I. SCOPE
1. These terms and conditions apply to the contracts concluded online via the V-Hotel website for the rental of hotel rooms for accommodation, the purchase of vouchers and all other services and deliveries provided by V-Hotel for the customer.
2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 para. (1) sentence 2 BGB is waived if the customer is not a consumer.
3. The registration and use of the rented rooms for commercial use of any kind is prohibited.
4. The customer’s general terms and conditions do not apply. You will be contradicted.
II. CONCLUSION OF CONTRACT – PARTNERS, STATUTE OF LIMITATIONS
1. The presentation of the rooms and the vouchers on the V-Hotel website do not represent a legally binding offer by the V-Hotel to the customer to conclude an accommodation contract (room) or a purchase contract (voucher). By clicking on the “Book now for a fee” button, the customer makes a legally binding offer. The customer can change and view the data he has entered at any time before sending the order. The offer can only be made if the customer confirms beforehand by clicking on the box provided that he accepts the GTC. The terms and conditions are thereby included in his offer.
2. The V-Hotel will immediately confirm receipt of the offer to the customer by e-mail. The confirmation of receipt also represents acceptance of the offer. The text of the contract (ie order, general terms and conditions and order confirmation) will be sent to the customer by V-Hotel together with the declaration of acceptance on a durable medium (e-mail). The text of the contract is not saved by the V-Hotel after the conclusion of the contract and is not accessible to the customer.
3. The contract is concluded in German.
4. The contractual partners are the V-Hotel and the customer. If a third party has ordered for the customer, he is jointly and severally liable to the V-Hotel together with the customer for all obligations arising from the hotel accommodation contract/apartment accommodation contract, provided that the V-Hotel has a corresponding declaration from the third party.
5. Cancellations of rooms and similar declarations are only effective if they are made in text form.
6. In the case of group bookings of rooms for 8 or more people, the organizer is obliged to send the V-Hotel a list of participants no later than 7 days before arrival.
7. All claims against the V-Hotel become statute-barred one year from the beginning of the knowledge-dependent regular limitation period of § 199 para. (1) Civil Code. Claims for damages become statute-barred after five years, regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by V-Hotel.
III. SERVICES, PRICES, PAYMENT, OFFSET
1. V-Hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obliged to pay the applicable or agreed prices of V-Hotel for rooms provided and for other services used. This also applies to services commissioned by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel.
3. The agreed prices include the respective statutory VAT. If there has been a change in the statutory value-added tax in the period between reservation and invoicing, the invoice amount will be adjusted to the value-added tax rate applicable on the day of invoicing. In the case of contracts with consumers, this only applies if the period between reservation and invoicing exceeds four months. If the period between the conclusion of the contract and the fulfillment of the contract exceeds 4 months and the price generally charged by V-Hotel for such services increases, the hotel can increase the contractually agreed price appropriately, but by no more than 5%.
4. The prices can also be changed by V-Hotel if the customer subsequently requests changes to the number of booked rooms, the services of V-Hotel or the length of stay of the guests and V-Hotel agrees to this.
5. V-Hotel invoices or the due date are payable within 14 days of receipt of the invoice without deduction. The V-Hotel is entitled to make accrued claims due at any time and to demand immediate payment. In the event of a delay in payment, the V-Hotel is entitled to charge interest of 9 percentage points or, in the case of legal transactions involving a consumer, 5 percentage points above the respective base interest rate of the Deutsche Bundesbank. In addition, in the event of default, the V-Hotel can charge a fee of EUR 2.00 per reminder. The V-Hotel reserves the right to prove higher damage.
6. Upon conclusion of the contract or thereafter, V-Hotel is entitled to demand an appropriate advance payment or security deposit (e.g. deposit of a valid credit card with appropriate coverage at reception), taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
7. The customer can only offset or set off against a claim of the V-Hotel or exercise a right of retention with an undisputed or legally binding claim.
IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION) / FAILURE TO USE V-HOTEL SERVICES
1. Cancellation by the customer of the contract concluded with V-Hotel requires the consent of V-Hotel in text form, unless there is a statutory right of cancellation. If this does not take place, the agreed price from the contract must be paid even if the customer does not make use of the contractual services. This does not apply in the event of a breach of the V-Hotel’s obligation to take into account the rights, objects of legal protection and interests of the customer if this means that adherence to the contract can no longer be reasonably expected of the customer, or if another statutory or contractual right of withdrawal applies.
2. If a date for withdrawal from the contract has been agreed in writing between the V-Hotel and the customer, the customer can withdraw from the contract up to that point without incurring payment or damage claims on the part of the V-Hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in text form to the V-Hotel by the agreed date, unless there is a case of withdrawal in accordance with Clause IV. Item 1 Clause 3 of the customer’s withdrawal.
3. If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the V-Hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use of the service. The V-Hotel must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented out elsewhere, the hotel can make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 80% of the contractually agreed price for accommodation with or without breakfast and for package deals with third-party services, 70% for half-board and 60% for full-board packages. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
4. Reservations for up to 3 nights per hotel room can be canceled free of charge up to 6 p.m. one day before the start of the service period (planned arrival). Clause IV. Item 3 applies accordingly
5. Reservations for more than 3 nights per hotel room can be canceled free of charge up to 6 p.m. 7 days before the start of the service period (planned arrival). Clause IV. Item 3 applies accordingly.
6. Groups with more than 5 hotel rooms can cancel their booking completely free of charge up to 28 days before the agreed start of the service period. Clause IV. Item 3 applies accordingly.
7. our cancellation period for call-off contingents of 5 rooms or more is as follows:
up to 7 days before the start of the service period (scheduled arrival) 18:00 100% can be canceled free of charge.
After that 80% of the room rate will be charged.
