General Terms and Conditions for the Hotel Accommodation Contract (AGBH 8.0) per IHA

AKZENT Hotel Bavaria Oldenburg
Operator „Hotel Bavaria“ GmbH
represented by Thomas Mühlau, Managing Director
Bremer Heerstr. 196, 26135 Oldenburg
Commercial Register: HRB 3607, Register Court: Amtsgericht Oldenburg
VAT ID: DE242407855
Tel. +49 (0) 441 / 206700 | E-mail: info@hotel-bavaria-ol.de

Courtesy translation – provided for convenience only. In the event of any discrepancy, the German original (AGBH 8.0) is the sole binding and legally authoritative version.

1 Scope of Application

1.1 These Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation purposes as well as all further services and supplies provided by the hotel to the customer in this connection (Hotel Accommodation Contract). The term „Hotel Accommodation Contract“ covers and replaces the following terms: lodging contract, guest accommodation contract, hotel contract, 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 Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer within the meaning of Section 13 BGB.

1.3 The customer’s general terms and conditions apply only if this has been expressly agreed in text form in advance.

2 Conclusion of Contract, Contracting Parties, Limitation Period

2.1 The contracting parties are „Hotel Bavaria“ GmbH („the hotel“) and the customer. The contract is concluded upon the hotel’s acceptance of the customer’s offer. The hotel is free to confirm the room booking in text form.

2.2 As a matter of principle, all claims against the hotel become time-barred one year after the statutory commencement of the 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 obliged to pay the hotel’s agreed or applicable prices for the provision of the room and the further services used. This also applies to services arranged by the customer directly or through the hotel that are rendered by third parties and paid for in advance by the hotel.

3.3 The agreed prices include the taxes and local levies applicable at the time the contract is concluded. Local levies owed by the guest themselves under the respective municipal law, such as visitor’s tax (Kurtaxe), are not included. In the event of a change in statutory VAT or the introduction, amendment or abolition of local levies on the subject of the service after conclusion of the contract, the prices shall be adjusted accordingly. For contracts with consumers, this applies only if the period between conclusion of the contract and performance of the contract exceeds four months.

3.4 The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel’s services or the duration of the customer’s stay conditional upon a reasonable increase in the price for the rooms and/or the hotel’s other services.

3.5 Hotel invoices are due for payment immediately upon receipt, without deduction. Where payment by invoice has been agreed, payment shall – subject to any deviating agreement – be made within ten days of receipt of the invoice, without deduction.

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

3.7 In justified cases, for example where the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract and up to the beginning of the stay, to demand an advance payment or security within the meaning of Clause 3.6 above, or to demand an increase of the advance payment or security agreed in the contract up to the full agreed remuneration.

3.8 The hotel is furthermore entitled to demand from the customer, at the beginning of and during the stay, a reasonable advance payment or security within the meaning of Clause 3.6 above for existing and future claims arising from the contract, insofar as such has not already been provided pursuant to Clause 3.6 and/or Clause 3.7 above.

3.9 The customer may only set off or net a claim against a claim of the hotel where the customer’s claim is undisputed or has been established by a final and binding court decision.

3.10 The customer agrees that the invoice may be transmitted to them electronically.

4 Vouchers

4.1 Vouchers can be redeemed during the hotel’s booking process.

4.2 Vouchers and any remaining balance can be redeemed until the end of the third year following the year of voucher purchase.

4.3 Vouchers can only be redeemed before completion of the ordering process. Subsequent crediting is not possible. Only one voucher can be redeemed per order.

4.4 Vouchers can only be used for the purchase of goods and not for the purchase of further vouchers. Voucher credit is neither paid out in cash nor subject to interest.

4.5 The voucher is transferable. The seller may render performance to the respective holder with discharging effect. This does not apply where the seller has knowledge, or is grossly negligently unaware, of the respective holder’s lack of entitlement, lack of legal capacity or lack of authority to represent. Vouchers issued by the hotel as goodwill (e.g. for competitions, raffles, etc.) may not be resold by the respective holder; otherwise they lose their validity.

5 Withdrawal by the Customer: Cancellation, Non-Use of the Hotel’s Services (No Show)

5.1 A withdrawal by the customer from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, if a statutory right of withdrawal exists, or if the hotel expressly consents to the cancellation of the contract.

5.2 Where a date for free-of-charge withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering payment or compensation claims by the hotel.

