Terms and Conditions for Hotel Accommodation Contract
Parkhotel Krone | Darmstaedter Strasse 168 | 64625 Bensheim-Auerbach
1.1 These Terms and Conditions govern contracts for the rental use of hotel rooms for
lodging purposes, as well as all the other supplies and services rendered in this context by the Hotel for the Customer (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” comprises and replaces the following terms:
Accommodation, lodging, Hotel, hotel room contract.
1.2 Subletting or re-letting of the rooms provided, as well as the use thereof for
anything other than lodging purposes must be approved previously by the Hotel in writing, section 540, para. 1 sentence 2 BGB (German Civil Code) shall be considered as waived insofar as the Customer is not a consumer.
1.3 Any general terms and conditions of the Customer shall apply only if this has been
expressly agreed previously.
2 CONCLUSION OF CONTRACT, PARTIES, STATUTE OF LIMITATION
2.1 The Parties to the contract shall be the Hotel and the Customer. The contract shall be concluded by acceptance of the Customer’s request by the Hotel. The Hotel shall be free to confirm the room reservation in text form.
2.2 All claims against the Hotel shall generally be time-barred one year after
commencement of the statutory limitation period. This does not apply to claims for damages and other claims, if the latter are based on an intentional or grossly negligent breach of obligation on the part of the Hotel.
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The Hotel shall be obligated to keep the rooms reserved by the Customer
available and to render the agreed services.
3.2 The Customer shall be obliged to pay the agreed or applicable prices of the Hotel
for the rooms provided and for the other services used by him. This also applies to services ordered by the Customer directly or via the Hotel which are rendered by third parties and advanced by the Hotel.
3.3 The agreed prices include the taxes and local dues applicable at the time of
conclusion of the contract. They do not include local dues which, in accordance with the respective communal law, are payable by the guests themselves, such as visitor’s tax. When there is a change in the statutory value-added tax or in case of a new introduction, amendment or abolition of local dues on the object of the service after conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this applies only if the period between conclusion and performance of the contract exceeds four months.
3.4 The Hotel can make its consent to the Customer’s request regarding subsequent
reduction of the number of reserved rooms, the Hotel’s services or the Customer’s length of stay contingent on the price for the rooms and/or for the other services of the Hotels increasing.
3.5 Hotel invoices not showing a due date shall be payable within 10 days from
receipt of the invoice, without deduction. The Hotel may request immediate payment of all due receivables from the Customer at any time. In the event of default in payment on the part of the Customer, the statutory regulations shall apply. The Hotel reserves the right to prove higher damage.
3.6 The Hotel shall be entitled to request from the Customer upon conclusion of the
contract payment of a reasonable advance amount or the provision of security, for
example in the form of a credit card guarantee. The amount of the advance payment and the dates of payment may be agreed in writing in the contract. In case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected. In the event of default in payment on the part of the Customer, the statutory regulations shall apply.
3.7 In justified cases, for example, payment arrears on the part of the Customer or
extension of the scope of the contract, the Hotel shall be entitled, even after
conclusion of the contract, up to the beginning of the stay, to request an advance
payment or security deposit within the meaning of the above-mentioned paragraph
3.6 or an increase of the advance payment or security deposit agreed in the
contract up to the full remuneration agreed.
3.8 The Hotel shall further be entitled to request from the Customer a reasonable
advance payment or security deposit within the meaning of the above-mentioned paragraph 3.6 at the beginning and during the stay of the Customer for existing and future claims which might arise from the contract, insofar as such has not already been made according to the above paragraph 3.6 and/or paragraph 3.7.
3.9 The Customer shall only be entitled to offset via an undisputed or legally binding
claim against a claim on the part of the Hotel.
4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION, RESCISSION)/ FAILURE TO USE THE HOTEL’S SERVICES (“NO SHOW”)
4.1 Withdrawal from the contract concluded with the Hotel shall only be possible if a
right of withdrawal has been stipulated explicitly in the contract, if there is another legal right of withdrawal or if the Hotel explicitly consents to the withdrawal from the contract. To be valid, agreement of a right of withdrawal and the consent to withdrawal from the contract, if any, shall be made in written form.
4.2 If a date for withdrawal from the contract free of costs has been stipulated
between the Hotel and the Customer, the Customer may withdraw from the contract by that date without this giving rise to claims for payment or damages on the part of the Hotel. The Customer’s right to withdraw shall be void if he/she does not exercise his/her right of withdrawal vis-à-vis the Hotel by the stipulated date.
