General Terms and Conditions for Hotel Accommodation Contracts
1 SCOPE OF APPLICABILITY
1.1 These terms and conditions govern contracts for the rental use of CM CityClass Hotel rooms for lodging purposes, as well as all other goods and services rendered by the CM CityClass Hotel to the customer in this context (CM CityClass Hotel Accommodation Contract). The term “CM CityClass Hotel Accommodation Contract” comprises and replaces the following terms: accommodation, lodging, hotel room contract.
1.2 The CM CityClass Hotel’s prior consent in written form is required if rooms provided are to be sublet or rented to a third party, or used for other than lodging purposes, whereby section 540, para. 1, sentence 2 German Civil Code (BGB) is waived insofar as the customer is not a consumer.
1.3 The customer’s general terms and conditions shall apply only if these are previously expressly agreed.
2 CONCLUSION OF CONTRACT, PARTIES, STATUTE OF LIMITATIONS
2.1 The CM CityClass Hotel and the customer are the contracting parties. The contract shall come into force upon the CM CityClass Hotel’s acceptance of the customer’s offer. At its discretion, the CM CityClass Hotel may confirm the room reservation in written form.
2.2 Any claims against the CM CityClass Hotel shall generally be time-barred one year after the commencement of the general statute of limitations period. Damage claims shall be time-barred after five years, dependent on knowledge thereof, insofar as they are not based on claims arising out of harm inflicted on life, limb, physical health or liberty. These damage claims shall be time-barred after ten years, independent of knowledge thereof. The reduction of the statute of limitation periods shall not apply to claims which are based on an intentional or grossly negligent breach of obligation by the CM CityClass Hotel.
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The CM CityClass Hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.
3.2 The customer is obligated to pay the agreed or applicable CM CityClass Hotel prices for rooms provided and for other services accepted. This also applies to services ordered by the customer directly or via the CM CityClass Hotel, which a third party provides and the CM CityClass Hotel disburses.
3.3 The agreed prices include all taxes in effect at the time of the conclusion of contract. This does not include locally levied taxes, which are owed by the guest himself according to the particular municipal law, such as visitor’s tax.
If the statutory value added tax is changed or if local taxes concerning the rooms and services are newly introduced after these have been contractually agreed upon, the prices will be adjusted. This only applies to contracts concluded with consumers, if four months have passed between the conclusion and fulfilment of the contract.
3.4 The CM CityClass Hotel can make its consent to the customer’s later request for a reduction of the number of reserved rooms, services of the CM CityClass Hotel or the customer’s length of stay dependent on the increase of the price for the rooms and/or for the other services.
3.5 CM CityClass Hotel invoices not stating a due date are payable without deduction and due within ten days of receipt of the invoice. The CM CityClass Hotel can demand immediate payment of due debt from the customer. With default of payment, the CM CityClass Hotel shall be 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 interest rate. The CM CityClass Hotel reserves the right to prove greater damage.
3.6 The CM CityClass Hotel is entitled to require a reasonable advance payment or a security, such as a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and payment dates may be agreed in written form in the contract. The statutory provisions shall remain unaffected with advance payments or a security for package tours.
3.7 In justified cases, e.g. the customer’s default in payment or expansion of the scope of the contract, the CM CityClass Hotel shall be entitled, also after the conclusion of the contract up to the commencement of the stay, to demand an advance payment or a security within the meaning of the above-mentioned No. 3.6 or an increase of the advance payment or a security agreed in the contract up to the total agreed remuneration.
3.8 Furthermore, the CM CityClass Hotel shall be entitled, at the commencement and during the customer’s stay, to demand a reasonable advance payment or security deposit within the meaning of the above-mentioned No. 3.6 for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned No. 3.6 and/or No. 3.7.
3.9 The customer may only set-off, reduce or clear a claim by the CM CityClass Hotel with a claim which is undisputed or decided with final, res judicata effect.
4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION, ANNULMENT)/FAILURE TO USE CM CITYCLASS HOTEL SERVICES (NO SHOW)
4.1 The customer can only withdraw from the contract concluded with the CM CityClass Hotel, if a right of withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal exists or if the CM CityClass Hotel gives its explicit consent to the withdrawal. The contractual agreement of a right of withdrawal as well as the consent to withdrawal from the contract has to be in written from.
4.2 Insofar as the CM CityClass Hotel and customer have agreed upon a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the CM CityClass Hotel. The customer’s right of withdrawal shall expire, if he does not exercise his right of withdrawal vis-à-vis the CM CityClass Hotel by the agreed date.
4.3 The CM CityClass Hotel is entitled to the contractually agreed rate even if the rooms are not used, if a contractual right of withdrawal was not agreed or has expired, a statutory right of withdrawal or cancellation is not given and the CM CityClass Hotel does not give its consent to the cancellation of the contract. The CM CityClass Hotel must credit the income from renting the rooms to other parties as well as for saved expenses. If the rooms are not rented otherwise, the CM CityClass Hotel can demand the contractually agreed rate and assess a lump sum for the saved expenses of the CM CityClass Hotel. In this case, the customer is obligated to pay at least 90 % of the contractually agreed rate for lodging with or without breakfast as well as all-inclusive arrangements with contracted services, 70 % for half-board and 60 % for full-board arrangements. The customer is at liberty to show that the above-mentioned claim was or has not amounted to the demanded sum.
