called Hotel 103 below "the hotel" - Terms and Conditions for Hotel Accommodation Contracts Berlin Horizon Boerger GmbH
1. These terms and conditions apply to contracts for the rental use of hotel rooms for accommodation and all services provided to the customers for other services provided by the hotel (Hotel Accommodation Contract). The term "Hotel Accommodation Contract" comprises and replaces the following terms: lodging, hotel, hotel room contract.
2. The subletting or re-letting of the rooms and their use for purposes other than accommodation require the prior consent of the hotel in writing, § 540 para. 1 sentence 2 BGB is conditioned, if the customer is not a consumer.
3. Terms and conditions of the customer shall apply only if these are previously expressly agreed in writing.
II. Contract conclusion; parties; limitation
1. The contract is through the acceptance of the request of the customer upon the hotel. The hotel is at liberty to confirm the room reservation in writing.
2. Contractual partners are the hotel and the customer. Has placed the order for Mom, he is liable to the hotel together with the customer as joint debtor for all obligations from the hotel accommodation contract, if the hotel has a corresponding statement by the third party.
3. Any claims against the hotel shall lapse one year from the statutory limitation period. Damage claims shall be independent of knowledge in five years, unless they are based on injury to life, limb, health or freedom. The limitation periods do not apply to claims which are based on an intentional or grossly negligent breach of obligation.
III. Services, prices, payment, invoicing
Caution Important Note: The city of Berlin rises from 01/01/2014 a tourist tax on hotel stays in the amount of 5% on net Logis. The control is in our room rates included. Business travelers are exempt from tax and are charged against appropriate evidence (eg employer certificate) the tax-adjusted price. Excluded from the scheme are the hotel agreed net corporate rates.
1. The hotel is obligated to keep the booked rooms and to provide the agreed services.
2. The customer is obligated to pay the applicable or agreed for rooms provided and used by him in other services of the hotel prices. This also applies to caused by the customer services and expenses of the hotel to third parties.
3. The agreed prices include applicable VAT. If the period between contract and contract exceeds four months and if the price generally charged by the hotel for such services increases, this can increase the contractually agreed price appropriately by a maximum increase of 5%.
4. The hotel can make its agreement to the customer's later reduction in the number of reserved rooms, the hotel's services or the duration of the customer dependent on the price of the room and / or increases for the other services of the hotel ,
5. Hotel bills without a due date within 10 days of receipt of the invoice without deduction. The hotel may demand immediate payment of overdue receivables at any time by the customer. In case of default the hotel is entitled to demand the respectively applicable statutory default interest in the amount of currently 8% or, with legal transactions with a consumer in the amount of 5% above the base rate. The hotel reserves the right to prove higher damages.
6. The hotel is entitled to demand a reasonable advance payment or security deposit in the form of a credit card guarantee, a deposit or the like when the contract by the customer. The amount of the advance payment and payment dates may be agreed in the contract in writing. With advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.
7. In justified cases, eg payment arrears of customers or expand the scope of the contract, the hotel is an advance payment or security deposit within the meaning above no. 5 or an increase of in the contract advance payment or security is entitled, even after conclusion of the contract until the beginning of the stay to the the total agreed remuneration demand.
8. The hotel is also entitled to demand at the beginning and during the customer's stay a reasonable advance payment or security deposit within the meaning of the above No.5 for existing and future claims arising from the contract, insofar as not in accordance with the above numbers 5 and / or 6 made has been. The customer can only offset or reduce an undisputed or legally binding claim against a claim by the hotel.
9. Payment on account is possible only with the express consent of the hotel and upon presentation of sponsorship.
10. Possible bank charges will be borne by the customer.
11. For backs even with timely cancellations we will charge your account with a
Handling charge of € 25, -.
In school and youth groups on arrival a deposit of € 15, - payable per person maximum € 450, - per group. The deposit will be the attendants without deduction and paid without interest, when the part of the group of no damage and all of the issued key cards were returned complete. The deposit of credit card data in terms of Security deposit is possible.
IV. Repudiation by Customer (Cancellation, Annulment) / Failure to Use Hotel Services (No Show)
1. Cancellation fees for group bookings: Unless agreed separately in the contract, the following cancellation periods apply:
Groups of 20 people and groups who received the group rate the hotel:
59-30 days before arrival: 20% of lost sales
29-15 days before arrival: 30% of lost sales
14-8 days before arrival: 50% of lost sales
7 - 1 day before arrival: 75% of lost sales
on arrival and no show: 90% of lost sales
Decisive is the maximum number of people in the booking process.
