Hotel Accommodation (2012)
I. Scope of Applicability
1. These terms and conditions govern contracts for the rental use of hotel rooms in the respective Central Hotel for lodging purposes, as well as all other goods and services rendered by Hotel Central to the customer in this context.
2. The customer's general terms and conditions only apply if this is previously expressly agreed.
II. Conclusion of Contract, Parties, Liability, Statute of Limitations
1. The contract shall come into force upon Hotel Central´s acceptance of the customer's application. At its discretion, Hotel Central may confirm the room reservation in text form.
III. Services, Prices, Payment, Set-Off
1. The customer is obligated to pay the agreed or applicable prices of Hotel Central for rooms provided and for other services supplied. This also applies to services ordered by the customer directly or via Hotel Central, which a third party provides and Hotel Central disburses.
2. The agreed prices include all taxes and local taxes in effect at the time of the conclusion of contract. This does not include locally levied taxes, which are owed by the guest himself according to the particular municipal law, such as visitor's tax. If the statutory value added tax is changed or if local taxes concerning the rooms and services are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted. This only applies to contracts concluded with consumers, if the period between conclusion and fulfilment of the contract exceeds 4 months.
3. The Hotel Central can make its consent to the customer's later request for a reduction of the number of reserved rooms, services of the hotel or the customer's length of stay dependent on the increase of the price for the rooms and/or for the other services.
4. If payment on receipt of the invoice is agreed, the invoice is payable without deduction and due within ten days of receipt, if not otherwise agreed.
5. For each reminder in case of default Hotel Central is entitled to demand a fee of ? 5. The customer is at liberty to prove that Hotel Central has incurred no or lesser costs.
6. The Hotel Central is entitled to require a reasonable advance payment or a security, such as a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and payment dates may be agreed in text form in the contract. The statutory provisions shall remain unaffected with advance payments or a security for package tours.
7. In justified cases, e.g. the customer's default in payment or expansion of the scope of the contract, Hotel Central shall be entitled, also after the conclusion of the contract up to the commencement of the stay, to demand an advance payment or a security within the meaning of the above-mentioned No. 6 or an increase of the advance payment or a security agreed in the contract up to the total agreed remuneration.
8. Furthermore, Hotel Central shall be entitled, at the commencement and during the customer's stay, to demand a reasonable advance payment or security deposit within the meaning of the above-mentioned No. 6, insofar as such has not already been paid pursuant to the abovementioned No. 6 and/or No. 7.
9. The customer may only set-off, reduce or clear a claim by Hotel Central with a claim which is undisputed or decided with final, res judicata effect.
IV. Withdrawal of the Customer (Cancellation, Annulment)/Failure to Use Hotel Services (No Show)
1. The customer can only withdraw from the contract concluded with Hotel Central, if a right of withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal exists or if Hotel Central gives its explicit consent to the withdrawal. The contractual agreement of a right of withdrawal as well as the consent to withdrawal from the contract shall be in text form. The following rule applies here: in most cases the rooms can be canceled free of charge up to one day before arrival. Exceptions are meetings, fairs and other events. Here the rooms may only be canceled free of charge up to two days before arrival.
2. To the extent that a date for a cost-free withdrawal from the contract has been agreed upon, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by Hotel Central. The customer's right of withdrawal shall expire if he does not exercise it in text form vis-à-vis Maritim by the agreed date.
3. The Hotel Central is entitled to the contractual agreed rate even if the rooms are not used, if a contractual right of withdrawal was not agreed or has expired, a statutory right of withdrawal or cancellation is not given and Hotel Central does not give its consent to the cancellation of the contract. The Hotel Central must credit the income from renting the rooms to other parties as well as for saved expenses. If the rooms are not rented otherwise, Hotel Central can demand the contractually agreed rate and assess a lump sum for the saved expenses. In this case, the customer is obligated to pay at least 80 percent of the contractually agreed rate for lodging with or without breakfast. The customer is at liberty to show, that the abovementioned claim has not arisen at all or has not amounted to the demanded sum.