General Terms and Conditions of Boardinghotel Heidelberg (AO Boardinghotel GmbH)
I. Scope of application
These General Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation (referred as”reservation”) as well as all other services and deliveries provided by the Boardinghotel Heidelberg/AO Boardinghotel GmbH to the guest (“customer”). The terms and conditions of the customer shall only apply if this has been expressly agreed in writing beforehand.
II. Conclusion of contract
1. The contract is concluded by the acceptance of the customer’s reservation request by the hotel. The acceptance of the accommodation offers via the booking system on the hotel website (www.boardinghotel-heidelberg.de) can only be done by completing and submitting the booking form.
2. When booking through the website, the contract is concluded with the receipt of the electronic booking confirmation at the person making the booking. A further, in particular, written confirmation of booking does not take place. The hotel is free to confirm a different room booking (for example by telephone or e-mail) in writing.
3. Offers of the hotel for the conclusion of a contract of accommodation are non-binding. The hotel may refuse to conclude a contract of accommodation with the customer at its sole discretion.
4. Contractual partners are the hotel and the customer. If a third party has ordered the customer, he is liable to the hotel, together with the customer, as joint debtor for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.
5. All claims against the hotel become statute barred in a year according to the regular period of limitation of § 199 I BGB. Claims for damages shall become statute-barred after five years. The limitation periods shall not apply to claims based on intentional or grossly negligent breach of duty by the hotel.
III. Services, prices, payment, set-off
1. The hotel is obliged to keep the room booked by the customer and to provide the agreed services. The services owed by the hotel are exclusively based on the contents of the booking confirmation. Host records or other documents are not relevant for the performance of the hotel, if this is not explicitly referred to as the content of the offer. The customer is not entitled to a specific room. He has only a claim to provide a room of the reserved room category.
2. The customer is obligated to pay for the room rental and the other services used by him or agreed prices of the hotel. This also applies to services provided by the customer and expenses of the hotel to third parties.
3. The agreed prices include the respective statutory value-added tax. They are per room for the given number of persons. If the period between the conclusion of the contract and the fulfillment of the contract exceeds 4 months and the price generally calculated by the hotel for such services increases, the hotel may increase the contractually agreed price by a maximum of 5%.
4. Prices may be modified by the hotel if the customer wishes to make changes in the number of rooms booked, the hotel’s performance or the duration of the guests’ stay, and the hotel agrees to this.
5. Invoices of the hotel without due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to make accrued claims at any time due and to demand immediate payment. In the event of a delay in payment, the hotel is entitled to charge interest of 8% or, in the case of legal transactions in which a consumer is involved, 5% above the respective base rate of the Deutsche Bundesbank. The hotel reserves the right to prove higher damages.
6. The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or afterwards, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
7. The customer can only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
IV. Cancellation by the customer (cancellation, cancellation) / non-use of the services of the hotel
1. A resignation of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this is not the case, then the agreed price from the contract is payable even if the customer does not make use of contractual services. This does not apply to breach of the hotel’s obligation to take into account the rights, legal interests and interests of the customer, if the latter can no longer reasonably be expected to hold on to the contract, or if he has any other legal or contractual right of withdrawal.
2. If a date for canceling the contract has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract by then, without incurring payment or compensation claims for the hotel. The right of withdrawal of the customer expires if he does not exercise his right of rescission in writing to the hotel until the agreed date, unless a rescission occurs pursuant to Clause IV, Clause 1, clause 3, withdrawal of the customer.
3. If a customer does not use the room on the day of arrival until 9 pm or does not announce a late arrival, the room is considered as not being used.
4. In the case of a room not used by the customer, the hotel shall offset the income from other rental of the rooms as well as the saved expenses.
5. The hotel is at liberty to lump-sum the loss incurred in the event of damage caused by the customer. The customer is obliged in this case to pay the contractually agreed price for the reservation. The customer is free to prove that the above-mentioned claim has not occurred or has not occurred to the required amount.
6. The guest can terminate the contract only in case of significant defects or disturbances. He had previously to give the hotel a reasonable time to remedy the complaint, unless the remedy is impossible, the hotel is denied or the immediate termination by a special interest of the guest recognizable to the hotel is objectively justified or from such Reasons the continuation of the stay is unacceptable.
V. Cancellation of the hotel
1. If a right of withdrawal of the customer has been agreed in writing within a certain period of time, the hotel is entitled in this period to withdraw from the contract if other customers’ requests for the contractually booked rooms are available and the customer is entitled to his right to request the hotel not waived.
