Terms and conditions
1. These terms and conditions shall apply to contracts for the provision of hotel rooms for accommodation on a hire basis as well as to all services performed and objects provided for the Clients of the relevant Dorint Hotel (hereinafter the ‘Hotel’). The term ‘hotel accommodation contract’ shall also refer to and substitute the following terms: ‘accommodation contract’, ‘guest lodging contract’, ‘hotel contract’ and ‘hotel room contract’.
2. Any sublease or further lease of the provided rooms or any use thereof for purposes other than accommodation shall require the prior approval of the Hotel in writing or electronically (in ‘text form’) and application of ‘Bürgerliches Gesetzbuch’ (German Civil Code, ‘BGB’) Section 540(1) second sentence shall be prohibited.
3. General terms and conditions of the Client shall only be applicable if they have been explicitly approved in text form beforehand.
4. For the purposes of these terms and conditions, the Client may be a consumer or business entity within the meaning of BGB Sections 13 and 14.
II. Entry into contract, Parties to contract, expiry
1. The contract shall take effect on acceptance by the Hotel of the Client’s request. If the Hotel provides the Client with a binding quotation, the contract shall take effect on acceptance of the Hotel’s quotation by the Client. Room bookings shall be confirmed in text form.
2. The Hotel and the Client shall be the Parties to the contract. If a Third Party has placed the order for the Client, the Client and the Third Party shall have joint and several liability to the Hotel for all obligations under the hotel accommodation contract, provided a corresponding declaration from the Third Party has been provided to the Hotel.
3. Any claims that the Client or Third Party have against the Hotel shall normally be time-barred one year after commencement of the regular, awareness-dependent limitation period provided in BGB Section 199(1). However, claims for compensation from the Hotel shall be extinguished within no more than 3 years after the breach of obligation if the claimant is aware of said breach or within no more than 10 years if the claimant is unaware of said breach. These reductions of the limitation period shall not apply to:
– claims based on breaches caused through the intention or gross negligence of the Hotel, including its agents
– claims related to injury to life, limb or health as a result of negligence
Damage to property and assets as a result of negligence shall not be subject to the reduced limitation periods if it is caused through breach of a core contractual obligation.
Core contractual obligations shall be obligations whose fulfilment characterises the contract and whose fulfilment the Client can rely on.
III. Services, prices, payments, offsetting of accounts
1. The Hotel shall have the rooms booked by the Client ready and shall perform the agreed services.
2. The Client shall be required to pay the Hotel’s prices that are stipulated or applicable for the provision of the rooms and for any other utilised services. This shall also apply to Client-initiated services performed by the Hotel for third parties and Client-initiated expenses paid by the Hotel to third parties. The agreed prices shall include the taxes and local levies applicable at the time of entering into the contract. They shall not include local duties that, under local regulations, are owed by the Guest him or herself, such as a spa visitor levy. If the statutory VAT rate is altered or if local levies on the services provided under this contract are implemented, altered or abolished after entry into this contract, the prices shall be adjusted accordingly. This shall apply to contracts with consumers only if the time between entering into the contract and fulfilling the contract exceeds four months.
3. If the Client subsequently requests a reduction of the number of rooms booked, of the scope of the Hotel’s service or of the Client’s time of stay, the Hotel may make its approval thereof dependent on the price for the rooms and/or the other services of the Hotel being reasonably increased.
4. Invoices from the Hotel that do not state a due date shall be payable in full within 10 calendar days of receipt of the invoice. The Hotel shall be entitled at any time to make due invoices payable and demand immediate payment. If a payment due date is missed, the Hotel shall be entitled to charge the relevant penalty interest provided by law, currently nine percentage points above the base interest rate or five percentage points for transactions in which a consumer is involved. In addition, the Hotel may enforce a fee of €5.00 per payment demand if a payment is missed. The Hotel shall reserve the right to provide evidence of further losses and make claims for them accordingly.
