Imprint/General terms and conditions
Hotel and restaurant
ZERBERUS Vermögensverwaltungs GmbH
Ammerländer Heer Straße 364
Geschäftsführer : Hartwig Schmidt & Maximilian Hofmann
Am Hafen West 1–2
Telephone (0 49 74) 913-0
Fax (0 49 74) 913-21
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General Terms and Conditions for MINGERS Hotel and Restaurant
Represented by its managing director
I. SCOPE OF APPLICATION
1. These Terms and Conditions shall apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” includes the following terms: Accommodation contract, guest reception contract, hotel contract, hotel room contract.
2. The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation shall require the prior written consent of the hotel, whereby Section 540 (1) sentence 2 of the 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 expressly agreed in writing in advance.
II. CONCLUSION OF CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD
1. The contract shall be concluded by the hotel’s acceptance of the customer’s application. The hotel shall be at liberty to confirm the room reservation in text form.
2. The contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
3. All claims against the hotel shall become statute-barred one year after the statutory commencement of the limitation period. Claims for damages shall become statute-barred after five years, irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. SERVICES, PRICES, PAYMENT, SET-OFF
1. The hotel is obligated to provide the rooms booked by the customer and to render the agreed services.
2. The customer is obligated to pay the hotel’s agreed or applicable prices for the provision of the rooms and the other services used by the customer. This shall also apply to services and expenses of the hotel to third parties arranged by the customer. The agreed prices include the respective statutory value added tax.
3. 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 customer’s length of stay conditional upon an increase in the price for the rooms and/or for the hotel’s other services.
4. Invoices of the hotel without a due date are payable without deduction within 7 days of receipt of the invoice. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default in payment, the hotel shall be entitled to charge the respective applicable statutory default interest in the amount of currently 8% or, in the case of legal transactions involving a consumer, in the amount of 5% above the base interest rate. The hotel reserves the right to prove higher damages.
5. The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract in the form of a credit card guarantee, a down payment or similar. The amount of the advance payments and the payment dates may be agreed in writing in the contract. The statutory provisions shall remain unaffected in the case of advance payments or security deposits for package tours.
6. In justified cases, e.g. payment arrears on the part of the customer, the hotel shall be entitled, even after conclusion of the contract until the beginning of the stay, to demand an advance payment or security deposit within the meaning of No. 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
7. Furthermore, the hotel shall be entitled to demand from the customer a reasonable advance payment or security deposit within the meaning of No. 5 above for existing and future claims under the contract at the beginning and during the stay, insofar as such a deposit or security deposit has not already been provided in accordance with No. 5 and/or 6 above.
8. The customer may only set off or reduce a claim or exercise a right of retention against a claim of the hotel with a claim that is undisputed or legally enforceable.
IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION) / NON-UTILISATION OF THE HOTEL’S SERVICES (NO SHOW)
1. Cancellation by the customer of the contract concluded with the hotel requires the hotel’s written consent. If such consent is not given, the agreed price under the contract shall be payable even if the customer does not avail himself of contractual services. This shall not apply in the event of a breach of the hotel’s obligation to show consideration for the rights, legal assets and interests of the customer if the customer can no longer reasonably be expected to adhere to the contract as a result or if it is entitled to any other statutory or contractual right of withdrawal.
2. If the hotel and the customer have agreed in writing on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal shall lapse if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless a case of withdrawal by the customer pursuant to Clause IV, sentence 3 exists.
3. In the case of rooms are not used by the customer, the hotel shall offset the income from renting these rooms to other parties and the expenses saved. If the rooms are not let to other parties, the hotel may demand the contractually agreed remuneration and make a flat-rate deduction for the hotel’s saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board arrangements and 60% for full-board arrangements. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount demanded.
4. Cancellation is possible free of charge up to two weeks before departure.
V. CANCELLATION BY THE HOTEL
1. If it has been agreed in writing that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract during this period if there are enquiries from other customers about the contractually reserved rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel.
2. If an agreed advance payment or security deposit, or one required in accordance with Clause III (5) and/or (6) above, is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
3. Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if
– force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract
– rooms are booked under misleading or false statements of material facts, e.g. the person of the customer or the purpose of his/her stay
– the hotel has reasonable grounds to assume that the use of the hotel services may jeopardise the smooth operation of the business, the security or the reputation of the hotel in public without this being attributable to the hotel’s sphere of control or organisation
– there is a violation of the above-mentioned Item I No. 2.
4. In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.
VI. ROOM PROVISION, HANDOVER AND RETURN
1. The customer does not acquire any right to the provision of specific rooms.
2. Booked rooms are available to the customer from 14:00 on the agreed day of arrival. The customer has no right to earlier availability.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for late vacating of the room for use in excess of the contract until 6:00 p.m., and 100% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer shall be at liberty to prove that the hotel has not incurred any claim to a charge for use or that the claim is substantially lower.
VII. LIABILITY OF THE HOTEL
1. The hotel shall be liable for its obligations under the contract with the due care and diligence of a prudent businessman. Claims by the customer for damages are excluded. Excluded from this are damages arising from injury to life, body or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of duties typical of the contract by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or defects in the hotel’s services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable in order to remedy the disruption and minimise any possible damage.
2. The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of EURO 3,500, and for money, securities and valuables up to EURO 800. Money, securities and valuables may be stored in the room safe up to a maximum value of EURO 5,000. The hotel recommends making use of this possibility.
3. Insofar as a parking space is made available to the customer in the hotel garage or in a hotel car park, even for a fee, this shall not constitute a safekeeping contract. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property or their contents, except in the case of intent or gross negligence. Paragraph 1, sentences 2 to 4 above shall apply accordingly.
4. Wake-up calls shall be carried out by the hotel with the utmost care. Messages, mail and consignments of goods for the guests shall be handled with care. The hotel shall undertake the delivery, safekeeping and – on request – forwarding of the same against payment. Number 1 sentences 2 to 4 above shall apply accordingly.
VIII. FINAL PROVISIONS
1. Amendments or additions to the contract, the acceptance of the application or these general terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or supplements by the customer shall be ineffective.
2. Place of performance and payment is the registered office of the hotel.
3. The exclusive place of jurisdiction – also for cheque and bill of exchange transactions – in commercial transactions shall be the registered office of the hotel under company law. If a contracting party fulfils the prerequisite of § 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel under company law.
4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws shall be excluded.
5. Should individual provisions of these General Terms and Conditions for the Hotel Accommodation Contract be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.