Hotel Niedersächsischer Hof – General Terms and Conditions

1 Scope

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 provided to the customer in this context by the Hotel Niedersächsischer Hof (hotel accommodation contract).

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 the “Hotel”.

1.2 The subletting or subletting of the rooms provided and their use for purposes other than accommodation require the hotel’s prior consent in text form, whereby Section 540 Paragraph 1 Sentence 2 BGB is waived unless the customer is a consumer.

1.3 The customer’s general terms and conditions only apply if this has been expressly agreed upon in advance.

2 Conclusion of contract, partner, statute of limitations

2.1 The contractual partners are the hotel and the customer. The contract is concluded when the hotel accepts the customer’s application. In particular, the contract is concluded as soon as the customer requests or books a room and the hotel expressly accepts the booking. The hotel is free to confirm the room booking. Confirmation can be made in writing, verbally, by telephone, by fax or email.

2.2 The conclusion of the guest accommodation contract obliges the contracting parties to fulfill the contract, regardless of the duration of the contract.

2.3 All claims against the hotel generally expire one year from the start of the statutory limitation period. This does not apply to claims for damages or other claims if they are based on injury to life, body or health or an intentional or grossly negligent breach of duty by the hotel; These expire in accordance with the statutory provisions.

2.4 The contractual partners are the hotel and the customer. If a third party has ordered for the customer or on his behalf, the customer is liable to the hotel together with the third party as joint and several debtors for all obligations arising from the contract, provided that the hotel has a written declaration from the third party or the customer stating that: that the booking or order was made for the customer.

2.5 The customer can declare on a durable medium up to three days before the start of the trip that a third party will take over the rights and obligations from the travel contract instead of him. The entry of the third party is only permitted if the hotel expressly agrees to this and a corresponding declaration of consent from the third party has been presented.

2.6 If a third party enters into the contract within the meaning of the previous paragraph, the third party and the customer are jointly and severally liable to the hotel. The hotel is free to demand the additional costs actually incurred by the entry and reasonable additional costs against proof.

2.7 Option data agreed in individual contracts is binding for both contractual partners. The hotel reserves the right to rent the reserved rooms and function rooms to someone else if an option granted is not exercised in a timely manner.

3 Services, prices, payment, offsetting

3.1 The hotel is obliged to keep the rooms booked by the customer available from the agreed time and for the agreed duration and to provide the agreed services.

3.2 The customer is obliged to pay the hotel’s agreed or applicable prices for the room rental and the other services used by him. Unless otherwise agreed, these result from our respective price lists that are current at the time the contract is concluded. This also applies to services ordered by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel. The obligation to pay exists regardless of the actual use of the room. There is no obligation to pay if the room is canceled on time. It also does not apply if the hotel could re-let the room under at least the same conditions.

3.3 The agreed prices include taxes applicable at the time the contract is concluded. If there is a change in the statutory sales tax or the introduction, change or abolition of local taxes on the subject of the service after the contract has been concluded, the prices will be adjusted accordingly.

3.4 Any city tax that may apply (particularly but not exclusively in the form of a guest contribution) is not included in the agreed prices and is due in addition to the agreed prices.

3.5 The hotel may refuse to agree 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. 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 hotel is entitled to apply the regulation from 4.3 (withdrawal of the customer) insofar as the hotel retains its claim to the agreed remuneration despite (partial) non-use of the service, if necessary taking into account saved expenses.

3.6 An early departure or late arrival does 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.

3.7 Invoices from the hotel without a due date are due without deduction within 14 days of receipt of the invoice. The hotel can demand immediate payment of outstanding claims from the customer at any time. If the customer defaults on payment, the statutory regulations apply. The hotel reserves the right to prove greater damage.

3.8 The booking price must be paid before the service is used. In any case, once the service has begun to be used, the hotel is entitled at any time to issue interim invoices, which the customer must pay immediately upon request.

3.9 The hotel is entitled to demand an appropriate advance payment or security, for example in the form of a credit card guarantee, from the customer 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 legal provisions remain unaffected. If the customer defaults on payment, the statutory regulations apply.

3.10 In justified cases, in particular but not exclusively if the customer is in arrears in payment or if the scope of the contract is extended, the hotel is entitled to make an advance payment or security deposit up to the start of the stay, even after conclusion of the contract, and to increase the advance payment or security deposit agreed in the contract up to the full amount to demand the agreed remuneration.

3.11 The customer can only offset or set off an undisputed or legally binding claim against a claim of the hotel.

3.12 The hotel has a legal lien on the items brought in by the guest or their accompanying persons in accordance with Art § 704 BGB.

4 Withdrawal of the customer (cancellation, declaration of withdrawal, cancellation) / non-use of 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 legal right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement on a right of withdrawal and any consent to cancel the contract should each be made in text form.

4.2 If a specific time for withdrawing from the contract free of charge has been agreed between the hotel and the customer in an individual contract, the customer can withdraw from the contract until then without triggering any claims for payment or damages from the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed time.

4.3 Declarations of withdrawal must always be made in writing. The same applies to other declarations that are intended to lead to termination of the contract.

4.4 If a right of withdrawal has not been agreed or has already expired, there is no statutory right of withdrawal or termination and the hotel does not agree to the cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use of the service, provided that the non-use is not due to circumstances, which are within the hotel’s control or are due to force majeure. The hotel must take into account the income from renting the rooms elsewhere as well as the saved expenses. If the rooms are not rented to someone else, the hotel can make 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 less breakfast. The customer is free to prove that a different occupancy took place or that the expenses saved were higher.

