General Terms and conditions of the „Aktiv & Vital Hotel Thüringen“ for hotel accommodations as of April 27th 2017
1. The terms and conditions apply to contracts by way of lease of hotel rooms and apartments of the Aktiv & Vital Hotel Thüringen for accommodations as well as all in relation yielded services from the Aktiv & Vital Hotel Thüringen on behalf of the customer. (Hotel accommodation contract)
2. The sublease of the consigned rooms, the use of these rooms for other than lodging purposes, public invitations or other advertising measures for job interviews, sales and similar activities, meetings and the use of hotel properties outside of the leased rooms for the aforementioned activities and meetings require explicit approval of the Aktiv & Vital Hotel Thüringen and can be made dependent on additional payments. § 540 Abs. 1 Satz 2 BGB does not apply, provided that the customer is not the consumer.
3. Terms and conditions of the customer do only apply, when these have previously and explicitly been agreed upon.
II. Conclusion of contract; limitation
1. The contract becomes effective through the acceptance of the request of the customer. It is at liberty of the Aktiv & Vital Hotel Thüringen, to confirm bookings in written form.
2. The customer is obligated to give unsolicited notice to Aktiv & Vital Hotel Thüringen, in case that the use of the hotels service does not guarantee the trouble free execution of services and/or presents safety issues and jeopardize the reputation of the Aktiv & Vital Hotel Thüringen.
3. All claims towards the Aktiv & Vital Hotel Thüringen for damages and reimbursements are statute-barred after 12 months from beginn of the respective statutory limitation period. This does not take effect on damage compensation and other claims, if last are due to intentional or grossly negligent breaches of duty from side of the Aktiv & Vital Hotel Thüringen.
III. Services, Pricing, Payment, Compensation
1. The customer is obligated to pay the for lodging provided rooms and the through him claimed services. The prices comply with the in the contract agreed on prices of the Aktiv & Vital Hotel Thüringen. This also applies to services which are directly ordered by the customer or ordered and prepaid through the Aktiv & Vital Hotel Thüringen, which are then made available by third party service providers. These costs need to be reimbursed by the customer.
2. The agreed on prices are understood including the at the time of the conclusion of the contract, applying sales taxes and local regulations and fees. Not included are local fees which are regulated by local rights and are payable directly by the guest to the local authorities. These include fees like for example visitor’s tax. In the event of alterations of the local sales tax or new implementations, alteration or elimination of local fees on the ordered services after contract conclusion, prices will be adjusted accordingly. This only applies in contracts made with consumers, if the time between contract conclusion and contractual performance is not more than 4 months.
3. The Aktiv & Vital Hotel Thüringen can make its approval of the customer subsequently wishing to reduce the number of rooms, services provided by the hotel or the duration of stay, dependent on appropriate price increase in this case.
4. Did the parties decide upon invoice as method payment, then the payment - if not otherwise agreed upon - needs to be made within 10 days after the invoice has been received by the customer.
5. For each reminder, after the due date of the payment, the customer has to pay an additional late payment fee of 5,00 € to the Aktiv & Vital Hotel Thüringen. The customer has the right to prove that we have incurred no damage or the damage incurred is significantly less.
6. The Aktiv & Vital Hotel Thüringen is entitled to proper prepayment or security deposit, i.e. in form of a credit card guarantee. The amount of the prepayment and the due dates can be agreed upon in written or text form within the contract. In case of prepayment of security deposit for package tours the statutory provisions remain unaffected.
7. In justified cases, i.e. outstanding payments of the customer or extension of the articles of agreement, is the Aktiv & Vital Hotel Thüringen at right, even after contract conclusion up to the beginning of stay, to demand a prepayment or security deposit in sense of # 6 or the annulment of the in the contract concluded prepayment or security deposit up the full amount of the in the contract agreed payment.
8. The Aktiv & Vital Hotel is also at right, to demand a proper prepayment or security deposit at the beginning or during the stay of the customer in sense of # 6, as far as such hasn’t been already made in sense of # 6 and/or # 7.
9. The customer can only charge up against or clear an open claim of the Aktiv & Vital Hotel Thüringen only with an undisputable and rightful counter claim.
IV. Withdrawal by the customer / non-utilization of services of the Aktiv & Vital Hotel Thüringen
1. A withdrawal of the contract, with the Aktiv & Vital Hotel closed contract by the customer, is only possible, if the right to withdraw is still applicable or if the Aktiv & Vital Hotel Thüringen explicitly agrees to the cancelation of the contract. This agreement of the right to withdraw as well as the agreement of a contract cancelation has to be made in written form.
