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PROPERTY Guesthouse

SHOE MAKING GUESTHOUSE

CORNEL`S café bar vinotheque

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Frey & Frey GbR

Main street 37

65375 Oestrich angle

mail@liegen-schaft.de

VAT ID no. DE293935822

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TERMS OF SERVICE

1 SCOPE

1. 1.1  These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.

2. 1.2  The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived if the customer is not a consumer.

3. 1.3  The customer's general terms and conditions only apply if this has been expressly agreed beforehand.

2 CONCLUSION OF CONTRACT, PARTNERS, STATUTE OF LIMITATIONS

1. 2.1  The contractual partners are the hotel and the customer. The contract is formed when the hotel accepts the customer's application. The hotel is free to confirm the room booking in text form.

2. 2.2  All claims against the hotel expire one year after the start of the statutory limitation period. This does not apply to claims for damages or other claims if the latter are based on an intentional or grossly negligent breach of duty by the hotel.

3 SERVICES, PRICES, PAYMENT, OFFSET

1. 3.1  The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

2. 3.2  The customer is obliged to pay the agreed or applicable hotel prices 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. 3.3  The agreed prices include the taxes and local duties applicable at the time the contract is concluded. Not included are local taxes, which are owed by the guest himself according to the respective municipal law, such as visitor's tax. 

   In the event of a change in the statutory sales tax or the introduction, change or abolition of local taxes on the service object after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.

4. 3.4  The hotel can make its approval of a subsequent reduction in the number of booked rooms, the hotel's service or the length of stay of the customer, if requested by the customer, dependent on the price for the room and/or for the other services of the hotel increasing.

5. 3.5  Hotel invoices without a due date are payable within ten days of receipt of the invoice without deduction. The hotel can demand the immediate payment of due claims from the customer at any time. If the customer is in default of payment, the statutory regulations apply. The hotel reserves the right to prove higher damage.

6. 3.6  The hotel is entitled to demand a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. If the customer is in default of payment, the statutory regulations apply.

7. 3.7  In justified cases, e.g. the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled to demand an advance payment or security deposit within the meaning of Section 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed amount, even after conclusion of the contract up to the start of the stay to demand compensation.

8. 3.8  The hotel is also entitled to demand a reasonable advance payment or security deposit within the meaning of Section 3.6 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such has not already been provided in accordance with Section 3.6 and/or Section 3.7 above became.

9. 3.9  The customer can only offset or set off against a claim of the hotel with an undisputed or legally binding claim.

4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION)/ FAILURE TO USE HOTEL SERVICES (NO SHOW)

1. 4.1  The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a contract cancellation should be made in text form.

2. 4.2  If an appointment for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract up to that point without triggering payment or damage claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right to withdraw from the hotel by the agreed date.

3. 4.3  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 hotel does not consent to the cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use of the service. The 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 at least 90% 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.

5 WITHDRAWAL OF THE HOTEL

5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the 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 responds to the hotel’s query not waive his right to withdraw after setting a reasonable deadline.

5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and/or Section 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, in particular if

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

- rooms or spaces 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 hotel has justified reason to assume that the use of the service may jeopardize the smooth running of business, the security or the reputation of the hotel in public, without this being attributable to the hotel's area of control or organization;

- the purpose or reason for the stay is illegal;

- there is a violation of the above-mentioned number 1.2.

5.4 The hotel's justified withdrawal does not justify any claims by the customer for damages.

6 ROOM AVAILABILITY, DELIVERY AND RETURN

6.1 The customer does not acquire the right to be provided specific rooms unless this has been expressly agreed.

6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability.

6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After that, the hotel can charge 50% of the full accommodation price (list price) due to the delayed vacating of the room for its contractual use up to 6:00 p.m. and 90% from 6:00 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim for usage fees.

7 HOTEL LIABILITY

7.1 The hotel is liable for damage to life, limb or health for which it is responsible. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of contractual obligations on the part of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this clause 7. Should disruptions or defects occur in the hotel's services, the 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 remedy the disruption and to keep possible damage to a minimum.

