Terms and Conditions - Hotel Niedersächsischer Hof GmbH
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries of the Concorde Hotel Niedersächsischer Hof (hotel accommodation contract) provided for the customer in this context. The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract. The Hotel Niedersächsischer Hof – is hereinafter referred to as “hotel”.
1.2 The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in writing, whereby Section 540 (1) sentence 2 BGB is waived unless the customer is a consumer.
1.3 General terms and conditions of the customer only apply if this has been expressly agreed in advance.
2 Conclusion of contract, contract partner, statute of limitations
2.1 Contractual partners are the hotel and the customer. The contract is concluded when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in text form.
2.2 The guest accommodation contract is concluded as soon as a room has been ordered verbally or in writing and confirmed or made available.
2.3 The conclusion of the guest accommodation contract obliges the contracting parties to fulfill the contract, regardless of the duration of the contract.
2.4 All claims against the hotel become statute-barred one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims if the latter are based on an intentional or grossly negligent breach of duty by the hotel.
2.5 Contracting parties are the hotel and the customer. If a third party has ordered for the customer, the customer and the third party are jointly and severally liable to the hotel for all obligations under the contract, provided that the hotel has received a corresponding declaration from the third party.
2.6 The customer can state on a permanent data carrier up to seven days before the start of the journey that a third party will take over the rights and obligations from the travel contract instead. The hotel can object to the entry of a third party if the latter does not meet the contractual travel requirements.
2.7 If a third party enters into the contract, the third party and the customer are jointly and severally liable to the hotel. The hotel is free to demand the actual costs incurred through entry and reasonable additional costs against proof.
2.8 Option dates are binding for both contractual partners. The hotel reserves the right to rent out the reserved rooms and function rooms to someone else in the event that an option granted is not exercised in due time.
3 Services, Prices, Payment, Offsetting
3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the hotel’s agreed or applicable prices for rooms provided and for other services used by him. Unless otherwise agreed, these are derived from our respective price lists that were current at the time the contract was concluded. This also applies to services commissioned by the customer directly or via the hotel that are provided by third parties and disbursed by the hotel. The obligation to pay applies regardless of the actual use of the room. The obligation to pay does not apply if the room was canceled on time. It also does not apply if the hotelier was able to sublet the room at the same conditions.
3.3 The agreed prices include the taxes applicable at the time the contract is concluded. In the event of a change in statutory sales tax or the introduction, change or abolition of local taxes on the object of performance after the contract has been concluded, the prices will be adjusted accordingly. Any city tax that may be incurred is not included in the agreed prices and is owed in addition to the agreed prices.
3.4 The hotel can refuse its consent to a subsequent reduction in the number of booked rooms, the hotel’s services or the customer’s length of stay, as requested by the customer. Should the customer nevertheless reduce the length of stay, the hotel’s services or the number of rooms booked after the cancellation period has expired, the hotelier is entitled to apply the provision from 4.3 (right of withdrawal).
3.5 Early departure or late arrival do not entitle you to a price reduction. To protect yourself from the financial consequences of a cancellation, we recommend that you take out cancellation insurance.
3.6 Hotel invoices without a due date are payable within 14 days of receipt of the invoice without deduction. The hotel can demand immediate payment of due claims from the customer at any time. If the customer defaults on payment, the statutory regulations apply. The hotel reserves the right to provide evidence of higher damage.
3.7 The hotel is entitled to request a reasonable advance payment or security deposit from the customer, for example in the form of a credit card guarantee, upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. If the customer defaults on payment, the statutory regulations apply.
3.8 In justified cases, e.g. payment arrears by the customer or expansion of the scope of the contract, the hotel is entitled to make an advance payment or security deposit, even after the conclusion of the contract, up to the beginning of the stay, and also to raise the advance payment or security deposit agreed in the contract up to the full agreed remuneration desire.
3.9 The booking price must be paid before the service is used. In any case, when the use of the service has begun, the hotel is entitled at any time to create interim invoices which the customer must pay immediately.
3.10 The customer can only offset or set off an undisputed or legally binding claim against a claim by the hotel.
4 Withdrawal by the customer (cancellation, declaration of withdrawal, cancellation) / failure to use the hotel’s services (no show)
4.1 The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to a contract cancellation should be made in writing.
4.2 If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract until then without triggering payment or damage claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right to withdraw from the hotel by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if the hotel does not agree to the cancellation of the contract, the hotel retains the right to the agreed remuneration despite not using the service. The hotel must credit the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented to someone else, the hotel can apply a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 80% of the contractually agreed price for overnight accommodation without breakfast.
