AGB
GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
1 SCOPE
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services provided to the customer in this context
Hotel supplies (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 subletting of the rooms provided and their use for purposes other than accommodation require the hotel's prior consent in text form, whereby § 540 paragraph
1 Sentence 2 BGB is waived unless the customer is a consumer within the meaning of Section 13 BGB.
1.3 The customer's general terms and conditions only apply if this has been expressly agreed upon in writing beforehand.
2 CONCLUSION OF CONTRACT, PARTNER, STATUTE OF LIMITATIONS
2.1 The contractual partners are the hotel and the customer. The contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the room booking in text form.
2.2 All claims against the hotel generally expire one year from the start of the statutory limitation period. This does not apply to claims for damages or other claims, if the latter
based on an intentional or grossly negligent breach of duty by the hotel.
3 SERVICES, PRICES, PAYMENT, OFFSETTING
3.1 The hotel is obliged to keep the rooms booked by the customer available 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 ordered by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel.
3.3 The agreed prices include taxes and local charges applicable at the time the contract is concluded. Local taxes, which are levied according to the respective municipal law, are not included
are owed by the guest themselves, such as tourist tax. If there is a change in the statutory sales tax or the introduction, change or abolition of local taxes on the subject of the service after the contract has been concluded, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion of the contract and fulfillment of the contract exceeds four months.
3.4 The hotel may give its consent to a subsequent reduction in the number of rooms booked, the service provided by the hotel or the length of stay of the customer requested by the customer
make it dependent on the price of the rooms and/or other hotel services increasing appropriately.
3.5 Hotel invoices are due for payment immediately upon receipt without deduction. If payment by invoice has been agreed, payment must – unless otherwise agreed – be made within
ten days from receipt of the invoice without deduction.
3.6 The hotel is entitled to demand an appropriate advance payment or security, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment
and the payment dates can be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the legal provisions remain unaffected.
If the customer defaults on payment, the statutory regulations apply.
3.7 In justified cases, for example if the customer is in arrears on payment or an extension of the scope of the contract, the hotel is entitled to make an advance payment even after the contract has been concluded up to the start of the stay
or security within the meaning of Section 3.6 above or an increase in the amount specified in the contract
General terms and conditions for the hotel accommodation contract (AGBH 8.0)
© Hotel Association Germany (IHA) eV Page 6
to demand the agreed advance payment or security deposit up to the full agreed remuneration.
3.8 The hotel is also entitled to demand from the customer an appropriate advance payment or security deposit within the meaning of Section 3.6 above for existing and future ones at the beginning and during the stay
To demand claims from the contract, unless such claims have already been made in accordance with the previous paragraph
3.6 and/or Section 3.7 has been made.
3.9 The customer can only offset or set off an undisputed or legally binding claim against a claim of the hotel.
3.10 The customer agrees that the invoice will be sent to him electronically
can.
4 CUSTOMER WITHDRAWAL (CANCELING, CANCELLATION)/
FAILURE TO USE THE HOTEL SERVICES (NO SHOW)
4.1 The customer can only withdraw from the contract concluded with the hotel if there is a right of withdrawal
has been expressly agreed in the contract, there is a statutory right of withdrawal or if
the hotel expressly agrees to the cancellation of the contract.
4.2 If an appointment to withdraw from the contract free of charge has been agreed between the hotel and the customer
the customer can withdraw from the contract until then without any claims for payment or compensation
of the hotel.
4.3 If a right of withdrawal has not been agreed or has already expired, there is no legal right of withdrawal
Right of termination and if the hotel does not agree to the cancellation of the contract, the hotel retains the claim
to the agreed remuneration despite non-use of the service. The hotel has the income
from renting the rooms elsewhere as well as the expenses saved.
If the rooms are not rented to someone else, the hotel can take a deduction for saved expenses
generalize. In this case, the customer is obliged to pay 90% of the contractually agreed price
for overnight stays with or without breakfast as well as for package arrangements with third-party services, 70%
to be paid for half board and 60% for full board arrangements. The customer has proof
free that the aforementioned claim did not arise or did not arise to the required amount.