4.5 During trade fairs and events: Traffic Court Days (VGT), EMO, Agritechnica, HMI, Interschutz, IAA, EUHA, EuroBlech, Interschutz Messe, Didatec, Hannover Messe, EuroTier, CeBIT, Battery Show as well as public holidays: New Year’s Eve, Easter, Ascension Day, Pentecost , Corpus Christi, Day of German Unity, Christmas holidays, different cancellation conditions apply as agreed in individual contracts Cancellation deadlines that are announced to the guest in a reservation confirmation.

5 Cancellation 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 responds to the hotel’s inquiry with appropriate The customer does not waive his right to withdraw from the deadline or does not finally confirm the booking.

5.1 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.

5.2 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, but in particular not conclusively if

o Force majeure or other circumstances for which the hotel is not responsible make fulfillment of the contract impossible;

o Rooms or rooms are culpably booked using misleading or false information or concealing essential facts; The identity of the customer, the ability to pay or the purpose of the stay may be important;

o the hotel has reasonable grounds to believe that the use of the service may endanger the smooth operation of the business, the security or the public reputation of the hotel, without this being attributable to the control or organizational area of ​​the hotel;

o the purpose or reason for the stay is unlawful;

The hotel’s justified withdrawal does not justify the customer’s claim to compensation.

Any claim by the hotel for compensation for damages incurred and/or expenses incurred by it remains unaffected in the event of justified termination of the contract.

6 Room preparation, handover and return

6.1 The customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed. All additional agreements, such as room number, location, amenities, etc., are generally recorded in writing. Please check your reservation in this regard.

6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival day. The customer has no right to earlier provision.

6.3 On the agreed departure day, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. 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., and 90% from 3:00 p.m. This does not justify the customer’s contractual claims. He is free to prove that the hotel has no claim or a significantly lower claim for usage fees or damages.

6.4 The guest may only use the booked accommodation as intended and must use the rooms and furnishings carefully and, if available, in accordance with the provisions of the usage or house rules. Unless otherwise agreed, the accommodation can only be used by the guest and the other persons identified in the booking confirmation. A transfer of use to third parties and in particular a subletting require the prior written consent of the accommodation provider.

6.5 The traveler is obliged to immediately report any defects, disruptions and impairments in use to the accommodation provider and to request remedial action.

7 Liability of the hotel

7.1 The hotel is liable for damages resulting from injury to life, body or health for which it is responsible. Furthermore, it is liable for other damages that result from an intentional or grossly negligent breach of duty by the hotel or for foreseeable damages that are based on an intentional or negligent breach of the hotel’s typical contractual obligations. Typical contractual obligations (so-called cardinal obligations) are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely. 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 stipulated in this “Hotel Liability” regulation. If disruptions or deficiencies occur in the hotel’s services, the hotel will endeavor to remedy the situation upon knowledge or immediate complaint from the customer. The customer is obliged to do what is reasonable for him to remedy the disruption and keep any possible damage to a minimum. Furthermore, the guest is obliged to inform the accommodation provider in a timely manner of the possibility of exceptionally high damage occurring.

7.2 Claims for a reduction or compensation for damages are therefore excluded unless a complaint about defects would have been hopeless from the outset but was culpably omitted.

7.3 The hotel is liable to the customer for items brought in in accordance with the statutory provisions, in particular Section 702 of the German Civil Code (BGB). The hotel recommends using the hotel or room safe. If the guest wishes to bring in 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. Any liability claims expire if the guest does not notify the hotel immediately after becoming aware of loss, destruction or damage (§ 703 BGB). The above paragraphs apply to any further liability of the accommodation provider.

7.4 If the customer is provided with a parking space in the hotel garage or in the hotel parking lot, even for a fee, this does not constitute a storage contract. In particular, this does not create any monitoring obligation on the part of the hotel. The hotel is not liable if motor vehicles parked or maneuvered on the hotel property and their contents are lost or damaged, except in the cases mentioned in 7.1.

7.5 Wake-up calls are carried out by the hotel with commercial care. Messages, mail and shipments of goods for guests are handled with care. The hotel takes care of delivery, storage and – if requested – forwarding of the same for a fee. If the forwarding is carried out for a fee, the hotel is only liable for intent and gross negligence; otherwise liability is excluded.

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 safety reasons and out of consideration for allergy sufferers, all rooms are non-smoking. At

If you do not comply, the hotel is entitled to charge a special cleaning fee of 250 euros. The customer is free to prove that the cleaning costs incurred are lower.

8.3. Dogs and pets are not permitted. Except assistance dogs after consultation with the hotel.

8.4. Package offers, special offers, discounts and rebates cannot be combined and cannot be booked consecutively.

8.5. Hotel parking spaces cannot be reserved; they are only available based on availability. Fees apply for use.

9 Final Provisions

9.1 Changes and additions to the contract, the acceptance of the application or these general terms and conditions should be made in text form. Unilateral changes or additions by the customer are ineffective.

9.2 The place of fulfillment and payment as well as the exclusive place of jurisdiction – also for check and bill of exchange disputes – in commercial transactions is Saarbrücken. If a contractual partner meets the requirements of Section 38 Paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is Saarbrücken.

9.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods 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 will not affect the effectiveness of the remaining provisions. Otherwise, the legal regulations apply.

9.5 In the event of a dispute with the hotel, the General Consumer Arbitration Board of the Arbitration Center would be responsible. (Center for Arbitration e.V., Straßburger Straße 8 in 77694 Kehl am Rhein). The company is not willing or obliged to take part in a dispute resolution process.