hotel accommodation agreement
- SCOPE OF APPLICABILITY
- These Terms and Conditions shall apply to contracts concluded at V-Hotel as well as those concluded by telephone, email, post and fax concerning the rental of hotel rooms for accommodation purposes as well as any other services and deliveries provided to the customer by V-Hotel.
- The subletting of rooms as well as their use for purposes other than accommodation shall require the prior written consent of the Hotel, where Section 540 Paragraph 1 Sentence 2 of the German Civil Code (Bürgerliches Gesetzbuch[BGB]) shall be waived provided the customer is not a consumer.
- Registration and use of rented rooms for commercial purposes of any kind is prohibited.
- Any general terms and conditions of the customer shall not apply. Such terms and conditions are rejected.
- CONCLUSION OF THE CONTRACT, PARTIES, LIMITATION
- The contract is concluded when V-Hotel accepts the customer’s request. V-Hotel may confirm the room reservation in writing.
- Offers made by V-Hotel are not binding until such time as a contract has successfully been concluded.
- V-Hotel and the customer are the parties to the contract. If and insofar as a third party places the order on behalf of the customer, it shall be liable to V-Hotel together with the customer as jointly and severally liable debtors with respect to all obligations arising from the hotel accommodation contract/apartment accommodation contract, provided the third party has issued a corresponding statement to V-Hotel.
- Cancellations and similar declarations shall only be valid if issued in writing.
- For group bookings for eight (8) or more people, the organiser shall undertake to provide V-Hotel with a guest list at least seven (7) days prior to arrival.
- The statute of limitations for all claims against V-Hotel shall be one year, commencing on (a) the claim coming into existence, and (b) the claimant obtaining actual knowledge of all circumstances of such claim pursuant to Section 199 Paragraph 1 BGB. Claims for damages shall expire after five (5) years, regardless of when knowledge of the circumstances of the claim are obtained. These curtailments of the limitation periods shall not apply to claims based on intentional or grossly negligent breach of duty by V-Hotel.
III. SERVICES, PRICES, PAYMENT, SET-OFF
- V-Hotel shall undertake to reserve the room(s) booked by the customer and to provide the agreed services.
- The customer shall undertake to pay the applicable and/or agreed prices set by V-Hotel for the room(s) provided and any other services they use. This shall also apply to Services ordered by the customer directly or those ordered through the Hotel which are rendered by third parties and paid for in advance by the Hotel.
- The prices agreed shall include the respective statutory value-added tax. In the event that the statutory value-added tax changes in the period between reservation and billing, the invoice amount shall be adjusted to the value-added tax rate applicable on the date of invoicing. Where the contract is concluded with a consumer, this shall only apply if the period between reservation and billing exceeds four (4) months. If the period between the conclusion of the contract and the performance of the contract exceeds four (4) months and the price charged by V-Hotel for such services generally increases, V-Hotel may raise the contractually agreed price appropriately, but not more than five per cent (5%).
- In addition, prices may be changed by V-Hotel if the customer subsequently requests changes in the number of reserved rooms, V-Hotel's services or guests’ length of stay and V-Hotel agrees to this.
- Invoices issued by V-Hotel shall be payable in full within 14 days as of receipt of the invoice. V-Hotel is entitled to declare at any time its accrued receivables to be due and to demand immediate payment thereof. In the event of payment arrears, V-Hotel is entitled to demand the respectively applicable statutory default interest, currently in the amount of nine (9) percentage points, or, for legal transactions with a consumer, in the amount of five (5) percentage points above the base interest rate set by the German Federal Bank. Furthermore, in case of arrears, V-Hotel may charge a fee of EUR 2.00 per reminder. V-Hotel reserves the right to prove that the damage is higher.
- In accordance with the statutory provisions governing package holidays, V-Hotel is entitled to request an appropriate advance payment or security deposit (e.g. providing reception with a valid credit card with enough credit to cover the amount) upon conclusion of the contract or subsequently. The prepayment amount and payment deadlines may be agreed in the contract in writing.
- The customer may only offset a counterclaim which is undisputed or legally established against a claim by V-Hotel or exercise a right of retention.
