General Terms and Conditions

Hotel PLATZHIRSCH Fulda

 

 

We do everything we can to make our Guests' stay with us as pleasant as possible. You should know what services we provide, what we stand for and what obligations you have towards us. Please therefore take note of our terms and conditions, which you accept with your booking.

 

1          Scope

1.1       These terms and conditions apply to all services provided by Hotel Platzhirsch to the Guest, the Organiser and other contractual partners.

            The services consist in particular in the provision of Hotel rooms and other premises for seminars, meetings, presentations and conferences, in the sale of food and beverages, in the organisation of cultural and sporting events and other programmes against payment. The Hotel is entitled to provide services and deliveries by third parties.

1.2       These Terms and Conditions apply to all types of contracts entered into with the Hotel.

1.3       The general terms and conditions of the contracting party shall not apply. Counter-confirmations of the contractual partner with reference to his terms and conditions are expressly contradicted.

 

2          Contract partners, conclusion of contract

2.1       The contract parties are the Hotel and the Guest.

2.2       In principle, the contract is concluded by the Hotel's acceptance of the Guest's verbal or written request. The Hotel is free to confirm the room reservation verbally, in writing, in text form or - if confirmation is no longer possible due to time constraints - by implied action in the form of providing the rooms.

2.3       In the event of a prior booking enquiry by the Guest or a third party acting on the Guest's behalf, the contract shall be concluded with the corresponding booking confirmation by the Hotel.

2.4       If a third party has ordered for the Guest, it shall be liable to the Hotel as joint and several debtor with the Guest, provided the Hotel has received a corresponding declaration from the Customer. Irrespective of this, each Customer is obliged to forward all information relevant to the booking, in particular these Terms and Conditions, to the Guest.

2.5       If the content of the reservation confirmation deviates from the content of the registration, the deviating content of the confirmation shall become binding for the Guest and the Hotel if the Guest does not make use of the right of withdrawal offered within 7 days or makes use of the service offered. If the Guest is a consumer, this shall only apply if he was informed of this consequence in the confirmation.

 

3          Provision, handover and return of rooms

3.1       The Hotel is obliged to keep the rooms booked by the Guest available and to provide the agreed services.

3.2       The Guest shall not acquire any entitlement to the provision of specific rooms unless this has been expressly agreed. If rooms are not available in the Hotel, the Hotel shall inform the Guest immediately and offer an equivalent replacement in a nearby Hotel of the same category.

3.3       On the agreed day of arrival, booked rooms shall be available to the Guest from 2 p.m. onwards. The Guest shall not be entitled to earlier availability. Booked rooms that are not occupied by 6 p.m. on the day of arrival at the latest may be allocated elsewhere by the Hotel. This does not apply if a later arrival has been expressly agreed.

3.4       On the agreed departure day, the rooms must be vacated and made available to the Hotel by 11:00 a.m. at the latest. Thereafter, the Hotel may charge 50% of the full lodging price (list price) until 2 p.m. due to the delayed vacating of the room for its use in excess of the contract, and 100% from 2 p.m. onwards. Contractual claims of the Guest shall not be substantiated thereby. The Guest is at liberty to prove that the Hotel has no or a substantially lower claim.

 

4          Prices, payment, offsetting

4.1       The Guest shall be obliged to pay the Hotel's agreed or applicable prices for the provision of rooms and the other services used by him. This shall also apply to services commissioned by the Guest directly or via the Hotel, which are provided by third parties and disbursed by the Hotel.

4.2       The Hotel's services and prices are set out in the reservation or order confirmation. If the reservation has not been confirmed, the respective daily rates of the Hotel shall apply.

4.3       The agreed prices include the taxes and local levies applicable at the time of conclusion of the contract. Not included are local taxes which are owed by the Guest himself according to the respective municipal law, such as visitor's tax or cultural promotion taxes.

4.4       In the event of a change in the statutory value-added tax or the introduction, change or abolition of local taxes on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly, but by no more than 10%. In the case of contracts with consumers, this shall only apply if the period between conclusion of the contract and fulfilment of the contract exceeds four months.

