Terms and Conditions

General Terms and Conditions - Forsters Posthotel GmbH

I. Scope of Applicability

  1. These terms and conditions apply to contracts relating to the rental handing over of hotel rooms for accommodation, and all other additional deliveries and services rendered to the customer by the hotel connected to this (hotel contract). The term “Hotel contract“ includes and replaces the following terms: accommodation-, guest acceptance-, hotel room contract.
  2. Sub-rental or onward rental of the rooms handed over and their use for purposes other than accommodation requires the prior agreement of the hotel in writing, whereby § 540 section 1 part 2 of the German Civil Code is waived, if the customer is not the consumer.
  3. The customer’s general terms and conditions only apply if this is expressly agreed in written form in advance.

II. Closure of Contract, Contract Partners, Limitation Period

  1. The contract shall come into effect upon acceptance of the customer’s request by the hotel. The hotel is free to confirm the room booking in writing.
  2. The contract partners are the hotel and the customer. If a third party has placed the order on behalf of the customer, the third party and the customer are liable jointly and severally to the hotel for all obligations arising from the hotel contract, if the hotel has a corresponding declaration from the third party.
  3. All claims against the hotel basically lapse in one year from the legal start of the period of validity. Damages claims lapse without notice in five years unless they concern personal injury, death, health, or liberty. These damage claims lapse without notice in ten years. The shortening of limitation periods does not apply to claims relating to deliberate or grossly negligent violations of obligations on the part of the hotel.

III. Services, Prices, Payment, Offsetting

  1. The hotel is obliged to keep available the rooms booked by the customer and to provide the agreed services.
  2. The customer is obliged to pay the agreed prices or applicable hotel prices for the room and other services used. This also applies to services and expenses to third parties through the agency of the customer. The agreed prices include the legally applicable sales tax.
  3. The hotel can make its agreement to a subsequent reduction in the number of rooms booked, services of the hotel or duration of stay requested by the customer dependent upon the price for the room and/or for the hotel’s other services increasing.
  4. Invoices from the hotel without due dates are payable within 10 days from receipt of the invoice without deductions. The hotel may require from the customer immediate payment of sums owing at any time. Where payments are delayed, the hotel is entitled to demand legally applicable interest rates currently at 8% or for legal issues in which a consumer is involved, at 5% above the base rate. The hotel retains the right to demonstrate higher damages.
  5. On closure of the contract, the hotel is entitled to require from the customer a proportionate prepayment or security payment in the form of a credit card guarantee, a deposit payment or similar. The level of the prepayment and the payment deadline can be agreed in writing in the contract. The legal conditions for prepayments or security payments for package trips remain unaffected.
  6. In justified cases, e.g. the customer being in payment arrears or extension of the scope of the contract, the hotel is entitled to demand a prepayment or security payment in the meaning of point 5 or an increase in the agreed prepayment or security payment until the start of the stay up to the fully agreed payment even after conclusion of the contract.
  7. The hotel is further entitled to demand a proportionate prepayment or security payment in the meaning of point 5 above at the start of and during the stay for existing and future payments arising from the contract, if this has not already been paid according to points 5 and/or 6 above.
  8. The customer may only settle or offset a payment claim from the hotel with an uncontested or legally enforceable payment claim.

IV. Withdrawal by the Customer (Cancellation,)/Non-Take up of the hotel’s services (No Show)

  1. Withdrawal of the customer from the contract closed with the hotel requires agreement in writing from the hotel. If this does not happen, the agreed price of the contract is payable even if the customer does not take up the services in the contract.
  2. If there is a deadline agreed in writing between the hotel and the customer for free withdrawal from the contract, the customer may withdraw from the contract up until then without triggering payment or compensation claims by the hotel. The right of the customer to withdraw lapses if the intention to withdraw is not notified in writing to the hotel by the agreed deadline.
  3. In the case of rooms not used by the customer, the hotel must charge for the income from rental of these rooms elsewhere and the expenses saved. If the rooms are not re-sold, the hotel can demand the contractually agreed payment and make an estimate for the deduction of expenses saved by the hotel. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for an overnight stay with breakfast, 70% for half-board and 60% for full board arrangements. The customer has the right to demonstrate that the above-named claim has not arisen, or not at the level claimed.

