TERMS OF SERVICE
GENERAL TERMS AND CONDITIONS FOR TOUR OPERATORS (INDIVIDUAL AND TRAVEL GROUPS) (AGBR) 1 SCOPE AND DEFINITIONS 1.1 These terms and conditions apply to all contracts concluded between the hotel and a tour operator regarding hotel services for individual travelers and / or tour groups (hotel accommodation contract). They do not apply to bookings of rooms or room contingents for events such as meetings, seminars and the like. 1.2 The term "hotel accommodation contract" includes or replaces the following terms: reservation contract, quota agreement, accommodation, guest reception, hotel and hotel room contract. 1.3 Hotel services are all services agreed between the tour operator and the hotel and provided by the hotel, such as hotel rooms, meal arrangements and other offers. 1.4 The customers of the tour operator for which hotel services are booked are referred to below as "individual travelers" or "travel groups" (together also "guests"). A travel group consists of at least 15 persons who are uniformly organized for a common purpose of travel and usually arrive or depart on the same days. 1.5 General terms and conditions of the tour operator apply only if this has been expressly agreed. 2 CONCLUSION OF CONTRACT AND LIMITATION 2.1 The contract is concluded by the acceptance of the request of the tour operator by the hotel. The hotel is free to confirm the booking in writing. 2.2 All claims against the hotel expire in principle one year from the statutory limitation period. Compensation claims become time-barred in five years, depending on knowledge, unless they are based on an injury to life, limb, health or freedom. These claims for damages become statute-barred independent of knowledge in ten years. The limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel. 3 RIGHTS AND OBLIGATIONS OF THE TOUR OPERATOR 3.1 The tour operator is obliged to inform the hotel of its booking status as early as possible or on request. However, the hotel must be informed of this at least 30 days before the arrival date. At the same time, the hotel must be provided with all necessary information about hotel services in accordance with section 1.3. 3.2 The tour operator is obliged to pay the agreed or, if nothing has been agreed, the stated or customary prices of the hotel for the hotel services in accordance with section 1.3 and the additional services used by him. This also applies to services booked by the tour operator directly or at the hotel, which are provided by third parties and are provided by the hotel. 3.3 Guests are only entitled to the hotel services according to section 1.3. The tour operator is obliged to inform its guests about these and to oblige them to provide reasonable security, for example by depositing credit card guarantees, for the possible use of additional services at the request of the hotel. This also applies to guests who are holders of a voucher / voucher. If, despite the hotel's request, no security is provided by the guest and the guest does not pay, these services are to be paid by the tour operator. 3.4 The tour operator must inform his guests about all circumstances and conditions relevant to the stay, in particular about the hotel's liability according to section 8. 3.5 For all questions related to the care of the tour operator's group, the tour operator will ask the hotel Name the contact person who represents this travel group.4 RIGHTS AND OBLIGATIONS OF THE HOTEL 4.1 The Hotel shall be entitled to demand a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, from the tour operator upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract. The hotel has to confirm the receipt of an advance payment or security deposit. 4.2 In justified cases, for example payment arrears of the tour operator or extension of the contract scope, the hotel is entitled, even after conclusion of the contract up to the beginning of the stay an advance payment or security in the sense of the above number 4.1 or an increase in the contract agreed advance payment or security deposit up to the full to demand agreed remuneration. 4.3 The hotel is not entitled to unilaterally make changes to the agreed hotel services. Changes are only effective with the consent of the tour operator. 4.4 The tour operator acquires no claim to the provision of certain rooms, as far as this was not expressly agreed. 4.5 Booked rooms are available to the tour operator from 15:00 on the agreed arrival day. This is not entitled to an earlier provision. 4.6 On the agreed departure day, the rooms must be vacated at the latest by 12 noon. Thereafter, due to the delayed eviction of the room, the hotel may charge 50% of the total price of the reservation until 18:00 o'clock and from 18:00 o'clock for the contractually exceeding usage. Contractual claims of the tour operator are not justified by this. He is free to prove that the hotel has no or a much lower entitlement to user fees incurred. 5 PRICES, PAYMENT, SET-OFF 5.1 The agreed prices include the taxes and local duties applicable at the time of the conclusion of the contract, unless expressly agreed prices without VAT. Not included are local taxes, which are owed by the hotel guest according to the local law, such as visitor's tax. In the event of a change in the legal value added tax or the new introduction, modification or abolition of local taxes on the subject of performance after the conclusion of the contract, the prices will be adjusted accordingly.5.2 The agreed prices apply exclusively in connection with other services, which are offered bundled to the end customer in a service package. They may not be offered as individual prices for simple overnight stays (non-packages) in distribution channels (especially online) to the end customer or third parties. The tour operator is obliged to submit all its other partners and intermediaries to this clause as well. 5.3 Invoices of the hotel without a due date are payable within ten days of receipt of the invoice without deduction. The hotel can demand the immediate payment of due claims at any time from the tour operator. In the event of late payment, the hotel is entitled to demand the applicable statutory default interest. The hotel reserves the right to prove higher damages. 