Extract from the
GENERAL TERMS AND CONDITIONS OF BUSINESS
HOTEL BUSINESS 2006
§ 3 Conclusion of contract – deposit
3.1 The contract for lodging is made when the person providing the lodging accepts the order from the contractual partner. Electronic orders can be accepted, when the party, for whom they are destined, can under normal circumstances accept them, and they are sent subsequently within the normal business hours of the person offering the lodging.
3.2 The person offering the lodging is empowered to conclude the contract for lodging on the condition that the contractual partner provides a deposit. In this case the person offering the lodging is obliged to inform the contractual partner that he must provide a deposit before he accepts a verbal or written order by the contractual partner. Once the contractual partner has declared his agreement (verbal or written) to the deposit, the contract for lodging comes into effect on entry of the declaration of agreement to the payment of the deposit by the contractual partner to the person offering the lodging.
3.3 The contractual partner is obliged to pay the deposit at the latest 7 days before the lodging starts. The contractual partner pays the costs of the money transaction (e.g. transfer costs). The actual conditions of business of the credit and debit card providers apply to the use of these cards.
3.4 The deposit is a part payment for the agreed price.
§ 4 Begin and end of the lodging
4.1 The contractual partner has the right that the person providing the lodging does not offer the rented rooms to anyone else for any time after 4 p.m. of the agreed date (“day of arrival”).
4.2 If a room is rented before 6 a.m., then the previous night counts as the first overnight stay.
4.3 The contractual partner has until 12 p.m. of the day of departure to make available the rented room. The person offering the lodging has the right to charge for a further day if the rented room is not made available within the correct time.
If the contractual partner re-enters – penalty
5.5 The contractual partner can unilaterally cancel the contract for lodging, without paying a penalty, up to at the latest 3 months before the agreed date of arrival of the guest.
5.6 Except in the case of the period of time stipulated in § 5.5, a withdrawal from the contract by unilateral declaration on the part of the contractual partner is possible only by payment of the following penalties:
- up to 1 month before the date of arrival 40 % of the total agreed price;
- up to 1 week before the date of arrival 70 % of the total agreed price;
- in the last week before the date of arrival 90 % of the total agreed price.
§ 8 Responsibilities of the contractual partner
8.1 The contractual partner is obliged to pay the agreed price, at the latest at the time of departure, including extra amounts that have been incurred by him and/or any accompanying guests, inclusive of statutory value added tax.
8.2 The person offering the lodging is not obliged to accept foreign currency. If the person offering the lodging does accept foreign currency, it will be converted, for the sake of expediency, at the prevailing rate of exchange on the day. If the person offering the lodging does accept foreign currency, or any payment not in cash, the contractual partner is obliged to pay the costs attached thereto, such as enquiries with credit card companies, telegrams, etc.
8.3 The contractual partner guarantees the person offering the lodging against any damage, caused by him, his guest or any other person, who accept the services of the person offering the lodging with the knowledge or wish of the contractual partner.
§ 13 Keeping of animals
13.1 Animals may be brought into the lodging establishment only with the agreement in advance of the person offering the lodging and, in any case, against special reimbursement.
13.2 The contractual partner, who brings in an animal, is obliged to properly look after or keep an eye on this animal during his stay, or arrange, at his cost, for a suitable third party to look after or keep an eye on the animal.
13.3 The contractual partner or guest, who brings in an animal, must take out relevant insurance for animal liability, or private liability that covers damage that could possibly be caused by animals. The evidence of this insurance must be produced on request to the person offering the lodging.
13.4 The contractual partner or his insurer completely release the person offering the lodging from any liability from damage caused by animals brought in. The damage in particular includes replacement parts that the person offering the lodging has to acquire from a third party.