7.2 The hotel is liable to the customer for items brought in according to the statutory provisions. If the guest wishes to bring money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate safekeeping agreement with the hotel.

7.3 If the customer is provided with a parking space in the hotel garage or in the 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 hotel property and their contents, the hotel is only liable in accordance with the above clause 7.1, sentences 1 to 4.

7.4 Wake-up calls are carried out by the hotel with the utmost care.
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 hotel is only liable in accordance with the above clause 7.1, sentences 1 to 4.

8 FINAL PROVISIONS

8.1 Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the customer are invalid.

8.2 The place of performance and payment as well as the exclusive place of jurisdiction - also for disputes over checks and bills of exchange - is in commercial transactions [Please enter the location, either the location of the hotel or the registered office of the hotel's operating company]. If a contractual partner fulfills the requirements of Section 38 Paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is [Please enter the location, either the location of the hotel or the registered office of the hotel's operating company].

8.3 German law applies. The application of the UN sales law and the conflict of laws is excluded.

8.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.

© Hotelverband Deutschland (IHA) eV

Status: November 2014  

1SCOPE OF APPLICABILITY

1. 1.1  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 to the customer in this context (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” comprises and replaces the following terms: accommodation, lodging, hotel, hotel room contract.

2. 1.2  The hotel's prior consent in written form is required if rooms provided are to be sublet or rented to a third party, or used for purposes other than lodging, whereby section 540, para. 1, sentence 2 German Civil Code (BGB) is waived insofar as the customer is not a consumer.

3. 1.3  The customer's general terms and conditions shall apply only if these are previously expressly agreed.

2 CONCLUSION OF CONTRACT, PARTIES, STATUTE OF LIMITATIONS

1. 2.1  The hotel and the customer are the contracting parties. The contract shall come into force upon the hotel's acceptance of the customer's offer. At its discretion, the hotel may confirm the room reservation in writing.

2. 2.2  Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period. This shall neither apply to damage claims nor to claims which are based on an intentional or grossly negligent breach of obligation by the hotel.

3 SERVICES, PRICES, PAYMENT, SET OFF

1. 3.1  The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.

2. 3.2  The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services accepted. This also applies to services ordered by the customer directly or via the hotel, which a third party provides and the hotel disburses.

3. 3.3  The agreed prices include all taxes and local taxes in effect at the time of the conclusion of the contract. This does not include locally levied taxes, which are owed by the guest himself according to the particular municipal law, such as visitor's tax.
   If the statutory value added tax is changed or if local taxes concerning the rooms and services are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted. This only applies to contracts concluded with consumers, if four months have passed between the conclusion and fulfillment of the contract.

4. 3.4  The hotel can make its consent 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 on the increase in the price for the rooms and/or for the other services.

5. 3.5  Hotel invoices not stating a due date are payable without deduction and due within ten days of receipt of the invoice. The hotel can demand immediate payment of due debt from the customer. The statutory rules concerning the consequences of default of payment apply. The hotel reserves the right to prove greater damage.

6. 3.6  The hotel is entitled to require a reasonable advance payment or a security, such as a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and payment dates may be agreed in written form in the contract. The statutory provisions shall remain unaffected with advance payments or a security for package tours. The statutory rules concerning the consequences of default of payment apply.

7. 3.7  In justified cases, eg the customer's default in payment or expansion of the scope of the contract, 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 a security within the meaning of the above-mentioned No. 3.6 or an increase of the advance payment or a security agreed in the contract up to the total agreed remuneration.

8. 3.8  Furthermore, the hotel shall be entitled, at the commencement and during the customer's stay, to demand a reasonable advance payment or security deposit with- in 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.

9. 3.9  The customer may only set-off, reduce or clear a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.

4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION, ANNULMENT)/ FAILURE TO USE HOTEL SERVICES (NO SHOW)

1. 4.1  The customer can only withdraw from the contract concluded with the hotel, if a right of withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal exists or if the hotel gives its explicit consent to the withdrawal. The contractual agreement of a right of withdrawal as well as the consent to withdrawal from the contract shall be in written from.

2. 4.2  Insofar as the hotel and customer have agreed upon a date for a cost-free with- drawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of withdrawal shall expire, if he does not exercise his right of with- drawing vis-à-vis the hotel by the agreed date.

