Terms and Conditions | Trend Hotel Oldenburg

General terms and conditions for the hotel recording contract

1 Scope

1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries of the hotel provided to 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.

1.2 The subletting or re-letting of the rooms provided as well as 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, insofar as the customer is not a consumer.

1.3 General terms and conditions of the customer shall only apply if this has been expressly agreed in advance.

2 Contract conclusion, -partner, statute of limitations

2.1 The contractual partners are the hotel and the customer. The contract is concluded by the acceptance of the customer’s application by the hotel. The hotel is free to confirm the room booking in text form.

2.2 All claims against the hotel shall be time-barred in one year from the commencement of the statutory limitation period. This does not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel.

3 Services, prices, payment, set-off

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

3.2 The customer is obligated to use the other services used for the room provision and the other services
agreed or applicable prices of the hotel. This also applies to services commissioned directly by the customer or through the hotel, which are provided by third parties and issued by the hotel.

3.3 The agreed prices are inclusive of the taxes and local charges in force at the time of conclusion of the contract. It does not include local taxes, which are owed by the guest himself according to the respective municipal law, such as tourist tax. In the event of a change in the statutory value added tax or the introduction, modification or abolition of local taxes on the object of performance after conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion of the contract and fulfilment of the contract exceeds four months.

3.4 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the service of the hotel or the length of stay of the customer requested by the customer dependent on an increase in the price for the rooms and/or for the other services of the hotel.

3.5 Invoices of the hotel without due date are payable without deduction within ten days from receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. In the event of default of payment by the customer, the statutory provisions shall apply. The hotel reserves the right to prove a higher damage.

3.6 The hotel is entitled to demand from the customer a reasonable advance payment or security, for example in the form of a credit card guarantee, at the time of conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in the contract in text form. In the case of advance payments or security for package holidays, the statutory provisions remain unaffected. In the event of default of payment by the customer, the statutory provisions shall apply.

3.7 In justified cases, for example arrears of payment by the customer or extension of the scope of the contract, 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 remuneration even after conclusion of the contract until the beginning of the stay.

3.8 The hotel is also entitled to demand from the customer at the beginning and during the stay an appropriate advance payment or security within the meaning of paragraph 3.6 above for existing and future claims arising from the contract, unless such has already been made in accordance with paragraph 3.6 and/or paragraph 3.7 above.

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

4 Cancellation of the customer (cancellation, cancellation / non-use of the hotel services (No Show)

4.1 A withdrawal of the customer from the contract concluded with the hotel is only possible 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 approval of a termination of the contract shall be made in text form.

4.2 If an appointment for the free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract until then without triggering payment or compensation claims of the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal from the hotel by the agreed date.

4.3 If a right of withdrawal has not been agreed or has already expired, there is no statutory right of withdrawal or termination and if the 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 hotel shall take into account the income from other rental of the rooms as well as the expenses saved. If the rooms are not rented elsewhere, the hotel can flat-rate the 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 as well as for package arrangements with external services, 70% for half board and 60% for full board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise at the required amount.

5 Cancellation 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 requests from other customers for the rooms booked and the customer does not waive his right to withdraw from the contract upon request from the hotel with a reasonable period of time.

5.2 If an advance payment or security deposit agreed or required in accordance with Section 3.6 and/or Section 3.7 is not made even after expiry of a reasonable grace period set by the Hotel, the Hotel shall also be entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
– Force majeure or other circumstances beyond the control of the hotel make the performance of the contract impossible;
– rooms or rooms are booked culpably under misleading or false information or concealment of essential facts; the identity of the customer, the solvency or the purpose of the stay may be essential;
– the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth business operations, security or reputation of the hotel in public, without this being attributable to the control or organizational area of the hotel;
– the purpose or reason for the stay is unlawful;
– there has been a breach of the above-mentioned clause 1.2.

5.4 The justified withdrawal of the hotel does not give rise to any claim of compensation for damages by the customer.

6 Room provision, handover and return

6.1 The customer does not acquire any claim to the provision of certain rooms, unless this has been expressly agreed.

6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to an earlier deployment.

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. Thereafter, due to the delayed evacuation of the room, the hotel may charge 50% of the full accommodation price (list price) for its use beyond the contract until 6:00 p.m., from 6:00 p.m. 90%. Contractual claims of the customer are not justified by this. He is free to prove that the hotel has no or a significantly lower claim to a usage fee.

7 Liability of the hotel

7.1 The hotel is liable for damages for which it is responsible for injury to life, body or health. 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 violation of typical contractual obligations 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 stipulated in this clause 7. Should disturbances or defects occur in the services of the hotel, the hotel will endeavour to remedy the situation upon knowledge or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to him in order to rectify the fault and to minimize possible damage.

7.2 The hotel is liable to the customer in accordance with the statutory provisions for items brought in. The hotel recommends the use of the hotel or in-room safe. If the guest wishes to contribute 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 storage agreement with the hotel.

7.3 Insofar as a parking space is made available to the customer in the hotel garage or on the hotel car park, also for a fee, no custody contract is concluded. In the event of loss or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, the hotel shall only be liable in accordance with section 7.1, sentences 1 to 4 above.

7.4 Wake-up orders are carried out by the hotel with the utmost care. Messages, mail and consignments for guests are handled with care. The hotel will take care of the delivery, storage and, upon request, the return 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 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the customer are ineffective.

8.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for cheque and bill of exchange disputes – is the location of the hotel in commercial transactions. If a contractual partner fulfils the requirements of Section 38 paragraph 2 of the German Civil Code (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel under company law.

8.3 German law applies. The application of the UN Convention on Contracts for the Sale of Goods 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 all other respects, the statutory provisions shall apply.

As of December 2014

© Hotel Association Germany (IHA) e.V.

GO Trend GmbH Jürnweg 5 26215 Wiefelstede Germany . . . . . . . Phone: +49 (0)441 9611-0 Fax: +49 (0)441 9611-200

E-mail: info@trendhotel-ol.de www.trendhotel-ol.de Managing Director: Rüdiger Gloth, Dr. Christiane Heyn Commercial Register: Oldenburg HRB 120240 VAT ID: DE 117829947 State Savings Bank of Oldenburg Account 2345007 BLZ 280 501 00
IBAN: DE55 2805 0100 0002 3450 07 BIC: SLZODE22XXX