- WITHDRAWAL BY THE CUSTOMER (CANCELLATION)/NON-USE OF V-HOTEL’S SERVICES (NO SHOW)
- Cancellation of the contract concluded with V-Hotel by the customer shall require the written consent of V-Hotel unless there is a statutory right of withdrawal. If such consent is not granted, the contractually agreed price must then be paid even if the customer does not make use of the contractual services. This shall not apply in the event of a breach of V-Hotel’s obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer be reasonably expected to adhere to the contract or is entitled to any other statutory or contractual right of withdrawal.
- If and insofar as a deadline for withdrawing from the contract has been agreed in writing between V-Hotel and the customer, the customer may withdraw from the contract by that date without triggering any payment or claims for damages by V-Hotel. The customer’s right of withdrawal shall expire if they do not exercise this right to withdrawal in writing with the hotel by the agreed date, unless the withdrawal involves a situation pursuant to Clause IV Section 1 Sentence 3 (Withdrawal by the customer).
- If no right of withdrawal has been agreed or such right has already expired, if there is no legal right of withdrawal or termination and if V-Hotel does not consent to cancelling the contract, the hotel shall keep the right to the agreed remuneration, despite the service not being used. V-Hotel shall offset the income from otherwise renting the room and the expenses saved. If the room is not otherwise rented out, the hotel may calculate a flat-rate deduction for expenses saved. In this case, the customer shall undertake to pay at least 80% of the contractually agreed price for accommodation with or without breakfast and for package tours with third party services, 70% for half board and 60% for full board. The customer is entitled to provide evidence that the above claim has not arisen, or has arisen to a lesser extent.
- For reservations for up to three (3) nights per hotel room, the customer may cancel with no charge up to one (1) day prior to the start of the performance period (planned arrival), 6:00 pm. Clause IV Section 3 shall apply mutatis mutandis.
- For reservations for more than three (3) nights per hotel room, the customer may cancel with no charge up to seven (7) days prior to the start of the performance period (planned arrival), 6:00 pm. Clause IV Section 3 shall apply mutatis mutandis.
- For groups where more than five (5) hotel rooms have been booked, full cancellation is possible free of charge up to 28 days prior to the agreed start of the performance period. Clause IV Section 3 shall apply mutatis mutandis.
Tree houses: Our tree houses are subject to a special cancellation policy: The customer may cancel free of charge up to 14 days prior to the arrival date. Clause IV Section 3 shall apply mutatis mutandis.
- WITHDRAWAL BY V-HOTEL
- If a right of withdrawal has been agreed for the customer in writing within a certain period, V-Hotel shall itself be entitled to withdraw from the contract within this same period if other customers have enquired about the contractually booked rooms and the customer has not waived their right to withdrawal at V-Hotel’s request within a reasonable deadline.
- If an agreed advance payment or advance payment requested pursuant to Clause III Section 6 is not paid, V-Hotel shall likewise be entitled to withdraw from the contract.
- Furthermore, V-Hotel is entitled to extraordinary withdrawal from the contract for a materially justified reason, such as if
- force majeure or other circumstances beyond the control of V-Hotel make the performance of the contract impossible;
- rooms have been culpably booked with misleading or false information or concealment of essential facts, where essential facts may include the identity of the customer, their ability to pay or the purpose of their stay;
- the hotel has justified cause to believe that use of the hotel’s services jeopardises the smooth operation of V-Hotel, its security or public reputation, without being attributable to V-Hotel’s sphere of control or organisation;
- the purpose or the occasion of the stay is illegal;
- Clause I Section 2 has been breached.
- If V-Hotel justifiably cancels the contract, no claim for compensation may be made by the customer.
- ROOM PROVISION, HAND-OVER AND RETURN
- The customer shall not acquire the right to be provided specific rooms.
- Rooms that have been booked are available to customers starting at 2:00 pm on the agreed date of arrival. The customer has no claim to earlier availability.
