Boutique-Hotel Stadtvilla Hodes
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 and deliveries made by the Boutique-Hotel Stadtvilla Hodes for the customer (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 prior consent of Boutique-Hotel Stadtvilla Hodes in text form, whereby § 540 Paragraph 1 Sentence 2 BGB is waived, unless the customer is a consumer within the meaning of the regulation of § 13 BGB is.
1.3. Deviating provisions, also as far as they are contained in the customer’s general terms and conditions, do not apply, unless they are expressly recognized in text form by Boutique-Hotel Stadtvilla Hodes.
2. CONCLUSION OF CONTRACT, PARTNER, LIMITATION
2.1. Contractual partners are the Boutique-Hotel Stadtvilla Hodes and the customer. The contract comes into being upon acceptance of the customer’s request by the Boutique-Hotel Stadtvilla Hodes. The Boutique-Hotel Stadtvilla Hodes is free to confirm the room booking in text form.
2.2. In principle, all claims against the Boutique-Hotel Stadtvilla Hodes expire one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims insofar as the latter are based on an intentional or grossly negligent breach of duty by the Boutique-Hotel Stadtvilla Hodes.
3. SERVICES, PRICES, PAYMENT, SET-OFF
3.1. The Boutique-Hotel Stadtvilla Hodes 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 agreed or applicable prices of the Boutique-Hotel Stadtvilla Hodes for the provision of rooms and the other services used. This also applies to services commissioned by the customer directly or via the Boutique-Hotel Stadtvilla Hodes, which are provided by third parties and which are billed by the Boutique-Hotel Stadtvilla Hodes.
3.3. The agreed prices include the taxes and local taxes applicable at the time the contract is concluded. Local taxes that are payable by the guest according to the respective local law, such as visitor’s tax, are not included. In the event of a change in the statutory value added tax or the new introduction, change or abolition of local taxes on the service item after the contract has been concluded, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
3.4. The Boutique-Hotel Stadtvilla Hodes may make its consent to a subsequent reduction in the number of rooms booked, the performance of the Boutique-Hotel Stadtvilla Hodes or the length of stay of the customer dependent on the price of the room and / or for the other services of the Boutique-Hotel Stadtvilla Hodes increased.
3.5. Hotel invoices are payable immediately upon receipt without deduction. If payment on account is agreed, payment must be made within 10 days of receipt of the invoice without deduction, unless otherwise agreed. The Boutique-Hotel Stadtvilla Hodes can demand the immediate payment of due claims from the customer at any time. If the customer defaults on payment, the legal regulations apply. The Boutique-Hotel Stadtvilla Hodes reserves the right to prove greater damage.
3.6. The Boutique-Hotel Stadtvilla Hodes is entitled to request a reasonable advance payment or security deposit, 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. The statutory provisions remain unaffected in the case of advance payments or security deposits for package tours. If the customer defaults on payment, the legal regulations apply.
3.7. In justified cases, e.g. late payment by the customer or extension of the scope of the contract, the Boutique-Hotel Stadtvilla Hodes is entitled to make an advance payment or provide a security in accordance with section 3.6 above even after the contract has been concluded until the start of the stay. or to request an increase in the advance payment or security agreed in the contract up to the full agreed remuneration.
3.8. The Boutique-Hotel Stadtvilla Hodes is also entitled, at the beginning and during the stay, to make a reasonable advance payment or security deposit from the customer as defined in section 3.6 above. to demand for existing and future claims from the contract, insofar as such is not already in accordance with section 3.6 above. and / or section 3.7. was done.
3.9. The customer can only offset or offset an undisputed or legally binding claim against a claim by the Boutique-Hotel Stadtvilla Hodes.
4. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION) / NOT USING THE SERVICES of the Boutique-Hotel Stadtvilla Hodes
4.1. The customer can only withdraw from the contract concluded with the Boutique-Hotel Stadtvilla Hodes if a right of withdrawal has been expressly agreed in the contract, if there is another statutory right of withdrawal or if the Boutique-Hotel Stadtvilla Hodes expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a contract cancellation should be made in text form.