4.4 During trade fairs and events: Ligna, EMO, Agritechnica, DOMOTEX, TireTech, HMI, Interschutz, IAA, EUHA, EuroBlech, Interschutz Messe, Didatec, Hannover Messe, EuroTier, CeBIT, Battery Show and public holidays: New Year’s Eve, Easter, Ascension Pentecost, Corpus Christi, Day of German Unity, Christmas Holidays, different cancellation conditions and cancellation deadlines apply, which the guest will be informed of by means of a reservation confirmation.
5 Resignation of the hotel
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer on request of the hotel with reasonable setting a deadline does not waive his right to withdraw.
5.2 If an agreed or requested advance payment or security deposit is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justified reason, in particular if
• Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
• Rooms or rooms are culpably booked with misleading or false information or with concealment of essential facts; The identity of the customer, solvency or the purpose of stay can be essential;
• the hotel has justified cause to believe that the use of the service may endanger the smooth business operations, the security 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 cause of the stay is illegal;
The justified withdrawal by the hotel does not justify the customer’s claim to compensation.
6 Room provision, handover and return
6.1 The customer does not acquire the right to be provided specific rooms unless this has been expressly agreed. All ancillary agreements, such as room number, location, equipment, etc. are always recorded in writing. Please check your reservation in this regard.
6.2 Reserved rooms are available to the customer from 2 p.m. on the agreed arrival date. The customer has no right to earlier availability.
6.3 On the agreed departure date, the rooms must be vacated and made available to the hotel no later than 11:00 a.m. (Monday to Saturday) and no later than 12:00 noon (Sunday). Thereafter, due to the late vacating of the room, the hotel can charge 50% of the full accommodation price (list price) for use beyond the contract until 3:00 p.m., 90% from 3:00 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim to usage fee.
7 Hotel liability
7.1 The hotel is liable for damage to life, body or health for which it is responsible. Furthermore, it is liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this paragraph “Liability of the hotel”. Should disruptions or deficiencies in the hotel’s services occur, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
7.2 Claims for reduction in price or compensation for damages are therefore excluded if a notice of defects would not have been hopeless from the outset, but was culpably omitted. Likewise, a termination of the contract by the traveler in the event of a significant impairment of the trip according to § 537 BGB requires that the hotelier has been given a reasonable period of time to remedy the situation, if the remedy is not impossible or is refused by the landlord or if the immediate termination of the Contract is justified by a special interest of the traveler.
7.4 The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends using the hotel or room safe. If the guest wishes to bring money, securities and valuables with a value of more than 500 euros or other items with a value of more than 2,000 euros, this requires a separate storage agreement with the hotel.
7.5 If the customer is provided with a parking space in the hotel garage or in the hotel car park, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to vehicles parked or maneuvered on the hotel property and their contents.
7.6 Wake-up calls are carried out by the hotel with great care. Messages, mail and shipments of goods for guests are handled with care. The hotel will deliver, store and – on request – forward the same for a fee. The hotel is not liable for this.
8 additional regulations
8.1 Hotel vouchers are valid for 3 years from the date of issue. After that, they can no longer be used. The statutory limitation periods apply. Please provide the voucher number before booking. The voucher is transferable after consultation with the hotel. A cash payment of the hotel voucher is not possible.
8.2 For fire protection reasons and out of consideration for allergy sufferers, all rooms are non-smoking rooms. In the event of non-compliance, the lessor is entitled to charge a special cleaning fee of € 250.00.
8.3 Dogs are allowed in selected rooms for a fee after consultation with the hotel. We ask for your understanding that pets are not allowed in the breakfast room.
8.4 Package deals, special offers, discounts and rebates cannot be combined and cannot be booked in succession.
8.5 Hotel parking spaces cannot be reserved, they are only available subject to availability. There are fees for use.
9 final provisions
9.1 Changes and additions to the contract, the acceptance of applications or these general terms and conditions should be made in writing. Unilateral changes or additions by the customer are invalid.
9.2 Place of fulfillment and payment as well as exclusive place of jurisdiction – also for check and bill of exchange disputes – is Hanover in commercial dealings. If a contractual partner meets the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is Hanover.
9.3 German law applies. The application of the UN sales law and the conflict of laws is excluded.
9.4 Should individual provisions of these general terms and conditions be or become ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
9.5 In the event of disputes with the hotel, the general consumer arbitration board of the center would be responsible for arbitration. (Center for Arbitration e.V., Straßburger Straße 8 in 77694 Kehl am Rhein). The company is neither willing nor obliged to take part in a dispute settlement procedure.