2. Cancellation fees for bookings not 1. subject to Clause IV point: Insofar as the hotel and the customer a date for a cost-free cancellation of the contract was agreed in writing, the customer can withdraw from the contract until then, without payment or compensation claims of trigger hotels. The resignation of the customer expires if he does not exercise his cancellation right in front of the hotel in writing by the agreed date. the hotel are the rooms are not otherwise rented, can demand the contractually agreed compensation and flat-rate deduction for saved expenses of the hotel. The customer is obliged in this case, at least 90% of the contractually agreed rate for lodging with or without breakfast, to pay 70% for half and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim is not justified or not in the amount claimed.
3. Cancellation by the customer of the contract concluded with the hotel requires the hotel's consent in text form. If not this, then the price agreed in the contract must also be paid if the customer does not contractual services. This does not apply to injury of the hotel's commitment to take into account the rights, objects of legal protection and interests of the customer, if this holding to the contract is no longer reasonable or another statutory or contractual cancellation right exists.
V. Repudiation by Hotel
1. Unless a free right of withdrawal of the customer has been agreed within a specified period in writing, the hotel is entitled for its part in this period, to withdraw from the contract if there are inquiries from other customers regarding the contractually reserved rooms and the customer upon inquiry by the hotel his right to resign waived.
Hotel 2. If an agreed or pursuant to Item III Nos. 5 and / or not made no. 6 Advance demanded even after a reasonable grace set by the hotel, so is also entitled to rescind the contract.
3. Moreover, the hotel is entitled to withdraw exceptionally justifiable reasons from the contract, for example, if
• force majeure or other circumstances not to be the hotel to fulfill the contract impossible;
• rooms are reserved with misleading or false information regarding material facts, such as the identity of the customer or the purpose of the reservation;
• the hotel has justified cause to believe that use of the hotel's services might jeopardize the smooth operation, security or reputation of the hotel in public, without being attributable to the management or organization of the hotel;
The purpose or the cause of the stay is illegal;
• a breach above paragraph I no. 2 is present.
4. If the Hotel justifiably withdraws not entitle the customer for damages.
VI. Room Availability, Delivery and Return
1. The customer has no right to be provided specific rooms insofar as this is not expressly agreed in writing.
2. Reserved rooms are available to customers from 15.00 hours on the agreed day of arrival. The customer has no right to earlier availability.
3. On the agreed departure, the hotel rooms Monday through Friday, by 10:00 pm, Saturdays, Sundays and holidays are be vacated by 11:00 am to provide. Afterwards the hotel due to the delayed vacating of the room for exceeding the contractual utilization to 18:00 50% of the full accommodation rate filters (daily public rate) into account, from 18.00 100%. Contractual claims of the customer are not justified hereby. Is at liberty to prove that the hotel incurred no or much lesser claim arose user fees.
It is possible on site a LATE CHECK OUT € 10 added reserve. The LATE CHECK OUT prolongs the time to evacuate the room until 12.00 noon.
In addition, existing claims are not affected.
VII. Liability of the hotel
1. The hotel is liable with the diligence of a prudent businessman for its obligations under the Treaty. Customer claims for compensation are excluded. This does not include damage resulting from injury to life, limb or health, if the hotel is responsible for the breach of duty, other damages based on intentional or grossly negligent breach of obligation and damage from an intentional or negligent breach typical contractual obligations of the hotel is based. A breach of obligation by a legal representative or vicarious agent. Should disruptions or defects in the performance of the hotel occur, the hotel will endeavor with knowledge or on immediate complaint of the customer, to take remedial action. The customer is obligated to contribute reasonable to eliminate the disruption and to keep any possible damage.
2. For property brought into the Hotel is liable to the customer in accordance with statutory provisions. Accordingly, the liability is limited to one hundred times the room rate, not to exceed € 3,500, - and, in deviation, securities and valuables up to a maximum € 800, -. Money, securities and valuables can be kept up to a maximum of € 100,000 per hotel or room safe. The hotel recommends to make use of this possibility. Liability claims expire unless the customer notifies the hotel immediately after gaining knowledge of the loss, destruction or damage (§ 703 BGB). For a more extensive liability of the hotel above No. 1, sentences 2 to 4 apply accordingly.
3. Wake-up calls are carried out with the utmost care. Messages, mail and merchandise deliveries for guests are handled with care. The hotel will deliver, hold, and - on request - for a fee forward thereof. For the preclusion of damage claims of the customer, the regulation of the above point 1 applies, sentences 2 to 4 apply accordingly.
VIII. Final Provisions
1. Changes or additions to the contract, the acceptance of these Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
2. Place of performance and payment is the location of the hotel.
3. The exclusive jurisdiction - also for check and exchange disputes - for commercial transactions is the corporate headquarters of the hotel. Insofar as a contracting party fulfills the requirements of § 38 para. 2 ZPO and has no general jurisdiction in Germany, the courts at the corporate seat of the hotel.
4. German law applies. The application of the CISG and the conflict of laws is excluded.
5. Should individual provisions of these terms and conditions be invalid or void for hotel accommodation or be, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.