4.5       The Hotel may make its consent to a subsequent reduction requested by the Guest in the number of rooms booked, the performance of the Hotel or the duration of the Guest's stay dependent on an increase in the price of the rooms and/or other services of the Hotel.

4.6       Hotel invoices without a due date shall be payable without deduction within ten days of receipt of the invoice. The Hotel may demand immediate payment of due receivables from the Guest at any time. In the event of default in payment, the Hotel shall be entitled to demand the applicable statutory default interest at the current rate of 8 percentage points above the base interest rate or, in the case of legal transactions involving a consumer, at the rate of 5 percentage points above the base interest rate. The Hotel reserves the right to prove higher damages.

4.7       The Hotel is entitled to demand a reasonable advance payment or security deposit from the Guest upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in the contract. In the case of advance payments or security deposits, the statutory provisions shall remain unaffected.

4.8       In justified cases, for example if the Guest is in arrears with payment or if the scope of the contract has been extended, the Hotel shall be entitled to demand an advance payment or security deposit or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after conclusion of the contract and until the start of the stay.

4.9       In justified cases, for example if the Guest is in arrears with payment or if the scope of the contract has been extended, the Hotel shall be entitled to demand an advance payment or security deposit or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after conclusion of the contract and until the start of the stay.

4.10     In the case of guaranteed bookings (with a credit card number), where there are more than 24 hours between booking and arrival, the Hotel is permitted to charge the credit card with 50% of the agreed accommodation price. In the case of guaranteed bookings (with a credit card number) where the time between booking and arrival is less than 24 hours, the Hotel is permitted to collect the full room rate on arrival.

4.11     For each reminder after the occurrence of the delay, a reminder fee of 10 Euro will be charged. If the Guest is a consumer, he is at liberty to prove that the Hotel has suffered significantly less damage.

4.12     The Guest may only offset or set off a claim of the Hotel against an undisputed or legally enforceable claim.

 

5          Events

5.1       The Organiser must inform the Hotel of the final number of participants no later than 29 days before the date of the event in order to ensure careful preparation.

5.2       In the event of variances in the number of participants from the final number, a maximum of 5% will be taken into account and used as the basis for the calculation. Any further downward deviations cannot be taken into account and shall be borne by the Organiser.

            In the event of deviations in the number of participants in relation to the number reported as final upwards, the actual number of participants shall be taken as the basis for invoicing.  Changes to the number of participants must be agreed in advance with the Hotel.

5.3       In the event of changes to the seating in the conference rooms on the day of the event, the Hotel reserves the right to charge the Organiser for these costs, depending on the work involved.

5.4       For events that extend beyond midnight, the Hotel may charge a service charge from midnight onwards on the basis of individual proofs, unless the agreed fee already takes into account a period beyond midnight.

5.5       The Organiser is generally not entitled to bring food and/or beverages to the events. In special cases, however, a written agreement can be made in advance with the Hotel. In these cases a service fee or a cork fee will be charged.

5.6       The Organiser and customer are liable for the payment of any additional food and beverages ordered by the event participants.

5.7       The Organiser shall inform the Hotel without being requested to do so if the provision of services and/or the event is, due to its content or character, likely to arouse public interest or to impair or endanger the interests of the Hotel. The Hotel may cancel the event in the event of an infringement.

5.8       Newspaper advertisements as well as other advertising measures or publications, in particular invitations to job interviews, political or religious events and sales events that are related to the Hotel require the prior written consent of the Hotel.

5.9       For call-off quotas for events

  • Up to 10 rooms, the participants themselves call up their room at the agreed rate/category up to six weeks before the start of the event. After that the rooms that have not been called up fall back into the free availability of the Hotel. Additionally required rooms will be offered at the regular prices after this period.
  • From 11 rooms upwards, the participants themselves call up their room at the agreed rate/category up to eight weeks before the start of the event, after which the rooms not called up fall back into the free availability of the Hotel. Additionally required rooms will be offered at the regular rates after this period has expired.

5.10     If the minimum number of 10 participants at an event is not reached, the Hotel will charge a room rental plus the actual number of conference flat rates.

