General Terms and Conditions Hotel and Villa Accommodation Agreement
for the hotel accommodation contract of R&R Hotels und Villen, Ralf Schlüter and Kerstin Zimmermann GbR
I. Scope
These terms and conditions apply to contracts for the rental of hotel rooms, apartments and holiday homes for accommodation purposes as well as all other services and deliveries provided to the customer by the respective R&R hotels and villas (hereinafter referred to as "hotel"). The term "hotel accommodation contract" includes and replaces the following terms: Accommodation, guest accommodation, hotel, hotel room contract.
Subletting or subletting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 para. 1 sentence 2 BGB is waived.
The customer's general terms and conditions of business shall only apply if this has been expressly agreed in writing in advance.
Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs within the meaning of §§ 13, 14 BGB.
II. Conclusion of contract, -partner; limitation period
The contract is concluded when the hotel accepts the customer's application. If the hotel makes a binding offer to the customer, the contract is concluded by the customer's acceptance of the hotel's offer. The room booking shall be confirmed in writing.
The contracting parties are the hotel and the customer. If a third party has placed an order on behalf of the customer, the customer is liable to the hotel together with the third party as joint and several debtor for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration by the third party.
All claims of the customer or the third party against the hotel are generally subject to a limitation period of one year from the beginning of the regular limitation period, which is dependent on the customer's knowledge, as defined in § 199 para. 1 BGB. However, claims for damages against the hotel shall become statute-barred after 3 years at the latest, depending on the level of knowledge, and 10 years after the breach of duty, irrespective of the level of knowledge. These reductions of the limitation period shall not apply ...
- in the case of claims based on intent or gross negligence on the part of the hotel - including its vicarious agents
- in the case of damages caused by negligence resulting from injury to life, body or health.
In the case of negligently caused damage to property and financial losses, the shortened limitation periods shall not apply in the event of a breach of a material contractual obligation. Essential contractual obligations are those whose fulfilment characterises the contract and on which the customer may rely.
III. Services, prices, payments, offsetting
The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
The customer is obligated to pay the hotel's applicable or agreed prices for the provision of the rooms and the additional services used by the customer. This also applies to the hotel's services and expenses to third parties arranged by the customer. The agreed prices include the taxes and local levies applicable at the time the contract is concluded. They do not include local charges that are owed by the guest himself in accordance with the respective local law, such as visitor's tax. In the event of a change in the statutory value-added tax or the introduction, amendment or abolition of local levies on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion of the contract and fulfilment of the contract exceeds 4 months.
The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel's services or the customer's length of stay requested by the customer dependent on an increase in the price of the rooms or other services provided by the hotel.
Hotel invoices without a due date are payable within 10 calendar days of receipt of the invoice without deduction. The hotel is entitled at any time to declare accrued accounts receivable due and payable and to demand immediate payment. In the event of default in payment, the hotel is entitled to charge the respectively applicable statutory default interest in the amount of currently 9 percentage points or, in the case of legal transactions involving a consumer, in the amount of 5 percentage points above the base interest rate. In addition, the hotel may charge a fee of EUR 5.00 per reminder in the event of default. The Hotel reserves the right to prove and assert higher damages.
The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the dates of payment may be agreed in the contract in text form.
In justified cases, e.g. if the customer is in arrears with payments or if the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract, to demand an advance payment or security deposit within the meaning of clause 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
The customer may only offset an undisputed or legally valid claim against a claim of the hotel.
For bookings made more than 180 days in advance, the hotel reserves the right to a possible price increase or recalculation.
IV. Withdrawal of the customer (cancellation) / non-use of the hotel's services (No Show)
The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if another legal right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of rescission and any consent to a cancellation of the contract shall be made in writing.
Insofar as the hotel and the customer have agreed on a date for free rescission of the contract (option), the customer may rescind the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of rescission expires if he does not exercise his right of rescission vis-à-vis the hotel in text form by the agreed date.
If a right of rescission has not been agreed or has already expired, there is also no statutory right of rescission or termination, and if the hotel does not agree to rescind the contract, the hotel retains the claim to the agreed remuneration despite not using the service. The hotel shall offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented out to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obligated to pay at least 90 % of the contractually agreed price for overnight accommodation with or without breakfast as well as for all-inclusive arrangements with third-party services, 70 % for half-board and 60 % for full-board arrangements. The customer is free to prove that the claim did not arise or did not arise in the required amount.
Insofar as the hotel specifically calculates the compensation, the maximum amount of the compensation shall be the contractually agreed price for the service to be rendered by the hotel, less the value of the expenses saved by the hotel as well as that which the hotel acquires through other uses of the hotel services.
The above provisions on compensation shall apply accordingly if the Guest does not use the room or services booked without notifying the Hotel in good time (No Show).