2. Has a date for the cost-free withdrawal or cancelation been agreed upon, can the customer cancel the contract free of charge up to that date. The right to withdraw of the customer expires when he does not exercise this right towards the Aktiv & Vital Hotel Thüringen up to the agreed upon deadline in written form.
3. Is a right to withdraw not agreed upon or already been expired, then the customer has lost the lawful right to exercise his right to withdraw from the contract. Unless the Aktiv & Vital Hotel agrees upon a cancelation of the contract, the Hotel has the right to the full amount agreed upon in the contract, even if the service is unclaimed. The Aktiv & Vital Hotel Thüringen has to take other revenues from rental of the rooms as well as saved cost and saved expenses into account. In case that the rooms cannot otherwise be rented out, the Aktiv & Vital Hotel Thüringen can charge the in the contract agreed upon fees and generalize the cost for saved expenses. In case of cancelations the following fees, with regard to the agreed on price of the ordered services, will be charged:
1) For bookings of 1 to 5 rooms:
a) Cancelations which are made 56 days (8 Weeks) prior to the arrival date are free of charge.
b) For cancelations made between 55 and 22 days prior to the arrival date, 10 % of the ordered services will be charged.
c) For cancelations made between 21 and 8 days prior to the arrival date, 20 % of the ordered services will be charged.
d) For cancelations made between 7 and 3 days prior to the arrival date, 40 % of the ordered services will be charged.
e) For cancelations made within 48 hours of the arrival date, 80 % of the ordered services will be charged.
2) For bookings of 6 or more rooms or of festivities or meetings:
a) Cancelations which are made 56 days (8 weeks) prior to the arrival date are free of charge.
b) For cancelations which are made between 55 and 22 days prior to the arrival date, will be charged with 30 % of the ordered services.
c) For cancelations which are made between 21 and 8 days prior to the arrival date, will be charged with 40 % of the ordered services.
d) For cancelations which are made within 7 days of the arrival date, will be charged with 80 % of the ordered services.
The customer is free to prove that the above mentioned claim did not result from the cancelation in the demanded amount.
V. Withdrawal of the Aktiv & Vital Hotel Thüringen, not allowed events
1. If contractually agreed upon, that the customer is able to cancel free of charge up to a certain date, the Aktiv & Vital Hotel Thüringen is also entitled, up to that date, to withdraw partially or completely from the contract, if other requests have been made for the contractually booked rooms and the customer, upon query of the Aktiv & Vital Hotel Thüringen, with an appropriate deadline, renounced his right to withdrawal from the contract. This applies in accordance of optional bookings, if other inquiries exist and the customer upon query of the Aktiv & Vital Hotel Thüringen with appropriate deadline is not willing to make a fixed booking.
2. Furthermore is the Aktiv & Vital Hotel Thüringen able to withdraw extraordinarily from the contract in case of factually justified reasons.
This applies in particular if:
• Higher power or other not represented by the Aktiv & Vital Hotel Thüringen circumstances do not make the fulfillment of the contract possible;
• Hotel services which were booked under misleading or false statements or secretly kept contract-essential facts. Contract-essential are facts like identity of the customer, his/her financial solvency or the purpose of the stay.
• The Aktiv & Vital Hotel Thüringen has reason to believe that the utilization of the hotel services endanger the trouble-free operation and/or the safety or the reputation of the Aktiv & Vital Hotel Thüringen without this being attributed domain or organizations of the Aktiv & Vital Hotel Thüringen.
• the purpose or the reason of the stay is against the law;
• a violation of article I # 2 takes place;
• An agreed upon or according to article III # 6 and/ # 7 demanded prepayment even after expiration of a, from the Aktiv & Vital Hotel Thüringen given grace period hasn’t been made.
3. Not authorized interviews, sales or similar events can the Aktiv &Vital Hotel Thüringen prevent from taking place or terminate.
4. The withdrawal or the prevention of an event by the Aktiv & Vital Hotel Thüringen according to # 3 above, does not entitle the customer to claims for compensation.
5. Should in case of a withdrawal according to # 2 above, a claim for compensation be made against the customer by the Aktiv & Vital Hotel Thüringen, so can the Hotel generalize the claim. Article IV # 3 line 3 – 6 apply in this case accordingly.
