Hotel C&S

General Terms and Conditions of C&S Hotel

I. Scope of Application

1) These General Terms and Conditions apply to all contracts concerning the provision of hotel rooms for accommodation purposes and all related services.

2) These Terms and Conditions apply exclusively. Any conflicting or deviating terms and conditions of the customer shall not be recognized unless they have been expressly agreed to in writing in advance.

II. Conclusion of Contract and Contracting Parties

1) The contract shall only be concluded once the hotel accepts the customer’s offer to enter into a contract and confirms this to the customer in text form. If confirmation in text form is not possible or not desired in an individual case, an express confirmation by telephone from the hotel shall also be sufficient.

2) The contracting parties are the hotel and the customer who makes use of the hotel’s services. If a third party has made the booking on behalf of the customer, that third party shall be jointly and severally liable to the hotel together with the customer for all obligations arising from the hotel accommodation contract.

III. Services, Prices and Payment

1) The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services. Unless otherwise agreed, the customer has no claim to the provision of a specific room.

2) The customer is obliged to pay the applicable or agreed prices of the hotel for the provision of the room and for any additional services used by the customer. This also applies to services and expenses paid by the hotel to third parties at the customer’s request.

3) The agreed prices include the applicable statutory value added tax. If the statutory value added tax increases after the conclusion of the contract, the value added tax rate applicable at the time of room use shall apply.

4) If the period between conclusion of the contract and performance of the contract exceeds four months and the price generally charged by the hotel for such services increases between conclusion of the contract and provision of the service, the hotel may reasonably increase the contractually agreed price, but by no more than 10%. In this case, the customer shall be entitled to withdraw from the contract.

5) The hotel is entitled to make the binding reservation of the room dependent on the payment of a deposit. The hotel may also request an appropriate deposit after the conclusion of the contract.

6) The invoice amount payable by the customer shall be due and payable no later than upon the customer’s departure. Deposits requested by the hotel must be paid by the date specified by the hotel.

7) The hotel is entitled at any time, including after the room has been handed over, to request advance payment of the full price or a security deposit if it has doubts about the customer’s ability to pay. For stays of more than one week or for claims exceeding EUR 1,000.00 for services already provided, the hotel may also issue interim invoices, which shall be due for immediate payment.

8) If the customer is in default of payment with even one invoice, the hotel is entitled to suspend all further and future services for the customer, provided that the hotel has previously issued a reminder to the customer, set a deadline for payment and announced the suspension of future services in the event of non-payment within the deadline.

9) The hotel reserves the right in each individual case to decide whether to accept a credit card and which credit cards to accept, even if the general acceptance of credit cards is indicated by notices displayed at the hotel. The acceptance of cheques, credit cards and other means of payment shall only be on account of performance.

IV. Set-Off and Right of Retention

1) The customer shall only have a right of set-off against claims of the hotel if the customer’s counterclaims have been legally established, are undisputed or have been acknowledged by the hotel.

2) A right of retention shall only exist insofar as the hotel’s claim and the customer’s counterclaim arise from the same contractual relationship.

V. Withdrawal by the Hotel

1) If, in an individual case, the customer has been granted a right to withdraw from the contract free of charge within a certain period in writing at the time of conclusion of the contract, the hotel shall also be entitled to withdraw from the contract during this period if other customers have requested the contractually booked rooms and the customer does not waive the right of withdrawal upon request by the hotel.

2) If a deposit or advance payment is not made even after the expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.

3) Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if:

  • force majeure or other circumstances beyond the hotel’s control make performance of the contract impossible;
  • rooms are booked under misleading or false information regarding essential facts, for example concerning the identity of the customer or the purpose of the booking;
  • the hotel has justified reason to believe that the use of the hotel service may endanger the smooth operation of the business, the safety or security of the hotel, or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
  • the customer allows a third party to use the room without the consent of the hotel;
  • the customer brings or accommodates a pet in the hotel room without the prior express consent of the hotel.

4) In the event of a justified withdrawal by the hotel, the customer shall have no claim for damages.

VI. Withdrawal by the Customer / No-Show

1) The customer shall only have a right of withdrawal in accordance with the statutory provisions or on the basis of a contractual agreement. If, in an individual case, a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer at the time of conclusion of the contract, the customer may withdraw from the contract only up to that date without triggering payment claims or claims for damages by the hotel.

2) Otherwise, the customer shall remain obliged to pay the agreed remuneration even if the customer does not make use of the hotel’s services. However, the hotel must offset any income from renting the rooms to other customers as well as any saved expenses.

3) The hotel is entitled to calculate saved expenses on a flat-rate basis. In this case, the customer is obliged to pay 100% of the agreed room price. The customer remains entitled to prove that the actual saved expenses were higher or that the hotel incurred no damage or only a significantly lower damage.

VII. Room Handover, Room Return and Transfer to Third Parties

1) Booked rooms shall be available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no claim to earlier availability unless this has been separately agreed.

