General terms and conditions of business
General terms and conditions of business
1. scope of application
1.a.) These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel for the guest.
1.b.) The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the guest is not a consumer.
1.c.) The guest's terms and conditions shall only apply if this has been expressly agreed in writing in advance.
2 Conclusion of contract, contracting parties; limitation period
2.a.) The contract is concluded by the hotel's acceptance of the guest's application. The hotel is free to confirm the room booking in writing.
2.b.) The contracting parties are the hotel and the guest. If a third party has ordered on behalf of the guest, he shall be liable to the hotel together with the guest as joint and several debtors for all obligations arising from the accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
2.c.) All claims against the hotel are generally subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB. Claims for damages shall become statute-barred after five years, irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
3. services, prices, payment, set-off for rooms and the conference room
3.a.) The hotel is obliged to keep the rooms / conference room booked by the guest ready and to provide the agreed services.
3.b.) The guest is obligated to pay the agreed prices of the hotel for the use of the room/meeting room and the other services used by the guest. This also applies to services and expenses of the hotel to third parties arranged by the guest.
3.c.) The agreed prices include the respective statutory value added tax. If the period between conclusion and performance of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a reasonable amount, but by no more than 5%.
3.d.) The prices may also be changed by the hotel if the guest subsequently requests changes to the number of rooms booked, the hotel's services or the length of the guest's stay and the hotel agrees to this.
3.e.) The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
3.f.) The guest may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
4. withdrawal of the guest (i.e. cancellation) / non-utilization of the services of the hotel
4.a) A withdrawal of the guest from the contract concluded with the hotel requires the written consent of the hotel. If this is not given, the agreed price from the contract must be paid even if the guest does not make use of contractual services. This shall not apply in the event of a breach of the hotel's obligation to show consideration for the rights, legal interests and interests of the guest if the guest can no longer reasonably be expected to adhere to the contract as a result or is entitled to any other statutory or contractual right of withdrawal.
4.b.) If a date for the cost-free withdrawal from the contract has been agreed in writing between the hotel and the guest, the guest may withdraw from the contract up to that date without triggering payment or damage claims by the hotel. The guest's right of withdrawal expires if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless a case of withdrawal of the guest pursuant to number 1 sentence 3 exists.
4.c.) In the case of rooms not used by the guest, the hotel shall offset the income from renting the rooms to other parties as well as the expenses saved.
4.d.) Our cancellation conditions:
for individual travellers:
If you do not use your reserved room up to 1 day before arrival, no cancellation fees will be charged. After that we will charge you 80% of the room rate for the first night, if we are not able to assign your booked room to another person.
If reserved rooms are not used, no cancellation costs will be charged up to 6 weeks before arrival, after that we will charge 25% of the room price of the 1st night without breakfast. From 3 weeks before arrival it is 50% and within 1 week 80% of the room price of the 1st night without breakfast, if we could not assign the rooms booked by you afterwards otherwise.
5. withdrawal of the hotel
5.a.) If the guest's right to withdraw from the contract free of charge within a certain period of time has been agreed upon in writing, the hotel is entitled for its part to withdraw from the contract within this period of time if there are inquiries from other guests regarding the contractually reserved rooms and the guest does not waive his right to withdraw upon inquiry by the hotel.
5.b.) If an agreed advance payment or an advance payment demanded above pursuant to Clause III No. 6 is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to rescind the contract.
5.c.) Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for an objectively justified reason, for example if:
force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract; rooms are booked under misleading or false statements of material facts, e.g. in the person of the guest or the purpose;
the hotel has reasonable grounds to believe that the use of the hotel's services may jeopardize the smooth operation of the business, the security or the reputation of the hotel in public without this being attributable to the hotel's sphere of control or organization;
there is a breach of clause I no. 2 above.
In the event of justified withdrawal by the hotel, the guest shall not be entitled to compensation.
6. room provision, room handover and room return
6.a.) The guest does not acquire any claim to the provision of certain rooms at present.
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 of the room.
6.b.) 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. Thereafter, the hotel may charge up to 50% of the full accommodation price (list price) for late vacating of the room for use in excess of the contract until 6:00 p.m., and up to 100% from 6:00 p.m. onwards.
Contractual claims of the guest are not justified by this. The guest is at liberty to prove that the hotel has not incurred any or a significantly lower claim to a usage fee.
7 Liability of the hotel
7.a.) The hotel is liable with the diligence of a prudent businessman for its obligations under the contract. Claims of the guest for damages are excluded. Excluded from this are damages arising from injury to life, body or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of typical contractual duties by the hotel. A breach of duty by the hotel shall be deemed equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or deficiencies in the hotel's services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint. The guest is obligated to contribute what is reasonable to him in order to remedy the disruption and to keep any possible damage to a minimum.
7.b.) The hotel shall be liable to the guest for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of € 3,500, and for money, securities and valuables up to € 800.
The liability claims shall expire unless the guest notifies the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). For further liability of the hotel, the above number 1 sentences 2 to 4 apply accordingly.
7.c.) Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and merchandise shipments for the guests will be handled with care. The hotel shall assume responsibility for delivery, safekeeping and - upon request - forwarding of the same against payment. The above number 1 sentences 2 to 4 apply accordingly.
8. accommodation tax
8.a.) Since 01.01.2014 the city of Berlin levies an overnight tax of 5% of the net room rate on private overnight stays. Business overnight stays are not affected by the so-called Citi Tax, but the purpose of the trip must be proven. The Businesshotel Berlin collects this tax and pays it to the city of Berlin. The purpose of the trip must be requested and documented by the hotel staff. In case of refusal to provide information, the trip must be classified as private.
9. final provisions
9.a.) Changes or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the guest are invalid.
9.b.) The place of performance and payment is the registered office of the hotel.
The exclusive place of jurisdiction - also for disputes regarding cheques and bills of exchange - in commercial transactions is the registered office of the hotel. If a contractual partner fulfils the requirements of § 38 para. 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
9.c.) German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
9.d.) 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. In all other respects, the statutory provisions shall apply.