5 WITHDRAWAL OF THE CM CITYCLASS HOTEL
5.1 Insofar as it was agreed that the customer can withdraw from the contract at no cost within a certain period of time, the CM CityClass Hotel is entitled for its part to withdraw from the contract during this period of time if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by the CM CityClass Hotel with a reasonable deadline set, does not waive his right of withdrawal.
5.2 If an agreed advance payment or an advance payment or a security demanded pursuant to No. 3.6 and/or No. 3.7 is not made even after a reasonable grace period set by the CM CityClass Hotel has expired, then the CM CityClass Hotel is likewise entitled to withdraw from the contract.
5.3 Moreover, the CM CityClass Hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if
- force majeure or other circumstances beyond the CM CityClass Hotel’s control render the fulfillment of the contract impossible;
- rooms or spaces are reserved with culpably misleading or false information or concealment regarding essential facts; the identity or solvency of the customer or the purpose of his stay can constitute essential facts;
- the CM CityClass Hotel has justified cause to believe that use of the CM CityClass Hotel’s services might jeopardize the smooth operation of the CM CityClass Hotel, its security or public reputation, without being attributable to the CM CityClass Hotel’s sphere of control or organization;
- the purpose or the cause of the stay is illegal;
- there is a breach of the above-mentioned No. 1.2.
5.4 The justified withdrawal by the CM CityClass Hotel constitutes no claims for damages for the customer.
6 ROOM AVAILABILITY, DELIVERY AND RETURN
6.1 The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed.
6.2 Reserved rooms are available to the customer starting at 2:30 p.m. on the agreed arrival date. The customer does not have the right to earlier availability.
6.3 Rooms must be vacated and made available to the CM CityClass Hotel no later than 11:00 a.m. on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the CM CityClass Hotel may charge 50 % of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 90 %). Contractual claims of the customer shall not be established hereby. The customer is at liberty to prove that the CM CityClass Hotel has no or a much lower claim for charges for use of the room.
7 LIABILITY OF THE CM CITYCLASS HOTEL
7.1 The CM CityClass Hotel is liable for harm inflicted on life, limb and physical health. Further it is liable for other damage caused with full intent or gross negligence or due to intentional or grossly negligent violation of obligations typical for the contract. A breach of obligation of the CM CityClass Hotel is deemed to be the equivalent to a breach of a statutory representative or vicarious agent. All other claims for damages are excluded, if not determined differently in this No. 7. Should disruptions or defects in the performance of the CM CityClass Hotel occur, the CM CityClass Hotel shall act to remedy such upon knowledge thereof or upon objection by the customer made without undue delay. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.
7.2 The CM CityClass Hotel is liable to the customer for property brought into the CM CityClass Hotel in accordance with the statutory provisions. It recommends the use of the CM CityClass Hotel or room safe. If the guest wishes to bring with him money, securities, stocks, bonds or valuables with a value of more than 800 EUR or other things with a value of more than 3500 EUR, a separate safekeeping agreement is necessary.
7.3 Insofar as a parking space is provided to the customer in the CM CityClass Hotel garage or a CM CityClass Hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. The CM CityClass Hotel only assumes liability for loss of or damage to motor vehicles parked or manoeuvred on the CM CityClass Hotel’s property and the contents thereof only pursuant to the preceding No. 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the CM CityClass Hotel with the greatest possible diligence.
Messages, mail, and merchandise deliveries for guests shall be handled with care. The CM CityClass Hotel will deliver, hold, and, for a fee, forward such items (on request). The CM CityClass Hotel only assumes liability according to the preceding No. 7, sentences 1 to 4.
8 FINAL PROVISIONS
8.1 Amendments and supplements to the contract, the acceptance of offers or these general terms and conditions should be made in written form. Unilateral amendments or supplements by the customer are invalid.
8.2 For commercial transactions the place of performance and payment as well as, in the event of litigation, including disputes for checks and bills of exchange, the exclusive court of jurisdiction is the location of the CM CityClass Hotel. Insofar as a contracting party fulfils the requirements of section 38, para. 2 of the German Code of Civil Procedure (ZPO) and does not have a place of general jurisdiction within the country, the courts at the location of the CM CityClass Hotel.
8.3 The contract is governed by and shall be construed in accordance with German law. The application of the UN Convention on the International Sale of Goods and Conflict Law are precluded.
8.4 Should individual provisions of these general terms and conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.
9 DATA PROCESSING AND DATA PROTECTION
9.1 The Costumer´s personal data and all data will be stored an process electronically for the purpose of fulfilling the contact.
9.2 CM CityClass Hotel will only make use of this data for the purpose of fulfilling the contract, within the framework of the overall business relationship with the Costume and in accordance with the statutory requirements of the German Federal Data Protection Act. If any third party is involved in the fulfillment of the contact, the data protection requirements of Germany Federal Data Protection Act applicable to order data processing must be complied with.
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(Version April 2018)