5.4 The tour operator can only offset or charge against a claim of the hotel with an undisputed or legally enforceable claim. 5.5 Agreements about the possible payment of the commission (also "commission") are to be made either in the hotel accommodation contract or in an agreement to be concluded at the same time. If more than one tour operator is responsible for the same booking, the hotel has to pay the commission only once. 6. CANCELLATION OF THE TOUR OPERATOR (CANCELLATION, CANCELLATION) / NO USE OF THE SERVICE OF THE HOTEL (NO SHOW) 6.1 For single travelers: 6.1.1 Tour operator of the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, another legal right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible agreement to a contract cancellation should be made in text form. 6.1.2 If an appointment for free withdrawal from the contract has been agreed between the hotel and the tour operator, the tour operator can withdraw from the contract until then, without triggering claims for payment or compensation from the hotel. The right of withdrawal of the tour operator expires if he does not exercise his right to rescind the hotel by the agreed date.6.1.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel reserves the right to the agreed remuneration despite non-use of the service. The hotel has to take into account the income from other rental of the rooms as well as the saved expenses. If the rooms are not otherwise rented, the hotel may charge the deduction for expenses saved. In this case, the tour operator is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The tour operator is free to prove that the above claim has not arisen or not in the required amount. 6.2 For travel groups: 6.2.1 Unless otherwise agreed in the contract, no other statutory right of withdrawal exists or the hotel does not expressly agree to the cancellation of the contract, cancellation is only possible in accordance with the following conditions. The agreement of a different right of withdrawal as well as the possible consent to a contract cancellation should be made in text form. 6.2.2 The tour operator is entitled to withdraw from the contract for travel groups according to section 1.4: - up to 90 days before arrival of 100% of the agreed total volume, - up to 60 days before arrival of 50% of the agreed total volume, - up to 30 days before arrival of 25% of the agreed total volume. 6.2.3 The right of withdrawal can only be exercised once. When calculating the deadline, the arrival day is not included.6.2.4 The tour operator's right of withdrawal expires if he does not exercise this until the agreed date. 6.2.5 If a right of withdrawal has not been agreed or has already expired, the cancellation shall be made at a later date or in a greater than the contractually permitted extent, there is also no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract Entitlement to the agreed remuneration despite non-use of the service. The hotel has to take into account the income from other rental of the rooms as well as the saved expenses. If the rooms are not otherwise rented, the hotel may charge the deduction for expenses saved. In this case, the tour operator is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The tour operator is free to prove that the above claim has not arisen or not in the required amount.7 CANCELLATION OF HOTEL 7.1 For individual travelers: 7.1.1 If it was agreed that the tour operator within a certain period free of charge, in whole or in part from the contract may withdraw within this period, in turn, the hotel is entitled to withdraw from the contract to the same extent, if inquiries from third parties to the contractually booked rooms are available and as far as the tour operator on request of the hotel with reasonable deadline on his right to resign. 7.1.2 If an advance payment or security deposit agreed or demanded pursuant to Section 4.1 and / or Section 4.2 is not made even after the expiry of a reasonable period of grace set by the hotel, the hotel is also entitled to withdraw from the contract.7.1.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for a materially justified reason, in particular if - force majeure or other circumstances for which the hotel is not responsible make fulfillment of the contract impossible; - Rooms or rooms are culpably booked under misleading or false information or concealment of material facts; the identity of the tour operator or the guest, the solvency or the purpose of the stay may be essential; - the hotel has justified cause to believe that the use of the service can jeopardize the smooth operation, security or reputation of the hotel in public without this being attributable to the hotel's sphere of control or organization; - the purpose or occasion of the stay is unlawful. 7.1.4 The justified resignation of the hotel does not constitute a claim of the tour operator for damages. 