such which result from death, injury to body or health and the hotel is responsible for the violation of the obligation, other damages caused by an intentional or grossly negligent infringement of obligation and damages caused by an intentional or negligent breach of obligations of the hotel typical for the contract. A breach of obligation of the hotel is the equivalent to that of a legal representative or employee. Should disruptions or defects occur in the performance of the hotel, the hotel is to take measures to eliminate them as soon as being informed of them or upon the customer's prompt complaint. The customer is committed to contribute to reasonable degree to eliminate the dysfunction and to keep possible damage at a minimum.
(2) The hotel is not liable to the customer for property brought into the hotel.
(3) If a parking space is provided to the customer in the hotel garage or a hotel parking space, even for a fee, this does not constitute a safekeeping contract. The hotel assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property, nor their contents, except in cases of intent or gross negligence. Para. 1, sentences 2 to 4 are applicable accordingly.
(4) Wake-up services are performed by the hotel with the greatest possible care.
(5) Messages, mail and delivered packages for guests are handled with care. The hotel ensure delivery, storage and, upon request and against payment, forwarding such items. Para. 1, sentences 2 to 4 are applicable accordingly.
§ 8 Final Provisions
(1) Amendments and supplements to the contract, the acceptance of applications, or these General Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral amendments and supplements by the customer are not valid.
(2) Place of performance and payment is the location of the hotel’s registered office.
(3) The exclusive place of jurisdiction for commercial transactions for all disputes, including those for checks and bills of exchange, is the hotel’s registered office. If as a contracting party fulfils the requirements of § 38, para. 2 of the German Code of Civil Procedure and has no general place of jurisdiction within the country, the place of jurisdiction is the hotel’s registered office.
(4) German law applies. The appliance of the UN sales law and the conflict law is excluded.
(5) Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or null and void, the validity of the remaining provisions remains unaffected thereby. In all other respects, statutory provisions apply.