General Terms and Conditions
1 SCOPE OF APPLICABILITY
1.1 These Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). They do not apply to package tours within the meaning of § 651a BGB. The term "hotel accommodation contract" includes and replaces the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
1.2 The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby the right of termination pursuant to Section 540 (1) sentence 2 BGB is waived.1.3 General terms and conditions of the customer shall only apply if this has been expressly agreed in text form.
2 CONCLUSION OF CONTRACT, PARTNERS
The contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer's application by the hotel. In the case of bookings via the hotel's own homepage, the contract is concluded by clicking on the button "BOOK WITH OBLIGATION TO PAY".
3 SERVICES, PRICES, PAYMENT, INVOICE
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 provision of the room and the other services used by him. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and disbursed 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 taxes that are owed by the guest according to the respective municipal law, such as visitor's tax.
In the event of a change in the statutory value added tax or the introduction, change or abolition of local levies on the subject matter of the service after conclusion of the contract, the prices shall be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion and fulfillment of the contract exceeds four months.
3.5 The hotel is entitled to demand a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in text form in the contract. The statutory provisions shall apply if the customer is in default of payment.
3.6 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel shall be entitled, even after conclusion of the contract up to the start of the stay, to demand an advance payment or security deposit within the meaning of Section 3.5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.3.7 Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit within the meaning of the above Section 3.5 from the customer at the beginning and during the stay for existing and future claims arising from the contract, insofar as such has not already been made in accordance with the above Section 3.5 and/or Section 3.6.
3.8 The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the hotel.
3.9 The customer agrees that the invoice may be sent to him electronically.
3.10 Deimann Premium Card, Early Booking Bonus, Romantic Card and other advantage cards cannot be combined with each other; only one advantage system is valid per stay. Advantage cards cannot be used for designated holiday arrangements, social events and conferences. Advantage systems are only valid at Hotel Deimann.
4 CANCELLATION ("CANCELLATION") OF THE CUSTOMER/NON-ACCEPTANCE OF THE HOTEL'S SERVICES ("NO SHOW")
4.1 Unilateral termination by the customer of the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract or if a statutory right of withdrawal or termination exists.
4.2 If the hotel and the customer have agreed on a date for a cost-free withdrawal from the contract, 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 expire if he does not exercise it in text form vis-à-vis the hotel by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired and there is also no statutory right of withdrawal or termination, the hotel shall retain the claim to the agreed remuneration despite non-utilization of the service. The hotel must offset the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast and for package arrangements with third-party services, 70% for half-board 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 claimed.5 WITHDRAWAL BY THE HOTEL5.1 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 there are inquiries from other customers about the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel with a reasonable deadline. This shall apply accordingly if an option is granted, if other inquiries are received and the customer is not prepared to make a firm booking 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 3.5 and/or Section 3.6 is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
- rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the customer, solvency or the purpose of the stay;- the hotel has justified cause to believe that the use of the service may jeopardize the smooth operation, security or public reputation 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 section 1.2 above;
5.4 The justified withdrawal of the hotel does not constitute a claim for damages on the part of the customer. Should the hotel have a claim for damages against the customer in the event of a withdrawal in accordance with the above clause 5.2 or 5.3, the hotel may charge a lump sum. Clause 4.3 shall apply accordingly in this case.
6 ROOM PROVISION, RETURN AND RETURN6.1 The customer shall not acquire any entitlement to the provision of specific rooms, unless this has been expressly agreed in text form.
6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability. The SPA area may be used from 14:00 on the day of arrival.
6.3 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 (price according to the price list) for the late vacating of the room for its use in excess of the contract until 6:00 p.m., and 90% from 6:00 p.m. onwards. This shall 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 a usage fee.
7 LIABILITY OF THE HOTEL
7.1 The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages which are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations of the hotel. Typical contractual obligations are those obligations which make the proper execution of the contract possible in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded, unless otherwise regulated in this clause 7. Should disruptions or defects in the hotel's services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.
7.2 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer 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.7.3 If the customer is provided with a parking space in the hotel garage or on the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall only be liable in accordance with the above Section 7.1, sentences 1 to 4.
7.4 Wake-up calls shall be carried out by the hotel with the utmost care.
Messages for customers are handled with care. After prior consultation with the customer, the hotel may accept, store and - upon request - forward mail and consignments of goods for a fee. The hotel shall only be liable in accordance with the above Section 7.1, sentences 1 to 4.
8 FINAL PROVISIONS
8.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. 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 Alte Handelsstr.5, 57392 Schmallenberg. However, the hotel may also choose to sue the customer at the customer's place of business. The same applies to customers who do not fall under sentence 1 if they do not have their registered office or place of residence in a member state of the EU.