2) Unless a later arrival time has been agreed in advance, or unless the room has already been fully paid for in advance, or unless the customer has provided the hotel with a credit card number that enables the hotel to charge the room price in the event of non-arrival, the hotel has the right to allocate the booked room to another guest after 6:00 p.m. In this case, the customer shall have no claims against the hotel.

3) On the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 10:00 a.m. After this time, the hotel may charge 50% of the full accommodation price for use beyond the contractual period until 12:00 p.m.; from 12:00 p.m. onwards, 100% of the full accommodation price may be charged. This shall not give rise to any contractual claims on the part of the customer. The customer remains entitled to prove that the hotel incurred no damage or only a significantly lower damage. Further possible claims for damages by the hotel remain unaffected.

4) The subletting or further letting of the rooms provided, as well as their use for purposes other than accommodation, requires the prior written consent of the hotel. If the hotel does not consent to such subletting or further letting, this shall not give the customer a right of withdrawal.

VIII. Pets

1) Pets are generally not permitted in our hotel. This applies regardless of the size, type or breed of the animal and includes, in particular, dogs, cats, birds, rodents and all other pets.

2) Bringing, accommodating or temporarily keeping pets in hotel rooms, communal areas, corridors, breakfast areas or any other areas of the hotel is not permitted without the hotel’s prior express written consent.

3) If a pet is brought to or accommodated in the hotel without the hotel’s prior express consent, the hotel is entitled to refuse accommodation, terminate the existing accommodation contract for good cause or request the guest to leave the hotel.

4) In such a case, the hotel’s claim to payment of the agreed room price shall remain in place to the extent permitted by law. Further claims of the hotel shall remain unaffected.

5) The guest shall be liable for all damage, contamination, unpleasant odors or other impairments caused by the animal. This includes, in particular, damage to furniture, floors, walls, doors, textiles, bed linen, towels and other hotel inventory.

6) Any additional costs incurred, in particular for special cleaning, odor removal, repairs, replacement purchases or temporary loss of use of the room, may be charged to the guest.

7) Assistance dogs whose presence is required by law or specially protected by law shall be exempt from this rule only to the extent that the hotel is legally obliged to allow them. The guest is obliged to inform the hotel before arrival and, upon request, provide appropriate proof.

IX. Right of Refusal / Right to Expel

The hotel is entitled to refuse a customer access to the hotel and accommodation if, upon arrival, there is justified concern that the customer is under the influence of alcohol or drugs, or if the customer behaves abusively towards hotel staff or other guests.

Furthermore, the hotel is entitled to refuse a customer access to the hotel and accommodation if, upon arrival, the customer does not display an appropriate level of cleanliness of clothing, for example due to dirty work clothing in a manual trade or craft profession.

The hotel is entitled to expel a customer from the hotel and terminate the existing contract with immediate effect if the customer repeatedly disturbs the peace, harasses or insults other guests or hotel staff.

X. Liability of the Hotel / Limitation Period

1) The hotel’s strict liability under Section 536a of the German Civil Code shall be excluded.

2) If the customer is provided with a parking space in the hotel car park, whether free of charge or for a fee, the hotel assumes no responsibility for the parked vehicle or for items stored inside it; no safekeeping agreement is thereby concluded. Accordingly, the hotel shall not be liable for loss of or damage to motor vehicles parked or moved on the hotel property or to their contents, unless the hotel caused the damage intentionally or through gross negligence.

3) The hotel shall be liable to the customer for damage to other items brought into the hotel in accordance with the statutory provisions of Sections 701 et seq. of the German Civil Code. Money, securities and valuables may be stored in the hotel safe. The hotel recommends that guests make use of this option.

4) The hotel shall generally be liable for financial losses of the customer only in cases of intent or gross negligence. Notwithstanding the foregoing, the hotel shall also be liable for financial losses caused by simple negligence if the hotel has culpably breached an essential contractual obligation. In such a case, liability for damages shall be limited to the foreseeable damage typical for this type of contract. Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose compliance the customer may regularly rely.

5) The above limitations of liability shall apply to all claims for damages, irrespective of their legal basis.

6) All claims against the hotel shall generally become time-barred one year after the beginning of the regular limitation period dependent on knowledge under Section 199(1) of the German Civil Code. Claims for damages shall become time-barred no later than five years, irrespective of knowledge of the circumstances giving rise to the claim and the identity of the debtor. These shortened limitation periods shall not apply to claims based on culpable injury to life, body or health, or on the breach of essential contractual obligations, or on an intentional or grossly negligent breach of other obligations by the hotel.

XI. Final Provisions

1) Amendments or additions to the contract and to these Terms and Conditions must be made in writing.

2) The place of performance and payment shall be the registered location of the hotel.

3) The exclusive place of jurisdiction, including for disputes concerning cheques and bills of exchange, shall be the registered location of the hotel in commercial transactions. This shall also apply if the customer has no general place of jurisdiction in Germany.

4) German law shall apply exclusively. The application of the United Nations Convention on Contracts for the International Sale of Goods and private international law is excluded.

5) Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic purpose pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply accordingly if the contract proves to contain a gap. In all other respects, the statutory provisions shall apply.