7.2 For tour groups: 7.2.1 If it has been agreed in the contract that the tour operator can withdraw completely or partially from the contract free of charge within a certain period, the hotel is entitled within this period to withdraw from the contract to the same extent, if requests from third parties after the contractually booked rooms and as far as the tour operator on request of the hotel with a reasonable deadline on his right to resign. 7.2.2 Within the time limits specified in clause 6.2.2, the hotel is also entitled to partially withdraw from the contract to the same extent as the tour operator, even if the tour operator does not waive its right to withdraw. 7.2.3 If an advance payment or security deposit agreed or demanded in accordance with Section 4.1 and / or Section 4.2 is not made even after the expiry of a reasonable period of grace set by the hotel, the hotel is also entitled to withdraw from the contract. 7.2.4 If the contractual obligation to inform about the booking status mentioned in clause 3.1 sentence 2 is not or not fulfilled within the deadline, the hotel is also entitled to withdraw. The hotel also has the right of withdrawal in the event that the number of guests booked in as a group is reduced to less than 15 (loss of group status according to section 1.4).7.2.5 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for a materially justified reason, in particular if - force majeure or other circumstances for which the hotel is not responsible make the fulfillment of the contract impossible; - Rooms or rooms are culpably booked under misleading or false information or concealment of material facts; the identity of the tour operator or the guest, the solvency or the purpose of the stay may be essential; - the hotel has justified cause to believe that the use of the service can jeopardize the smooth operation, security or reputation of the hotel in public without this being attributable to the hotel's sphere of control or organization; - the purpose or occasion of the stay is unlawful. 7.2.6 The justified resignation of the hotel does not constitute a claim of the tour operator for damages. 8 LIABILITY OF THE HOTEL 8.1 The hotel is liable for any damage caused by injury to body, life or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of contractual obligations of the hotel. A breach of duty of the hotel is equal to that of a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise stipulated in this clause 8. In the event of any disruption or defect in the services of the hotel, the hotel will make every effort, in the knowledge or immediate notice of the tour operator or the guest, to take remedial action. The tour operator or the guest is obliged to contribute to what is reasonable for him, in order to remedy the disturbance and to minimize any possible damage.8.2 The hotel is liable to the guest in accordance with the statutory provisions for items brought in. The hotel recommends the use of the hotel or room safe. If the guest wishes to contribute money, securities and valuables with a value of more than € 800 or other items with a value of more than € 3,500, this requires a separate retention agreement with the hotel. 8.3 Insofar as the tour operator is provided with a parking space in the hotel garage or on the hotel car park, also for a fee, no custody agreement will be concluded. In case of loss or damage on the hotel grounds parked or shunted vehicles and their contents, the hotel is liable only in accordance with the preceding section 8.1, sentences 1 to 4. 8.4 Wake-up calls are executed by the hotel with the utmost care. Messages, mail and goods deliveries for guests are treated with the utmost care. The hotel accepts the delivery, storage and - on request - for a fee the forwarding of the same. The hotel is liable only in accordance with the preceding section 8.1, sentences 1 to 4. 9 FINAL PROVISIONS 9.1 Changes and additions to the contract, the acceptance of the application or these general terms and conditions should be made in writing. Unilateral changes or additions made by the tour operator are ineffective. 9.2 Place of performance and place of payment as well as exclusive place of jurisdiction - also for check and bill of exchange disputes - is in the commercial traffic ... [place please place, alternatively location of the hotel or domicile of the operating company of the hotel]. If a contractual partner fulfills the requirements of § 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be ... [Please enter location, alternatively location of the hotel or domicile of the operating company of the hotel]. 9.3 German law applies. The application of the UN sales law and conflict of laws is excluded. 9.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
TERMS OF SERVICE (PARKING)
CONDITIONS FOR PARKING GARAGES AND HOTEL PARKING LOTS (AGBP)