3. 4.3  If a contractual right of withdrawal was not agreed or has expired, a statutory right of withdrawal or cancellation is not given and the hotel does not give its consent to the cancellation of the contract the agreed hotel services shall be paid regardless of whether the customers avails himself of the contractual services.The hotel must cred- it the income from renting the rooms to other parties as well as for saved expenses. If the rooms are not rented otherwise, the hotel can demand the contractually agreed rate and assess a lump sum 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 as well as all-inclusive arrangements with contracted services, 70% for half-board and 60% for full- board arrangements. The customer is entitled to prove that the above-mentioned claim has not accrued at all or has not amounted to the demanded sum.

5 WITHDRAWAL OF THE HOTEL

5.1 Insofar as it was agreed that the customer can withdraw from the contract at no cost within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period of time if inquiries from other customers regarding the

contractually reserved rooms exist and the customer, upon inquiry thereof by the hotel with a reasonable deadline set, does not waive his right of withdrawal.

1. 5.2  If an agreed advance payment or an advance payment or a security demanded pursuant to No. 3.6 and/or no. 3.7 is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.

2. 5.3  Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if

   • -  force majeure or other circumstances beyond the hotel's control render the fulfillment of the contract impossible;

   • -  rooms or spaces are reserved with culpably misleading or false information or concealment regarding essential facts; the identity or solvency of the customer or the purpose of his stay can constitute essential facts;

   • -  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;

   • -  the purpose or the cause of the stay is illegal;

   • -  there is a breach of the above-mentioned no. 1.2.

3. 5.4  The justified withdrawal by the hotel constitutes no claims for damages for the customer.

6 ROOM AVAILABILITY, DELIVERY AND RETURN

1. 6.1  The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed.

2. 6.2  Reserved rooms are available to the customer starting at 3:00 pm on the agreed arrival date. The customer does not have the right to earlier availability.

3. 6.3  Rooms must be vacated and made available to the hotel no later than 12:00 noon 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 6:00 pm (after 6:00 pm: 90%). Contractual claims of the customer shall not be established hereby. The customer is at liberty to prove that the hotel has no or a much lower claim for charges for use of the room.

7 LIABILITY OF THE HOTEL

1. 7.1  The hotel is liable for harm inflicted on life, limb and physical health. Further it is liable for other damage caused with full intent or gross negligence or due to intentional or grossly negligent violation of obligations 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. All other claims for damages are excluded, if not determined differently in this No. 7. 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 made 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. 7.2  The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions. It recommends the use of the hotel or room safe. If the guest wishes to bring him money, securities, stocks, bonds or valuables with a value of more than 800 EUR or other things with a value of more than 3500 EUR, a separate safekeeping agreement is necessary.

3. 7.3  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 ex-changed. The hotel only assumes liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel's property and the contents thereof only pursuant to the preceding No. 7.1, sentences 1 to 4.

4. 7.4  Wake-up calls are carried out by the hotel with the greatest possible diligence. 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). The hotel only assumes liability according to the preceding no. 7, sentences 1 to 4.

8 FINAL PROVISIONS

1. 8.1  Amendments and supplements to the contract, the acceptance of offers or these general terms and conditions should be made in written form. Unilateral amendments or supplements by the customer are invalid.

2. 8.2  For commercial transactions the place of performance and payment as well as, in the event of litigation, including disputes for checks and bills of exchange, the exclusive court of jurisdiction is at [Please enter the place, optionally the location of the hotel or the registered office of the operating company ]. Insofar as a contracting party fulfills the requirements of section 38, para. 2 of the German Code of Civil Procedure (ZPO) and does not have a place of general jurisdiction within the country, the courts at [Please enter location, optionally location of the hotel or registered office of the operating company] shall have exclusive jurisdiction.

3. 8.3  The contract is governed by and shall be constructed in accordance with German law. The application of the UN Convention on the International Sale of Goods and Conflict Law are precluded.

4. 8.4  Should individual provisions of these general terms and conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.

© Hotelverband Deutschland (IHA) eV

Version: November 2014