4.3 If a right of withdrawal has already expired, there is no legal right of withdrawal or termination. The Hotel retains the claim to the agreed remuneration despite the failure to use the service. The Hotel may indicate a lump sum for the expenses saved due to the failure to use the service. In this case, the Customer is obligated to pay 90% of the contractually agreed price for accommodation and 80% lump sum rates due to the Hotel.
5 WITHDRAWAL ON THE PART OF THE HOTEL
5.1 If it has been agreed that the Customer is entitled to withdraw from the contract
free of charge within a certain period of time, the Hotel shall be entitled to
withdraw from the contract on its part within the same period of time if inquiries
from other Customers for the contractually booked rooms exist and the Customer,
upon inquiry by the Hotel, does not waive his/her right of withdrawal stating a
5.2 If an advance payment or security deposit agreed or requested under paragraph
3.6 and/or paragraph 3.7 is not made even after a reasonable period of grace set
by the Hotel has expired, the Hotel shall likewise be entitled to withdraw from the
5.3 Moreover, the Hotel shall be entitled to an extraordinary withdrawal from the
contract for an objectively justifiable reason especially if
- force majeure or other circumstances for which the Hotel is not responsible make it impossible to perform the contract;
- rooms are booked culpably based on misleading or false information or concealment of material facts; to this effect, the identity of the Customer, his/her solvability or the purpose of the stay may be essential;
- the Hotel has justified cause to believe that use of the services might jeopardize smooth business operations, the safety or the reputation of the Hotel in public, without this being attributable to the Hotel’s sphere of control or organization;
- the purpose of or the reason for the stay is illegal;
- the above paragraph 1.2 has been infringed upon.
5.4 The justified withdrawal on the part of the Hotel shall not entitle the Customer to damages.
6 PROVISION, HANDOVER AND RETURN OF ROOMS
6.1 The Customer shall not be entitled to the provision of specific rooms unless this
has been explicitly agreed.
6.2 Reserved rooms are available to the Customer starting at 3:00 p.m. of the agreed
day of arrival. The Customer shall not be entitled to earlier provision.
6.3 On the agreed day of departure, the rooms shall be vacated and returned to the
Hotel no later than 12:00. After that time, the Hotel, because of the delayed
vacating of the room for use exceeding the contractual use until 16.00h, may
charge in addition 30.00€, from 16:00 up to 100% of the daily room rate.
7 HOTEL’S LIABILITY
7.1 The Hotel shall be liable for any damages resulting from the injury of life, body or
health for which it can be held responsible. Moreover, it shall be liable for other
damage caused by intentional or grossly negligent breach of obligation on the part
of the Hotel or by an intentional or negligent breach of obligations which are
typical for the contract on the part of the hotel. A breach of obligation by the Hotel
is equal to that by a legal representative or vicarious agents. Any further claims for
damages shall be excluded unless they have been stipulated otherwise under
item 7. Should disruptions or defects in the performance of the Hotel occur, the
Hotel, upon knowledge thereof or upon immediate objection by the Customer,
shall endeavor to take remedial action. The Customer shall be obliged to take
action to the extent reasonable for him/her to eliminate the disruption and to keep
any possible damage at a minimum.
7.2 The liability of the Hotel for items taken along by the Customer shall be subject to
the legal regulations. The Hotel recommends use of the hotel or room safe. If the
guest intends to take along money, securities and valuables with a value of more
than 800 euros or other property with a value of more than 3,500 euros, this
requires a separate deposit contract with the Hotel.
7.3 Wake-up calls shall be carried out by the hotel with maximum care.
Messages, mail and the consignment of goods for guests shall be handled with
care. The Hotel does not assume any guarantee or liability for the same.
8 FINAL PROVISIONS
8.1 Any changes and amendments to the contract, the acceptance of the request or these General Terms and Conditions should be made in text form. Unilateral amendments or supplements by the Customer shall be invalid.
8.2 The place of fulfilment, payment and the exclusive place of jurisdiction for commercial transactions shall be Bensheim.
8.3 German law shall apply. The application of the United Nations Convention on
Contracts for the International Sale of Goods and the conflict-of-laws regulations
shall be ruled out.
Darmstädter Straße 168
Tel.: +49 (0)6251-989910
Fax: +49 (0)6251-98991199
Open daily from 06:00h until 22:00h
- Restaurant and Bar with Lounge
Our Restaurant open 15:00h bis 24:00h.
For Dinner daily 17:00h - 22:00h
24 h for Guests
18:00h - 22:00h on Request