I. Area of Application / Validity
1. These business regulations apply for contracts referring to leased provision of Hotel rooms for housing, as well as all services and deliveries provided to the customer by the Hotel.
2. The subleasing or further leasing to a third party, as well as the use for purposes other than lodging, requires the previous written concurrence of the Hotel. Reference §540 Paragraph 1 Sentence 2 BGB (German Federal Law).
3. All further agreements are valid only when previously received and agreed upon in written form.
II. Closing of Contract, Partnerships, and Time Limitation of Liability.
1. The Hotel establishes the contract with the receipt of the customer’s request. 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 reserves for the customer, this third party is also liable for the total amount in question and for all contractual obligations, arising from the receipt of the customer’s request for lodging, in as far as relative third party definition exists.
3. All claims and demands against the Hotel are basically void, after a period of one year from the begin of the standard receipt of information and as according to the statute of limitations §199 of the German Federal Law. Damage claims are time limited, regardless of information transfer, to five years. There are no time limitations in cases of severe or wilful negligence on the part of the Hotel.
III. Services, Prices, Payments and Invoicing.
1. The hotel is obligated, to make booked rooms available and to fulfil all services agreed upon.
2. The customer is obligated, to pay the agreed upon price for the rooms and services provided as per agreements. This includes services sub-contracted by the hotel on behalf of the customer.
3. The agreed upon prices include „Value Added Tax“. .
4. Hotel invoices are to be paid within 10 days of receipt without any form of rebate or discount. In cases of payment delay, the hotel is allowed to assess collection charges and fees according to the current lawful tariffs and standard applicable procedures.
5. The hotel reserves the right, at the time of contractual obligation closing or afterwards, according the local lawful procedures for all-inclusive holidays, to demand a reasonable down payment or security fee. The amount and actual timing of this amount may be set formally in the contract.
6. The customer can only reduce a hotel invoice payment when allowed by local lawfully formal accepted procedures.
IV. Cancellation by the Customer / Non usage of hotel services.
1. A cancellation by the customer of the contracted hotel services is only acceptable in written form and requires the acquiescence of the hotel in written form so that it may be considered binding. Should this not occur, the agreed upon price is to be paid, even if the customer has not taken advantage of the services contractually agreed upon. This does not apply when the explicit obligations of the hotel in this respect are not met.
2. Should a written agreement between the hotel and the customer be in effect, providing a time boundary arrangement for a cost free cancellation, the customer may cancel free of cost within this time period. If the hotel receives no written request, prior to the end of the gratis cancellation period the customer automatically foregoes this right, as long as the explicit obligations of the hotel have been met.
3. Furthermore the following cancellation rules apply:
Lodging (up to 9 persons):
– A minimum of 5 days before arrival: Gratis.
– A minimum of 1 day before arrival: 80 % of the agreed upon total price for lodging, with or without breakfast, 60% for 2 meal arrangements and 50% for full arrangements.
Lodging (10 persons and above):
– A minimum of 21 days before arrival: Gratis.
– A minimum of 10 days before arrival: 50 %, with or without breakfast, 40% for 2 meal arrangements and 30% for full arrangements
– A minimum of 3 days before arrival: 80 % of the agreed total price for lodging, with or without breakfast, 60% for 2 meal arrangements and 50% for full arrangements.
4. Should a cancellation be only received on the date arrival or not at all, the hotel reserves the right, to demand the contractually agreed upon sum and to set a flat fee for the deduction of the saved costs. The customer is in this case obligated, to pay a minimum of 90% of the contractually agreed upon price for lodging with or without breakfast, 70% for 2 meal arrangements and 60% for full arrangements.
5. Other income from the rooms which were not used by the customer, through further occupancy, as well as saved costs are to be calculated in favour of the customer.
6. The burden of proof, regarding the above mentioned demands and the monetary volume thereof, lies with the customer.