Hotel KOCKS General Terms and Conditions
SCOPE OF APPLICABILITY
- These Terms and Conditions govern Contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered to the client by the Hotel.
- Hotel KOCKS rooms may not be sublet or rented to other parties or used for purposes other than lodging without the Hotel’s prior written consent.
- Client terms and conditions shall apply only where agreed in advance.
CONCLUSION OF CONTRACT, PARTIES, LIABILITY, STATUTE OF LIMITATIONS
- Hotel Accommodation Contracts come into force upon the Hotel’s acceptance of a Client’s application for lodgings, rooms or services. The Hotel may, at its discretion, confirm room reservations and bookings in writing.
- The parties to these Contracts are the Hotel and the Client. Any bookings or reservations made by third parties shall make said third party and the Client liable towards the Hotel as joint debtors for all of the obligations arising from the Hotel Accommodation Contract, provided the Hotel has a corresponding declaration from said third party.
SERVICES, PRICES, PAYMENT, SET-OFF
- The Hotel is under duty to keep rooms booked by Clients ready for said Client and to provide the agreed services.
- The Client is under duty to pay the applicable or agreed Hotel prices for rooms and any other services rendered to him. This also applies to services rendered upon the Client’s request and expenses incurred to third parties.
- All agreed prices include the relevant applicable VAT. If the period between contract conclusion and contract performance exceeds 4 months and the prices the Hotel generally charges for such services increases, it may raise the contractually agreed price by a reasonable amount, although not exceeding 5 %.
- The Hotel shall furthermore be entitled to change prices if the Client retrospectively requests to make changes to the number of rooms booked, the services obtained from the Hotel, or the length of the guests’ stay, if the Hotel accepts such changes.
- All Hotel invoices that do not feature a due date are payable without deductions within 10 days of receipt. The Hotel is entitled to demand the payment of accumulated claims with immediate effect. The Hotel is entitled to charge interest to the amount of 8-% points or, with respect to legal transactions involving a consumer, to the amount of 5%-points above the base rate if payments are delayed. The burden of proof of lesser damage shall lie with the Client, and the burden of proof of greater damage with the Hotel.
- The Hotel shall, in accordance with the legal regulations, be entitled to demand a reasonable advance payment or deposit for special accommodation deals upon or after contract conclusion. These advance payments & their payment dates can be agreed in writing in the relevant Contract.
- The client may only offset or reduce any of his claims against the Hotel’s claims against him where such claims are undisputed and legally effective.
CANCELLATION BY CUSTOMER (RESCISSION, REPUDIATION)
- Contracts concluded with the Hotel may only be cancelled subject to the Hotel’s written approval. Should the Hotel fail to approve a cancellation, the price payable under the contract will be payable irrespective of whether or not the Client makes use of the contractually agreed services. This does not apply in the event such cancellations are due to breaches of duty by the Hotel.
- If the Hotel and Client agreed a period of notice for the cancellation of the Contract in writing, the Client may withdraw from the Contract until expiry of this period without becoming liable to fulfilment of any of his payment or damage payment obligations towards the Hotel. The Client’s right to withdraw from the Contract expires upon failure to exercise this right in writing upon expiry of the agreed date unless the Hotel defaults in the provision of its services or is unable to provide these services due to circumstances within its control.
- The Hotel shall be under duty to offset any revenue obtained by letting out rooms that the Client did not use and any associated savings in expenses against its claims against the Client where such rooms / services are not used.
- The Hotel shall furthermore, at its discretion, be entitled to demand a lump sum payment for the corresponding damage to be compensated by the Client. In such a case, the Client shall be under obligation to pay 90 % of the contractually agreed prices for a room with or without breakfast, 70 % for half board and 60 % for full board accommodation. The burden of proof of no or significantly lesser damage than that of the relevant rate caused to the Hotel shall lie with the Client.
CANCELLATION BY THE HOTEL
- If the Client was granted in writing the right to withdraw from the Contract within a specific period of time, the Hotel shall also be entitled to withdraw from the Contract during this period of time if it receives booking requests from other Clients for the contractually agreed rooms and the Client fails, upon the Hotel’s request, to act on his right to withdraw from the Contract.
- The Hotel shall also be entitled to withdraw from the Contract if the Client fails to pay an agreed advance payment after expiry a reasonable period of grace specified by the Hotel and under warning of non-performance of service.