2. If an agreed advance payment or the advance payment required in accordance with III paragraph 6 is not made, the hotel is also entitled to withdraw from the contract.
3. In addition, the hotel is entitled to withdraw from the contract for materially justifiable reasons, for example: a) force majeure or other circumstances beyond the control of the hotel render the fulfillment of the contract impossible; b) rooms with misleading or false indication of essential facts, eg in the person of the customer or the purpose, c) the hotel has reasonable grounds to believe that the use of the hotel service may jeopardize the smooth operation, security, or prestige of the hotel in public, (E) the customer is under the influence of illegal drugs during his or her stay in the hotel; (f) the room is used for carrying out a commercial activity with customer traffic; (g) the room used for prostitution h) personnel or other customers, despite exhortation repeatedly offended.
4. In case of justified rescission of the hotel, the customer is not entitled to claim damages.
VI. Terms of payment
1. The accommodation costs (room, breakfast, parking and other) are due in advance at the hotel at the time of arrival. In the case of non-timely payment, the hotel is entitled to withdraw from the contract and to vacate the room.
2. The hotel may require a deposit or advance payment from the customer.
3. The hotel accepts card and cash payments. The following cards are accepted: EC, Maestro, Visa, MasterCard, American Express. For cash payments, the hotel only accepts the currency EURO.
VII. Room service, room transfer and room return
1. The customer shall not be entitled to the provision of a specific room.
2. Booked rooms are available to the customer from 2.00 pm on the agreed arrival day. The customer has no claim to earlier provision.
3. Unless otherwise agreed, the hotel can only be used by the guest for whom it was booked.
4. On the agreed departure day, the rooms are to be vacated by the hotel at the latest by 11.00 am with a room card. Thereafter, the hotel can charge 100% of the accommodation price of the respective day for the contracted use of the room, the customer. The customer is free to prove to the hotel that no or a substantially lower damage has occurred.
1. The sub-rented rooms or the rented rooms, as well as their use for purposes other than accommodation, is not permitted, unless the hotel has written consent.
2. The use of the room is only valid for the persons indicated in the reservation. The number of persons must not be exceeded. Children include children, babies and adults. For each additional person staying in the room, an amount of 30.00 € / night will be charged.
3. The customer is obligated to treat the hotel and the facilities only according to their intended purpose and care. The house rules must be observed.
4. The customer is obliged to notify the hotel immediately of any defects and faults and to request remedial measures. If the notification of defects is not culpable, claims of the guest may be omitted in whole or in part.
5. In the entire hotel, especially in the rooms, there is a strict smoking ban. In case of disregarding this ban, an amount of € 150.00 will be charged.
6. The transport and accommodation of pets in the hotel is only permitted in the case of an express agreement. The customer is obliged to provide true information on the type and size of such agreements. Violations against this may entitle the hotel to extraordinary termination of the accommodation contract.
7. The hotel may terminate the accommodation contract without observance of a deadline if the customer notifies the operation of the hotel, or the execution of the stay sustainably, or despite the fact that the customer behaves in a manner contrary to the contract, that the immediate repeal of the contract is justified. In the case of a cancellation against a travel organizer, these conditions shall apply accordingly.
IX. Liability of the hotel
1. The hotel is liable for the diligence of a proper merchant for his obligations under the contract. Customer claims for compensation are excluded. Excluded from this are damages from injury to life, limb or health, if the hotel is responsible for the breach of duty, and other damages resulting from an intentional or grossly negligent breach of duty by the hotel. Should disturbances or deficiencies in the services of the hotel occur, the hotel will endeavor to provide remedies if the client is aware of the customer’s complaint or immediately. Of the customer is obligated to contribute to the reasonableness of the disturbances and to keep a possible damage low.
2. The hotel shall not be liable for any performance disturbances in connection with services that are merely conveyed to the customer as external services during the stay. The same applies to external services, which are already communicated together with the booking. Marked are.
3. The hotel shall be liable to the customer in accordance with statutory provisions (§§ 701 ff. BGB) for up to a hundredfold of the room rate, a maximum of EUR 3,500.00, as well as for money, securities and valuables up to EUR 800.00 , The liability claims expire if the customer does not immediately notify the hotel immediately after acquiring knowledge of loss, destruction or damage (§ 703 BGB). The above clause 1 sentence 2 to 4 shall apply mutatis mutandis to a further liability of the hotel.
