GTC and Cancellation
General Terms and Conditions for hotel accommodation contracts with VILLA BREITENBERG Popitz & Hettler GbR (as of: July 2018)
1.1 These Terms and Conditions apply to agreements for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by VILLA BREITENBERG for the customer (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: hosting agreement, guest accommodation contract, hotel agreement, hotel room arrangement.
1.2 Any sub-letting or re-letting of the provided rooms as well as their use for purposes other than accommodation require the prior written approval by VILLA BREITENBERG, whereupon §540 para. 1 clause 2 BGB (German Civil Code) will be waived if the customer is not the user.
1.3 The customer’s terms and conditions shall only be applicable if expressly agreed in advance.
Conclusion of contract, contracting party, limitation
2.1 Contracting parties are the VILLA BREITENBERG and the customer. The contract comes into effect through acceptance of the customer’s application by VILLA BREITENBERG. VILLA BREITENBERG is free to confirm a room booking in writing, if it so wishes.
2.2 Any and all claims against VILLA BREITENBERG shall become time-barred one year from the beginning of the regular statute of limitations. Any claims for compensation shall become time-barred after five years, provided they are not based on injury to life, body, health or freedom, subject to knowledge of the claim concerned. Such claims shall become time-barred after 10 years, regardless of knowledge. The aforementioned shortenings of limitation periods shall not apply to claims based on deliberate or negligent breach of obligation on the part of the hotel.
Services, prices, payment, offsetting
3.1 VILLA BREITENBERG is obliged to hold the rooms ready that were previously booked by the customer and to perform all services as agreed upon.
3.2 The customer is obligated to pay the agreed or applicable prices for rooms provided and for other services used at VILLA BREITENBERG. This shall also apply to services commissioned by the customer, either directly or via VILLA BREITENBERG, which are provided by third parties and paid in advance by the hotel.
3.3 The agreed prices include any applicable taxes and local charges applying at the time the contract is concluded. However, prices do not include any compulsory local charges according to municipal law which are borne by the guests themselves, such as visitor’s tax. In the event that VAT rates are changed or local charges are introduced, changed or abolished after conclusion of the contract with an effect on the object of services, prices will be adjusted accordingly. In case of contracts with consumers, this only applies if the time period between the closure of the contract and performance of contract is more than four months.
3.4 In addition, prices may be altered by VILLA BREITENBERG, if the customer requests subsequent changes in the number of rooms, in the services provided by the hotel or in the duration of the guests’ stay and VILLA BREITENBERG gives its consent hereto.
3.5 Invoices by VILLA BREITENBERG with no due date are payable without deduction on the day of departure. VILLA BREITENBERG may immediately request settlement of due debts at any time from the customer. In case of default of payment, VILLA BREITENBERG shall be entitled to charge the respectively applicable statutory default interests at a current rate of 8% or, in the case of legal transactions involving the consumer, at a rate of 5% above the basic interest rate. VILLA BREITENBERG shall be reserved the proof of a higher damage.
3.6 VILLA BREITENBERG shall be entitled to require a reasonable advance payment or security deposit from the customer upon conclusion of the contract, e.g. in the form of a credit card guarantee. The amount of the advance payment and the payment deadlines may be stipulated in writing in the contract.
3.7 In justified cases, e.g. customer’s default in payment or extension of the scope of contract, VILLA BREITENBERG shall be entitled, also after the conclusion of the contract up to the commencement of the stay, to demand an advance payment or security deposit within the meaning of the above-mentioned No. 3.6 or an increase of the advance payment or security deposit agreed in the contract up to full payment of the remuneration agreed.
3.8 VILLA BREITENBERG shall also be entitled, at the commencement and during the customer’s stay, to demand a reasonable advance payment or security deposit within the meaning of the above-mentioned No. 3.6 for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned No. 3.6 and/or No. 3.7.
3.9 The customer may only offset undisputed receivables or receivables which have become res judicata against receivables of VILLA BREITENBERG.
Withdrawal by the customer (cancellation, rescission) / non-use of the hotel’s services (No Show)
4.1 The customer may only cancel a contract entered into with VILLA BREITENBERG if and when the right of the customer to cancel the contract has been expressly specified in the contract, any other legal rights for withdrawal exist or VILLA BREITENBERG has expressly consented to the cancellation of the contract. An agreement to any right of withdrawal as well as an eventual agreement to the contract’s cancellation shall be made in writing.
4.2 If a date for charge-free cancellation has been agreed between VILLA BREITENBERG and the customer for the agreement, then the customer may cancel the agreement until that date without giving rise to payment or damage claims on the part of the VILLA BREITENBERG. The customer’s right of withdrawal shall expire if they do not exercise their cancellation right vis-à-vis VILLA BREITENBERG by the agreed date.
4.3 If no right of withdrawal has been agreed or if a right of withdrawal has already expired, there shall also be no legal entitlement to withdraw from or cancel the agreement and, furthermore, if VILLA BREITENBERG does not consent to the cancellation of the agreement, VILLA BREITENBERG shall retain the right to claim compensation in the agreed amount even if the services offered are not called up by the customer. VILLA BREITENBERG shall offset any income arising from third party use and/or saved expenses. Withdrawal from the contract by means of a unilateral statement by either contract party shall be subject to the following cancellation fees: – up to 30 days before arrival date (3 p.m.), a cancellation is free; – for cancellations received after this time, or in the case of “no show”, the hotel charges 50% of the total price. The customer shall be free to provide proof that the aforementioned claim did not arise or that it did not arise to the extent claimed.
