1. scope of application
HOTEL ALLEGRO KÖLN
General Terms and Conditions for the Hotel Accommodation Contract
1.1 These Terms and Conditions shall apply to contracts for the rental of hotel rooms for accommodation purposes as well as all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms:
Accommodation, hospitality, hotel or hotel room contract.
1.2 The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
2 Conclusion of contract, contracting parties / limitation period
2.1 The contracting parties are the hotel and the customer. The contract is concluded by the hotel's acceptance of the customer's application. The hotel is free to confirm the room booking in text form.
2.2 All claims against the hotel are generally subject to a limitation period of one year from the statutory commencement of the limitation period. This does not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3. services, prices, payment, offsetting
3.1 The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by the customer. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel (online booking portals).
3.3 The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Not included are local taxes which are owed by the guest according to the respective local law, such as, for example, the bed tax currently in force in Cologne (cultural promotion tax of 5 % on gross hotel turnover). In the event of a change in the statutory turnover tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly.
3.4 Invoices of the hotel without a due date are to be paid immediately. In the event of default of payment by the customer, the statutory provisions shall apply. The hotel or the customer reserves the right to prove higher damages.
3.5 The hotel is entitled to require a credit card guarantee and to check this for validity and solvency at the time of booking and, if necessary, to reserve a security amount. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected. In the event of default of payment by the customer, the statutory provisions shall apply.
3.6 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 and up to the start of the stay, to demand an advance payment or provision of security within the meaning of clause 3.5 above or an increase in the advance payment or provision of security agreed in the contract up to the full agreed remuneration.
3.7 Furthermore, the hotel is entitled to demand from the customer a reasonable advance payment or security deposit within the meaning of clause 3.6 above for existing and future claims arising from the contract at the beginning of and during the stay, insofar as such a payment has not already been made in accordance with clause 3.5 and/or clause 3.6 above.
3.8 The customer may only offset or set off a claim of the hotel against a claim of the hotel that is undisputed or legally binding.
3.9 The hotel accepts VISA, Mastercard, American Express and EC card as non-cash means of payment. This applies to amounts from € 20.00.
4. withdrawal of the customer, cancellation, non-utilisation of the hotel service (no-show)
4.1 The customer 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 consents to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall in each case be made in text form.
4.2 If a date for withdrawal from the contract free of charge has been agreed between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering any claims for payment or damages on the part of the hotel.
Outside of trade fairs and major events, a free cancellation period of 1 day before arrival applies for individual bookings. This applies to bookings of up to 3 rooms per booking process.
The customer's right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date. In this case, the hotel reserves the right to charge 100% of the total stay.
4.3 If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite the non-utilisation of the service. The customer is at liberty to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.
5. withdrawal of the hotel
5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract during this period if there are enquiries from other customers about the contractually booked rooms and the customer does not waive his right to withdraw after being asked by the hotel to do so within a reasonable period of time.
5.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.5 and/or Clause 3.6 is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
5.3 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 spaces are culpably booked with misleading or false information or concealment of material facts; material facts may be the identity of the customer, the ability to pay or the purpose of the stay;
- the hotel has reasonable grounds to assume that the use of the service may jeopardise the smooth operation of the business, the security or the reputation of the hotel in public without this being attributable to the hotel's sphere of control or organisation;
- the purpose or reason for the stay is unlawful;
- there is a breach of clause 1.2 above.
5.4 The justified withdrawal of the hotel does not entitle the customer to compensation.
6. room provision, handover and return
6.1 The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed.
6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no right to earlier availability. We hold rooms guaranteed by credit card or prepayment available for an unlimited period, unless clause 5.2 applies.
6.3 On the agreed day of departure, 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 daily rate for use of the room in excess of the contract rate until 4:00 p.m. and 100 % of the daily rate after 4:00 p.m. due to the late vacating of the room. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotel has not incurred any or a significantly lower claim to a usage fee.
7.1 The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise provided for in this clause 7. In the event of disruptions or defects in the hotel's services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and to keep any possible damage to a minimum.
7.2 The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel expressly recommends the use of the hotel safes in the rooms. If the guest wishes to bring in money, securities and valuables with a value of more than € 800.00 or other items with a value of more than € 3,500.00, this requires a separate storage agreement with the hotel.
7.3 Insofar as a parking space is made available to the customer in the hotel garage, even for a fee, this shall not constitute a safekeeping contract. The hotel shall not be liable for loss of or damage to parked or manoeuvred motor vehicles and their contents.
7.4 Messages, mail and consignments of goods for our hotel guests will be handled with care. The hotel shall undertake the delivery, safekeeping and - on request - forwarding of the same against payment. However, the hotel is not liable for any damage that may be caused by the delivery.
8. final provisions
8.1 Amendments and supplements to the contract, the application acceptance or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements by the customer are invalid.
8.2 The place of performance and jurisdiction is Cologne.
8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
8.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.