General terms of business for the hotel admission contract

I. Area of application

1. These terms of business are valid for contracts about the on hire surrender of hotel rooms to the accomodation, as well as all other achievements produced for the customers and deliveries of the hotel (at the other "hotel" called).
2. The unterrenting or wide renting of the überlassenen rooms as well as their use to others than accomodation purposes need the previous written approval of the hotel and §540 paragraph 1 Sentence 2 becomes a Civil Code abbedungen, as far as the customer is not a consumer.
3. Terms of business of the customer find only use if this was agreed before expressly in writing.

II. Completion of the contract, contracting partner; limitation

1. The contract comes about by the acceptance of the application of the customer by the hotel. It stays empty to the hotel to confirm the room reservation in writing.
2. Contracting partners are the hotel and the customer. If a third has ordered for the customer, he sticks compared with the hotel together with the customer as a joint debtor for all obligations from the hotel admission contract, provided that a suitable explanation of the third is given to the hotel.
3. All claims against the hotel come under the statute of limitations basically in one year from the beginning of the legal period of limitation. Compensation claims come under the statute of limitations independently of knowledge in five years. The limitation shortening is not valid with claims which are based on a deliberate or roughly careless duty injury of the hotel.

III. Achievements, prices, payment, compensation

1. The hotel is obliged to hold ready the rooms booked by the customers and to produce the agreed achievements.
2. The customer is obliged to pay for the room surrender and the other achievements taken up by him to agreed or valid prices of the hotel. This is also valid for achievements arranged by the customers and displays of the hotel into three parts. The agreed prices enclose the respective legal sales tax.
3. The hotel can make his approval with an additional reduction desired by the customers of the number of the booked rooms, the achievement of the hotel or the duration of stay of the customer of it dependent that the price of the rooms and/or of the other achievements of the hotel increases.
4. Calculations of the hotel without date of maturity are payable within 10 days from access of the calculation without deduction. The hotel can require from the customer any time the prompt payment of due demands. With default the hotel is entitled, interest at the rate of 8% or, by legal shops is involved in those a consumer to require 5% about the base interest rate sentence. The proof of a higher damage is left to the hotel.
5. The hotel is entitled to require an adequate pre-payment or security with contract end of the customer. The height of the pre-payment and the payments can be agreed in the contract in writing. On pre-payments or securities for package tours the legal regulations remain untouched.
6. In reasonable cases, e.g., with arrears of the customer, the hotel is entitled to require a pre-payment or security for the purposes of preceding No. 6 or an increase of the pre-payment agreed in the contract or security up to the full agreed reimbursement also for contract end up to beginning of the stay of the customer.
7. The hotel is entitled further, at the beginning and during the stay of the customer of this one adequate pre-payment or security in reflects to preceding No. 7 for existing and future demands to ask from the contract, as far as such was not performed already according to preceding numbers 6. or 7.
8. The customer can charge only with an indisputable or legal demand towards a demand of the hotel, diminish or use a retention right.

IV. Resignation of the customer (i. e. Cancellation, cancellation) / non-claim of the achievements of the hotel (No show)

1. A resignation of the customer of the contract closed with the hotel needs the written approval of the hotel. If this does not occur, the agreed price from the contract is also to be paid if the customer does not take up contractual achievements. In this case the suitable calculation with identity card is given by sales tax. If a written approval with the resignation of the customer is given by the hotel under the condition that the customer has to perform compensation for the not taken up rooms, the suitable calculation is given without identity card by sales tax. This is valid provisory for a change of the administrative instructions of the tax authorities. The regulations of the preceding sales are not valid by injury of the obligation of the hotel to the thoughtfulness for rights, legally protected rights and interests of the customer if thereby a holding on in the contract is not to be expected of this any more, or an other legal or contractual right to rescind is entitled.
2. Provided that between the hotel and the customer an appointment was agreed to the resignation by the contract in writing, the customer can withdraw till then from the contract without releasing payment or compensation claims of the hotel. The right to rescind of the customer goes out if he does not use his right to the resignation in writing compared with the hotel up to the agreed appointment, provided that a case of the resignation is not given according to clause IV figure 1 sentence 6.
3. With rooms not taken up by the customers the hotel has to credit the income from other renting of the rooms as well as the saved expenditures. If the rooms are not otherwise rented, the hotel can require the by contract agreed reimbursement and the deduction for saved expenditures of the hotel pauschalieren. In this case the customer is obliged to pay at least 90% of the by contract agreed price of overnight stay with or without breakfast, 70% for half board arrangements and 60% for American plan arrangements. The proof stays empty to the customer that the precalled claim or not has not originated by the demanded height.