5 WITHDRAWAL 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 there are inquiries from other customers about the contractually booked rooms and the customer
The hotel does not waive its right to withdraw from the hotel after setting a reasonable deadline. This
applies accordingly when an option is granted if there are other inquiries and the customer
The hotel is not prepared to make a firm booking after a reasonable deadline has been set.
5.2 If an advance payment or security deposit is agreed or required in accordance with Section 3.6 and/or Section 3.7
not made even after a reasonable grace period set by the hotel has expired,
the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons,
especially if
– force majeure or other circumstances for which the hotel is not responsible prevents the fulfillment of the contract
to make impossible;
– Rooms or rooms culpably provided misleading or false information or concealed essential information
facts are recorded; The identity of the customer and the ability to pay can be important
or the purpose of the stay;
General terms and conditions for the hotel accommodation contract (AGBH 8.0)
© Hotel Association Germany (IHA) eV Page 7
– the hotel has reasonable grounds to believe that the use of the service
smooth business operations, security or the hotel's public image
can endanger the hotel without this being attributable to the control or organizational area of the hotel
is;
– the purpose or reason for the stay is unlawful;
– there is a violation of Section 1.2 above.
5.4 The hotel's justified withdrawal does not constitute the customer's right to compensation.
6 ROOM PROVISION, DELIVERY AND RETURN
6.1 The customer does not acquire any right to the provision of specific rooms, unless this is expressly stated
was agreed in text form.
6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival day. The
Customer has no right to earlier provision.
6.3 On the agreed departure day, the rooms are available to the hotel by 12:00 p.m. at the latest
deliver. After that, the hotel may be responsible for the late vacating of the room
Use beyond the contract until 6:00 p.m. 50% of the full accommodation price (price according to the price list)
invoice, 90% from 6:00 p.m. The customer's contractual claims are thereby voided
not justified. He is free to prove that the hotel has no or significantly lower
Entitlement to a usage fee has arisen.
7 LIABILITY OF THE HOTEL
7.1 The hotel is liable for damages resulting from injury to life, body or for which it is responsible
The Health. Furthermore, it is liable for other damages resulting from intentional or grossly negligent actions
Breach of duty by the hotel or due to an intentional or negligent violation
based on typical contractual obligations of the hotel. Typical contractual obligations are those that:
the proper execution of the contract is only possible and the customer is responsible for its fulfillment
trusted and can be trusted. A breach of duty by the hotel is that of a legal representative
or vicarious agents. Further claims for damages are included in this section 7
not otherwise regulated, excluded. Should there be any disruptions or deficiencies in the hotel's services
occur, the hotel will endeavor to do so upon knowledge or immediate complaint from the customer
to provide a remedy. The customer is obliged to do what is reasonable for him to remedy the problem
and to keep possible damage to a minimum.
7.2 The hotel is liable to the customer for items brought in in accordance with the statutory provisions. The
Hotel recommends using the hotel or room safe. If the customer has money, securities and
Valuable items with a value of more than 800 euros or other items with a value of more than
If you wish to bring in 3,500 euros, this requires a separate storage agreement with the
Hotel.
7.3 If the customer has a parking space in the hotel garage or in the hotel parking lot, even for a fee,
is made available, this does not result in a custody agreement being concluded. In case of loss
or damage to motor vehicles parked or maneuvered on the hotel property and their contents
the hotel is only liable in accordance with Section 7.1, sentences 1 to 4 above.
7.4 Wake-up calls are carried out by the hotel with the greatest care.
Messages for customers are handled with care. The hotel can by prior arrangement
with the customer the acceptance, storage and - upon request - the forwarding of the goods for a fee
Take over mail and shipments of goods. The hotel is only liable in accordance with the above
Number 7.1, sentences 1 to 4.
General terms and conditions for the hotel accommodation contract (AGBH 8.0)
© Hotel Association Germany (IHA) eV Page 8
8 FINAL PROVISIONS
8.1 Changes and additions to the contract, the acceptance of the application or these general terms and conditions
should be in text form. Unilateral changes or additions are ineffective.
