General Standard Terms and Conditions
According to our quality standards a minimum of rules and liabilities is inevitable for us
and our contracting parties. We ask you to understand the following subjects as seen for
that point of view. If you have any questions you can contact us at any time.
General Standard Terms and Conditions for Hotel and Accommodation
Preface
One by the other contracting party (in the following named „tenant“) arranged and by the user (in the following named „hotel“) accepted room booking justifies the so called “Hotel Accommodation Contract”. If between the tenant and the hotel beside and in connection with granting of board and lodging is agreed the organization of leisure time programmes, for example the visit of cultural or sport events or special healthy measures or comparable special offers as personal contributions against payment, the so called Package Travel Contract is caused.
A. General regulations
I. Validity of conditions
1. These conditions are valid for all Hotel Accommodation Contracts and Package Travel Contracts which have been concluded with the Hotel Schloss Lübbenau and for all services according to the performance of the contract in the hotel or the hotel outdoor areas. If the tenant is given conference- and banquet rooms for carrying out of events the special business hotel conditions for events are valid. If in the last mentioned case is not given a special regulation are also valid for permitting of use of conference- and banquet rooms the general regulations which are described under A.
2. All conditions are also valid for all future business connections between the hotel and the tenant even if these conditions are not agreed particularly again.
3. General standard terms and conditions of the tenant do not find application even if the hotel does not contradict them expressly. Counter-confirmations of the tenant referring to his general terms and conditions are contradicted with this.
II. Offer, conclusion of contract, contracting parties and use of rooms
1. The contract comes into existence after the tenant’s application with the acceptance of the hotel. The hotel is at liberty to accept the application in writing. By an application for reservation of more than 10 accommodation units even at a reservation of more than 10 different rooms for each one night the contract comes into existence only with written acceptance of the hotel. If the confirmation of the hotel differs from the application of the tenant a new contractual offer comes into being which is binding for the hotel for 5 working days provided that it is not retracted by the hotel towards the tenant. Offers of the hotel are free and not binding, for example at quota requests for the case that other things are not agreed in writing.
2. If a third party has ordered for the tenant the party is liable towards the hotel together with the tenant as joint and several debtors for all obligations from the Hotel Accommodation Contract/Package Travel Contract. If the tenant has arranged services and expenditures of the hotel to a third party the tenant also is liable as a joint and several debtor. If there have not been made other agreements the tenant is obliged to obtain the consent of the hotel with the reservation of optional nature before use of the room for the case that one or more rooms are used by other persons for accommodation. For the whole damage which comes into being for the hotel directly or indirectly because of infringement of that duty – regardless of behaviour or the person itself – the tenant is also liable to recourse.
3. Subletting of rooms and other than accommodation use of them is not permitted. On demand the hotel exceptionally grants a written consent.
4. If a tenant orders more than 10 room units per day he is even without request of the hotel obliged to give the hotel 14 days before arrival a clear list of names of the persons who will stay in the hotel. Disadvantages which are caused by a delayed or not appeared sending of the list name or even by incorrectness can not be asserted towards the hotel. The tenant is stopped from making claims for damages or reduction because of another room distribution than it was ordered.
III. Provision of rooms, prices, payment, set-off and assignment
1. The tenant does not acquire any claim to provision of special rooms or premises. If some special rooms are promised in the confirmation of the order but not available the hotel is entitled to give the tenant an equivalent reimbursement in the house without any claim of the tenant. For that purpose the tenant has to accept an appropriate waiting time.
2. If it is absolutely impossible – independently of the agreement about provision of special rooms – to give the tenant the promised number of rooms the performance can be completely or partially fulfilled by a nearby hotel of the same category. This is valid if the rooms are needed by the tenant or the accommodated persons for professional reasons and if the hotel undertakes in writing to take over the additional costs of the alternative hotel for longer access routes to business dates of the tenant/accommodated person. In the case of such an obligation the tenant has no right of rescission of the contract. The tenant does also not acquire any claim to reimbursement of additional costs for longer access routes.