8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.8.4 In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes ("ODR platform"): ec.europa.eu
However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.
1 SCOPE OF APPLICABILITY
1.1 These terms and conditions apply to contracts for the rental of conference, banquet and event rooms of the hotel for the organization of events such as banquets, seminars, conferences, exhibitions and presentations etc. as well as all other services and deliveries provided by the hotel for the customer in this context.
1.2 The subletting or re-letting of the rooms, areas or showcases provided as well as invitations to job interviews, sales or similar events require the prior consent of the hotel in text form, whereby the right of termination pursuant to § 540 para. 1 sentence 2 BGB is waived.
1.3 General terms and conditions of the customer shall only apply if this has been expressly agreed in text form.
2 CONCLUSION OF CONTRACT, PARTNERS, LIABILITY
2.1 The contractual partners are the hotel and the customer. The contract shall come into effect upon acceptance of the customer's application by the hotel. The hotel shall be free to confirm the booking of the event in text form.
2.2 The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages which are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations by the hotel. Typical contractual obligations are those obligations which make the proper execution of the contract possible in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Any further claims for damages, unless otherwise regulated in clause 9, are excluded. Should disruptions or defects occur in the hotel's services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage. Furthermore, the customer is obliged to inform the hotel in good time of the possibility of the occurrence of exceptionally high damages.
3.1 The hotel is obliged to provide the services ordered by the customer and promised by the hotel.
3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for these and other services used. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel. In particular, this also applies to claims of copyright collecting societies.
3.3 If a minimum turnover has been agreed and this is not achieved, the hotel may demand 60% of the difference as loss of profit, unless the customer proves lower damages or the hotel proves higher damages.
3.4 The agreed prices include the taxes applicable at the time of conclusion of the contract.
In the event of a change in the statutory value added tax after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion of the contract and fulfillment of the contract exceeds four months.
3.5 If payment on account has been agreed, payment must be made - unless otherwise agreed - within ten days of receipt of the invoice without deduction.
3.6 The hotel is entitled to demand a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In the event of default in payment by the customer, the statutory provisions shall 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 shall be entitled, even after conclusion of the contract up to the start of the event, to demand an advance payment or security deposit within the meaning of the above Section 3.6 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.8 The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the hotel.
3.9 The customer agrees that the invoice may be sent to him electronically.
3.10 All our prices are subject to extraordinary, currently unforeseeable cost developments.
4 CUSTOMER WITHDRAWAL (CANCELLATION, CANCELLATION)
4.1 The customer may only unilaterally withdraw from the contract concluded with the hotel free of charge if a right to withdraw from the contract free of charge has been expressly agreed in the contract or if a statutory right to withdraw free of charge exists.
4.2 If a date for free 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 incurring payment or damage compensation claims by the hotel. The customer's right of withdrawal shall expire if he does not exercise this right in text form vis-à-vis the hotel by the agreed date.
4.3 If a right of withdrawal pursuant to 4.1 has not been agreed or has already expired and there is also no statutory right to withdraw from the contract free of charge, the hotel shall retain the claim to the agreed remuneration pursuant to Sections 3.3, 4.4, 4.5 and 4.6 despite non-utilization of the service. The hotel must offset the income from other rentals as well as the saved expenses. The expenses saved in each case may be calculated as a lump sum, in the case of individually listed rental prices in the amount of 10%, otherwise in accordance with Clauses 3.3, 4.4, 4.5 and 4.6. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen.
4.4 If the customer only withdraws from the 60th day before the date of the event, the hotel is entitled to charge the agreed rental price (less any income or expenses saved in accordance with 4.3 sentence 2) as well as the services disbursed in accordance with clause 3.2 sentence 2 and/or an agreed minimum turnover in accordance with clause 3.3, 35% of the lost consumption turnover, from the 30th day 60% and from the 10th day 85% of the consumption turnover. In the case of events lasting several days, the first day of the event shall be decisive for the calculation of the deadline. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen.
4.5 The calculation of the consumption turnover is based on the formula Agreed menu price plus drinks x number of participants. If no price has yet been agreed for the menu, the cheapest 3-course menu of the respective valid event offer shall be used as a basis. Drinks shall be charged at one third of the menu price.
4.6 If a conference flat rate per participant has been agreed, the hotel shall be entitled to charge 60% of the conference flat rate x agreed number of participants in the event of cancellation from the 60th day before the event date, 75% in the event of cancellation from the 30th day and 85% from the 10th day. In the case of events lasting several days, the first day of the event shall be decisive for the calculation of the deadline. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen.
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 there are inquiries from other customers about the contractually booked event rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel with a reasonable deadline. This shall apply accordingly if an option is granted, if other inquiries are received and the customer is not prepared to make a firm booking upon inquiry by the hotel within a reasonable period of time.
