BEST WESTERN Hotel am Spittelmarkt

I.    Scope of Applicability

1.     These Terms and Conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel for the customer (Hotel Accommodation Contract). The term "Hotel Accommodation Contract" includes and replaces the following terms: Lodging, hospitality, hotel and hotel room contract.

2.    The prior written consent of the hotel is required and it may be made subject to additional charges if rooms provided are to be sublet or rented to other parties or used other than for lodging purposes, for public invitations or any other advertising measures, for interviews, for sales or similar events and the use of hotel space outside of the rooms rented, whereby § 540, section 1, sentence 2 German Civil Code is waived
insofar as the customer is not a consumer.

3.    The customer’s general terms and conditions shall apply only if these are previously expressly agreed in writing.

4.    The additional terms agreed on the conclusion of the individual contract also apply.

II.    Conclusion of Contract, Parties, statute of Limitations

1.    The contract shall come into force upon the hotel’s acceptance of the customer’s application. At its discretion, the hotel may confirm the room reservation in the text form.

2.    The parties to the contract are the hotel and the customer. If a third party placed the order on behalf of the customer, then that party shall be liable towards the hotel for all obligations arising from the hotel accommodation contract as joint and several debtor together with the customer, insofar as the hotel has a corresponding statement from the third party.

3.    Any claims against the hotel shall generally be time-barred for one year after the commencement of the general statute of limitations period. Damage claims shall be time-barred after five years, independent of knowledge. The reduction of the statute of limitation periods shall not apply for claims which are based on an intentional or grossly negligent breach of obligation by the hotel.

III.   Services, prices, payments, set-off

1.    The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.

2.    The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services used. This shall also apply to the hotel’s services and outlays to third parties caused by the customer. The agreed prices include the statutory sales tax. If the Value Added Tax rate increase on the day the service is rendered the agreed prices will change respectively; the hotel has the right to subsequently charge the increased Value Added Tax.

3.    The hotel can make its agreement to the customer’s later request for a reduction of the number of reserved rooms, services of the hotel or the customer’s length of stay dependent upon the increase of the price for the rooms and/or for the other services.

4.    Hotel invoices not showing a due date are payable and due in full within seven days of receipt of the invoice without deduction. An invoice shall be regarded as received by the customer within 3 days after dispatch, provided an earlier receipt cannot be proven by the hotel or a later receipt proven by the customer. The hotel shall be entitled at any time to make accumulating accounts receivable payable and due and to demand payment without undue delay. With default of payment, the hotel shall be entitled to demand the respectively applicable statutory default interest in the amount of currently 8% or, with legal transactions with a consumer, in the amount of 5% above the base interest rate. The hotel reserves the right to prove a greater damage. For each official reminder issued after the payments default arises, the customer must reimburse reminder costs of € 5.00 to the hotel. All other costs incurred as part of the collection shall be borne by the customer.

5.    The hotel is entitled to require a reasonable advance payment or security deposit from the customer upon conclusion of the contract in the form of a credit card guarantee, an advance payment, or similar. The amount of the advance payment and payment dates may be agreed in writing in the contract. With advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.

6.    In justified cases, e.g. the customer’s default in payment, the hotel 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. 5 or an increase of the advance payment or security deposit agreed in the contract up to the total agreed remuneration.

7.    Furthermore, the hotel shall be entitled, at the commencement and during the customer’s stay, to demand a reasonable advance payment or security deposit according to the above-mentioned No. 5 for existing and future accounts receiveable from the contract, insofar as such has not already been paid pursuant to the above mentioned No. 5 and/or No. 6.

8.    The customer may only set-off or reduce on the grounds of an undisputed or legally valid claims, against a claim of the hotel or exercise a right of retention.

9.    Pets may only be brought in if the hotel has consented before hand, and a charge may be imposed.

IV.        Repudiation by the Customer (cancellation, annulment) / Failure to use hotel services (no show)

1.    Cancellation by the customer of the contract concluded with the hotel requires the hotel’s written consent. If such is not given then the price agreed in the contract must be paid even if the customer does not avail himself of the contractual services. This shall not apply with the breach of obligation of the hotel to take into account the rights, objects of legal protection and interests of the customer, if holding to the contract is no longer reasonable or another statutory or a contractual cancellation right exists.

2.    To the extent the hotel and customer agreed in writing upon a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without
incurring payment or damage compensation claims by the hotel. The customer’s right of cancellation shall expire if he does not exercise his cancellation right in writing towards the hotel by the agreed date, insofar as no cancellation case pursuant to item clause IV, No. 1, sentence 3 exists.

3.    If rooms are not used by the customer, the hotel must credit the income from renting the rooms to other parties and also for saved expenses. If the rooms are not otherwise rented, the hotel can demand the contractually agreed rate and assess a flat rate for the saved expenses of the hotel. In this case, the customer is obligated to pay at least 90% of the contractually agreed rate for lodging with or without breakfast, 70% for room and half-board, and 60% for room and full-board arrangements. The customer is at liberty to show that the above-mentioned claim was not created or not created in the amount demanded.

V.   Cancellation by the Hotel

1.    Insofar as it was agreed in writing that the customer can cancel the contract at no cost within a certain time period, the hotel is entitled for its part to cancel the contract during this time period if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by the hotel does not waive his right of cancellation. This will apply accordingly if an option is granted, when other enquiries have been received and the customer is not, on enquiry by the hotel, prepared to make a definite booking within a time limit set by the hotel. Definite booking in this case means that a hotel booking contract will arise on this date and the originally agreed right to cancel free of charge will cease to apply.