1 RENTAL AGREEMENT 1.1 Upon acceptance of the parking ticket and / or entry into the parking garage or the hotel parking lot (hereinafter referred to as "parking area"), a rental agreement is concluded between the hotel and the renter for the duration of the parking requested by the renter within the opening hours in accordance with these terms of service , 1.2 Neither guarding nor safekeeping are the subject of this contract. The hotel does not take any care or special care obligations for the things brought in by the renter. 2 USE PROVISIONS 2.1 The Lessee is obliged to comply with the care required in traffic. In particular, the special traffic rules and safety regulations applied in the parking area must be adhered to. Instructions of the hotel staff, which serve the safety or concern the house right, are always to be followed immediately. Incidentally, the provisions of the StVO apply accordingly. 2.2 Vehicles may only be parked within the marked parking spaces, but not on the parking spaces that are reserved by signs for permanent users. The hotel is entitled to implement incorrectly parked vehicles by appropriate measures at the expense of the lessee or have them implemented. For this, the hotel can charge a flat rate; the renter can prove in this case that the costs did not arise or are substantially lower than the lump sum. 2.3 The hotel is also entitled to remove the vehicle of the renter in the event of imminent danger from the parking area. 2.4 Each renter is advised to always carefully close his vehicle after leaving and not to leave any valuables behind. 2.5 The opening hours can be found in the corresponding notices. 3 SAFETY AND ORDER REQUIREMENTS 3.1 The parking area may only be operated at walking pace. 3.2 In the parking area are not allowed: - the smoking and the use of fire, - the storage of supplies, fuel tanks and flammable objects, - the unnecessary running of motors, - the parking of vehicles with leaking tank or carburetor, - refueling, Repairing, washing, cleaning the inside of vehicles, - draining cooling water, supplies or oils, - distributing advertising material. 3.3 The stay in the parking area is permitted only for the purpose of hiring, loading and unloading, as well as the picking up of vehicles.3.4 The lessee has to remove impurities caused by him immediately. 4 FEES / PARKING DURATION 4.1 The amount of the parking fee to be paid and the permissible parking time are stated in the attached, valid price list. 4.2 The maximum parking period is one month, unless a special agreement is made in individual cases. 4.3 After expiry of the maximum parking period, the hotel is entitled to have the vehicle removed from the parking area at the expense of the renter, provided that the tenant and / or vehicle owner has previously given written notice setting a deadline of at least two weeks and no result or value of the vehicle obviously does not exceed the due rent. The hotel is entitled to a fee corresponding to the price list until the vehicle is removed. 4.4 If the parking ticket is lost, at least one charge in the amount of a daily rate is due, unless the renter has a shorter or the hotel has a longer parking time. 4.5 The hotel may check the authorization to pick up and use the vehicle. The proof is u.a. guided by the presentation of the parking ticket; the renter can provide another proof. 4.6 If the renter uses more than one parking space with his vehicle, the hotel is entitled to charge the full parking fee for the number of parking spaces actually used. 5 LIABILITY OF THE HOTEL 5.1 The hotel shall only be liable for damages that have been demonstrably caused by him or his vicarious agents intentionally or through gross negligence. This limitation of liability does not apply in the event of injury to life, limb or health or in the event of a breach of material contractual obligations.5.2 The renter is obliged to report any damage to his vehicle to the hotel without delay. 5.3 The hotel excludes all liability for damages caused by other tenants or other third parties. This applies in particular to damage, destruction or theft of the set vehicle or movable / built-in objects from the vehicle or on or attached to the vehicle things. 5.4 If the tenant is a hotel guest and the hotel takes over the parking or pick-up of the vehicle at the request of the tenant, this also does not constitute a custody contract and monitoring obligation, since this is merely a courtesy of the hotel to the guest. Damage caused to other vehicles or property must be regulated by the motor vehicle liability insurance of the renter / vehicle owner. Furthermore, the hotel and the driver commissioned by the hotel are not liable for the damages incurred directly on the vehicle of the renter and for any financial disadvantages in connection with the regulation of the damage to the other vehicles or property through the renter / vehicle owner's motor liability insurance (deductibles, Premium increases etc.), unless the driver commissioned by the hotel caused the damage intentionally or through gross negligence.6 LIABILITY OF THE TENANT 6.1 The Lessee is liable for any damage inflicted on the Hotel by himself or by his vicarious agents, his agents or accompanying persons. He is obliged to report such damage to the hotel without being asked before leaving the parking area. 6.2 The lessee is liable for the cleaning costs in case of contamination of the parking area caused by him within the meaning of clause 3.2. 7 PFANDRECHT / RETENTION RIGHT / RECOVERY 7.1 The hotel is entitled to a right of retention and legal lien on the hired vehicle of the lessee due to its claims arising from the rental agreement. 7.2 The Hotel shall be entitled to remove and / or use vehicles or trailers without an official license plate if this has been previously threatened with the renter / vehicle owner and he has not complied with the request to remove the vehicle within a reasonable period set by the hotel. Such a threat and request is not required if the tenant / vehicle owner could not be determined even after taking reasonable measures. The renter / vehicle owner is entitled to any proceeds of sale less the costs incurred and the parking fee incurred up to the time the vehicle was removed. 7.3 Without prejudice to the rights in Section 7.1 and Section 7.2, the renter is liable to the hotel for all costs incurred.