Withdrawal by the hotel
5.1 Insofar as it was agreed that the customer may cancel the contract at no cost within a certain period of time, VILLA BREITENBERG shall be entitled for its part to cancel the contract within this certain period of time, if and when inquiries from other customers concerning the contractually reserved rooms exist and the customer, upon inquire thereof by VILLA BREITENBERG and after setting a reasonable deadline, does not waive their right of cancellation.
5.2 If an agreed or demanded advance payment or security deposit pursuant to No. 3.6 and/or No. 3.7 hereto is not made even after a reasonable grace period set by VILLA BREITENBERG has expired, then VILLA BREITENBERG shall be likewise entitled to cancel the contract.
5.3 VILLA BREITENBERG shall also be entitled to affect extraordinary cancellation of the agreement for objectively justified reasons, including, without limitation, if * the fulfilment of the agreement is rendered impossible by force majeure or by other unforeseen circumstances not within the responsibility of VILLA BREITENBERG; * rooms are booked by negligently giving misleading or wrong information or withholding essential information; whereas essential information may include e.g. customer’s identity, ability to pay or purpose of the stay; * VILLA BREITENBERG has justified reason for assuming that the customer’s use of the hotel’s services may put the smooth operation, safety, security or the public reputation of the hotel at risk, without such matters being attributable to the VILLA BREITENBERG’s power of control or organisation; * purpose or reason of the stay is considered to contravene legislation; * any violation of the above-mentioned No. 1.2 has occurred.
5.4 VILLA BREITENBERG shall be entitled to cancel the hotel accommodation contract with immediate effect and for good cause, including, without limitation, if the contracting party or guest does use the rooms in a considerably disadvantageous way or spoils the stay of the other guests, the owners, their staff or of any other third party living in the accommodation facilities by their ruthless, indecent or otherwise highly improper conduct or commits an act against property, morality or physical safety towards these persons that is subject to penalty.
5.5 In case of a justified withdrawal from the contract by VILLA BREITENBERG, the customer shall not have a claim for damages.
Provision, hand-over and return of rooms
6.1 The customer acquires no right to the provision of specific rooms, unless this has been explicitly granted.
6.2 Booked rooms are available to the customer from 3 p.m. on the agreed day of arrival. The customer has no right to occupy the rooms at an earlier time.
6.3 On the agreed date of departure, the rooms shall be vacated and made available to the hotel no later than 11 a.m. Thereafter, VILLA BREITENBERG may charge 50% of the full applicable price for board and lodging (off list) if the customer leaves the room later than contractually agreed but no later than 3 p.m., or 90% if the customers leaves the room after 3 p.m. Contractual claims of the customer shall not be established hereby. The customer, however, retains the right to prove vis-à-vis VILLA BREITENBERG in particular that no or much lesser claim for loss-of-use indemnification have been incurred to the hotel.
6.4 Please take note that VILLA BREITENBERG is a non-smoking house. Smoking is prohibited throughout the entire lodging establishment, especially in the guest rooms. In case of any breach of the smoking ban, the violating party shall be required to compensate the hotel for all of the losses incurred as a result of such breach. In case of any breach of the smoking ban in one of the guest rooms, the hotel will charge costs for thorough cleaning and loss of use amounting to €100. The parties shall expressly be permitted to provide evidence that no damage at all has been occurred, a much lower, or, as the case may be, a higher damage occurred than the above-mentioned flat fee of €100. This shall not constitute a reversal of the burden of proof.
6.5 VILLA BREITENBERG only allows to bring your pets in exceptional cases and provided a fixed cleaning charge has been expressly agreed in writing. In case the customer violates this provision, above-mentioned No. 4 shall apply accordingly.
6.6 In the event of theft or damage to property, the guest will be charged for the damage incurred by the hotel.
6.7 If the customer fails to hand over the keys after check-out, we will charge an extra fee of €25.
Liability of the hotel
7.1 VILLA BREITENBERG shall be liable for any damages arising from injury to life, body and health, for which it must be held responsible. Furthermore, it shall be liable for other damages resulting from an intentional or grossly negligent breach of duty on part of VILLA BREITENBERG, respectively for any damage based on a deliberate and grossly negligent breach of obligation on part of the hotel typical for this type of contract. Any breach of obligation by VILLA BREITENBERG is deemed to be equivalent to that of a legal representative or vicarious agent. Any further claims for damages shall be excluded, unless otherwise provided in this No. 7. Should disruptions or defects in respect of service provision on the part of VILLA BREITENBERG occur, the hotel is obliged to take corrective action upon its knowledge of the disruptions or defects concerned or upon the customer’s immediate rebuke. The customer shall do whatever can be reasonably expected in order to help remove the disruption and to keep the damage to a minimum.
7.2 VILLA BREITENBERG shall be liable for property brought by the customer in accordance with the statutory provisions. In case the guest wishes to bring cash money, securities and valuable objects with a value of more than 800 euros or other valuables with a value exceeding 3,500 euros for safekeeping, this requires a separate safekeeping agreement with the hotel.
8.1 Any amendments and supplements to this accommodation agreement, to the acceptance agreement or to these General Terms and Conditions shall require written form. Any unilateral amendments and supplements by the customer shall be ineffective.
8.2 Place of performance and payment shall be the location of the hotel’s registered office.
8.3 Sole court of jurisdiction for commercial transactions – including disputes concerning cheques and bills of exchange – shall be the hotel’s registered office. Provided that a contractual partner complies with the requirements of §38 para. 2 ZPO (German Code of Civil Procedure) and has no general place of venue in Germany, the domicile of the hotel under company law shall be regarded as the place of venue.
8.4 German law shall apply. The UN Sales Convention and conflict of laws rules shall be excluded.
8.5 Should individual provisions of these General Terms and Conditions be or become ineffective or null and void, the effectiveness of the remaining provisions shall not be affected thereby. In all other respects, statutory provisions shall apply.