5. The Hotel shall be entitled to obtain reasonable prepayment or security at the time of entering into the contract or afterwards when considering the legal requirements for package travel. The amount of prepayment and the dates for it may be agreed in text form in the contract.
6. In justified cases, for example if the Client is in arrears or if the scope of the contract is widened, the Hotel shall be entitled, even after entering into the contract, to demand prepayment or provision of security within the meaning of subsection 5 or an increase of the deposit or security provided as stipulated in the contract up to the full amount of the agreed payment.
7. The Client may only offset or net against payables to the Hotel receivables that are undisputed or legally upheld.
IV. Withdrawal of the Client (order or booking cancellation)/non-utilisation of the Hotel’s services (no-shows)
1. It shall only be possible for the Client to withdraw from the contract entered into with the Hotel if a right of withdrawal has been explicitly stipulated in the contract, if some other legal right of withdrawal exists or if the Hotel explicitly agrees to void the contract. Stipulation of a right of withdrawal or any agreement to void the contract shall be done in text form in any case.
2. Where the Hotel and the Client have agreed on a date for free-of-charge withdrawal from the contract (an option), the Client may withdraw from the contract up to that point in time without incurring claims from the Hotel for payment or damages. The Client’s right of withdrawal shall be extinguished if the Client does not exercise his or her right of withdrawal by writing or sending a message to the Hotel by the agreed date.
3. If a right of withdrawal has not been agreed or is already extinguished, if there also exists no statutory right of withdrawal or cancellation and if the Hotel does not agree to void the contract, the Hotel shall retain its claim to the agreed payment despite the Client’s non-utilisation of the service. The Hotel shall deduct from this claim its earnings from hiring the rooms to other clients and the expenditure that the Hotel saves. If the rooms are not hired to other clients, the Hotel may deduct a lump sum for saved expenses. In this case, the Client shall pay at least 90 per cent of the contractually stipulated price for accommodation with or without breakfast and for package arrangements with external services, 70 per cent for half-board arrangements and 60 per cent for full-board arrangements. The Client shall be at liberty to demonstrate that the actual losses suffered are non-existent or are of a lesser amount to reduce the claim accordingly.
4. Should the Hotel charge for actual losses, compensation for them shall be capped at the contractually stipulated price for the service originally to be performed by the Hotel less the value of the expenses saved by the Hotel and less earnings gained by the Hotel by employing the services of its Hotel in different ways/to different clients.
5. The above provisions regarding cancellation charges shall apply accordingly if the Guest does not utilise the booked room or services and does not provide timely notice of this (becoming a no-show).
V. Withdrawal by the Hotel
1. If a right to free-of-charge withdrawal within a set period of time has been agreed in writing for the Client, the Hotel shall also be entitled during this period of time to withdraw from the contract free of charge if there are enquiries from other clients for the contractually booked rooms and the Client does not waive its right to withdrawal within two weeks of being asked by the Hotel. Should this date pass with no action on the Client’s part, the Hotel shall be entitled to withdraw from the contract.
2. If the Parties agree on prepayment or provision of security or it is demanded in accordance with section III.5 and such prepayment or security is not provided, including after a reasonable extension of the deadline by the Hotel, the Hotel shall also be entitled to withdraw from the contract.
3. Furthermore, the Hotel shall be entitled to extraordinary withdrawal from the contract for an objectively justified reason, including if:
– force majeure or other circumstances for which the Hotel is not responsible make fulfilment of the contract impossible
– rooms are booked by culpably providing key information that is misleading or incorrect or withholding key information (e.g. in relation to who the Client is, the Client’s ability to pay or the reason for the Client’s stay)
– the Hotel has reason to believe that the utilisation of the Hotel’s service would endanger the Hotel’s orderly business operations, security or public image without this endangerment being attributable to things within the Hotel’s control or organisation
– there exists a breach of section I.2
4. The Client shall not be entitled to damages if the Hotel withdraws from the contract for cause.
VI. Preparation, provision and return of the rooms
1. The Client shall not acquire any entitlement to have specific rooms held ready for the Client unless this is explicitly agreed.
