General Terms and Conditions for the Hotel Admission Agreement
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries of the hotel provided to the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
1.2 The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby Section 540 paragraph 1 sentence 2 BGB, insofar as the customer is not a consumer.
1.3 General terms and conditions of the customer shall only apply if this has been expressly agreed in advance.
2 CONTRACT CONCLUSION, -PARTNER, LIMITATION
2.1 The contractual partners are the hotel and the customer. The contract is concluded by the acceptance of the customer’s application by the hotel. The hotel is free to confirm the room booking in text form.
2.2 All claims against the hotel shall be time-barred in one year from the commencement of the statutory limitation period. This does not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty on the part of the hotel.
3 SERVICES, PRICES, PAYMENT, OFFSETTING
3.1 The hotel is obliged to provide the rooms booked by the customer and to provide the agreed services.
3.2 The customer is obliged to pay the hotel’s agreed or applicable prices for the room rental and the other services used by him. This also applies to services commissioned directly by the customer or through the hotel, which are provided by third parties and issued by the hotel.
3.3 The agreed prices are inclusive of the taxes and local charges in force at the time of conclusion of the contract. It does not include local taxes, which are owed by the guest himself according to the respective municipal law, such as tourist tax.
In the event of a change in the statutory value added tax or the reintroduction, modification or abolition of local taxes on the subject of the service after the conclusion of the contract, the prices are adjusted accordingly. In the case of contracts with consumers, this applies only if the period between the conclusion of the contract and the performance of the contract exceeds four months.
3.4 The Hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s performance or the length of stay of the Client subject to an increase in the price of the rooms and/or other services of the hotel. Offers and discounts do not apply during high season and for externally organized courses.
3.5 Invoices of the hotel without due date are payable without deduction within ten days from receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. In the event of a delay in payment by the customer, the statutory provisions shall apply. The hotel reserves the right to prove a higher damage.
3.6 The hotel is entitled to demand from the customer a reasonable advance payment or security, for example in the form of a credit card guarantee, at the time of conclusion of the contract. The amount of the prepayment and the payment dates can be agreed in text form in the contract. In the case of advance payments or security for package holidays, the statutory provisions remain unaffected. In the event of a delay in payment by the customer, the statutory provisions shall apply.
3.7 In justified cases, e.g. arrears of payment by the customer or extension of the scope of the contract, the hotel is entitled to make a advance payment or security deposit within the meaning of clause 3.6 above even after the conclusion of the contract until the beginning of the stay or demand an increase in the advance payment or security agreed in the contract up to the full agreed remuneration.
3.8 The hotel is also entitled to demand from the customer at the beginning and during the stay an appropriate advance payment or security within the meaning of paragraph 3.6 above for existing and future claims arising from the contract, unless such has already been made in accordance with paragraph 3.6 and/or paragraph 3.7 above.
3.9 The customer can only offset or offset against a claim of the hotel with an undisputed or legally binding claim.
4 CUSTOMER’S CANCELLATION (CANCELLATION, CANCELLATION) / NON-USE OF THE HOTEL’S SERVICES (NO SHOW)
4.1 A withdrawal of the customer from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, if there is another legal right of withdrawal or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible approval of a termination of the contract shall be made in text form.
4.2 If an appointment for the free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract until then without triggering payment or compensation claims of the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal from the hotel by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired, there is no legal right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use performance. The hotel shall take into account the income from other rental of the rooms as well as the expenses saved. If the rooms are not rented out elsewhere, the hotel may flat-rate the deduction for saved expenses. In this case, the customer 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 customer is free to prove that the aforementioned claim did not arise or did not arise at the required amount.
5 RESIGNATION OF THE HOTEL
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if requests from other customers for the contractually booked rooms upon request from the hotel with a reasonable period of time, the customer does not waive his right to withdraw from the contract.
5.2 If an advance payment or security provided or requested in accordance with clause 3.6 and/or clause 3.7 is not made even after a reasonable grace period set by the hotel has elapsed, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if:
– Force majeure or other circumstances beyond the control of the hotel make the performance of the contract impossible;
– rooms or rooms are booked culpably under misleading or false indication or concealment of essential facts; essential may be the identity of the customer, the solvency or the purpose of residence;
– the hotel has reasonable grounds to believe that the use of the service may jeopardise the smooth operation, security or reputation of the hotel in public, without this to the area of the hotel’s control or organisation attributable to it;
– the purpose or reason for the stay is unlawful;
– there has been a breach of the above-mentioned clause 1.2.
5.4 The justified withdrawal of the hotel does not give rise to any claim of compensation for damages by the customer.
6 ROOM PROVISION, HANDOVER AND RETURN
6.1 The customer does not acquire any claim to the provision of certain rooms, unless this has been expressly agreed.
6.2 Booked rooms are available to the customer from 14:00 on the agreed day of arrival. The customer is not entitled to an earlier deployment.
6.3 On the agreed day of departure, the rooms must be vacated by 10:00 at the latest. Thereafter, due to the delayed evacuation of the room, the hotel can charge 50 of the full accommodation price (list price) for its use in excess of the contract until 18:00, from 18:00 100. Contractual claims of the customer are not justified by this. He is free to prove that the hotel has no or a much lower right to a user fee.
7 COMPANY’S LIABILITY
7.1 The hotel is liable for damages for which it is responsible for injury to life, body or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty on the part of the hotel or on an intentional or negligent breach of the hotel’s contractual obligations. A breach of duty on the part of the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in this clause 7. In the event of any disturbance or defect in the hotel’s services, the hotel will endeavour to remedy the situation if the customer is aware or immediately reprimanded. The customer is obligated to contribute what is reasonable to him in order to rectify the fault and to minimize possible damage.
7.2 The hotel is liable to the customer in accordance with the statutory provisions for items brought in. The hotel recommends the use of the hotel or in-room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
7.3 Insofar as a parking space is made available to the customer in the hotel car park, also for a fee, no custody contract is concluded. In the event of loss or damage to the hotel property of parked or ranked motor vehicles and their contents, the hotel shall only be liable in accordance with the above clause 7.1, sentences 1 to 4.
7.4. No liability is assumed for cloakrooms in public spaces.
7.5. Bathing in the water reservoir is at your own risk.
7.6. No liability is assumed for damage to persons or objects caused by the horses or animals living on the hotel premises. The riding of the horses is at your own responsibility.
8 FINAL DETERMINATIONS
8.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the customer are ineffective.
8.2. Spanish law applies. The court is Jimena de la Frontera.