The German version of our Terms & Conditions takes precedence over the English version. In case of doubt, the German version shall be taken as reference.
GENERAL TERMS AND CONDITIONS FOR HOTEL ACCOMMODATION CONTRACTS (VERSION: MARCH 2019) OF GÄSTEHAUS MEZCALERO, KÖNIGSBRÜCKER STR. 64, 01099 DRESDEN
1. SCOPE OF APPLICABILITY
1.1 These business conditions apply to verbal and written agreements relating to the rental use of hotel rooms for accommodation as well as all other goods and services rendered by the hotel to the customer in this context (Hotel Accommodation Contract). The term “Hotel Ac-commodation Contract” comprises and replaces the following terms: accommodation, lodg-ing, hotel, hotel room contract.
1.2 The hotel’s prior consent in written form is required if rooms provided are to be sublet or rented to a third party, or used for other than lodging purposes, whereby section 540, para. 1, sentence 2 German Civil Code (BGB) is waived insofar as the customer is not a con-sumer.
1.3 The customer’s general terms and conditions shall apply only if these are previously expressly agreed.
2. CONCLUSION OF CONTRACT, PARTIES, STATUTE OF LIMITATIONS
2.1. The contract comes into effect upon acceptance of the customer’s request by the hotel. The hotel is free to confirm the room reservation in writing.
2.2. The contractual partners are the customer and the hotel. If a third party has ordered on behalf of the customer, he is jointly liable together with the costumer vis-à-vis the hotel as a co-debtor for all obligations arising from the hotel accommodation contract, insofar as the hotel has at its disposal a relevant declaration from the third party.
2.3. All claims against the hotel lapse in principle one year after the start of the regular period of limitation of § 199 Para.1 of the German Civil Code, based on the time of acquisition of knowledge. Claims for compensation lapse in five years and are not based on the time of acquisition of knowledge. Reductions to the statute of limitations period do not apply to claims based on a deliberate or grossly negligent breach of duty by the hotel.
3. SERVICES, PRICES, PAYMENT, SET-OFF
3.1. The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.
3.2. The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services accepted. This also applies to services ordered by the customer di-rectly or via the hotel, which a third party provides and the hotel disburses.
3.3. 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 or lodging tax. If the statutory value added tax is changed or if local taxes concerning the rooms and ser-vices 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 con-sumers, if four months have passed between the conclusion and fulfilment of the contract.
3.4. The hotel 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.
3.5. Hotel invoices not stating a due date are payable without deduction and due within ten days of receipt of the invoice. The hotel can demand immediate payment of due debt from the customer. With default of payment, the hotel shall be entitled to demand the respective-ly applicable statutory default interest in the amount of currently 8 % or, with legal transac-tions with a consumer, in the amount of 5 % above the base interest rate. The hotel re-serves the right to prove greater damage.
3.6. The hotel 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 written form in the contract.
3.7. In justified cases, e.g. the customer’s default in payment or expansion of the scope of the contract, the hotel shall be entitled, also after the conclusion of the contract up to the com-mencement of the stay, to demand an advance payment or a security within the meaning of the above-mentioned No. 3.6 or an increase of the advance payment or a security agreed in the contract up to the total agreed remuneration.
3.8. Furthermore, the hotel 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. 3.6 for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned No. 3.6 and/or No. 3.7.
3.9. The customer may only set-off, reduce or clear a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.
4. WITHDRAWAL OF THE CUSTOMER (CANCELLATION, ANNULMENT)/ FAILURE TO USE HOTEL SERVICES (NO SHOW)
4.1. Withdrawal of the customer from the contract concluded with the hotel requires the written consent of the hotel. In the absence of the hotel’s written consent, the agreed price result-ing from the contract must still be paid if the customer does not utilize the contractual ser-vices. This does not apply in the event of violation of the obligation of the hotel to consider the rights, legally protected interests and interest of the customer, if adherence to the con-tract can no longer be expected as a result of this, or another statutory or contractual right of withdrawal is due. If the hotel and customer have not agreed upon a special date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without in-curring payment or damage compensation claims by the hotel. The customer’s right of withdrawal shall expire, if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
4.2. Unless otherwise agreed in writing, bookings can be canceled free of charge up to 8 days prior to arrival, from 7 days before arrival the cancellation fee is 50% of the accommodation costs. Cancellations made on the day of arrival and no-shows will be charged 100%. Book-ing contracts can be canceled free of charge up to 1 month before the arrival date, thereaf-ter the cancellation costs are 80%. (For group bookings of more than 15 people, the free cancellation period increases to 6 weeks prior to arrival). Cancellations on the day of arrival will be charged at 100%. The cancellation of single nights is not possible. The timeliness of cancellations is determined by the time zone of the hotel.
