General Terms and Conditions for the provision of guest rooms at the Sir & Lady Astor in Dusseldorf (called as a result of the hotel).
1. These terms and conditions apply to contracts for the leasing of guest rooms for lodging, as well as for all services and deliveries of the hotel provided to the customer.
2. Conclusion of contract, prices, payment, offsetting
1. The contract is concluded by the order acceptance (confirmation) of the hotel at the booker.
2. Contractual partners are the hotel and the customer. If a third party has ordered for the customer, he is liable to the hotel together with the customer as joint debtor for all obligations arising from the guest room contract, provided the hotel has a corresponding declaration from the third party.
3. The hotel is liable for its obligations under the contract. In the non-performance area, the liability is limited to intent and gross negligence of the hotel.
4. The limitation period for all claims of the customer is 6 months.
5. This limitation of liability and short limitation periods apply in favor of the hotel even in case of breach of obligations in the contract and positive breach of contract.
6. If the reservation confirmation differs from the content of the registration, the content of the reservation confirmation becomes part of the contract, unless the guest has objected immediately, at the latest with the acceptance of the services.
7. When registering for several persons, group, seminar and conference events, the number and, if applicable, lists of participants must be notified to the hotel up to 10 days before arrival or event. Political events are to be clearly marked when registering.
3. Services, prices, payments, offsetting
1. The contractual scope of services of the hotel results from the agreements made.
2. The hotel is obliged to keep the rooms reserved by the customer available and to provide the agreed services.
3. The customer is obliged to pay the hotel for the room rental and the other services used by him or agreed prices. This also applies to services provided by the customer and expenses of the hotel to third parties.
4. The agreed prices include the respective statutory value added tax. If the period between conclusion of the contract and performance of the contract exceeds 4 months and the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately, but not by more than 10%.
5. If during the contract period the applicable VAT rate changes, the hotel is entitled to adjust the prices.
6. Prices may also be changed by the hotel if the customer subsequently requests changes to the number of booked rooms, the services of the hotel or the length of stay of the guests and the hotel agrees.
7. Subject to separate arrangements, the fee is due for reservations on arrival, otherwise with the departure of the guest.
8. For stays of more than 3 days, the hotel may issue an interim invoice.
9. Invoices of the hotel without a due date are payable immediately and without deduction. The hotel is entitled to make any accrued claims due at any time and to demand immediate payment. In case of late payment, the hotel is entitled to charge interest of 4% above the respective discount rate of the Deutsche Bundesbank. The customer reserves the proof of a lower, the hotel of a higher damage reserved.
10. If the guest is in default of payment, the hotel may cancel the agreement with immediate effect. The assertion of further damages, in particular the failure of other rental, remains reserved for the hotel.
11. 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 holidays. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
12. If the guest terminates his stay prematurely, he remains liable for payment of the remaining remuneration minus any saved expenses of the hotel, unless he proves that this has failed to provide adequate re-letting.
13. If the guest, for whatever reason, does not avail himself of breakfast, neither shall he be entitled to any reimbursement nor proportionate nor to reduction.
13. The customer can only offset or reduce the claim against a claim of the hotel with an undisputed or legally enforceable claim.
4. Cancellation of the customer (cancellation, cancellation)
1. A withdrawal of 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 is payable even if the customer does not make use of contractual services. This does not apply in case of default in performance of the hotel or any impossibility of service provision for which it is responsible.
2. Insofar as an appointment to withdraw from the contract has been agreed in writing between the hotel and the customer, the customer can by then withdraw from the contract without redeeming any payment or damage claims of the hotel. The customer's right of withdrawal lapses if he does not exercise his right to withdraw from the contract in writing to the hotel by the agreed date, unless there is a case of delayed performance of the hotel or an impossibility of performing services for which it is responsible.
3. The above compensation provisions shall apply mutatis mutandis if the guest does not use the booked room or booked services without informing the hotel in good time.
In the case of the room not used by the customer, the hotel has to charge the income from other rental of these rooms as well as the saved expenses. If the rooms are not otherwise rented, the hotel may demand the contractually agreed remuneration and flat-rate the deduction for saved expenses of the hotel. In this case the customer is obligated to pay at least 80% of the agreed price for overnight stays with or without breakfast. The customer is free to prove that the aforementioned claim was not incurred or not in the required amount.
5. Resignation of the hotel
1. If an agreed advance payment is not made even after expiry of a reasonable grace period set by the hotel with a threat of refusal, the hotel is also entitled to withdraw from the contract.
2. Furthermore, the hotel is entitled to withdraw from the contract for a materially justified reason, for example if
force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible,
Rooms misleading or misrepresenting material facts, e.g. in the person of the customer or purpose, to be booked,
the hotel has reason to believe that the use of the hotel services can jeopardize the smooth operation of the business, the security or the reputation of the hotel in public, without this being attributable to the domain or organization of the hotel,
A violation of the above scope of paragraph 2 is present.
3. The hotel must notify the customer of the exercise of the right of withdrawal without delay
4. In case of justified cancellation of the hotel no claim of the customer for compensation for damages arises.
6. Room preparation, handover and return
1. Booked rooms are available to the customer from 3 pm on the agreed arrival day. The customer has no right to earlier availability.
2. On the agreed departure day the rooms of the hotel must be vacated by no later than 11 am. Thereafter, the hotel may charge for the additional use of the room until 18 o'clock 50% of the full price (list price), from 18 o'clock 100%. The customer is free to prove to the hotel that no or a significantly lower damage has occurred.
7. Liability of the hotel
1. The hotel is liable for the care of a proper businessman. This liability is in the non-performance area, but limited to defects in performance, damage, consequential damage or disruption, which are due to intent or gross negligence of the hotel. In the event of disruption or defects in the services of the hotel, the hotel will make every effort, in the event of knowledge or immediate notification of the customer, to take remedial action. The customer is obliged to contribute to what is reasonable for him, in order to remedy the disturbance and to minimize possible damage.
2. For personal belongings no liability is assumed.
3. The unlimited liability of the hotel is subject to the statutory provisions.
4. Insofar as the customer is provided with a parking space in the garage of the hotel, this does not constitute a custody agreement. The hotel is not liable for loss of or damage to motor vehicles parked or parked on the property of the hotel and their contents. This also applies to vicarious agents of the hotel.
5. Messages, mail and merchandise for guests are treated with care. The hotel will take over the delivery, storage and, if desired, for reimbursement the same. Claims for damages, except for gross negligence or intent, are excluded.
8. Final provision
1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
2. Place of fulfillment and payment is the domicile of the hotel.
3. Exclusive place of jurisdiction - also check and Wechselstreitigkeiten- is in the commercial traffic the seat of the hotel. If a contracting party fulfills § 38 (1) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.
4. German law applies.
5. The authorization of errors as well as printing and calculation errors remains reserved.
6. Should individual provisions of these general terms and conditions for the guest accommodation be or become ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.