Terms and Conditions

Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT / T&Cs

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 provided by the hotel for 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 further rental of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form.

1.3 The customer’s general terms and conditions expressly do not apply.

2 CONCLUSION OF CONTRACT, CONTRACT PARTNER, LIMITATION PERIOD

2.1 The contracting parties are the hotel and the customer. The contract is concluded through the acceptance of the guest and the acceptance of the hotel.

2.2 All claims against the hotel generally expire within one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims, provided 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 agreed or applicable prices of the hotel for the room and the other services used by the customer. This also applies to services ordered by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel.

3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. They do not include local charges that the guest is liable to pay under the respective local law, such as tourist tax. If the statutory sales tax changes or local charges on the service object are introduced, changed or abolished after the contract has been concluded, 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 contract fulfillment exceeds four months.

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

3.5 Hotel invoices without a due date are payable within ten days of receipt of the invoice without deduction. The hotel can demand immediate payment of outstanding amounts from the customer at any time. If the customer defaults on payment, the statutory provisions apply. The hotel reserves the right to prove that the damage is greater.

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

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

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 deposit within the meaning of the above clause 3.6 for existing and future claims arising from the contract, provided that such payment has not already been made in accordance with the above clause 3.6 and/or clause 3.7.

3.9 The customer may only offset or set off a claim against a claim of the hotel if it is undisputed or legally binding.

4 CUSTOMER WITHDRAWAL (CANCELLATION)/ FAILURE TO USE HOTEL SERVICES (NO SHOW)

4.1 The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal was expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract in writing. The agreement of a right of withdrawal and any consent to the cancellation of the contract must each be made in text form.

4.2 If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract up to that date without triggering any payment or compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.

4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and 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 must take into account the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not rented to other parties, the hotel can make a lump sum deduction for saved expenses. In this case, the customer is obliged to pay at least a) up to 40 days before arrival - free of charge; b) 39 - 30 days before arrival 30% of the agreed prices; c) 29 - 14 days before arrival 45% of the agreed prices; d) 13 - 0 days before arrival 80% of the agreed prices.

5 CANCELLATION BY 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 other customers request the contractually booked rooms and the customer does not waive his right of withdrawal when asked by the hotel within a reasonable period of time.

5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and/or Section 3.7 is not made even after the 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 for good cause, in particular if - force majeure or other circumstances beyond the hotel's control make the fulfillment of the contract impossible; - rooms or spaces are booked negligently using misleading or false information or by concealing essential facts; - the purpose or reason for the stay is unlawful; - there is a violation of the above-mentioned paragraph 1.2.

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

6 ROOM AVAILABILITY, HANDOVER AND RETURN

6.1 The customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed.

6.2 Booked rooms are available to the customer from 2:00 p.m. on the agreed arrival day. The customer has no right to earlier availability.

6.3 On the agreed departure day, the rooms must be vacated and made available to the hotel by 10:30 a.m. at the latest. After that, the hotel can charge 50% of the full accommodation price (list price) for use of the room beyond the contractual time from 10:30 a.m. to 3:00 p.m., and 100% from 3:00 p.m. onwards. This does not give rise to any contractual claims on the part of the customer. The customer is free to prove that the hotel has no or a significantly lower claim to usage fees.

7 LIABILITY OF THE HOTEL

7.1 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. If the guest wishes to bring in 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.

7.2 If the customer is provided with a parking space in the hotel garage or on the hotel car park, even for a fee, this does not constitute a storage contract. The hotel is not liable for any loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents.

8 FINAL PROVISIONS

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

8.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes regarding checks and bills of exchange – in commercial transactions is the city of Fulda.

8.3 German law applies. The application of the UN Convention on Contracts for the International 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. Otherwise, the statutory provisions shall apply.

Fulda, 01 January 2016

HOTEL CENTRAL FULDA
Owner: Steffen Ackermann
Heinrichstrasse 38-40
36037 Fulda