- The Hotel shall furthermore be entitled to extraordinary termination of the Contract for objective reasons such as being prevented from performing the Contract due to force majeure or other circumstances outside its control.
ADMISSION TO HOTEL
- Making room bookings using misleading or incorrect details such as respecting the Client’s personal details or purpose of the booking;
- The Hotel has justifiable cause to believe that its acceptance of a particular Client will cause disruption to its operations, safety or the Hotel’s reputation, without the cause for this lying within the Hotel’s area of control or organisation.
- The Hotel must notify Clients immediately when exercising its right to withdraw from the Contract.
- The Client shall not be entitled to any compensation where such a withdrawal is legitimate.
PROVISION OF ROOMS, CHECKING-IN AND CHECKING-OUT
- Clients are not entitled to the provision of a particular room.
- Clients may access their rooms from 14 hrs on the agreed day of arrival. Clients are not entitled to check in at an earlier time.
- Clients have to check out and vacate their rooms on the day of departure by 11 am. Thereafter, the Hotel may charge Clients 50 % of the full room rate (list price) upon failure to vacate their rooms by 18 hrs, and thereafter 100 % of the full room rate for compensation. The burden of proof of no or significantly lower damage lies with the Client.
- The Hotel shall accept liability for its duties arising from the Contract with the due diligence of a prudent business man. This does not include damage such as a loss of life, personal injury or damage to health if the Hotel neglected its duties and other damage arising from a deliberate or gross neglect of duty by the Hotel. A neglect of duty by the Hotel includes that of any of its legal representatives or assistants. If the Hotel’s services are disrupted or faulty, the Hotel shall endeavour to remedy this situation as soon as such a circumstance comes to its attention or immediately upon a Client’s complaint. The Client shall be under duty to contribute within reason to remedying the disruption and to limiting any potential damage to the greatest extent possible.
- The Hotel shall only accept liability for objects brought into the Hotel by Clients in accordance with the legal regulations, i.e. up to a value of 100-times the daily room rate, a minimum amount of EUR 600, and a maximum amount of Euro 3,500. The Hotel shall only be liable for money, securities and valuables to a maximum amount of Euro 800. Money, securities and valuables up to a maximum value of Euro 15,000 may be stored in the Hotel’s safe. The Hotel strongly recommends making use of this service. Liability claims expire if Clients fail to notify the Hotel immediately upon detecting the relevant loss, destruction or damage (§ 703 GCC). The above does not apply to objects that had been handed over to the Hotel for safekeeping or if the loss, destruction or damage was caused by the Hotel or its associates.
- The Hotel’s unlimited liability is governed by the relevant legal provisions (§ 701 GCC).
- The provision of a Client with a free or paid parking space in the Hotel’s car park does not constitute the conclusion of a custody agreement. The Hotel shall not be liable for any loss or damage to vehicles left or parked on the Hotel grounds or for their contents, unless said loss or damage was deliberate or the result of gross neglect. The same also applies to the Hotel’s assistants.
- The Hotel treats all wake-up calls with the greatest of care. Claims for damages are excluded unless where based on gross neglect or deliberate intent.
- Messages, mail and goods deliveries for guests are always treated with the utmost of care. The Hotel will deliver, keep safe and will, upon request and for a fee, also forward such items. Claims for damages are excluded unless were based on gross neglect or deliberate intent.
- All claims against the Hotel shall lapse after one year from the day of notification of the relevant incident in accordance with the regular limitation period specified in § 199, section 1 GCC. Claims for compensation lapse after a period of five years irrespective of their date of notice. These restrictions on the period of limitations do not apply to claims that are based on deliberate or gross neglect of duty by the Hotel.
- Any changes or amendments to this Contract, booking/reservation or Contract acceptances, or to these Terms and Conditions for admission to the Hotel have to be made in writing. Unilateral changes or amendments by the Client do not have any legal effect.
- The place of fulfilment and payment is the domicile of the Hotel.
- The sole court of jurisdiction – including for disputes for checks and bills of exchange – for all commercial dealings, is the domicile of the Hotel. If a Contractual Partner complies with the requirements of § 38, section 1, COCP and does not have any national place of general jurisdiction, the jurisdiction of the domicile of the Hotel shall apply.
- This Contract is subject to German law.
- If any of the provisions of these Terms and Conditions of Business for Hotel accommodation prove to be or become invalid or null, this shall not affect the effectiveness of the remaining provisions. The remainder shall be governed as provided by law.