2. Booked rooms shall be available to the Client from no earlier than 3 p.m. on the agreed day of arrival. Booked houses/apartments shall be available to the Client from no earlier than 5 p.m. on the agreed day of arrival. The Client shall have no entitlement to earlier provision of the rooms.
3. The rooms shall be vacated and provided back to the Hotel by no later than 12 p.m. on the agreed day of departure. Houses/apartments shall be vacated and provided back to the Hotel by no later than 10 a.m. on the agreed day of departure. If the Client fails to vacate the room/house or apartment on time, the Hotel may after this time charge for usage in excess of that agreed by contract at a rate of 50 per cent of the lodging price applicable at that time until 6 p.m. and then 100 per cent after 6 p.m. The Client shall not have any contractual claims as a result of this. The Client shall be at liberty to provide evidence of there being no grounds for the Hotel to claim this usage charge or there only being grounds for a significantly lesser claim. Furthermore, the Hotel shall reserve the right to provide evidence of further losses and make claims for them accordingly.
VII. Hotel liability
1. Dorint shall be liable in accordance with statutory provisions for damage and losses incurred with intention and through gross negligence, including on the part of its agents. The same shall apply to claims related to injury to life, limb or health as a result of negligence. In the event of damage to property or assets, Dorint and its agents shall only be liable for breaches of core contractual obligations, though the amount of this liability shall be limited to the losses that are typical for the contract and that are foreseeable at the time of entering into the contract; core contractual obligations shall be obligations whose fulfilment characterises the contract and whose fulfilment the Client can rely on. Should there be disruptions or defects apparent in the Hotel’s services, the Hotel shall endeavour to provide redress when informed or on receiving an immediate complaint from the Client. The Client shall be required to contribute what is reasonable for the Client for the resolution of the disruption and minimising potential damage and to notify the Hotel immediately of any disruptions or damage.
2. The Hotel shall be liable to the Client for property brought into the Hotel in line with the provisions of BGB Sections 701 et seq. up to an amount of €3,500.00. This amount of liability shall be reduced to €800.00 for money, securities and valuables. If the Guest wishes to bring with him or her money, securities or valuables with a value of more than €800.00 or other objects with a value of more than €3,500.00, this shall require a special safekeeping agreement with the Hotel. It is generally recommended to store objects in the Hotel or room safe. Any Hotel liability in excess of this shall be governed by the provisions in section VII.1.
3. If the Client is provided with a parking bay in the Hotel garage or in a Hotel car park – including for a fee – this shall not represent entry into a safekeeping agreement. If vehicles parked or shunted on the Hotel property or the contents of them go missing, the Hotel shall only be liable in accordance with section VII.1.
4. The Hotel shall perform wake-up calls with the greatest diligence. Messages, post and goods received for the Client shall also be treated with the greatest care. The Hotel shall receive and store these items (at the Hotel in either case) and, if desired, forward them for a fee. Subsection 1 shall apply accordingly.
VIII. Concluding provisions
1. Amendments or additions to the contract, to the acceptance of the request or to these terms and conditions for the hotel accommodation contract shall be made in text form. Unilateral amendments or additions by the Client shall be prohibited.
2. The place of performance and payment shall be the registered place of business of the relevant Hotel.
3. The parties shall submit to the exclusive jurisdiction of Cologne for commercial dealings – including for cheque and bill disputes. Where a Party meets the requirement of ‘Zivilprozessordnung’ (German Code of Civil Procedure, ‘ZPO’) Section 38(2) and does not have a venue within Germany, venue shall be the court having jurisdiction for the registered place of business of the Hotel.
4. German laws shall apply exclusively. Application of UN sales law or conflict-of-law provisions shall be prohibited.
5. Should individual provisions of these terms and conditions for the hotel accommodation contract be or become invalid or void, the validity of the remaining provisions shall not be affected thereby. Statutory provisions shall otherwise apply.