3. The prices are determined following the valid hotel price list at the moment of benefit performance. If in the confirmation of an order are given fixed prices and between conclusion of the contract and the benefit performance are more than 4 months, the hotel can appropriately increase the contractually agreed price at a maximum of 15 per cent per annum. The prices can also be changed by the hotel in the above mentioned amount if the tenant later demands for change of number of rooms, of performances of the hotel or of the duration of stay and if the hotel gives its written consent.
4. The hotel bills are payable within 14 days from date of invoice without deductions. With delay in payment the hotel has the right to demand for an interest at the rate of 1 per cent per month. Evidence of higher damage is reserved. An invoice is valid as received at the place of the invoice recipient at the latest 3 days after sending in the case that an earlier receipt can not be proofed. The writing of a total invoice does not release from a payment of separate invoices on the due date. Delay in payment even of only one invoice entitles the hotel to stop all further and future performances or to demand for a prepayment at the rate of up to 100 per cent. The hotel decides about that without further notice. For each reminder is calculated a dunning charge at the rate of 5,00 EUR. Invoices are principally payable cash or by credit card. The hotel is entitled to reject foreign exchange, cheques and credit cards. Vouchers of travel organizers are accepted only if there is a credit agreement with the concerning firm or if adequate prepayments have been made. A reimbursement of not used performances is excluded.
5. The hotel is entitled to demand from the tenant with conclusion of the contract a prepayment or provision of security at the rate of up to 100 per cent of the total financial obligation of the tenant. The rate of prepayment and the payment dates can be fixed in the contract.
6. The tenant can only set his claim off against the demand of the hotel if his demand has not been contested or if it has become final. That is also valid for the use of right of retention because of own demands of the tenant. Claims and rights can be assigned only with a written consent of the hotel.
IV. Cancellation of reserved rooms and services
1. Reservations are binding for both contracting parties. A partial cancellation of reserved rooms/services is principally excluded and only possible as a special exception with a written consent of the hotel. If there are not made any other agreements the financial obligation of the tenant who requests for total cancellation of reserved rooms/service according to the Hotel Accommodation Contract is reduced not to the really saved expenditures of the hotel but to the higher better position of the tenant according to the fixed regulations which are mentioned under IV. of these Terms and Conditions. For the Package Travel Contract in the following paragraph are fixed diverging regulations. A request for cancellation of reserved rooms/services lets totally cancel the financial obligation of the tenant with the Package Travel Contract for the case that at a reservation of less than 10 accommodation units the written statement of the tenant with the request for cancellation receives in the hotel until 28 days before beginning of stay. In the case of later receipt with the request for cancellation in difference to the Hotel Accommodation Contract is excluded a reduction of the financial obligation of the tenant higher than the really saved expenditures of the hotel at an order of less than 10 accommodation units within the scope of a Package Travel Contract. At a total reservation of 10 or more accommodation units that exclusion is principally valid. The following paragraphs IV 1. a. and b. of these Terms and Conditions are not valid for the Package Travel Contract. Only for the Hotel Accommodation Contract is valid:
a. Total reservation (all overnight stays in reservation time) from up to 10 nights:
aa. If the request for cancellation with a written statement of the tenant is received in the hotel at the latest until 28 days before the beginning of benefit time a financial commitment of the tenant is cancelled.
ab. If the request for cancellation with a written statement of the tenant is received in the hotel at the latest until 15 days before the beginning of benefit time the financial commitment of the tenant is increased to 15 per cent of the value of the ordered services.
ac. If the request for cancellation with a written statement of the tenant is received in the hotel at the latest until 8 days before the beginning of benefit time the financial commitment of the tenant is increased to 30 per cent of the value of the ordered services.
ad. If the request for cancellation with a written statement of the tenant is not received in the hotel at the latest until 3 days before the beginning of benefit time the financial commitment of the tenant is increased to 60 per cent of the value of the ordered services.