4.2. If an appointment to withdraw from the contract free of charge has been agreed between the Boutique-Hotel Stadtvilla Hodes and the customer, the customer can withdraw from the contract until then without triggering payment or damage claims by the Boutique-Hotel Stadtvilla Hodes. The customer’s right of withdrawal expires if he does not exercise his right to withdraw from the Boutique-Hotel Stadtvilla Hodes by the agreed date.
4.3. If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if the Boutique-Hotel Stadtvilla Hodes does not agree to the cancellation of a contract, the Boutique-Hotel Stadtvilla Hodes retains the right to the agreed remuneration despite non-use of the service. The Boutique-Hotel Stadtvilla Hodes must take into account the income from renting the rooms to others and the expenses saved. If the rooms are not rented out to any other person, the Boutique-Hotel Stadtvilla Hodes has the option to claim damages in the form of a lump-sum compensation instead of a specifically calculated compensation. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight stays with or without breakfast and for flat-rate 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 has not arisen or has not arisen in the required amount.
4.4. If the Boutique-Hotel Stadtvilla Hodes specifically calculates the compensation, the amount of the compensation is a maximum of the contractually agreed price for the service to be performed by the Boutique-Hotel Stadtvilla Hodes, less the expenses saved by it and what the Boutique-Hotel Stadtvilla Hodes through other use of the hotel service.
5. WITHDRAWAL OF THE Boutique-Hotel Stadtvilla Hodes
5.1. If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the Boutique-Hotel Stadtvilla Hodes is in turn entitled to withdraw from the contract during this period if there are requests from other customers for the contractually booked rooms and the customer on request from Boutique-Hotel Stadtvilla Hodes does not waive his right of withdrawal with a reasonable deadline. This applies accordingly if an option is granted, if there are other inquiries and the customer is not ready to make a firm booking with a reasonable deadline when asked by the hotel.
5.2. If one according to section 3.6. and / or section 3.7. If the agreed or requested advance payment or security deposit has not been made even after a reasonable grace period set by the Boutique-Hotel Stadtvilla Hodes has elapsed, the Boutique-Hotel Stadtvilla Hodes is also entitled to withdraw from the contract.
5.3. Furthermore, the Boutique-Hotel Stadtvilla Hodes is entitled to extraordinarily withdraw from the contract for objectively justifiable reasons, especially if
(a) Force majeure or other circumstances for which the Boutique-Hotel Stadtvilla Hodes is not responsible make it impossible to fulfill the contract;
(b) rooms or rooms are culpably booked with misleading or false information or concealment of essential facts; the identity of the customer, solvency or the purpose of stay may be essential;
(c) the Boutique-Hotel Stadtvilla Hodes has reasonable grounds to believe that the use of the service may jeopardize the smooth running of the business, the security or the reputation of the Boutique-Hotel Stadtvilla Hodes without this affecting the government or Organizational area of the Boutique-Hotel Stadtvilla Hodes is assigned;
(d) the purpose or the reason for the stay is illegal;
(e) a violation of Clause 1.2 above. is present.
6. ROOM DELIVERY, DELIVERY AND RETURN
6.1. The customer is not entitled to the provision of certain rooms unless this has been expressly agreed.
6.2. Booked rooms are available to the customer from 2:30 p.m. on the agreed arrival date. The customer has no right to earlier availability.
6.3. On the agreed departure date, the rooms must be vacated and made available to the Boutique-Hotel Stadtvilla Hodes by 11:00 a.m. at the latest. Thereafter, the Boutique-Hotel Stadtvilla Hodes can invoice 50% of the full accommodation price (list price) for the use beyond the contract until 1:00 p.m. due to the delay in vacating the room, 90% from 2:30 p.m. This does not justify contractual claims by the customer. He is free to prove that the Boutique-Hotel Stadtvilla Hodes has no or significantly lower entitlement to usage fees.
7. LIABILITY OF THE Boutique-Hotel Stadtvilla Hodes
7.1. The Boutique-Hotel Stadtvilla Hodes is liable for damage for which it is responsible for injury to life, limb or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the Boutique-Hotel Stadtvilla Hodes or on an intentional or negligent breach of contractual obligations of the Boutique-Hotel Stadtvilla Hodes. A breach of duty by the Boutique-Hotel Stadtvilla Hodes is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in Section 7. Should faults or defects occur in the services of the Boutique-Hotel Stadtvilla Hodes, the Boutique-Hotel Stadtvilla Hodes will endeavor to remedy the situation if the customer becomes aware of it or if the customer gives immediate notification. The customer is obliged to make a reasonable contribution to remedy the fault and to keep any damage to a minimum.