- The customer shall vacate the room and return the key no later than 11:00 am on the agreed check-out date. For further use of the room up to 6:00 pm, V-Hotel may charge 50% of the daily room rate (list price) in addition to damage thereby incurred; for additional use beyond 6:00 pm, 100% of the daily room rate (list price) shall be charged. The customer is entitled to prove to V-Hotel that no damage or significantly less damage has been caused.
- The customer shall undertake to identify themselves upon arrival, to provide reception with a suitable security deposit (valid credit card with enough credit to cover the entire cost expected to be incurred by the stay, deposit payment or the like) and to complete and sign the police registration form with their personal details.
- Pets may only accompany guests with V-Hotel’s prior approval and are subject to payment.
- The customer may only extend their stay beyond the period agreed in the hotel accommodation contract by prior agreement with reception made in good time. This must be agreed no later than halfway through the customer’s stay and shall require written confirmation by reception. This written confirmation is considered a contract renewal as defined by the hotel accommodation contract. Customers are generally not entitled to an extension.
VII. V-HOTEL’S LIABILITY
- Claims by the customer for damages are excluded. This shall exclude claims for damages resulting from injury to life, limb or health or from the breach of material contractual obligations (cardinal obligations), as well as liability for other damage caused by any intentional or grossly negligent breach of duty by V-Hotel, its legal representatives or vicarious agents. Material contractual obligations are those obligations that must be fulfilled in order to achieve the objective of the contract. Should disruptions or defects in V-Hotel’s services occur, V-Hotel shall endeavour to remedy the situation upon gaining knowledge of such or upon immediate notification by the customer. The customer shall undertake to make all reasonable efforts to rectify the disruption and keep any possible damage to a minimum.
- Pursuant to the statutory provisions, V-Hotel is liable for items customers bring with them up to one-hundred times the room price but not more than EUR 3,500.00; where this involves money, securities and valuables, this amount shall not exceed EUR 800.00. Liability claims shall expire if the customer fails to immediately notify V-Hotel upon gaining knowledge of any loss, destruction or damage (Section 703 BGB). Section 1 Sentences 1 to 3 above shall apply mutatis mutandis for any further liability by V-Hotel.
- Any provision of a parking space to the customer in a hotel car park, including in exchange for a fee, shall not constitute any agreement regarding safekeeping. V-Hotel shall only assume liability for missing items or damage occurring on its property with respect to parked or ranked motor vehicles and their contents pursuant to Section 1 Sentences 1 to 3 above.
- Messages, post and shipments for guests shall be handled with care. The hotel shall deliver, hold, and, upon request and payment, carry out forwarding of the same. Section 1 Sentences 1 to 3 above shall apply mutatis mutandis.
VIII. ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO THE
GERMAN CONSUMER DISPUTE RESOLUTION ACT (VERBRAUCHERSTREITBEILEGUNGSGESETZ– [VSBG])
Generally speaking, we are not obligated, nor are we prepared, to participate in a dispute resolution procedure before a consumer arbitration board.
- FINAL PROVISIONS
- Amendments or addenda to the contract, booking acceptance or these Terms and Conditions for Hotel Accommodation must be made in writing. Unilateral amendments or addenda by customers are not valid.
- The place of performance and payment is the registered office of V-Hotel, i.e. Bonn.
- The exclusive place of jurisdiction – including for cheque and exchange disputes – for commercial transactions is the registered office of V-Hotel. If and insofar as a party meets the requirements of Section 38 Paragraph 1 of the German Code of Civil Procedure (Zivilprozessordnung[ZPO]) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of V-Hotel.
- German law shall apply. The validity of the UN Convention on the International Sale of Goods and conflict of laws provisions is excluded.
- Should any individual provision of these General Terms and Conditions for Hotel Accommodation be or become invalid or incorrect, the validity of the other provisions shall remain unaffected. In all other respects, the statutory provisions shall apply.
- Data protection
In accordance with the German Data Protection Act (Bundesdatenschutzgesetz– [BDSG]), V-Hotel is entitled to process and store customer data obtained through the initiation and execution of the business relationship, even if this data originates from third parties, and to have such data processed and stored by companies hired by V-Hotel.
Last updated: May 2018