|General Terms and Conditions|
General Terms and Conditions for the services of City Hotel Valois GmbH
1. The contract with the customer (standardized term for: ordering parties, event organizers, guests, etc.) shall be concluded once the hotel issues a confirmation of order. Only these Terms and Conditions shall form an integral part of the contract; any terms and conditions of the customer shall not be recognised; they shall apply for all services provided by the hotel, in particular for the provision of hotel rooms and other hotel premises (hereinafter referred to as: provision of services). If the order has been placed by a third party on the customer's behalf, they shall be jointly and severally liable to the hotel together with the customer. The hotel shall be entitled to demand a reasonable advance payment from the customer and/or the third party. The hotel guest shall be liable if the party responsible for paying the expenses fails to pay the hotel bill. Subletting or re-letting shall require the written consent of the hotel.
2. All prices are based on the price list applicable at the time of the provision of services. If the confirmation of order specifies fixed prices and if more than 4 months elapse between the conclusion of the contract and provisions of services, the hotel shall be entitled to change the prices.
3. In the case of concluded hotel accommodation contracts in which the customer may unilaterally withdraw from the contract (reservations), the right of withdrawal shall expire – even if the customer is the tour operator – if the customer does not submit written notice of withdrawal from the contract to the hotel within the period given in the reservation. If no period is given, notice of withdrawal must be served at the latest one month prior to the provision of services (received in writing by the hotel).
4. a) The hotel shall endeavour to carry out wake-up calls with the due care of a prudent businessman.
b) Messages, mail and merchandise deliveries for the customer are handled with the same care. The hotel will hold, deliver and – upon request and for a fee– forward such items.
c) Items forgotten by the customer shall only be forward at the customer's request, risk and expense. The hotel shall retain such items for six months and shall charge a reasonable fee for doing so. Afterwards the items will be handed over to the local lost property office, provided that they are not of any discernible value.
d) Any liability on the part of the hotel pursuant to a) – c) is excluded.
5. Insofar as a parking space is provided to the customer in the hotel garage of a car park, this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel is not under any obligation to provide secured parking services.
6. The hotel is liable to exercise the due care and diligence of a prudent businessman. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavour or provide relief upon the customer’s immediate notification of defects. Notwithstanding Subsection 6 and Sections 701 et seq German Civil Code (BGB), the hotel shall only be liable for intent or gross negligence on the part of the legal representatives of the hotel company or on the part of the hotel's executive staff. Safekeeping of items must be expressly agreed. The customer shall only be entitled to offset, reduce or withhold payment in the case of undisputed counterclaims that have been upheld before a court of law. With the exception of Sections 701 et seq German Civil Code (BGB), any liability on the part of the hotel shall be limited to the amount of the agreed rent. Any claims of the customer shall be time-barred after 6 months, starting from the termination of the contract. This limitation of liability and the short period of limitation shall apply for the benefit of the hotel even in case of breaches of obligation during the preparation of the contract, positive breach of contract and unlawful acts.
7. In the event of force majeure (fire, strike, etc.) or other obstacles for which the hotel is not responsible, or other circumstances that may be regarded as adverse for the hotel (e.g. reputational risks), in particular circumstances beyond the hotel's control, the hotel reserves the right to withdraw from the contract, without the customer being entitled to damages, for example.
8. The customer shall be liable to the hotel for any damages or losses occurring during the contract, unless the damage occurred in the hotel's area of responsibility or was caused by a third party and the third party actually pays compensation, proof of which the customer must furnish.
9. The customer must procure any official permits required for an event in due time and at his own expense. He shall be responsible for complying with public law requirements and other regulations. Charges payable for the event to third parties, in particular GEMA fees, amusement tax, etc., are to be paid directly to the creditor by the customer.
10. If the hotel procures technical or other equipment from third-parties, it shall do so on behalf of and for the account of the customer, who shall be liable for treating the facilities carefully and duly returning them and shall indemnify the hotel and hold it harmless from third-party claims arising in connection with the provision of the equipment.
11. The customer is generally prohibited from bring food and beverages to events. In exceptional cases (e.g. national specialities), food and beverages may be brought subject to a written arrangement; at least a service fee or corkage will be charged.
12. The customer undertakes to inform the hotel promptly and of its own accord, however no later than upon conclusion of the contract, if the provision of services and/or the event is likely to arouse public interest or affect the hotel's interests, whether owing to its political or religious nature or for other reasons. On principle, newspaper ads, other advertising measures and publications that refer to the hotel and/or that for instance contain invitations to job interviews or sales events, require the written consent of the hotel. If the customer breaches this notification obligation or if a publication occurs without such consent, the hotel shall have the right to cancel the event. In this case, subsection 4 of the General Terms and Condition (payment of rent and the adequate remuneration) and the Appendix to these Terms and Conditions shall apply accordingly.
13. Reserved rooms are available to the customer from 3:00 p.m. The rooms must be vacated no later than 12.00 noon on the day of departure; in the event of usage beyond this time, the hotel shall be entitled to charge a surcharge. The hotel has the right to re-let booked rooms if the customer fails to arrive by 6 p.m. Booked rooms will be held in cases of guaranteed reservations. In this case, the hotel shall have the right to charge 80% of the agreed price if the room is not used. Free cancellation is possible up to one day prior to arrival in the case of individual bookings.
14. Invoices that are not due on a specific date are payable without deduction within ten days of the invoice date; the customer shall be deemed to be in arrears on receiving the first reminder. Once the customer is in arrears, default interest of 4% above the Bundesbank discount rate shall be due on the invoice, unless the hotel furnishes proof of a higher or the customer furnishes proof of lower damage caused by default. A dunning charge of € 5.00 shall be owed for every reminder sent once the customer is in arrears.
15. The place of performance and payment for both parties is the registered domicile of the hotel. German law shall apply. The legal venue is the registered domicile of the hotel in Wilhelmshaven.
16. Deviating or subsidiary agreements must be concluded in writing in order to be effective. Should individual provisions of this contract – including these General Terms and Conditions – be ineffective, this shall not affect the validity of the remaining provisions. The parties shall undertake to immediately replace the invalid provisions with such valid provisions that most closely approximate the purpose of the invalid provisions.