ae. If the request for cancellation with a written statement of the tenant is received in the hotel later or the reserved rooms/services are not used without such a statement the financial commitment of the tenant is increased to 80 per cent of the value of the ordered services.
b. Total reservation (all overnight stays in reservation time) of more than 10 nights:
ba. If the request for cancellation with a written statement of the tenant is received in the hotel at the latest until 56 days before the beginning of benefit time a financial commitment of the tenant is cancelled.
bb. If the request for cancellation with a written statement of the tenant is received in the hotel at the latest until 45 days before the beginning of benefit time the financial commitment is reduced to 50 per cent of the value of the ordered services.
bc. If the request for cancellation with a written statement of the tenant is received in the hotel at the latest until 30 days before the beginning of the benefit time the financial commitment is reduced to 30 per cent of the value of the ordered services.
bd. If the request for cancellation with a written statement of the tenant is received in the hotel at the latest until 10 days before the beginning of benefit time the financial commitment is reduced to 50 per cent of the value of the ordered services.
be. If the request for cancellation with a written statement of the tenant is received in the hotel later ort he reserved rooms/services are not used without such a statement the financial commitment of the tenant is reduced to 80 per cent of the value of the ordered services.
2. The tenant is under the obligation of proving the punctual receipt of described explanations under IV. 1. of these Terms and Conditions.
3. If the hotel can in another way rent the room/s in the agreed performance period the reduced financial obligation of the tenant (IV. 1.) is additionally reduced by the amount which is more than more than the sum of the continuous financial obligation and the payment from the other rent. The tenant can only take advantage of another rent which can not be refused without any reason that his financial obligation is cancelled.
V. Rescission of the hotel
1. The hotel is entitled to an immediate rescission of the contract in the case that a prepayment or a provision of security (deposit) did not receive until the agreed date on the hotel bank account.
2. . The hotel is additionally entitled to an immediate rescission if
a. force majeure, strike or other circumstances beyond hotel’s control make the fulfilment of the contract impossible;
b. rooms always are booked by misleading or incorrect statements of essential facts, for example regarding to the person of the tenant, the accommodated person or the purpose;
c. the name of the hotel or cooperating business parts (for example restaurant) in connection with advertising campaigns without previous written consent of the hotel is needed;
d. the hotel has a reasonable motive that the use of hotel performance can damage the smooth business, safety and the image of the hotel without any responsibility of the hotel.
3. The hotel has immediately to inform the tenant in writing about the right of rescission. A justifiable rescission of the hotel from the contract does not constitute any claims of the tenant to damages or other equalization payments. In the case of a justifiable rescission a claim of the hotel to reimbursement of the existing damage and of the expenditure is not affected.
VI. Liability of the hotel, statute of limitations, contributed objects and other
1. Principally the hotel is liable only in the case of intent or gross negligence. That is also valid for all claims for neglects of hotel’s duties or for circumstances in connection with the preparation, bargaining, conclusion and carrying out of the contract – regardless of the kind of contractual duty (for example temporary leaving, conveyance, service) and even regarding to law of tort and all other claims from legal obligations. In the case of infringement of life, body or health and in the case of infringement of contractual duties which are indispensable for reaching the contract aim the hotel also is liable in the case of simple negligence.
2. If there is a liability following these regulations it is limited to foreseeable and direct damage. A liability of the hotel for consequential damage or indirect damage is excluded.
3. In the case of simple negligence the liability of the hotel is limited to 125.000,00 EUR for personal injury and to 5.000,00 EUR for damage to property and financial loss.
4. Regarding to liability of the hotel for loss or damage of possession or valuables of the tenant or of the person who is accommodated with the consent of the hotel and uses during the contract period the rooms of the hotel is valid the hereinafter regulation VI. 6. of these terms and conditions.
5. Exclusions and limitations of liability are valid in the same way for the benefit of all firms, subcontractors and vicarious agents who fulfil the contractual duties of the hotel.
6. An independent from fault liability of the hotel for existing defects of the rooms at the time of conclusion of contract is excluded.