8.2 Place of performance and payment as well as exclusive place of jurisdiction - also for check and bill of exchange disputes
– is in commercial transactions… [Please enter the location, either the location of the hotel or
Headquarters of the hotel operating company]. If the customer meets the requirements of Section 38 Paragraph 2 ZPO
fulfilled and does not have a general place of jurisdiction within the country, is deemed to be the place of jurisdiction... [Please enter location,
either location of the hotel or headquarters of the hotel's operating company].
8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
8.4 In accordance with the legal obligation, the hotel points out that the European Union
an online platform for the out-of-court settlement of consumer disputes (“OSPlatform”)
has set up: http://ec.europa.eu/consumers/odr/
However, the hotel does not take part in dispute resolution procedures before consumer arbitration boards.
Or optionally insert:
The hotel undertakes to participate. Further information on the OS platform, see Art. 14 Paragraph 2
ODR regulation.
GENERAL TERMS AND CONDITIONS FOR EVENTS
1 Scope
1.1 These terms and conditions apply to contracts for the rental of the hotel's conference, banquet and event rooms for the organization of events such as banquets, seminars, meetings, exhibitions and presentations, etc. as well as to all other services and deliveries provided to the customer in this context the hotel.
1.2 The subletting or subletting of the rooms, areas or showcases provided as well as invitations to interviews, sales or similar events require the hotel's prior consent in writing, whereby Section 540 Paragraph 1 Sentence 2 BGB is waived unless the customer is a consumer is.
1.3 The customer's general terms and conditions only apply if this has been expressly agreed upon in advance.
2 Conclusion of contract, partners, liability, statute of limitations
2.1 The contractual partners are the hotel and the customer. The contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the booking of the event in text form.
2.2 The hotel is liable for damages resulting from injury to life, body or health for which it is responsible. 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 the hotel's typical contractual obligations. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages, unless otherwise regulated in Section 9, are excluded. If disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation upon knowledge or immediate complaint from the customer. The customer is obliged to do what is reasonable for him to remedy the disruption and keep any possible damage to a minimum. Furthermore, the customer is obliged to inform the hotel in a timely manner of the possibility of exceptionally high damage occurring.
2.3 All claims against the hotel generally expire one year from the start of the statutory limitation period. This does not apply to claims for damages or other claims if the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3 Services, prices, payment, offsetting
3.1 The hotel is obliged to provide the services ordered by the customer and promised by the hotel.
3.2 The customer is obliged to pay the hotel's agreed or applicable prices for these and other services used. This also applies to services ordered by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel. This also applies in particular to claims from copyright collecting societies.
3.3 The agreed prices include taxes applicable at the time the contract is concluded.
In the event of changes to the statutory sales tax or the introduction, change or abolition of local taxes on the subject of the service after conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion of the contract and fulfillment of the contract exceeds four months.
3.4 Hotel invoices without a due date are payable without deductions within ten days of receipt of the invoice. The hotel can demand immediate payment of outstanding claims from the customer at any time. If the customer defaults on payment, the statutory regulations apply. The hotel reserves the right to prove greater damage.
3.5 The hotel is entitled to demand an appropriate advance payment or security, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract. If the customer defaults on payment, the statutory regulations apply.
3.6 In justified cases, for example the customer's payment arrears or expansion of the scope of the contract, the hotel is entitled to make an advance payment or security deposit within the meaning of Section 3.5 above, even after conclusion of the contract up to the start of the event, or to increase the advance payment or security deposit agreed in the contract up to the full amount to demand the agreed remuneration.
3.7 The customer can only offset or set off an undisputed or legally binding claim against a claim of the hotel.
4 Withdrawal of the customer (cancellation, cancellation)
4.1 The customer can only withdraw from the contract concluded with the hotel 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 on a right of withdrawal and any consent to cancel the contract should each be made in text form.