V. Resignation of the hotel

1. Provided that was agreed in writing that the customer can withdraw within a certain term free of charge from the contract, the hotel is entitled in this period on his part to withdraw from the contract if inquiries of other customers are given after the by contract booked rooms and the customer does not renounce further inquiry of the hotel on his right to the resignation.
2. If an agreed or on top is not performed according to figure III numbers 6 and/or 7 required pre-payments or security, the hotel is also entitled to the resignation of the contract.
3. Further the hotel is entitled to withdraw exceptionally for essentially justified reason from the contract, for example, if

• higher power or other circumstances not to be represented by the hotel the fulfilment of the contract impossible make;
• Rooms under delusive or false statement of essential facts, e.g., in the person of the customer or the purpose of his stay, are booked;
• the hotel founded occasion for the acceptance has that the claim of the hotel achievement can endanger the free from problems business concern, the security or the respect of the hotel in public, without this is to be added to the territory or organisation area of the hotel.
• an offence against the figure I on top 2 is given. 1. With entitled resignation of the hotel there originates no claim of the customer on compensation.

VI. Room supply, room handing over and room return

1. The customer acquires no claim to the supply of certain rooms.
2. Booked rooms are available to the customer from 14.00 o'clock of the agreed journey day. The customer has no right to former supply.
3. On the agreed departure day the rooms are to be made available to the hotel at the latest at 11.00 o'clock removed. Then the hotel on account of the late clearing of the room for his contract-crossing use till 18.00 o'clock can charge for 50% of the full accommodation price (list price), from 18.00 o'clock 100%. Contractual claims of the customer are not founded through this. It stays empty to him to prove that to the hotel nobody or a substantially lower claim to compensation fee has originated.

VII. Liability of the hotel

1. The hotel sticks with the care of a well-arranged businessman for his obligations from the contract. Claims of the customer on compensation are excluded. From this damages from the injury of the life, the body or the health are excluded if the hotel has to represent the duty injury, and other damages which are based on a deliberate or roughly careless duty injury of the hotel. That of a legal representative or fulfilment assistant is on a par with a duty injury of the hotel. Should disturbances or defects of the achievements of the hotel appear, the hotel will try hard with knowledge or on prompt rebuke of the customer to provide for remedy. The customer is obliged to contribute reasonable to him to repair the disturbance and to hold a possible damage low.
2. The hotel to the customer sticks for introduced things according to the legal regulations, this is up to the hundredfold of the room price, at most 3,500€, as well as for money, securities and valuables up to 800€. Money, securities and valuables can be kept up to a Höchstwert of 7,500€ in the hotel or room safe. The hotel recommends to make use of this possibility.
3. As far as a parking lot is made available to the customer in the hotel garage or on a hotel parking bay, also against remuneration, no preservation contract thereby comes about. With loss or damage on the hotel property of put down or shunted automobiles and their contents the hotel does not stick, except with intention or coarse carelessness. This is also valid for fulfilment assistant of the hotel. Preceding figure 1 sentence 2 to 4 is valid accordingly.
4. Wake-up missions are explained by the hotel with the biggest care. News, post and consignments of goods for the guests is treated with care. The hotel takes over the delivery, safekeeping and – if requested – against remuneration the postbroadcasting of the same. Preceding figure 1 sentence 2 to 4 is valid accordingly.

VIII. Final regulations

1. Changes or supplements of the contract, the application acceptance or these terms of business for the hotel admission should occur in writing. One-sided changes or supplements by the customer are ineffective.
2. Place of fulfilment and place of payment is the seat of the respective hotel.
3. Exclusive legal venue – also for cheque and change disputes – is Chemnitz in the business traffic. Provided that a contracting partner fulfils the condition §38 paragraph 2 ZPO and has no general legal venue by the home, the seat of the hotel is valid as a legal venue.
4. It is worth German right. The use of the UN-purchase right and the collision right is excluded.
5. Should single regulations of these general terms of business be ineffective or trifling or become, the effectiveness of the remaining regulations is not thereby touched. Same is valid in case of an unintentional regulation gap., For the rest, are valid the legal regulations. State 04/2010