7. The tenant is obliged to give immediately notice of any defects – at the latest on the day of departure. Claims of the tenant are to be asserted towards the hotel in writing within 14 days after the contractually scheduled close of performance. After the end of the deadline claims can only be asserted if the tenant without fault has been prevented from keeping the deadline.
8. For all claims from or in connection with the preparation, bargaining, conclusion and carrying out of that contract and regarding to law of tort and all other claims of the tenant from legal obligations the statute of limitations is one year – for the case that legal regulations do not obligatory prescribe something different. The statute of limitations begins with the calendar day on which the benefit performance referring to the contract should have been finished – for the case that legal regulations do not prescribe something different.
9. Things or materials which are left in generally accessible rooms of the hotel, in technical establishments or in conference rooms are not valid as contributed if they are not expressly taken charge by an authorized member of staff of the hotel. For not left valuables the liability is excluded. In the rooms the hotel is liable for those things and materials which have been contributed by the obligee from the contract. The extent of liability of the hotel is – apart from intent or gross negligence – for damage or loss of contributed things and materials at a maximum of 3.500,00 EUR, for money, securities and precious objects at 800,00 EUR. Also that liability claim becomes invalid if the tenant does not give notice towards the hotel in writing at the latest on the day after next after taking of notice of loss, destruction or damage.
10. If the tenant gets a parking lot in the hotel garage or at a hotel parking space – also against payment – a safekeeping contract does not come into being. There are no supervisory duties of the hotel. The hotel is liable for damages or getting lost of vehicles only in the case of an own intentional or grossly negligent behaviour or such a behaviour of its vicarious agents.
11. Left things of the tenant are forwarded only on demand, at the risk and at the expense of the tenant. The hotel keeps the things 12 months and calculates therefore an adequate charge. Afterwards the things if there is a discernible value are given to the local lost-and-found office.
12. The hotel tries hard to carry out wake-up services with the care of a prudent businessman.
13. Messages, post and consignment of goods for the attention of the tenant are treated with the care of a prudent businessman. The hotel is responsible for the safekeeping and on demand against payment for forwarding.
14. Each kind of liability of the hotel according numbers 11. to 13. is also excluded.
VII. Room handing over, departure, event rooms
1. Reserved rooms are available to the tenant from 2 p.m. If there has not been made another agreement the hotel has the right to allocate reserved rooms to somebody else after 6 p.m. The tenant can not assert any rights or claims in this case.
2. The rooms have to be left on the day of departure at the latest at 11 o’clock. Afterwards the hotel can charge to the tenant’s account the additional use of the room until 2 p.m., from 2 p.m. 100 per cent of total lodging price (list price).
3. Reserved event rooms are available to the tenant only at the agreed time. A use of the event rooms for more than the agreed time demands a previous written consent of the hotel.
VIII. Place of performance, place of payment, place of jurisdiction, collateral agreements, partial ineffectiveness
1. Place of performance and payment is for both parties the seat of the hotel.
2. German law is valid.
3. The place of jurisdiction in the commercial communication for all disputes between the contracting parties is Cottbus.
4. Oral or written collateral agreements are not made. Changes or additions are essential to the validity and are required in writing. The same is also valid for the waiver of statutory written form.
5. If separate regulations of the contract – including these general standard terms and conditions – should be ineffective the effectiveness of the other regulations is not affected. The parties will immediately replace the ineffective regulations with those effective regulations which come close to the aimed purpose and to its economic importance. The same is valid for the case if regulation gaps should appear in the contract.
B. Additional regulations for Package Travel Contracts
I. Because of changes, differences or reductions of separate special services within the scope of a Package Travel Contract which become necessary after conclusion of a contract the tenant can not to assert claims if they are merely insignificant.
II. If agreed and available services are not used by the tenant a reduction or reimbursement of the total amount is not possible.
III. The hotel is not liable for any damage which the tenant suffers during use of a special service. The tenant is referred by that to the enforcement of his claims towards the organizer of the special service.
Lübbenau, January 2006
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