7.2. The Boutique-Hotel Stadtvilla Hodes is liable to the customer for items brought in according to the statutory provisions. If the customer wishes to bring in money, securities and valuables with a value of more than 800 euros or other things with a value of more than 3,500 euros, this must be announced by the customer when booking and a separate storage agreement to be concluded with the before the start of the stay Boutique-Hotel Stadtvilla Hodes. If such a storage agreement is not concluded by the parties, the liability of the Boutique-Hotel Stadtvilla Hodes for money, securities and valuables is limited to 800 euros and for other things to 3,500 euros.
7.3. If the customer is provided with a parking space in the Boutique-Hotel Stadtvilla Hodes garage or in the hotel car park, also for a fee, this does not result in a custody contract. The Boutique-Hotel Stadtvilla Hodes is not under surveillance. The Boutique-Hotel Stadtvilla Hodes is not liable for loss of or damage to motor vehicles parked or maneuvered on the Boutique-Hotel Stadtvilla Hodes property and their contents, unless the Boutique-Hotel Stadtvilla Hodes, its legal representatives or its vicarious agents are not responsible for intent or gross negligence. In this case, the damage must be claimed against the Boutique-Hotel Stadtvilla Hodes at the latest when leaving the hotel property.
7.4. Wake-up calls are carried out with the greatest care by the Boutique-Hotel Stadtvilla Hodes. Claims for damages, except for gross negligence or intent, are excluded.
7.5. Messages, mail and consignments for customers are handled with care. The Boutique-Hotel Stadtvilla Hodes takes care of delivery, storage and – on request – forwarding of the same for a fee as well as for lost and found items on request. The Boutique-Hotel Stadtvilla Hodes is only liable to the extent that the Boutique-Hotel Stadtvilla Hodes, its legal representatives or its vicarious agents are responsible for intent or gross negligence.
7.6. Items left behind will only be forwarded upon request and upon assumption of costs. The Boutique-Hotel Stadtvilla Hodes will keep items left behind for one month. After this time, the items are handed over to the local lost property office.
8. TOURISM CONTRIBUTION
The city of Fulda charges a tourism fee. The basis is § 2 and § 13 of the Law on Municipal Taxes (KAG) as well as the statutes on the collection of a tourism contribution in the area of the city of Fulda (tourism contribution statutes). In principle, all non-resident adult persons who are monitored for a fee in the area of the city of Fulda are liable to pay contributions. The tourism contribution is two euros per day/night of stay and per person. The guest must provide proof of an exemption from the tourism fee. Information about the city of Fulda’s tourism contribution can be found online at www.tourismus-fulda.de/visitors-tax.
9. FINAL PROVISIONS
9.1. Changes and additions to the contract, the acceptance of applications or these general terms and conditions should be made in text form. Unilateral changes or additions by the customer are invalid.
9.2. German law applies to the legal relationships between the Boutique-Hotel Stadtvilla Hodes and the customer and to these general terms and conditions. The application of German international private law, the United Nations Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.
Mandatory provisions of the law of the state in which the customer has his habitual residence remain unaffected if and insofar as the customer has concluded a contract that cannot be attributed to his professional or commercial activity (consumer contract) and if the customer concludes the Required legal acts in the state of his habitual residence.
9.3. The place of fulfillment and payment as well as the exclusive place of jurisdiction – also for check and exchange disputes – is Fulda in commercial transactions. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the legal relationship between the customer and the Boutique-Hotel Stadtvilla Hodes Fulda. The same applies if the customer has no general place of jurisdiction in Germany or his place of residence or habitual residence is not known at the time the action is brought.
9.4. In accordance with the legal obligation, the Boutique-Hotel Stadtvilla Hodes would like to point out that the European Union has set up an online platform for out-of-court settlement of consumer disputes (“OS platform”): https://ec.europa.eu/consumers/odr/. However, the Boutique-Hotel Stadtvilla Hodes does not take part in dispute settlement procedures before consumer arbitration boards.
