- General Terms and conditions -

General Terms and Conditions (GTC) for Hotel Accommodation Contracts

I. Scope of Application

1. These GTC shall apply to contracts on the letting of hotel rooms for accommodation purposes as well as to all further services and deliveries rendered and provided by the Hotel.

2. Any subletting or transfer of use with regard to the let rooms, the use of the let hotel rooms for purposes other than those of accommodation, the use for public invitations or other advertising purposes, job interviews, sales events or similar activities, and any use of hotel areas outside the let rooms is subject to the Hotel’s prior written consent and possible additional payments. § 540 Sec. 1 Sentence 2 BGB (German Civil Code) shall not apply.

3. Unless previously and explicitly agreed in writing, the Customer’s terms and conditions shall not apply.

4. Any further conditions agreed upon conclusion of the Contract shall apply in addition.

II. Conclusion of the Contract, Contracting Parties; Limitation

1. The Contract shall become effective by the Hotel’s acceptance of the Customer. The Hotel shall be free to confirm the booking of the room in writing.

2. The Hotel and the Customer are the Contracting Parties. Where a third party booked on behalf of the Customer, the third party and the Customer shall be jointly liable towards the Hotel for all obligations under the Hotel Accommodation Contract.

3. The Hotel shall be liable for its obligations under the Contract. In areas which do not fall under the services typically covered by the Hotel, the liability shall be limited to intent and gross negligence on the part of the Hotel.

4. All claims on the part of the Customer shall be subject to a limitation period of 6 months. Both this limitation of liability and the short limitation period shall apply in favour of the Hotel, also where obligations are infringed during the contract initiation phase and in case of positive breach of contract.

5. In the event that the Customer’s use of the hotel service could jeopardise the smooth running of the business or the Hotel’s safety or reputation in public, the Customer shall be obliged to inform the Hotel accordingly.

III. Services, Prices, Payment, Offsetting

1. The Hotel shall be obliged to have the rooms booked by the Customer ready and to render the services agreed upon.

2. The Customer shall be obliged to pay the Hotel’s prices applicable to and/or agreed upon for the accommodation and any further services used by him or her. This shall also apply to any Customer-induced services and expenses to be rendered and/or paid by the Hotel to third parties.

3. The prices agreed upon shall include value-added tax at the rate applicable on the day on which the service is rendered. In the event that the VAT rate changes and such changes become effective prior to or on the day on which the service is rendered, the prices agreed upon shall change accordingly. The Hotel shall be entitled to debit the VAT increase afterwards.

4. If the Customer wishes to reduce the number of the rooms he or she has already booked, the Hotel’s services or the guests’ length of stay, the Hotel shall be entitled to make its consent dependent on an increase in the price charged for the rooms and/or the Hotel’s other services.

5. Any invoices issued by the Hotel without a due date shall be payable, without any discounts, within 10 days upon receipt of the invoice. The Hotel shall be entitled to request immediate payment of any amounts due. In the event of default in payment, the Hotel shall be entitled to charge statutory default interest at the applicable rate, which currently amounts to 8%. Where legal transactions involving a consumer are concerned, the Hotel shall be entitled to charge default interest of 5% above the base rate. The Customer shall be obliged to pay dunning costs of € 15.00 for each reminder he or she obtains from the Hotel after the occurrence of the default. All other costs incurred in connection with the debt collection shall be borne by the Customer.

6. Upon conclusion of the contract or afterwards, the Hotel shall be entitled to ask the Customer for an appropriate advance payment or to demand the provision of appropriate securities. The amount of the advance payment and the due dates can be agreed upon in writing in the Hotel Accommodation Contract.

7. The Customer shall not be entitled to reduce or offset any receivables from the Hotel against his or her own receivables unless they have been acknowledged and legally established.

8. Pets are not allowed unless previously permitted by the Hotel. Bringing a pet may furthermore be subject to a fee.

IV. Withdrawal on the Part of the Customer (Cancellation/Non-Utilisation of the Hotel’s Services)

1. The Customer shall not be entitled to withdraw from the Accommodation Contract entered into with the Hotel. The cancellation of the Hotel Accommodation Contract shall be subject to the Hotel’s written consent. Where such consent is not given, the price agreed upon in the Contract shall be paid even though the Customer does not use the contractual services.

2. Insofar as a written agreement on a deadline for free cancellation has been made between the Hotel and the Customer, the Customer may cancel the contract within this deadline without triggering any payment or damage claims on the part of the Hotel. The Customer’s right of withdrawal shall cease to exist when he or she fails to exercise it by not informing the Hotel in writing within the deadline agreed upon. This shall not apply in the event of a default in performance on the part of the Hotel or if the Hotel is unable to render the service for reasons attributable to the Hotel.