4.2 If a date for 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 any claims for payment or damages from the hotel. The customer's right of withdrawal expires if he does not exercise his right to withdraw 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 statutory right of withdrawal or termination and the hotel does not agree to the cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel must credit the income from renting the rooms to other parties as well as the expenses saved. The expenses saved in each case can be lumped together in accordance with sections 4.4, 4.5 and 4.6. The customer is free to prove that the claim did not arise or did not arise to the required amount. The hotel is free to prove that a higher claim has arisen.
4.4 If the customer only withdraws between the 8th and 4th week before the event date, the hotel is entitled to charge 35% of the lost food sales in addition to the agreed rental price, and 70% of the food sales for any subsequent cancellation.
4.5 The calculation of the food turnover is carried out according to the formula: Agreed menu price x number of participants. If no price has yet been agreed for the menu, the cheapest 3-course menu of the current event offer will be used.
4.6 If a conference flat rate per participant has been agreed, the hotel is entitled to charge 60% of the conference flat rate x the agreed number of participants in the event of cancellation between the 8th and 4th week before the event date, and 85% in the event of a later cancellation.
5 Cancellation 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 there are inquiries from other customers about the contractually booked event rooms and the customer responds to the hotel's request with appropriate notice deadline does not waive his right to withdraw.
5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.5 and/or Section 3.6 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
– Force majeure or other circumstances for which the hotel is not responsible make fulfillment of the contract impossible;
– Events or rooms are culpably booked using misleading or false information or concealing essential facts; The identity of the customer, the ability to pay or the purpose of the stay may be important;
– the hotel has reasonable grounds to believe that the event may endanger the smooth running of business, the security or the public reputation of the hotel, without this being attributable to the control or organizational area of the hotel;
– the purpose or reason for the event is unlawful;
– there is a violation of Section 1.2.
5.4 The hotel's justified withdrawal does not constitute the customer's right to compensation.
6 Changes to the number of participants and the event time
6.1 An increase in the number of participants by more than 5% must be communicated to the hotel at least five working days before the start of the event; it requires the hotel's consent, which should be in text form. The billing is based on the actual number of participants, but at least 95% of the agreed higher number of participants. If the actual number of participants is lower, the customer has the right to reduce the agreed price by the additional expenses saved due to the lower number of participants, which he can prove.
6.2 If the number of participants is reduced by more than 5%, the hotel should be notified in good time, at least five working days before the start of the event. The billing is based on the actual number of participants, but at least 95% of the ultimately agreed number of participants. Section 6.1 sentence 3 applies accordingly.
6.3 If the number of participants is reduced by more than 10%, the hotel is entitled to exchange the confirmed rooms, taking into account the possibly different room rent, unless this is unreasonable for the customer.
6.4 If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel can invoice appropriately for the additional service provided, unless the hotel is at fault.
7 Bringing food and drinks
The customer is generally not allowed to bring food and drinks to events. Exceptions require an agreement with the hotel. In these cases, a contribution will be charged to cover overhead costs.
8 Technical facilities and connections
8.1 If the hotel procures technical and other equipment from third parties for the customer at the customer's request, it acts in the name, with authority and on behalf of the customer.
The customer is liable for careful treatment and proper return. He releases the hotel from all third-party claims arising from the provision of these facilities.
8.2 The use of the customer's own electrical systems using the hotel's power network requires the customer's consent. Any malfunctions or damage to the hotel's technical systems caused by the use of these devices will be borne by the customer, unless the hotel is responsible for this. The hotel may record and charge a flat rate for the electricity costs arising from use.
8.3 The customer is entitled, with the consent of the hotel, to use his own telephone, fax and data transmission facilities. The hotel may charge a connection fee for this.
8.4 If suitable hotel systems remain unused due to the customer's own systems being connected, a loss compensation may be charged.
8.5 Malfunctions in technical or other facilities provided by the hotel will be eliminated immediately if possible. Payments cannot be withheld or reduced unless the hotel is responsible for these disruptions.
9 Loss or damage to items brought with you
9.1 Any exhibition or other items, including personal items, are located in the event rooms or in the hotel at the customer's risk. The hotel assumes no liability for loss, destruction or damage, including financial loss, except in the event of gross negligence or intent on the part of the hotel. Excluded from this are damages resulting from injury to life, body or health. In addition, all cases in which safekeeping represents a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.