4. Insofar as the customer is provided with a parking space in the hotel garage or in a hotel car park, also for a fee, no deposit agreement is concluded. The hotel is not liable for the loss or damage to the car parked or parked on the hotel grounds and its contents, except in cases of willful intent or gross negligence. This also applies to hotel accommodation. Section 1 sentence 2 shall apply mutatis mutandis.
X. Limitation of time
1. Claims of the customer from the accommodation contract against the hotel become statute barred after one year.
2. The limitation period starts with the conclusion of the year in which the claim arose and the guest, as well as the hotel as a debtor, became aware of the challenging circumstances.
3. If negotiations between the guest and the contract of accommodation are suspended between the asserted claims or the circumstances giving rise to the claim, the statute of limitations is suspended. The suspension is valid until the customer or the hotel refuses to continue the negotiations. The statutory period of limitation of one year shall be at the earliest 3 months after the end of the suspension.
XI. data protection
1. Data collection and storage
The customer is reminded that the hotel is a non-public agency pursuant to Sections 1 (2) 3, 3 (1), 2 (1), 4 (1) and 28 (1) 1, 2 BDSG collects, processes, and stores personal data of the Customer for its own business purposes, including limited to all data required for the respective contractual fulfillment. Both personal and voluntary further data are processed using data processing plants in files and / or databases for contract fulfillment. The data will not be communicated to other third parties unless the provider is obliged to do so by law or this is expressly permitted by law.
2. Right of access
You have the right at any time to obtain information on the personal data, the origin and the recipient, as well as the purpose of data processing.
XII. Internet use
1. Permission to use free of charge
The owner runs an Internet connection via WLAN. It allows the customer to use the WLAN access to the Internet for the duration of their stay at the hotel. The joint use is granted as a free service of the hotel and is revocable at any time. The customer is not entitled to allow third parties to use the WLAN. The holder is entitled at any time to discontinue the operation of the WLAN completely, partially or temporarily, to allow additional co-users and to restrict or exclude the customer’s access wholly, in part or in time. In particular, the owner reserves the right, at his own discretion, to block access to certain pages or services via the WLAN (e.g., violent, pornographic or paid sites).
2. Access data
All access data (username and password) are only intended for the personal use of the customer and may not be passed on to third parties in any case. The customer undertakes to keep his access data secret. The owner has the right at all times to change access codes.
3. Notes, dangers of WLAN usage
The wireless internet access only allows access to the Internet. The retrieved content is not subject to any review by the owner, in particular not to the extent that they contain malicious software. The use of the WLAN is at your own risk and at the own risk of the customer. The holder expressly points out that there is a risk that:
Malicious software (e.g., viruses, trojans, worms, etc.) reaches the terminal when using the WLAN.
4. Responsibility and exemption of claims
The customer is responsible for the data transmitted via the WLAN, the paid services and legal transactions taken. He is obliged to comply with the applicable law when using the WLAN. It shall in particular: use the WLAN neither for the retrieval nor for the dissemination of moral or illegal content; does not illegally reproduce, distribute or make accessible any copyrighted material; observe the applicable rules on the protection of minors; do not send, distribute or distribute any content that is harmful, defamatory or threatening; use the WLAN not to send bulk messages (spam) and / or other forms of illegal advertising. The customer indemnifies the holder from all damages and claims of third parties which are based on the unlawful use of the WLAN by the customer and / or on an infringement of the present agreement, which also covers costs relating to the claim or the defense thereof Expenditure. If the customer recognizes or has to recognize that such an infringement or infringement exists or threatens, he notifies the holder of this fact.
XIII. final provisions
1. Amendments or additions to the contract, application or these terms and conditions for the hotel reception should be made in writing. Unilateral changes or additions by the customer are ineffective.
2. The place of performance and payment is the registered office of the hotel.
3. The exclusive place of jurisdiction – also for checks and bills of exchange – is the commercial seat of the hotel. If a contractual partner has the requirement of § 38 para. 1 ZPO and no general jurisdiction in Germany, the place of jurisdiction shall be the seat of the hotel.
4. The domicile of the customer is decisive for complaints by the hotel against the customer or the customer. In case of complaints against the customer or the consumer of non-consumers, the place of jurisdiction is the seat of the hotel.
5. German law applies exclusively to the contractual relationship between the customer and the hotel. The application of the United Nations Convention on Contracts for the International Sale of Goods and Collision Law is excluded. This also applies to the other legal relationship.
6. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become ineffective or incorrect, this shall not affect the validity of the other provisions. In addition, the statutory provisions apply.