VI. Room provision, -delivery and –return
1. The customer gains no entitlement towards the provision of certain rooms, as far as this is not explicitly arranged.
2. Booked rooms are available to the customer from 2:00 PM on the arranged arrival date. The customer has no entitlement to earlier availability of the rooms. Unless a later arrival time has been arranged or the rooms in question have been prepaid, the Aktiv & Vital Hotel Thüringen has the right to give away booked rooms after 6:00 PM, without the customer being able to raise a claim out of this towards the hotel. An obligation to other assignment does not apply.
3. On the arranged departure date are the rooms of the Aktiv & Vital Hotel Thüringen to be cleared no later than 11:00 AM. After this time the Aktiv & Vital Hotel Thüringen is entitled to charge 50 % of the room’s regular rate due to delayed clearance up until 6:00 PM. After 6:00 PM the hotel is entitled to charge at least 90 % of the room’s regular rate. Contractual claims for the customer do not arise. The customer is free to prove that no or a significant lower claim for user charges for the hotel accrued.
VII. Liability of the Aktiv & Vital Hotel Thüringen
1. The Aktiv & Vital Hotel Thüringen is liable for through it caused damages resulting out of injury or violation of life, body or health. Furthermore is the hotel liable for other losses/damages which are due to intentional or grossly negligent breach of duty of the Aktiv & Vital Hotel Thüringen and damages/losses due to intentional or negligent violation of contractually typical duties of the hotel. Contractually typical duties are such duties which enable the proper execution of the contract and in which the customer relies on and can trust in. A breach of duty of the hotel is equally to that of a legal representative or subcontractor. Further claims for compensation are, so far as in article VII not otherwise regulated, excluded. Should disruptions or defects within the service of the Aktiv & Vital Hotel Thüringen appear, will the hotel upon knowledge or immediate rebuke of the customer be eager to ensure remedial action. The customer is obligated to contribute to take care of the disruption in a reasonable manner to keep damages/losses as minimal as possible. Apart from that, is the customer obligated to inform the Aktiv & Vital Hotel Thüringen in a timely manner about the possibility of the development of an extraordinary high damage or loss.
2. The Aktiv & Vital Hotel Thüringen is liable according to legal requirements for items brought by the customer. We do recommend using the hotel safe. If the customer wants to bring in cash money, bonds and/or other valuables in total value higher than 800,00 € or other valuable items with a total value higher than 3500,00 €, a separate custody agreement with the Aktiv & Vital Hotel is required.
3. Left behind items of the customer will only be returned at the customers own asking, risk and cost. The Aktiv & Vital Hotel Thüringen will keep left behind items for a total period of 3 months. After this time, items with an apparent value will be kept at our
lost-and-found office. Does the lost-and-found office reject the items, then the items will be kept for another 9 months at the Aktiv & Vital Hotel Thüringen. After this time the items will be utilized or destroyed. The Aktiv & Vital Hotel Thüringen can be held liable according to # 1 line 1 - 5.
4. Is the customer provided with a parking space on hotel property or in a hotel garage (fees apply accordingly), a safekeeping contract does not automatically come about. There is no supervisory or monitoring obligation of the Aktiv & Vital Hotel Thüringen. In case of loss or damage of in the process of parking or parked vehicles and their contents, the Aktiv & Vital Hotel Thüringen is only liable according to # 1 line 1-5. Possible damages are to be reported immediately.
5. Wake-up calls if done by the Aktiv & Vital Hotel Thüringen are made with the most of care. Messages, mail and shipments for guests are handled with most care. The Aktiv & Vital Hotel Thüringen takes care of delivery, storage (in case of shipments only with prior consultation) and - if whished - forwarding of such (fees apply). The Aktiv & Vital Hotel Thüringen is held liable according to # 1 line 1-5 accordingly.
VIII. Final clauses
1. Modifications or additions of the contract or these general terms require to be made in text form. Unilateral modifications or additions by the customer are invalid.
2. Place of delivery and payment in commercial dealings is the Aktiv & Vital Hotel Thüringen.
3. Place of jurisdiction in commercial dealings is - even with regard to disputes for drafts and cheques - Schmalkalden. The Aktiv & Vital Hotel Thüringen can sue the customer either at his location or at the location of the Aktiv & Vital Hotel Thüringen. The same applies if the customer does not have a place of jurisdiction in Germany and the prerequisite of § 38 Abs. 2 ZPO applies.
4. German law applies. The implementation of UN-Purchase right and the conflict of laws are excluded.
5. Should individual regulations of the general terms be or will be ineffective or void, then the effectiveness of all other terms and regulations remain untouched. Apart from that, statutory conditions apply.