9.2 Any decorative material brought along must meet the fire protection requirements. The hotel is entitled to request official proof of this. If such proof is not provided, the hotel is entitled to remove material that has already been brought in at the customer's expense. Due to possible damage, the placement and attachment of items must be coordinated with the hotel in advance.
9.3 Exhibition items or other items brought along must be removed immediately after the end of the event. If the customer fails to do this, the hotel may carry out the removal and storage at the customer's expense. If the items remain in the event room, the hotel can charge appropriate compensation for use for the duration of the room's withholding.
10 Customer liability for damages
10.1 If the customer is an entrepreneur, he is liable for all damage to the building or inventory caused by event participants or visitors, employees, other third parties from his area or himself.
10.2 The hotel may require the customer to provide appropriate security, for example in the form of a credit card guarantee.
11 Final provisions
11.1 Changes and additions to the contract, the acceptance of the application or these general terms and conditions should be made in text form. Unilateral changes or additions by the customer are invalid.
11.2 The place of fulfillment and payment as well as the exclusive place of jurisdiction - also for check and bill of exchange disputes - is the location of the hotel in commercial transactions. If a contractual partner meets the requirements of Section 38 Paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the location of the hotel.
11.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
11.4 Should individual provisions of these general terms and conditions for events be or become ineffective or void, this will not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply.
© Hotel Association Germany (IHA) eV - as of November 2014
GENERAL TERMS AND CONDITIONS FOR ORDERS IN THE ONLINE SHOP
1 Scope
The following terms and conditions apply to all orders via our online shop.
2 contractual partners, conclusion of contract
The purchase contract is concluded with Hotel Voss GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after submitting your order, you will receive another confirmation by email.
3 Contract language, contract text storage
The language available for concluding the contract is German.
We save the contract text and send you the order details and our general terms and conditions by email. For security reasons, the contract text is no longer accessible via the Internet.
4 delivery conditions
We deliver within Germany.
Shipping costs are not included in the purchase price and are shown separately during the ordering process. You must pay additional shipping costs unless free shipping is guaranteed.
We only deliver by mail. Unfortunately, a self collection of the product is not possible.
Goods will be delivered to the delivery address you provided. The delivery of the order confirmation and invoice to the email address you provided. The delivery address or email address you provide is crucial for the success of the delivery.
5 payment
The following payment methods are generally available to you in our shop:
PAYPAL
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, identify yourself with your access data and confirm the payment instructions to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.
CREDIT CARD
When you place your order, you also provide us with your credit card details.
Once you have been authenticated as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after placing your order. The payment transaction is carried out automatically by the credit card company and your card is charged.
GIROPAY
You pay the invoice amount via your bank's online banking, which you will be directed to during the ordering process. You log in as usual, for example with your account number and PIN and authorize your payment, for example with a TAN. Your bank must participate in the Giropay process.
6 Retention of title
The goods remain our property until full payment.
7 transport damage
If goods are delivered with obvious transport damage, please report such errors to the delivery person as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance company.
8 Warranty and Guarantees
Unless expressly agreed otherwise below, the statutory liability law applies.
The limitation period for claims for defects for used items is one year from delivery of the goods.
The above restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, body or health,
in the event of intentional or grossly negligent breach of duty or fraudulent intent,
in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations)
as part of a guarantee promise, if agreed or
as far as the scope of application of the Product Liability Act is opened.
Information about any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
9 Liability
We always have unlimited liability for claims due to damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, body or health,
in the event of intentional or grossly negligent breach of duty,
in the case of guarantee promises, if agreed, or
as far as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage that typically has to be expected is limited. Otherwise, claims for damages are excluded.
10 Dispute Resolution
The European Commission has provided a platform for online dispute resolution, which you can access at https://ec.europa.eu/consumers/odr/. Our email address is: info@hotel-voss.com
We will not take part in a dispute resolution procedure before a consumer arbitration board within the meaning of the Consumer Dispute Settlement Act and are not obliged to do so.
As of: December 3, 2018
