General terms and conditions for the hotel accommodation contract of Arena Stadthotels GmbH, Friedberger Landstrasse 285, 60389 Frankfurt.
I. Scope
1. These terms and conditions (hereinafter “GTC”) apply to hotel accommodation contracts (hereinafter “contract”) as well as all other services and deliveries provided by the hotel for the guest.
2. Deviating provisions, even if they are contained in the general terms and conditions of the guest or the customer, do not apply unless they are expressly recognized in writing by the hotel.
II. Conclusion of contract
1. Upon a booking request from the guest, a contract is concluded with the corresponding booking confirmation from the hotel.
2. Contractual partners are the hotel and the guest. If a third party makes the booking for the guest, they are liable to the hotel as the customer together with the guest
Joint and several debtors for all obligations arising from the contract. Irrespective of this, every customer is obliged to forward all relevant information, in particular these General Terms and Conditions, to the guest.
III. Services, prices, payment
1. The hotel is obliged to keep the rooms booked by the guest available in accordance with these GTC and to provide the agreed services.
2. The guest is obligated to pay the applicable or agreed hotel prices for rooms provided and for other services used.
3. The agreed prices include the respective statutory VAT.
4. Hotel invoices are payable immediately upon receipt without deduction. In the event of late payment, the hotel is entitled to charge consumers default interest of 5% above the base rate and commercial guests or customers default interest of 8% above the base rate. The hotel can charge a reminder fee of €10.00 for each reminder sent after default.
5. The hotel is entitled to demand a reasonable advance payment or security upon conclusion of the contract or thereafter. The amount of the advance payment and its due date can be agreed in writing in the contract. The hotel is also entitled to issue an interim invoice to make any claims that have accrued during the guest’s stay at the hotel due at any time and to demand immediate payment.
The guest can only offset an undisputed or legally established claim.
IV. Withdrawal of the guest, cancellation
The hotel grants the guest the right to withdraw at any time. The following provisions apply:
1. In the event of a guest’s cancellation of the booking, the hotel is entitled to reasonable compensation.
The hotel has the choice of claiming a cancellation fee from the guest instead of a specifically calculated compensation. The cancellation fee is at least 90% of the contractually agreed price for all overnight stays. In individual cases, especially for bookings for overnight stays at trade fair dates,
a cancellation fee i. hv 100% to be agreed.
2. The above regulations on compensation apply accordingly if the guest does not use the booked room or the booked services without notifying them in good time. Special deadlines for timely notification of non-appearance can be agreed individually.
3. If the hotel has given the guest a deadline in the contract for timely withdrawal, the hotel has no right to compensation if the withdrawal occurs within this period. The guest must declare the withdrawal in writing. Decisive for the timeliness of the declaration of withdrawal is its receipt by the hotel.
V. Cancellation of the hotel
1. If an agreed advance payment or security deposit is not made within a period set for this purpose, the hotel is entitled to withdraw from the contract.
2. Furthermore, the hotel is entitled to withdraw from the contract for important reasons.
3. The hotel must immediately inform the guest in writing of the exercise of the right of withdrawal.
4. In the aforementioned cases of withdrawal, the guest is not entitled to compensation.
VI. Arrival and departure
1. The guest does not acquire the right to be provided specific rooms unless the hotel has confirmed in writing that specific rooms are provided.
Booked rooms are available to the guest from 3:00 p.m. on the agreed day of arrival. The guest has no right to earlier provision.
2. Booked rooms are to be occupied by the guest no later than 6:00 p.m. on the agreed day of arrival. Unless a later arrival time has been expressly agreed, the hotel has the right to allocate booked rooms to someone else after 6 p.m. without the guest being able to derive any claims for compensation from this. In this respect, the hotel has a right of withdrawal.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After that, the hotel can charge the full daily room price for the additional use of the room up to 6 p.m. in addition to the damage incurred.
VII. Liability of the hotel, statute of limitations
1. If the guest culpably fails to notify the hotel of a defect, a claim for a reduction in the contractually agreed fee does not arise.
2. The hotel is only liable for other damage caused by slight negligence if this can be attributed to the violation of an essential contractual obligation in a way that endangers the purpose of the contract. In these cases, liability is limited to the foreseeable damage typical of the contract.
3. In the case of other damage, the liability of the hotel for each individual case of damage and all cases of damage arising from and in connection with the contractual services is limited to an amount of max. € 500,000.00 for property damage and to max. € 100,000.00 limited for financial losses.
4. The above limitations of liability apply to all claims for damages, regardless of their legal basis, including claims based on tort.
The above limitations of liability also apply in cases of any
Claims for damages by a guest against employees or vicarious agents of the hotel.
5. The hotel is liable to the guest for items brought in according to the statutory provisions.
For valuables, this liability is limited to € 800.00. Money and valuables kept in the hotel safe are insured up to a maximum value of €5,000.
6. The liability claims expire if the guest does not report the loss, destruction or damage to the hotel immediately after becoming aware of it.
7. Claims for damages by the guest become time-barred no later than two years from the time the guest becomes aware of the damage, or regardless of this knowledge, no later than three years from the time of the damaging event.
This does not apply to liability for damage resulting from injury to life, limb or health or for other damage based on an intentional and grossly negligent breach of duty by the hotel, a legal representative or vicarious agent of the hotel.
VIII. Final Provisions
1. Changes or additions to the contract, the acceptance of applications or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
2. The place of performance and payment is the hotel’s registered office.
3. The exclusive place of jurisdiction – also for check and bill of exchange disputes – in commercial transactions is the hotel’s registered office or, at your choice, the hotel in Frankfurt am Main.
If a contractual partner does not have a general place of jurisdiction in Germany, the place of jurisdiction is the hotel’s registered office. However, the hotel is entitled to file suits and other legal proceedings at the guest’s general place of jurisdiction.
4. The law of the Federal Republic of Germany.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. IFor the rest, the statutory provisions apply.
Status: March 2012