Hotel Deville Ltd.
Rep. Michelle Deville, Nils Deville
Johannesgasse 12
DE-79219 Staufen
Phone +49(0)76155775000
hallo@hoteldeville.de
www.hoteldeville.com
1. scope of application
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. The customer’s general terms and conditions shall only apply if this has been expressly agreed in text form.
2. conclusion of contract, partner
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” is concluded. In the case of an inquiry by e-mail, by accepting the offer, but at the latest upon receipt of the booking confirmation.
3. services, prices, payment, offsetting
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 rental 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. Not included are 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 taxes on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion and fulfillment of the contract exceeds four months.
3.4. If payment on account has been agreed, payment must be made immediately upon receipt of the invoice without deduction, unless otherwise agreed.
3.5. The hotel is entitled to demand a reasonable 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 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 is 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 from the customer at the beginning and during the stay within the meaning of Section 3.5 above for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with Section 3.5 and/or Section 3.6 above.
3.8. The customer can only offset or set off against a claim of the hotel with an undisputed or legally established claim.
3.9. The customer agrees that the invoice may be sent to him electronically.
4. withdrawal/termination (“cancellation”) by the customer/non-utilization of the hotel’s services (“no show”)
4.1. The customer may only unilaterally withdraw from the contract concluded with the hotel 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 a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract until then without triggering payment or compensation claims from the hotel. The customer’s right of withdrawal expires 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 of 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 there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel within a reasonable period of time. 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 demanded 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
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 Section 5.2 or 5.3 above, the hotel may charge a lump sum. Clause 4.3 shall apply accordingly in this case.
6. room provision, handover and return
6.1. 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.
6.3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10:00 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 at liberty 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 is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is 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 the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this clause 7. Should disruptions or defects occur in the services of the hotel, the hotel will endeavor to remedy the situation upon knowledge or immediate complaint by the customer. The customer is obliged to contribute what is reasonable for him to remedy the disruption and keep possible damage to a minimum.
7.2. The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. 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 safekeeping 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 or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with the above clause 7.1, sentences 1 to 4.
7.4. If the guest/customer triggers a fire alarm through their own fault, this will be charged to the guest, including working time to rectify the fault. If the guest willfully disconnects smoke/fire alarms, he/she will be banned from the house and charged for the working time required to rectify the fault. A functional test may also be charged to the guest.
8. final provisions
8.1. Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral changes or additions are ineffective.
8.2. If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction shall be Freiburg. However, the hotel may also choose to sue the customer at the customer’s domicile. 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 applies. The application of the UN Sales Convention is excluded.
8.4. In accordance with the legal obligation, the hotel would like to point 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.