3. In the event that the Customer does not occupy the rooms he or she has booked, the Hotel shall take into account any income from the letting of these rooms to other parties as well as any saved expenses. If these rooms are not let to another party, the Hotel shall be entitled to demand payment of the remuneration agreed upon in the Contract and to estimate a deduction for saved expenses.
In this case, the Customer shall be obliged to pay at least 90% of the contract price for accommodation with or without breakfast and for package arrangements including third-party services, as well as 70% for half board and 60% for full board arrangements.

V. Withdrawal on the Part of the Hotel

1. Insofar as a written agreement on a deadline for free cancellation has been made between the Hotel and the Customer, the Hotel shall be entitled to withdraw from the Contract within this period when other customers are interested in the rooms booked by contract and the Customer, after having been informed and asked by the Hotel, does not waive his or her right of cancellation within a deadline set by the Hotel. The same shall apply when an alternative is offered due to other enquiries and the Customer, after having been informed and asked by the Hotel, is not willing to make a final reservation within a deadline set by the Hotel. In this context, the term “final reservation” means that a Hotel Accommodation Contract becomes effective from that date and the free cancellation deadline originally agreed upon becomes void.

2. If the Customer fails to make the advance payment agreed upon or required according to Section III No. 6 after expiry of a reasonable grace period set by the Hotel, the Hotel shall be entitled to withdraw from the Hotel Accommodation Contract.

3. The Hotel shall furthermore be entitled to withdraw from the Contract for self-justifying reasons, for example when force majeure or other events beyond the Hotel’s control make the performance of the Contract impossible, when rooms are booked providing misleading or false information with regard to important facts (such as the Customer’s name or the purpose), when the Hotel has reasonable grounds to believe that the use of the hotel service could jeopardise the smooth running of the business or the Hotel’s safety or reputation in public, without such matters being attributable to the Hotel’s sphere of control or organisation, and whenever there is a breach of Section I No. 2.

4. If the Hotel withdraws from the Contract on legitimate grounds, the Customer shall not be entitled to claim damages.

5. The Hotel shall be entitled to stop unauthorised job interviews, sales events or similar activities or to request the discontinuation of such activities.

6. Where a withdrawal according to Numbers 2, 3 and 5 results in a claim for damages on the part of the Hotel against the Customer, the Hotel shall be entitled to estimate such a claim. In this case, Section IV No. 3 shall apply accordingly. In these cases, however, the Customer shall be entitled to provide proof that no damage or less damage has occurred.

VI. Provision of the Room, Check-In & Check-Out

1. The Customer shall not be entitled to occupy certain rooms. If certain rooms are unavailable although they had been promised in the order confirmation and/or Hotel Accommodation Contract, the Hotel shall be obliged to offer the Customer an equivalent substitute either on the premises or in other, similar properties.

2. Booked rooms shall be at the Customer’s disposal from 3 pm on the day of arrival. The Customer shall not be entitled to occupy the rooms before that time. Unless a later time of arrival has been specifically agreed or the room has been paid in advance, the Hotel shall be entitled to let the booked room to another party after 6 pm, which shall not entitle the Customer to make a claim against the Hotel. This regulation shall not affect the Hotel’s claims under Section IV.

3. On the agreed day of departure, the Customer shall vacate the rooms at the latest by 11 am. If the Guest fails to vacate the rooms at that time, the Hotel shall be entitled to charge the full room rate for another day: Beyond the damage resulting therefrom, the Hotel shall be entitled to charge 50% of the full accommodation price (list price) for the additional use of the room until 6 pm, and 100% of the full accommodation price from 6 pm onwards.
Further claims for damages on the part of the Hotel shall remain unaffected by the payment of the room rate. If the Hotel is forced to accommodate guests in another hotel due to the Customer’s delayed check-out, the Customer shall bear any costs resulting therefrom.
This shall not result in the substantiation of the Customer’s contractual claims. The Customer shall be free to prove that the Hotel does not have any entitlement to charge a user fee or that the Hotel is entitled to receive a far lower user fee.

VII. Liability of the Hotel

1. The Hotel shall be liable for its obligations under the Hotel Accommodation Contract with the diligence of a prudent businessman. Any claims for damages on the part of the Customer shall be excluded. However, this shall not apply to damages arising from injury to life, body or health due to a breach of obligation on the part of the Hotel, to other damages resulting from a wilful or gross negligent breach of obligation on the part of the Hotel, and to damages resulting from a wilful or negligent violation of the Hotel’s contractual obligations. In the event that the Hotel becomes aware of any disruptions or defects in its services, or if the Customer complains about such disruptions or defects, the Hotel shall strive to remedy the situation. Apart from that, the Customer shall be obliged to draw the Hotel’s attention to the possible occurrence of unusually high damages. The Customer shall do whatever can be reasonably expected in order to help remove the disruption and to keep the damage to a minimum.