5.11     In the event of a change in the number of participants at events, the Hotel shall be entitled to exchange confirmed rooms.

5.12     The Organiser shall be liable for the conduct of its employees, event participants and other assistants as if it were its own fault. The Hotel may require the Organiser to provide reasonable security (insurance, deposit, surety).

 

6          Cancellation by the Guest (cancellation/non-use of Hotel services)

6.1       Reservations made by the Guest are generally binding for both contracting parties. The Guest may only withdraw from the contract concluded with the Hotel if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists or if the Hotel expressly agrees to the cancellation of the contract. The agreement of a right of rescission as well as the possible consent to a cancellation of the contract shall be made in writing in each case.

6.2       If a date for free withdrawal from the contract has been agreed between the Hotel and the Guest, the Guest may withdraw from the contract until then without incurring any payment or compensation claims on the part of the Hotel. The Guest's right of rescission shall lapse if he does not exercise his right of rescission against the Hotel in writing by the agreed date.

6.3       If a right of rescission has not been agreed or has already expired, there is no statutory right of rescission or termination and if the Hotel does not agree to the cancellation of the contract, the Hotel shall retain the claim to the agreed remuneration despite non-use of the service. The Hotel shall set off the income from a different rental of the rooms as well as the saved expenses. If the rooms are not rented elsewhere, the Hotel shall be entitled to a flat-rate deduction for saved expenses. The Guest shall be free to prove that the Hotel's claim did not arise or did not arise to the required extent.

Accordingly, the following shall apply:

Cancellations/partial cancellations of:

  • Events (overnight stays, conference lump sums and other services ordered)

No charge if more than 60 days before the start of the event / arrival,

20% of the turnover from the 59th to the 30th day

50% of the turnover from the 29th to the 15th day

65% of the turnover from the 14th to the 3rd day

90% of the turnover from the 2nd day until non-arrival

 

 

  • Groups from 5 rooms  (overnight stay including breakfast, half board, full board and other ordered services)

No charge if more than 30 days before the start of the event / arrival,

20% of the turnover from the 29th to the 20th day

50% of the turnover from the 19th to the 15th day

65% of the turnover from the 14th to the 3rd day

90% of the turnover from the 2nd day until non-arrival

 

Cancellation costs for technical equipment ordered for an event shall be incurred to the extent that at the time of cancellation costs have already been incurred as a result of the provision of such equipment and cannot be covered by any other use.

Separate regulation for call-off quotas:

No charge if more than 14 days before the start of the event / arrival,

50% of the turnover from the 13th to the 6th day

70% of the turnover from the 5th to the 3rd day

90% of the turnover from the 2nd day until non-arrival

 

7          Cancellation by the Hotel

7.1       If it has been agreed that the Guest may withdraw from the contract free of charge within a certain period, the Hotel shall be entitled to withdraw from the contract during this period if there are inquiries from other Guests about the contractually booked rooms and the Guest does not waive his right to withdraw from the contract upon request from the Hotel within a reasonable period of time.

7.2       If an advance payment or security payment agreed or demanded in accordance with Clause 4.7 and/or Clause 4.8 is not made even after a reasonable grace period set by the Hotel has expired, the Hotel shall also be entitled to withdraw from the contract.

7.3       Furthermore, the Hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if

- force majeure or other circumstances for which the Hotel is not responsible make it impossible to fulfil the contract;

- rooms or areas are booked culpably under misleading or false statements or concealment of essential facts; the identity of the Guest, the solvency or the purpose of the stay may be essential in this respect;

- the Hotel has good reason to believe that the use of the service may jeopardise the smooth running of the business, the safety or the public reputation of the Hotel without this being attributable to the Hotel's sphere of control or organisation;

- the purpose or cause of the stay is unlawful;

- an Organiser fails to comply with its obligation to notify pursuant to Section 5.7 or fails to do so in good time;

- premises which are the subject of the contract are sublet without the Hotel's prior consent contrary to Clause 10.1.