V. Withdrawal by the Hotel

  1. If it has been contractually agreed that the customer can withdraw from the contract without cost within a defined time, the hotel is entitled on its side to withdraw from the contract within this period if there are enquiries from other customers for the contractually booked rooms and the customer does not waive his right to withdraw on enquiry by the hotel.
  2. If an agreed prepayment or security payment charged according to part III points 5 and/or 6 above is not paid even after expiry of a proportionate extension set by the hotel, the hotel is also entitled to withdraw from the contract.
  3. Furthermore, the hotel is entitled to withdraw extraordinarily from the contract for a materially justified reason, for example
    • Force majeure or other circumstances beyond the control of the hotel make it impossible to fulfil the contract;
    • Rooms or premises have been booked under false or misleading representations pertinent to the contract, e.g. about the identity of the customer or the purpose of the stay;

       

    • The hotel has well-founded reason to assume that using the hotel services may endanger the smooth operation of business, safety or the reputation of the hotel without this being attributed to the ownership or organisation leadership of the hotel;

    • The purpose or occasion of the stay is illegal;

    • There is a violation of section I point 2. 

4. The customer is not entitled to any compensation in the event of the justified withdrawal of the hotel.

VI. Room Availability, Room Assignment and Room Return

  1. The customer does not acquire any claim to assignment of particular rooms unless this has been expressly agreed in writing.
  2. Booked rooms are available to the customer from 15:00 (3:00 pm) on the contractually agreed arrival date. The customer does not have any claim to earlier availability.
  3. The rooms must be vacated and made available to the hotel by 12.00 on the day of departure. After that, the hotel can charge up to 50% of the full lodgings price (list prices) for the excessive use of the room up to 18.00 (6:00 pm), and from 18.00, 100%. Contractual claims by the customer are not justified through this. He has the right to demonstrate that no claim for use payment, or less than the claimed amount has arisen to the hotel.

VII. Liability of the Hotel

  1. The hotel is liable for its obligations arising from the contract. Claims for compensation by the customer are excluded. Exceptions from this are damages that caused injury to life, limb or health, if the hotel is responsible for a dereliction of obligation, other damages caused by intentional or grossly negligent dereliction of obligation by the hotel and damages that arise through deliberate or grossly negligent dereliction of typical contractual obligations by the hotel. A dereliction of contractual obligation by the hotel has the same status as one by a legal representative or an agent. If there should be faults or inadequacies in the hotel’s services, the hotel will make every effort to rectify this when it becomes aware or if immediately notification is made by the customer. The customer is obliged to contribute as far as can be reasonably expected to rectify the fault and keep damages to a minimum.
  2. The hotel is liable to the customer for items brought in according to the legal stipulations. According to these, liability is restricted to one hundred times the cost of the room to a maximum of €3,500.00 and to a maximum of €800.00 for cash, bonds and valuables. Cash, bonds and valuables to a maximum value of €3,500.00 can be kept in the hotel or room safe. The hotel recommends making use of this facility.
  3. If the customer has a parking space, including a paid space, in the hotel garage or on a hotel car-park, this does not constitute a safekeeping contract. The hotel is not liable for losses or damage to vehicles or their contents on the hotel premises unless this is due to intent or gross negligence. The regulations according to point 1, sections 2 to 4 above apply to the exclusion of damages claims by the customer.
  4. Wake-up calls are carried out with great care by the hotel. Messages, post and goods shipments for guests are treated with care. The hotel will take over delivery, safekeeping and – on request– forwarding of these for a fee. The regulation according to point 1, sections 2 to 4 above apply to the exclusion of damages claims by the customer.

VIII. Final Conditions

  1. Changes and enhancements to the contract, acceptance of order or these general terms and conditions must be in writing. Unilateral changes or enhancements made by the customer are not valid.
  2. The place of fulfilment and payment is the hotel’s site.
  3. The exclusive court of jurisdiction – including for cheque and exchange disputes– in business matters is that of the headquarters of the hotel according to company law. If a contracting partner meets the requirements of § 38 Section 2 ZPO and has no domestic general court of jurisdiction, the court of jurisdiction is that of headquarters of the hotel according to company law.
  4. German Law applies. Application of the UN Sales Law and of the conflict of laws is excluded.
  5. If individual conditions of these general terms and conditions should be or become ineffective or void, the effectiveness of the remaining conditions remains unaffected. Otherwise, the statutory provisions apply.