GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT

Santos Hospitality GmbH
Karlstrasse 67-69
76137 Karlsruhe

 

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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 other services and supplies provided by the hotel to the customer in this context (hotel accommodation contract). They do not apply to package tours within the meaning of § 651a of the German Civil Code (BGB). The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
1.2 Subletting or re-renting the rooms provided, as well as their use for purposes other than accommodation, requires the prior consent of the hotel in text form, whereby the right to terminate in accordance with § 540 paragraph 1 sentence 2 BGB is excluded.
1.3 General terms and conditions of the customer only apply if this has been expressly agreed in text form.

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2 CONCLUSION OF CONTRACT, CONTRACTING PARTNER
The contracting partners are the hotel and the customer. The contract is concluded by the hotel's acceptance of the customer's application. In the event of a booking through the hotel's own website, the contract is concluded by clicking the "BOOK" button.

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3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obliged to make the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the rooms and any additional services used by them. This also applies to services commissioned by the customer directly or through the hotel, which are provided by third parties and advanced by the hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time of contract conclusion. Not included are local charges that are owed by the guest under the respective municipal law, such as a tourist tax. In the event of a change in the statutory value-added tax or the introduction, change, or abolition of local charges on the service object after the conclusion of the contract, the prices will be adjusted accordingly. In contracts with consumers, this only applies if the period between the conclusion of the contract and its fulfillment exceeds four months.

3.4 If payment by invoice has been agreed, the payment – subject to any differing agreement – must be made within ten days of receipt of the invoice without deduction.
3.5 The hotel is entitled, at the time of contract conclusion, to request an appropriate advance payment or security from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed upon in the contract in text form. In the event of the customer's default in payment, the statutory provisions shall apply.
3.6 In justified cases, for example due to the customer's arrears in payment or an extension of the contract scope, the hotel is entitled, even after the contract has been concluded and up to the start of the stay, to request an advance payment or security in the sense of the preceding clause 3.5, or to increase the advance payment or security agreed in the contract up to the full agreed remuneration.

3.7 Furthermore, the hotel is entitled, at the beginning and during the customer’s stay, to request a reasonable advance payment or security deposit within the meaning of the above Section 3.5 for existing and future claims arising from the contract, insofar as such has not already been provided pursuant to the above Sections 3.5 and/or 3.6.
3.8 The customer may only offset or deduct against a claim of the hotel with a claim that is undisputed or legally binding.
3.9 The customer agrees that the invoice can be sent to him electronically.

4 CANCELLATION/TERMINATION BY THE CUSTOMER ("CANCELLATION") / NON-USE OF THE HOTEL’S SERVICES ("NO SHOW")
4.1 A unilateral termination of the contract concluded with the hotel by the customer is only possible if a right of withdrawal is expressly agreed in the contract or a statutory right of withdrawal or termination exists.
4.2 If an appointment for a free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract until then without triggering payment or compensation claims of the hotel. The customer's right of withdrawal expires if they do not exercise it in text form to the hotel by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired and no statutory right of withdrawal or termination exists, the hotel retains the claim to the agreed remuneration despite non-use of the service. The hotel has to offset the income from alternative rental of the rooms as well as the saved expenses. If the rooms are not rented to others, the hotel may standardize the deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight stays with or without breakfast, as well as for package arrangements with third-party services, 70% for half-board arrangements, and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim has not arisen or has not arisen to the demanded extent.

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5 HOTEL'S WITHDRAWAL

5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is, in turn, entitled to withdraw from the contract during this period if requests from other customers for the contractually booked rooms exist and the customer does not waive their right of withdrawal by responding to the hotel's inquiry within a reasonable period. This applies correspondingly in the case of granting an option if there are other requests and the customer is not willing to make a firm booking in response to the hotel's inquiry within a reasonable period. 

5.2 If an advance payment or security deposit agreed upon or requested in accordance with clauses 3.5 and/or 3.6 is not made even after the expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to withdraw from the contract for cause, in particular if:
- force majeure or other circumstances beyond the hotel's control make performance of the contract impossible;

- rooms or premises are booked culpably under misleading or false pretenses or by withholding material facts; material facts may include the customer's identity, solvency, or purpose of stay;

- the hotel has reasonable grounds to believe that the use of the services may jeopardize the smooth operation of the business, the safety, or the public image of the hotel, without this being attributable to the hotel's sphere of control or organization;

- the purpose or reason for the stay is unlawful;

- there is a breach of clause 1.2 above. 5.4 The hotel's justified cancellation does not entitle the customer to compensation. Should the hotel have a claim for damages against the customer in the event of cancellation pursuant to sections 5.2 or 5.3 above, the hotel may charge a lump sum. Section 4.3 applies accordingly in this case.

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6 ROOM AVAILABILITY, CHECK-IN AND CHECK-OUT
6.1 The customer is not entitled to the provision of specific rooms unless this has been expressly agreed upon in writing.

6.2 Booked rooms are available to the customer from 4:00 p.m. on the agreed arrival date. The customer is not entitled to earlier access.

6.3 On the agreed departure date, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. If the room is not vacated by the agreed time, the hotel may charge 50% of the full room rate (price according to the price list) for its use beyond the agreed time until 6:00 p.m., and 90% thereafter. This does not establish any contractual claims for the customer. The customer is free to prove that the hotel has incurred no loss or a significantly lower loss due to the extended use of the room.

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7 HOTEL LIABILITY

7.1 The hotel is liable for damages resulting from injury to life, body, or health caused by its own negligence. Furthermore, it is liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel, or from an intentional or negligent breach of essential contractual obligations. Essential contractual obligations are those obligations that are necessary for the proper performance of the contract and on whose fulfillment the customer relies and is entitled to rely. A breach of duty by the hotel is equivalent to a breach of duty by its legal representatives or agents. Further claims for damages are excluded, unless otherwise stipulated in this clause 7. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation upon becoming aware of it or upon receiving immediate notification from the customer. The customer is obligated to contribute what is reasonable to resolve the disruption and minimize any potential damage.

7.2 The hotel is liable to the customer for items brought onto the premises in accordance with statutory provisions. The hotel recommends using the hotel or room safe. If the customer wishes to bring in cash, securities, or valuables with a value exceeding €800, or other items with a value exceeding €3,500, a separate safekeeping agreement with the hotel is required.

7.3 The provision of a parking space in the hotel garage or on the hotel parking lot, even for a fee, does not constitute a safekeeping agreement. In the event of loss or damage to motor vehicles parked or moved on the hotel premises and their contents, the hotel is liable only in accordance with the provisions of section 7.1, sentences 1 to 4 above.

7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages for guests are handled with care. Upon prior arrangement with the guest, the hotel may accept, store, and—upon request and for a fee—forward mail and packages. The hotel is liable in this respect only in accordance with the provisions of section 7.1, sentences 1 to 4 above.

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8 FINAL PROVISIONS

8.1 Amendments and additions to the contract, the acceptance of the application, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions are invalid.

8.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction is Karlsruhe. Alternatively, the hotel may also bring legal action against the customer at the customer's place of business. The same applies to customers not covered by sentence 1 if they do not have their registered office or residence in an EU member state.

8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.