7.4       The justified withdrawal of the Hotel shall not entitle the Guest to claim damages.

 

8          Liability of the Hotel

8.1       The Hotel is liable to the Guest in accordance with the provisions of the Civil Code. It shall be liable for all legal and contractual claims only in the event of wilful or grossly negligent conduct. Exceptionally, it shall be liable for slight negligence in the event of damage due to injury to life, limb and health, and in the event of damage based on the breach of essential contractual obligations. In this case the liability is limited to the foreseeable damage typical for the contract. The Hotel shall not be liable for consequential or indirect damages. Should disruptions or defects occur in the Hotel's services, the Hotel shall endeavour to remedy the situation if it becomes aware of such disruptions or defects or if the Guest complains immediately. The Guest shall be obliged to make all reasonable efforts to remedy the disruption and keep any possible damage to a minimum.

8.2       The Hotel shall be liable to the Guest for items brought in, in accordance with the statutory provisions of §§ 701 ff. of the German Civil Code (BGB). BGB (GERMAN CIVIL CODE). The Hotel recommends the use of the Hotel safe or room safe. If the Guest wishes to bring in money, securities and valuables with a value of more than 800 Euro or other items with a value of more than 3,500 Euro, this shall require a separate storage agreement with the Hotel. Organisers shall be responsible for the proper insurance of items brought in.

8.3       If a parking space is made available to the customer in the Hotel garage or on the Hotel parking lot, even for a fee, this shall not constitute a safekeeping agreement. In the event of the loss of or damage to motor vehicles parked or manoeuvred on the Hotel premises and their contents, the Hotel shall only be liable in accordance with the provisions of the above Section 8.1, Sentences 1 to 5.

8.4       Messages, mail and consignments of goods for the Guests shall be handled with care. The Hotel shall be responsible for delivery, storage and - upon request - forwarding of the same for a fee. The Hotel shall only be liable in this respect in accordance with the above Clause 8.1, Sentences 1 to 5.

8.5       Exclusions and limitations of liability shall apply in the same manner for the benefit of all companies, subcontractors and vicarious agents employed by the Hotel to fulfil its contractual obligations.

 

9          Statute of limitations

9.1       All claims against the Hotel shall generally expire six months after the end of the year in which the claim arose.

9.2       Claims for damages shall become time-barred after five years, depending on knowledge, unless they are based on injury to life, limb, health or freedom. These claims for damages shall expire in ten years irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the Hotel.

 

10        Other provisions

10.1     The subletting or further letting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the Hotel.

10.2     Animals may only be brought along after prior consent of the Hotel and payment of a surcharge. Animals may not be brought into rooms where food and drinks are served.

10.3     Wake-up orders shall be fulfilled by the Hotel with the greatest possible care. Claims for damages arising from faulty performance shall be excluded, except in cases of gross negligence or intent.

10.4     Written or telephone information shall be provided to the best of our knowledge and belief, provided that it is permissible under data protection law. Claims for damages arising from defective performance are excluded, except in cases of gross negligence or intent.

10.5     Lost and found items will only be forwarded upon the Guest's request and after his legitimation. They will be kept in the Hotel for six months.
 After this period, items of apparent value will be handed over to the local lost property office.

10.6     Written messages, sealed mail and consignments of goods for Guests shall be handled by the Hotel with the greatest possible care in accordance with data protection regulations. Storage, delivery and forwarding shall be done against reimbursement of costs and at the express request of the Guest. However, liability for loss, delay or damage is excluded.

 

11        Final provisions

11.1     Amendments and supplements to the contract, the acceptance of the application or these terms and conditions shall be made at least in text form. Unilateral changes or additions by the Guest are ineffective.

11.2     Place of performance and place of payment for both parties is Fulda.

11.3     German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions are excluded.

11.4     Fulda shall be agreed as the exclusive place of jurisdiction for all disputes, insofar as this is permissible.

(11.5)   If any stipulation of these commercial conditions is or becomes legally invalid in whole or in part, this shall not affect the legality of the remaining stipulations. Otherwise, the statutory provisions shall apply.

 

 

Fulda, 01.11.2019