5.2 If an advance payment or security deposit agreed or demanded in accordance with Section 3.6 and/or Section 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
- events or rooms are culpably booked with misleading or false information or concealment of material facts; The identity of the customer, solvency or the purpose of the stay may be material;
- the hotel has reasonable grounds to believe that the event may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization;
- the hotel has reasonable grounds to believe that the event may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization.
- the purpose or occasion of the event is unlawful;
- there is a violation of Section 1.2.
5.4 The justified withdrawal of the hotel does not constitute a claim for damages by the customer. Should the hotel have a claim for damages against the customer in the event of a withdrawal in accordance with the above clause 5.2 or 5.3, the hotel may charge a lump sum. Sections 4.3 to 4.6 shall apply accordingly in this case.
6.1 An increase in the number of participants by more than 5% must be notified to the hotel no later than five working days before the start of the event; it requires the hotel's consent, which shall be given in text form. Billing shall be based on the actual number of participants, but at least 95% of the agreed higher number of participants. If the actual number of participants is lower, the customer has the right to reduce the agreed price by the additional expenses saved due to the lower number of participants, which the customer must prove.
6.2 A reduction in the number of participants by more than 5% should be communicated to the hotel in good time, at the latest five working days before the start of the event. Invoicing shall be based on the actual number of participants, but at least 95% of the ultimately agreed number of participants. Section 6.1 sentence 3 shall apply accordingly.
6.3 If the number of participants is reduced by more than 10%, the hotel shall be entitled to exchange the confirmed rooms, taking into account any deviating room rental, unless this is unreasonable for the customer.
6.4 If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge a reasonable amount for the additional readiness to perform, unless the hotel is at fault.
The customer may not bring food and drinks to events. Exceptions require an agreement in text form with the hotel. In these cases, a reasonable contribution to cover overheads will be charged.
8 TECHNICAL FACILITIES, CONNECTIONS AND OTHER EQUIPMENT8.1 Insofar as the hotel procures technical equipment, connections and/or other equipment from third parties for the customer at the customer's request, it shall act in the name of, on behalf of and for the account of the customer.
The customer shall be liable for the careful handling and proper return of the equipment. He shall indemnify the hotel against all third-party claims arising from the provision of such equipment.
8.2 The use of the customer's own electrical equipment using the hotel's electricity network requires the hotel's consent. Any malfunctions or damage to the hotel's technical equipment caused by the use of these devices shall be borne by the customer, unless the hotel is responsible for them. The hotel may record and charge a flat rate for the electricity costs arising from the use of such equipment.
8.3 With the hotel's consent, the customer is entitled to use his own telephone, fax and data transmission equipment. The hotel may charge a connection fee for this.
8.4 The customer must obtain any official permits required for the event in good time and at his own expense. The customer shall be responsible for compliance with public-law requirements and other regulations.
8.5 The customer shall be responsible for handling the formalities and settlements required in the context of copyright-relevant processes (e.g. music performance, film screening, streaming services) with the responsible institutions (e.g. GEMA).
8.6 Malfunctions of technical or other equipment provided by the hotel shall be rectified immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these disruptions.
9.1 Any exhibition or other items, including personal items, brought into the event rooms or the hotel shall be at the customer's risk. The hotel assumes no liability for loss, destruction or damage, including for financial losses, except in cases of gross negligence or intent on the part of the hotel. Excluded from this are damages resulting from injury to life, limb or health. In addition, all cases in which the safekeeping represents a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.
9.2 Decorative material and other items brought in by the customer and their use must comply with fire protection requirements and official regulations. The hotel is entitled to demand official proof of this. If such proof is not provided, the hotel shall be entitled to remove any material already brought in at the customer's expense. Due to possible damage, the installation and attachment of objects must be agreed with the hotel in advance.
9.3 Any exhibition or other objects brought in must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store the items at the customer's expense. If the items remain in the event room, the hotel may charge a reasonable compensation for use for the duration of the withholding of the room.
10.1 Insofar as the customer is an entrepreneur, he shall be liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.
10.2 The hotel may require the customer to provide an appropriate security deposit, for example in the form of a credit card guarantee.
11 FINAL PROVISIONS
11.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral amendments or additions are invalid.
11.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral amendments or additions are ineffective.
11.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction is [please enter the location, either the location of the hotel or the registered office of the hotel's operating company]. However, the hotel may also choose to sue the customer at the customer's place of business. The same shall apply to customers who do not fall under sentence 1 if they are not domiciled or resident in an EU member state.
11.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
11.4 In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes ("ODR platform"):
http://ec.europa.eu/consumers/odr/
However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.