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 Parkhotel Görlitz (hereafter called “Hotel”) to the customer in this context.
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 other than lodging purposes, whereby section 540, para. 1, sentence 2 German Civil Code (BGB) 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.
II. Conclusion of contract, parties, statute of limitations
1. The contract comes into effect on request from the customer through the acceptance by the hotel. The hotel is free to confirm the booking in writing.
2. 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 written form.
3. Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period. Damage claims shall be time-barred after five years, dependent on knowledge thereof, insofar as they are not based on claims arising out of harm inflicted on life, limb, physical health or liberty. These damage claims shall be time-barred after ten years, independent of knowledge thereof. The reduction of the statute of limitation periods shall not apply to claims which are based on an intentional or grossly negligent breach of obligation by the hotel.
III. Services, prices, payment, billing
1. The hotel is obligated to perform the services ordered by the customer and agreed to by the hotel.
2. The customer is obligated to pay the hotel the agreed prices for these and other services enlisted. This also applies for hotel services and expenses induced by it for third parties. The agreed prices include the current statutory VAT.
3. 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 of the price for the rooms and/or for the other services.
4. 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. 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 greater damage.
5. The hotel is entitled to require a reasonable advance payment or a security 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.
6. In justified cases, e.g. 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. 5 or an increase of the advance payment or a security 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 within the meaning of the above-mentioned No. 6 for existing and future accounts receivable 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, reduce or clear a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.
V. Withdrawal of the hotel
1.If an agreed advance payment or an advance payment or a security demanded pursuant to 3 No. 6 and/or No. 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. 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 fulfill- ment 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 jeop- ardize 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 1 No. 2. The justified withdrawal by the hotel constitutes no claims for damages for the customer.
VI. Room availability, delivery and return
1. The customer does not acquire any claim for the availability of a particular room.
2. Booked rooms are available to the customer from 15:00 on the day of arrival. The customer has no claim for earlier availability.
3. On the agreed day of departure, check-out is at 12:00 at the latest. After that time the hotel can charge 50 % of the agreed price of the room for the additional use of the room up until 18:00, and 100% from 18:00. 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.
VIII. Final provisions
1. Alterations and additions to the contract for accommodation and events are required to be in writing to be effective. Waiving the requirement of writing is also required to be in writing.
2. The place of fulfilment and payment is the registered office of the hotel.
3. The place where the hotel has its registered office is the exclusive jurisdiction for commercial issues. Provided that a party to the contract has fulfilled the requirements of § 38 para. 2 ZPO [Code of Civil Procedure] and has no general jurisdiction at in the country, the jurisdiction of the hotel’s registered office applies.
4. The law of the Federal Republic of Germany applies exclusively. The UN Convention on Contracts for the International Sale of Goods and provisions on conflict of laws does not apply.
5. Should individual provisions of the accommodation or event contract or individual provisions of these general terms and conditions for hotel accommodation and for holding events be or become ineffective, the effectiveness of the remaining provisions will remain unaffected by this. Moreover, the statutory provisions apply.