GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT (AGBH 8.2)

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 by the hotel for the customer in this context (hotel accommodation contract). They do not apply to package tours within the meaning of § 651a
BGB. The term “hotel accommodation contract” includes and replaces the following terms: Accommodation, guest accommodation,
hotel, hotel room contract.
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 text form, whereby the right to terminate
in accordance with § 540 paragraph 1 sentence 2 BGB is waived.
1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in text form
.

2 CONCLUSION OF CONTRACT, PARTNER
The contractual partners are the hotel and the customer. The contract is concluded when the hotel accepts the application of the
customer.

3 SERVICES, PRICES, PAYMENT, INVOICING
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 the provision of the room and the
other services used by him. This also applies to services ordered by the
customer directly or via the hotel, which are provided by third parties and disbursed by the hotel
.
3.3 The agreed prices include the
taxes and local charges applicable at the time the contract is concluded. They do not include local taxes which are payable by the guest 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, change or abolition of local
levies on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly.
In the case of contracts with consumers, this only applies if the period between the conclusion of the contract
and the fulfillment of the contract exceeds four months.
3.4 If payment on account has been agreed, payment must be made – unless otherwise agreed
– within ten days of receipt of the invoice without deduction.
3.5 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract,
for example in the form of a credit card guarantee. The amount of the advance payment
and the payment dates may be agreed in text form in the contract. In the event of default of payment
by the customer, the statutory provisions apply.
3.6 In justified cases, e.g. if the customer is in arrears with payment or if the scope of the contract is extended,
the hotel is entitled, even after conclusion of the contract up to the start of the stay, to demand an advance payment
or security deposit within the meaning of clause 3.5 above or an increase in the advance payment or security deposit agreed in the contract
up to the full agreed remuneration.
3.7 Furthermore, the hotel is entitled to demand a reasonable
advance payment or security deposit within the meaning of the above clause 3.5 from the customer at the beginning and during the stay for existing and future
claims arising from the contract, insofar as such a payment has not already been made in accordance with the above clause
3.5 and/or clause 3.6.
3.8 The customer may only offset or set off an undisputed or legally enforceable claim against a claim
of the hotel.
3.9 The customer agrees that the invoice may be sent to him electronically
.

4 WITHDRAWAL/CANCELLATION (“CANCELLATION”) BY THE CUSTOMER
NO SHOW OF THE HOTEL’S SERVICES
4.1 A unilateral withdrawal by the customer from the contract concluded with the hotel is only possible if
a right of withdrawal has been expressly agreed in the contract or a statutory right of withdrawal or termination exists
.
4.2 If a date for cost-free withdrawal from the contract has been agreed between the hotel and the customer
, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims
on the part of the hotel. The customer’s right of withdrawal expires if he does not exercise it in writing to the hotel by the agreed date
.
4.3 If a right of withdrawal has not been agreed or has already expired and there is also no statutory right of withdrawal
or termination, the hotel retains the right to the agreed remuneration despite non-utilization
of the service. The hotel must offset the income from renting the rooms to other parties
and the expenses saved. If the rooms are not rented to other parties,
the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay
90% of the contractually agreed price for overnight accommodation with or without breakfast and for
package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements
. The customer is at liberty to prove that the aforementioned claim did not arise or did not
arise in the amount claimed.

5 WITHDRAWAL BY THE HOTEL
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period
, the hotel is entitled to withdraw from the contract during this period,
if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon
inquiry by the hotel with a reasonable deadline. This
applies accordingly if an option is granted, if other inquiries are received and the customer is not prepared to make a firm booking upon
enquiry by the hotel within a reasonable period of time.
5.2 If an advance payment or security deposit agreed or requested in accordance with clause 3.5 and/or clause 3.6 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 withdraw from the contract for objectively justified reasons,
especially if
– force majeure or other circumstances for which the hotel is not responsible, the fulfillment of the contract
make it impossible;
– rooms or spaces culpably under misleading or false information or concealment of material
facts; the identity of the customer, the solvency of the customer, the ability to pay and the
or the purpose of the stay;
– the hotel has reasonable grounds to assume that the use of the service would jeopardize the
may jeopardize the smooth operation, security or public reputation of the hotel
without this being attributable to the hotel’s sphere of control or organization
;
– the purpose or reason for the stay is unlawful;
– there has been a breach of the above Section 1.2.
5.4 The justified withdrawal of the hotel does not entitle the customer to compensation.

6 ROOM PROVISION, DELIVERY AND RETURN
6.1 The customer is not entitled to the provision of specific rooms, unless this has been expressly agreed
in text form.
6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The
customer is not entitled to earlier availability.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel
by 12:00 noon at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (price according to the price list)
for the late vacating of the room for its
use in excess of the contract until 6:00 p.m., and 90% from 6:00 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer
. The customer is free to prove that the hotel has no or a significantly lower
claim to a usage fee.

7 LIABILITY OF THE HOTEL
7.1 The hotel is liable for damages for which it is responsible arising from injury to life, limb or
health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent
breach of duty by the hotel or on an intentional or negligent breach
of typical contractual obligations of the hotel. Typical contractual obligations are those obligations which
make the proper performance of the contract possible in the first place and on the fulfillment of which the customer
relies and may rely. A breach of duty on the part of a legal representative
or vicarious agent is equivalent to a breach of duty on the part of the hotel. Further claims for damages are excluded, unless otherwise regulated in this clause 7
. Should disruptions or defects occur in the services of the hotel
, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer
. The customer is obliged to make reasonable efforts to remedy the disruption
and to minimize any possible damage.
7.2 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The
Hotel recommends the use of the hotel or room safe. If the customer wishes to bring in money, securities and
valuables with a value of more than 800 euros or other items with a value of more than
3,500 euros, this requires a separate safekeeping agreement with the
hotel.
7.3 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 safekeeping agreement. In the event of loss of
or damage to motor vehicles parked or maneuvered on the hotel property and their contents
, the hotel shall only be liable in accordance with the above Section 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the utmost care.
messages for customers are handled with care. By prior arrangement
with the customer, the hotel may accept, store and – on request – forward
mail and consignments for a fee. The hotel shall only be liable in accordance with the above
clause 7.1, sentences 1 to 4.

8 FINAL PROVISIONS
8.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions
shall be made in text form. Unilateral amendments or additions are invalid.
8.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction is
Herbolzheim.
However, the hotel may also choose to sue the customer at the customer’s place of business. The same applies in each case
to customers who do not fall under sentence 1 if they do not have their registered office or place of residence in a member state
of the EU.
8.3 German law shall apply. The application of the UN Sales Convention is excluded.
8.4 The hotel is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board
.