5.3 If no right of withdrawal has been agreed or such right has already expired, if there is also no statutory right of withdrawal or termination, and if the hotel does not consent to a cancellation of the contract, the hotel retains its claim to the agreed remuneration despite non-use of the service. The hotel must credit the income from otherwise letting the rooms as well as the expenses saved. If the rooms are not let to others, the hotel may calculate the deduction for saved expenses on a flat-rate basis. In this case the customer is obliged to pay 90% of the contractually agreed price for overnight stay with or without breakfast, as well as for package arrangements including third-party services, 70% for half-board arrangements and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise, or did not arise in the amount demanded.

6 Withdrawal by the Hotel

6.1 Where it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is, during this period, likewise entitled to withdraw from the contract if there are inquiries from other customers regarding the contractually booked rooms and the customer, when asked by the hotel and given a reasonable deadline, does not waive their right of withdrawal. This applies accordingly where an option has been granted, if there are other inquiries and the customer, when asked by the hotel and given a reasonable deadline, is not prepared to make a firm booking.

6.2 If an advance payment or security agreed or demanded pursuant to Clause 3.6 and/or Clause 3.7 is not provided even after a reasonable grace period set by the hotel has elapsed, the hotel is likewise entitled to withdraw from the contract.

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

• force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible;
• rooms or premises are booked culpably with misleading or false statements or with the concealment of material facts; material aspects may include the identity of the customer, solvency, or the purpose of the stay;
• the hotel has justified reason to assume that use of the service may jeopardise the smooth operation of the business, the security or the public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organisation;
• the purpose or occasion of the stay is unlawful;
• there is a breach of Clause 1.2 above.

6.4 A justified withdrawal by the hotel does not give rise to any claim by the customer for damages.

7 Provision, Handover and Return of Rooms

7.1 The customer does not acquire any claim to the provision of specific rooms unless this has been expressly agreed in text form.

7.2 Booked rooms are available to the customer from 2:00 p.m. on the agreed arrival day. The customer has no claim to earlier provision.

7.3 On the agreed departure day, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After that, the hotel may, on account of the delayed vacating of the room, charge 50% of the full lodging price (price according to the price list) for its use beyond the contract until 4:00 p.m., and 90% from 4:00 p.m. onward. This does not establish any contractual claims for the customer. The customer is free to prove that the hotel incurred no claim, or a substantially lower claim, for a usage fee.

8 Liability of the Hotel

8.1 The hotel is liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, it is liable for other damages based on an intentional or grossly negligent breach of duty by the hotel, or on an intentional or negligent breach of duties typical of the contract by the hotel. Duties typical of the contract are those duties that make the proper performance of the contract possible in the first place and on the fulfilment of which the customer relies and may rely. 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 governed in this Clause 8. Should disruptions or defects in the hotel’s services occur, the hotel will endeavour to provide a remedy upon becoming aware of them or upon the customer’s immediate complaint. The customer is obliged to contribute what is reasonable to remedy the disruption and to keep any possible damage to a minimum.

8.2 The hotel is liable to the customer for items brought in in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. Insofar as the customer wishes to bring in money, securities and valuables with a value of more than EUR 800, or other items with a value of more than EUR 3,500, this requires a separate safekeeping agreement with the hotel.

8.3 Insofar as a parking space in the hotel garage or hotel car park is made available to the customer, even for a fee, this does not constitute a safekeeping contract. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel premises, and their contents, the hotel is liable only in accordance with Clause 8.1, sentences 1 to 4 above.

8.4 Wake-up calls are carried out by the hotel with the utmost care. Messages for customers are handled with care. The hotel may, by prior arrangement with the customer, undertake the receipt, safekeeping and – on request, for a fee – the forwarding of mail and consignments of goods. The hotel is liable in this respect only in accordance with Clause 8.1, sentences 1 to 4 above.

9 Final Provisions

9.1 Amendments and supplements to the contract, the acceptance of the offer or these General Terms and Conditions should be made in text form. Unilateral amendments or supplements are invalid.

9.2 The place of performance and payment, as well as the exclusive place of jurisdiction – including for disputes relating to cheques and bills of exchange – in commercial dealings is the location of the hotel. Insofar as the customer meets the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the registered office of the hotel under company law applies as the place of jurisdiction.

9.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

9.4 The hotel is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.