4.3. In case of partial withdrawal of the customer from the contract (e.g. reduced number of persons), the cancellation fee is due only for the parts of the contract concerned. The hotel is free to implement the current standard conditions to the reduced services if the customer was allowed benefits (for the initial booking).
4.4. Bookings for the weekend cannot be cancelled to one overnight stay by the customer. A booking of two overnight stays, at long weekends with adjacent holidays even of three overnight stays, has to persist.
5. WITHDRAWAL OF THE HOTEL
5.1. Insofar as it was agreed that the customer can withdraw from the contract at no cost within a certain period of time, the hotel is entitled for its part to withdraw from the contract during
this period of time if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by the hotel with a reasonable deadline set, does not waive his right of withdrawal.
5.2. If an agreed advance payment or an advance payment or a security demanded pursuant to No. 3.6 and/or No. 3.7 is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.
5.3. Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if
- force majeure or other circumstances beyond the hotel’s control render the fulfillment of the contract impossible;
- rooms or spaces are reserved with culpably misleading or false information or conceal-ment regarding essential facts; the identity or solvency of the customer or the purpose of his stay can constitute essential facts;
- the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attribut-able to the hotel’s sphere of control or organization;
- the purpose or the cause of the stay is illegal;
- there is a breach of the above-mentioned No. 1 and.2.
5.4. The justified withdrawal by the hotel constitutes no claims for damages for the customer.
6. ROOM AVAILABILITY, DELIVERY AND RETURN
6.1. The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed.
6.2. Reserved rooms are available to the customer starting at 3:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability.
6.3. In case of near-term or minor bookings that were stipulated without written contract, the reservation is valid until 6p.m. on the day of arrival. Afterwards the reservation is only valid if the customer has confirmed the arrival on the same day on the phone or by mail.
6.4. Rooms must be vacated and made available to the hotel no later than 12:00 noon on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the hotel may charge 50 % of the full accommoda-tion rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 90 %). Contractual claims of the customer shall not be established hereby. The customer is at lib-erty to prove that the hotel has no or a much lower claim for charges for use of the room.
7. LIABILITY OF THE HOTEL
7.1. The hotel accepts liability with the car of a fair businessman for its obligations arising from the contract. Compensation claims by the customer are precluded. This excludes damages resulting for injuries to life, body or health if the hotel is held liable for the breach of duty, and other damages which are due to deliberate or grossly negligent violation of the hotel and damages due to deliberate or grossly negligent violation of contract-typical obligations by the hotel. A violation of duty by the hotel is equivalent to that of a statutory representa-tive or agent. Should disturbances or deficiencies occur to the service of the hotel, the hotel will endeavor to ensure remedial action when made aware or when rebuked by the cus-tomer in a timely manner. The customer is obliged to contribute all that may reasonably be expected of them to remedy the disturbance and to keep possible damage to a minimum.
7.2. The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions. For money, securities, stocks, bonds or valuables the hotel is only li-able to the costumer if these have been stored in the hotel safe. The hotel recommends the use of the hotel safe.
7.3. The allocation of parking spots by the hotel, whether for free or for a fee, is not equated with a custody agreement. The hotel is not liable for lost, stolen or damaged bicycles or motor vehicles Wake-up calls are carried out by the hotel with the greatest possible dili-gence.
8. FINAL PROVISIONS
8.1. Amendments and supplements to the contract, the acceptance of offers or these general terms and conditions should be made in written form. Unilateral amendments or supple-ments by the customer are invalid.
8.2. For commercial transactions the place of performance and payment as well as, in the event of litigation, including disputes for checks and bills of exchange, the exclusive court of ju-risdiction is at Dresden. Insofar as a contracting party fulfills the requirements of section 38, para. 2 of the German Code of Civil Procedure (ZPO) and does not have a place of general jurisdiction within the country, the courts at Dresden shall have exclusive jurisdiction.
8.3. The contract is governed by and shall be construed in accordance with German law. The application of the UN Convention on the International Sale of Goods and Conflict Law are precluded.
8.4. Should individual provisions of these general terms and conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.
8.5.The place of jurisdiction for any disputes or contractual disputes is Dresden.