Tree houses: Our tree houses have special cancellation conditions: free cancellation is possible up to 14 days before the date of arrival. Clause IV. Item 3 applies accordingly.
V. WITHDRAWAL OF THE V HOTEL
1. If the customer’s right of withdrawal has been agreed in writing within a certain period of time, V-Hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer, upon request of V-Hotel, with not waive his right to withdraw after setting a reasonable deadline.
2. If an advance payment that has been agreed or requested in accordance with Clause III, Item 6 above is not made, the V-Hotel is also entitled to withdraw from the contract.
3. Furthermore, the V-Hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, for example if
– force majeure or other circumstances for which V-Hotel is not responsible make it impossible to fulfill the contract;
– rooms are booked culpably with misleading or false information or with the concealment of essential facts; The identity of the customer, the ability to pay or the purpose of the stay can be essential.
– the use of hotel services jeopardizes smooth business operations, security or the reputation of V-Hotel in public, without this being attributable to V-Hotel’s sphere of control or organization;
– the purpose or reason for the stay is illegal;
– there is a breach of Clause I. Item 2 above.
4. If V-Hotel withdraws with justification, the customer is not entitled to compensation.
VI. ROOM AVAILABILITY, DELIVERY AND RETURN
1. The customer does not acquire the right to be provided specific rooms.
2. booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer has no right to earlier availability.
3. On the agreed day of departure, the rooms of the V-Hotel must be vacated by 11:00 a.m. at the latest and the key must be made available. After that, the V-Hotel can charge 50% of the full accommodation price (list price) for the additional use of the room up to 6 p.m. and 100% after 6 p.m. The customer is free to prove to the V-Hotel that no damage or a significantly lower damage was incurred.
4. The customer is obligated to identify himself upon arrival, to deposit an appropriate security deposit (valid credit card with coverage amounting to the expected total cost of the stay, deposit payment or similar) at reception and to fill out the police registration form in full with his personal details and to sign.
5. Pets may only be brought along with the prior consent of the V-Hotel and against payment.
6. An extension of the stay beyond the period agreed in the hotel accommodation contract is only possible after prior agreement with the reception. This agreement should be made at least before half of the stay period has expired and requires written confirmation from the reception. The written confirmation is considered a contract extension within the meaning of the hotel accommodation contract. In principle, there is no entitlement to an extension.
VII. LIABILITY OF V-HOTEL
1. Customer claims for damages are excluded. Excluded from this are damages resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by V-Hotel, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. Should disruptions or defects in the services of the V-Hotel occur, the V-Hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to rectify the disruptions and to keep possible damage to a minimum.
2. The V-Hotel is liable to the customer for items brought in according to the statutory provisions, i.e. up to a hundred times the room rate, up to a maximum of EUR 3,500.00, and for money, securities and valuables up to EUR 800.00. The liability claims expire if the customer does not notify the V-Hotel immediately after gaining knowledge of the loss, destruction or damage (§ 703 BGB). .
3. If the customer is provided with a parking space in a hotel car park, even for a fee, this does not result in a custody agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the property of the V-Hotel and their contents, the V-Hotel is only liable in accordance with the above clause 1 sentences 1 to 3.
4. Messages, post and consignments for the guests are treated with care. The hotel takes over the delivery, storage and – on request – the forwarding of the same for a fee. The above number 1 sentences 1 to 3 apply accordingly.
VIII. CONSUMER’S RIGHT OF WITHDRAWAL WHEN PURCHASING A VOUCHER
1. If the customer is a consumer within the meaning of Section 13 of the German Civil Code, the customer has a right of withdrawal in relation to the purchase of a voucher in accordance with Section 312g in conjunction with Section 355 of the German Civil Code.
2. Right of withdrawal for purchase contracts for vouchers:
Right of withdrawal
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the voucher .
In order to exercise your right of withdrawal, you must inform us (V-Hotel GmbH, Haager Weg 44, 53127 Bonn, telephone: 0228/971 445 0, fax: 0228/971 445 99, e-mail: rezeption@v-hotel.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. You only have to pay for any loss in value of the voucher if this is due to handling the voucher that was not necessary to check the nature, properties and functionality of the voucher.
End of revocation
3. Model cancellation form:
Sample withdrawal form
(If you want to revoke the contract, please fill out this form and send it back.)
-At
V Hotel GmbH
Hague way 44
53127 Bonn
Telephone: 0228/971 445 0
Fax: 0228/971 445 99
Email: rezeption@v-hotel.de
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
–Ordered on (*)/received on (*)
–Name of consumer(s)
–Address of the consumer(s)
– Signature of the consumer(s) (only if notification is made on paper)
-Date
__________
(*) Delete where not applicable.
IX. ONLINE DISPUTE RESOLUTION PURSUANT TO ART. 14 ABS. (1) ODR-VO:
The European Commission provides a platform for online dispute resolution (OS). You can find these under the following link:
http://ec.europa.eu/consumers/odr/
X. ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO THE CONSUMER DISPUTE RESOLUTION ACT:
We are not obliged and fundamentally unwilling to participate in a dispute settlement procedure before a consumer arbitration board.
XI. FINAL PROVISIONS
1. Changes or additions to the contract, the acceptance of applications or these General Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
2. The place of performance and payment is the registered office of V-Hotel = Bonn.
3. Exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is the registered office of the V-Hotel in commercial transactions. (1) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the V-Hotel.
4. German law applies. The application of the UN sales law and the conflict of laws is excluded.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or incorrect, this shall not affect the validity of the other provisions. In addition, the statutory provisions apply.
6. Privacy
The V-Hotel is entitled to process and store the customer data received with the initiation and implementation of the business relationship, even if this comes from third parties, in accordance with the Federal Data Protection Act and to have it processed and stored by third parties commissioned by the V-Hotel .
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