V. Cancellation by the hotel
Insofar as the customer's right to withdraw from the contract free of charge within a certain period of time has been agreed in writing, the hotel is likewise entitled for its part to withdraw from the contract free of charge during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his right to withdraw within 2 weeks upon inquiry by the hotel. If the customer fails to do so, the hotel is entitled to rescind the contract.
If an agreed advance payment or security deposit, or one requested in accordance with III. clause 5, is not made even after a reasonable grace period set by the hotel has expired, the hotel is likewise entitled to rescind the contract.
Furthermore, the hotel is entitled to extraordinary cancellation of the contract for a factually justified reason, in particular if ...
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
- rooms are culpably booked under misleading or false information or withholding of essential facts (e.g. in the person of the customer, solvency or the purpose of the stay)
- the hotel has reasonable cause to believe that the use of the hotel's services may jeopardize the smooth operation of the business, security or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization;
- a violation of I. Item 2 exists.
In the event of justified withdrawal by the hotel, the customer shall have no claim to damages.
VI. Room provision, Handover and Return
The customer does not acquire any claim to the provision of specific rooms unless this has been expressly agreed.
Booked rooms are available to the customer at the earliest from 15.00 hours on the agreed day of arrival. Booked apartments or holiday flats are available to the customer at the earliest from 4 p.m. of the agreed day of arrival. The customer has no right to earlier availability.
On the agreed day of departure the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest. On the agreed day of departure, the apartments and holiday flats shall be made available to the hotel no later than 10.00 a.m. Thereafter, the hotel may charge 50 % of the currently valid daily lodging rate in the event of late vacating of the room, apartment or holiday flat for its use in excess of the contractual period until 6 p.m., and 100 % from 6 p.m. onwards. Contractual claims of the customer are not justified by this. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee. Furthermore, the hotel reserves the right to prove and assert higher damages.
VII. Liability of the Hotel
R&R Hotels und Villen GbR is liable for damages caused by intent and gross negligence - also by its vicarious agents - in accordance with the statutory provisions. The same applies to damages caused by negligence resulting from injury to life, body or health. In the case of negligently caused material and financial damages R&R Hotels und Villen GbR and its vicarious agents shall only be liable in the event of a breach of an essential contractual obligation, but the amount of liability shall be limited to the damages foreseeable and typical for the contract at the time of conclusion of the contract; essential contractual obligations are those whose fulfilment characterises the contract and on which the customer may rely. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy such upon knowledge thereof or upon the customer's immediate complaint. The customer is obligated to make all reasonable efforts to remedy the disruption and minimize any possible damage, and to notify the hotel immediately of any disruption or damage.
The hotel shall be liable to the customer for items brought in in accordance with the statutory provisions of §§ 701 et seq. BGB up to a maximum amount of EUR 3,500.00. The amount of EUR 3,500.00 shall be replaced by the amount of EUR 800.00 for money, securities and valuables.
If the guest wishes to deposit money, securities and valuables with a value of more than EUR 800.00 or other items with a value of more than EUR 3,500.00, this requires a separate storage agreement with the hotel. Storage in the hotel or room safe is generally recommended. Any further liability of the hotel shall be governed by the above provision of VII. clause 1.
Insofar as the customer is provided with a parking space in the hotel garage or a hotel parking lot - even against payment - this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, the hotel shall only be liable in accordance with VII. clause 1.
Wake-up orders are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for customers are also handled with the greatest care. The Hotel shall be responsible for delivery and safekeeping (in each case at the Hotel) and - if requested - for forwarding them for a fee. Clause 1 above shall apply accordingly.
VIII. Data Protection
You can find our data protection information according to article 13,14 DSGVO here.
IX. Final provisions
Amendments or supplements to the contract, the acceptance of the application or these General Terms and Conditions for the hotel accommodation contract should be made in text form. Unilateral amendments or additions by the customer are invalid.
Place of performance and payment is the registered office of the respective hotel.
The exclusive place of jurisdiction - also for disputes concerning checks and bills of exchange - in commercial transactions is the competent court for the hotel's registered office. Insofar as a contractual partner fulfills the requirements of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.
German law shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.
Should individual provisions of these General Terms and Conditions for the Hotel Accommodation Agreement be or become invalid or void, the validity of the remaining provisions shall not be affected thereby. In all other respects the statutory provisions shall apply.
IX. Final provisions
Amendments or supplements to the contract, the acceptance of the application or these General Terms and Conditions for the hotel accommodation contract should be made in text form. Unilateral amendments or additions by the customer are invalid.
Place of performance and payment is the registered office of the respective hotel.
The exclusive place of jurisdiction - also for disputes concerning checks and bills of exchange - in commercial transactions is the competent court for the hotel's registered office. Insofar as a contractual partner fulfills the requirements of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.
German law shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.
Should individual provisions of these General Terms and Conditions for the Hotel Accommodation Agreement be or become invalid or void, the validity of the remaining provisions shall not be affected thereby. In all other respects the statutory provisions shall apply.