2. As regards the Customer’s personal items brought to the Hotel, the Hotel shall be liable within the framework of the statutory provisions, i.e. up to one hundred times the room rate, but not exceeding € 3,500. The liability for money, securities and valuables shall be limited to € 800, provided that these had been kept in the locked room safe. The maximum amount of money, securities and valuables kept in the hotel safe must not exceed the insurance cover of the respective hotel. Any liability claims shall expire if the Customer fails to notify the Hotel immediately after becoming aware of any loss, destruction or damage (§ 703 BGB, German Civil Code). Liability shall only be assumed when the rooms or containers the objects had been left in had been locked.

3. The provision of a parking space in the hotel garage or car park, either free of charge of for a fee, shall not constitute a safekeeping agreement. The Hotel shall not assume any liability whatsoever for the theft of or damage to motor vehicles parked or manoeuvred on the Hotel’s property. The same shall apply to the contents of such vehicles. The Hotel shall not have any monitoring obligation. The Hotel shall be immediately informed about any damages.
The provisions set out under Number 1 Sentences 2 to 4 shall apply accordingly.

4. Wake-up calls will be performed by the Hotel with utmost care. Any claims for damages, except for claims resulting from negligence or wilful intent, shall be excluded.

5. Messages, letters and consignments for guests will be treated with care. The Hotel takes care of the delivery, the safekeeping and – upon request and for a charge – the forwarding of the same.
Any claims for damages, except for claims resulting from negligence or wilful intent, shall be excluded.

6. Items left behind by the Customer will not be forwarded unless requested by the Customer, while both the risk and the costs shall be borne by the Customer. The Hotel will keep the objects for three months. After that, they will be handed over to the local lost property office, provided that they are of no apparent value. The Hotel reserves the right to destroy objects of no apparent value once the deadline had passed.

VIII: Miscellaneous
1. As a matter of principle, guests are not allowed to bring and consume their own food and beverages in the Hotel’s generally accessible rooms or booked rooms. If you nevertheless consume your own food and beverages in your hotel room, please be sure to recycle your leftovers and waste according to the recycling rules applicable in Limburgerhof Hotel & Residenz. In this case, the Hotel shall furthermore be entitled to obtain from the Guest a service and/or corkage fee in the amount of the Hotel’s loss of profit calculated according to the Hotel’s current pricelist. The Guest shall be free to prove that his or her bringing of food and beverages has resulted in a lower damage or in no damage at all.
2. As a matter of principle, the breakfast buffet is intended for on-site consumption. Hence, the Contract shall not include the taking away of food. In the event that food and beverages are nevertheless taken away, the Hotel shall be exempt from any liability whatsoever. Please do not hesitate to ask us for packed lunch.
3. As a matter of principle, it is not allowed to take away any crockery and cutlery.

VIII. Pets

With or without leash? Please do not let your dog off the leash in the hallways and corridors, in the staircase or anywhere else on the premises. Your four-legged friend may of course move freely in your room. Are dogs allowed to sleep in the bed or on the sofa? Neither dogs nor cats are allowed on beds, armchairs etc. without appropriate protection. If you forgot to bring a blanket, please do not hesitate to ask us.
Outdoor facilities: Please do not allow your dog to foul the premises in any way!

IX. Final Provisions

1. Verbal side agreements shall not be binding unless confirmed in writing. Any changes or amendments to the Hotel Accommodation Agreement, this Section, the application acceptance or the present Terms and Conditions shall be made in writing. Unilateral changes or modifications made by the Customer shall be null and void.

2. The place of fulfilment and payment for the obligations of both parties shall be the Hotel’s registered office.

3. The exclusive place of jurisdiction for commercial dealings – including disputes about cheques and bills of exchange – shall be the Hotel’s registered office. If a contracting party fulfils the prerequisites of § 38 Sec. 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in the Federal Republic of Germany, the Hotel’s registered office shall be the place of jurisdiction.

4. German law shall apply, with the exception of the United Nations Convention on Contracts for the International Sale of Goods and the Conflict of Laws Principles.

5. In the event that individual provisions of these General Terms and Conditions for Hotel Accommodation Contracts are or become ineffective or invalid, this shall not affect the effectiveness of the remaining provisions. The statutory provisions shall furthermore apply. Both parties undertake to replace the ineffective provision by a provision whose content comes closest to the meaning of the ineffective provision.