2.    If an agreed advance payment or an advance payment or security deposit demanded pursuant to item clause III, No. 5 and/or No. 6 is not made even after a reasonable
grace period set by the hotel has expired, then the hotel is likewise entitled to cancel the contract.

3.    Moreover, the hotel is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause, e.g. if

·   force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;

·   rooms are reserved with misleading or false information regarding material facts, such as the identity of the customer or the purpose of his stay;

·   the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization;

·   there is a breach of the above-mentioned Item clause 1 No. 2.

4.    The customer can derive no damage compensation rights from a justified cancellation by the hotel.

5.    The hotel is entitled to forbid and/or demand the immediate termination of interviews and sales or similar events which have not been approved.

6.    If the hotel acquires a claim to damages against the customer in the case of withdrawal as per subsections 2, 3 and 5 above, the hotel is entitled to define its claim as a lump sum. Section IV No. 3 will apply accordingly in such a case. The customer is entitled in such cases to prove that no loss was suffered or that the loss was smaller.

VI.   Room booking, delivery and return

1.    The customer does not acquire the right to the provision of specific rooms. However, should they have been promised on the order confirmation and/or hotel registration contract, but not be available, the hotel will be obligated to make efforts to provide an equivalent replacement in the hotel or in other, similar accommodation facilities.

2.    Reserved rooms are available to the customer starting at 2 p.m. on the agreed arrival date. The customer does not have the right to an earlier availability. Unless a later arrival time is expressly agreed or the room concerned was paid for in advance, the hotel is from 6 p.m. onward entitled to allocate a room booked to another guest without this giving rise to any claim on the part of the customer against the hotel. This does not affect claims of the hotel based on subsection IV. The persons staying in the hotel must fill out and sign a special registration form on the day of arrival. Accommodated foreigners must prove their identity by presenting a valid identity document (passport, identity card or other type of passport substitute).

3.    Rooms must be vacated and made available to the hotel not later than 11 a.m. on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the hotel may charge 50% of the full accommodation rate (list price) for the additional use of the room until 2 p.m. (after 2 p.m.: 100%). Contractual claims of the customer shall not be established hereby. The customer is at liberty to prove that the hotel incurred no or much lesser claim for usage damages.

VII.   Liability of the hotel

1.    The hotel is liable for exercising the duties of a prudent businessman for the performance of its obligations arising from the contract. Customer claims for damages are excluded. This excludes damages which result from injury to life, limb or health for which the hotel is responsible based on a breach of the obligation, other damage which is caused by an intentional or grossly negligent breach of obligation and damage which is caused from an international or negligent breach of obligations of the hotel which are typical for the contract. A breach of obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or vicarious agent.

Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection by the customer without undue delay. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.

2.    The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions; i.e., up to one hundred times the room rate, not to exceed €3,500.00 for cash, and for securities and valuables up to €800.00. Cash, securities and valuables up to a maximum value limit corresponding to the insurance cover in place for the hotel concerned, may be stored in the hotel safe or room safe. The hotel recommends making use of this option. Liability claims will cease to apply if the customer fails to notify the hotel immediately on becoming aware of loss, destruction or damage (§ 703 German Civil Code (BGB)). There will only be a liability if the room or container in which the item concerned was left was locked. Objects or materials that are left in generally accessible areas of the hotel, in the technical facilities and conference rooms of the hotel, shall not be regarded as introduced if they were not expressly taken into custody by an appropriately authorized person.

3.    Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. A surveillance obligation of the hotel does not exist. The hotel assumes no liability for loss of or damage to motor vehicles parked or maneuvered on the hotel’s property and the contents thereof, except for cases of intent or gross negligence. The above-mentioned No. 1, sentences 2 to 4 shall apply accordingly.

4.    Wake-up calls are carried out by the hotel with the utmost care. A liability is not accepted. Messages, mail and merchandise deliveries for guests shall be handled with care. The hotel will deliver, hold, and, for a fee, forward such items (on request). Above-mentioned No. 1, sentences 2 to 4 shall apply accordingly.

5.    Items left behind by the customer will only be forwarded if requested and at the customer’s own risk and expense. The hotel will store items for three months. Thereafter they will, if they appear to be of any value, be handed over to the local lost property office. If they are of no apparent value, the hotel reserves the right to destroy them on the expiry of the above period. Customer claims will expire at the statute of limitations deadline.

VIII.   Final Provisions

1.    Amendments or supplements to the contract, the acceptance of applications or these General Terms and Conditions for the Hotel Accommodation should be made in writing. Unilateral amendments and supplements by the customer are not valid.

2.    Place of performance and payment is the location of the hotel’s registered office.

3.    In the event of dispute, including disputes for checks and bills of exchange, the courts at the location of the hotel’s registered office according to corporate law shall have exclusive jurisdiction for commercial transactions. Insofar as a contracting party fulfils the requirements of § 38, section 2 of the German Code of Civil Procedure and does not have a general venue within the country, the courts at the location of the hotel’s registered office according to corporate law shall be the place of jurisdiction.

4.    German law applies. The application of the CISG and the conflict of law provisions are excluded.

5.    Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. Furthermore, the statutory provisions apply. The parties shall undertake to replace an invalid provision with a valid one which comes as close as possible to achieving the purpose of the invalid one.

For questions regarding terms and conditions please contact: info@agon-group.com .