GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION AGREEMENT
FOREWORD
The “Hotel Börse” accommodation complex comprises a family-run hotel complex. A total of 35 rooms are available, spread across three buildings on and around the Untermarkt in 02826 Görlitz:
The main building*
“Hotel Börse”, Untermarkt 16, 02826 Görlitz
The guest house*
“Gästehaus im Flüsterbogen”, Untermarkt 22, 02826 Görlitz
The hostel*
“Herberge Zum Sechsten Gebot”, Rosenstraße 8, 02826 Görlitz (entrance at Untermarkt 22)
*The “Hotel Börse” serves as the main building, housing the reception and breakfast area for guests of all three establishments. The “Gästehaus im Flüsterbogen” and “Herberge Zum Sechsten Gebot” buildings contain guest rooms only.
The following General Terms and Conditions apply to all hotel accommodation contracts concluded with us; they apply without restriction to all the establishments mentioned.
The GTC apply to all contracts concluded verbally at reception, online, via external booking platforms, and in writing by post or email.
1. SCOPE OF APPLICATION
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all further services and supplies provided to the customer in this context by Hotel Börse and its guesthouses (hotel accommodation contract). The term “hotel accommodation contract” encompasses and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
1.2 The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the hotel; knowledge of and acceptance of Section 540(1) sentence 2 of the German Civil Code (BGB) is a prerequisite prior to any such request.
1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in writing in advance.
2. CONCLUSION OF THE CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD
2.1 The contracting parties are the hotel and the customer. The contract is concluded upon the hotel’s acceptance of the customer’s application. The hotel is free to confirm the room booking in writing.
2.2 All claims against the Hotel shall generally become time-barred one year after the statutory limitation period begins. This shall not apply to claims for damages and other claims, provided the latter are based on an intentional or grossly negligent breach of duty by the Hotel.
3. SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The guest is obliged to pay the hotel’s agreed or applicable rates for the provision of the rooms and any additional services used by them. This also applies to services commissioned by the guest directly or via Hotel Börse, which are ultimately provided by third parties and initially advanced by the hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. They do not include local charges which, under the relevant local law, are payable by the guest themselves, such as visitor’s tax. In the event of a change in statutory VAT or the introduction, amendment or abolition of local charges on the subject matter of the service after the contract has been concluded, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between the conclusion of the contract and its performance exceeds four months.
3.4 The “Hotel Börse” may make its consent to a subsequent reduction in the number of rooms, services or days of stay requested by the customer conditional upon an appropriate increase in the price for the retained rooms and/or other services.
3.5 Invoices from the hotel are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment must be made – subject to any other agreement in writing which can be proven – within ten days of receipt of the invoice without deduction.
3.6 The hotel is entitled to require the customer to make a reasonable advance payment or provide security, for example in the form of a credit card guarantee, upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. In the event of late payment by the customer, the statutory provisions shall apply.
3.7 In justified cases, for example where the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled, even after the contract has been concluded and up to the start of the stay, to demand an advance payment or security deposit within the meaning of clause 3.6 above, or an increase in the remuneration agreed in the contract up to the full amount.
3.8 The hotel is also entitled, at the start of and during the stay, 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, insofar as such a payment or deposit has not already been made in accordance with clause 3.6 and/or clause 3.7 above.
3.9 Set-offs of any kind are subject to undisputed proof of the validity of a counterclaim.
3.10 The customer agrees that the invoice may be sent to them electronically.
4. CANCELLATION OF THE CONTRACT BY THE CUSTOMER (CANCELLATION, WITHDRAWAL) / FAILURE TO TAKE UP BOOKED SERVICES (“NO SHOW”)
4.1 The customer may only withdraw from an agreement already concluded if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists, or the Hotel agrees to the cancellation of the contract without reservation and in writing.
4.2 Provided that a deadline (to be evidenced if required) has been agreed with “Hotel Börse” within which withdrawal from the contract is possible free of charge, such withdrawal may be made in writing. In this case, the cancellation does not entitle the hotel to any claims for payment or damages.
4.3 If a right of withdrawal or termination has not been agreed or has already expired, no recourse may be had to corresponding statutory claims. If the hotel does not agree to the cancellation of the contract, the hotel retains the right to the agreed remuneration despite the service not being utilised. The hotel must offset any income from re-letting the rooms as well as any expenses saved. If the rooms are not re-let, the hotel may apply a flat-rate deduction for expenses saved. In this case, the customer is obliged to pay 90% of the contractually agreed price for booked overnight stays with or without breakfast, as well as for package deals including arranged third-party services. The customer is free to provide evidence that the aforementioned claim has not arisen or has not arisen to the extent claimed.
5. WITHDRAWAL BY THE HOTEL
5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the “Hotel Börse” shall also remain entitled during this period to withdraw from an informal provisional agreement. This option may come into effect if enquiries are received from other customers regarding the rooms requested on a non-binding basis and the customer who has made a provisional booking fails to provide a binding commitment within a reasonable period set by the hotel upon request.
5.2 If an advance payment or security deposit agreed or requested in accordance with Clause 3.6 and/or Clause 3.7 is not made even after the expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract for a demonstrably justified reason if force majeure or other circumstances beyond the hotel’s control render performance of the contract impossible.
Furthermore, the Hotel reserves the right to withdraw from the contract if rooms are deliberately booked on the basis of misleading or false information, or if the intended use proves to be incompatible with the house rules. Furthermore, if there is reasonable cause to doubt a guest’s trustworthiness, solvency or integrity. Ensuring safe hotel operations for all guests and staff, respectful behaviour and a pleasant atmosphere in the hotel is our top priority.
5.4 The hotel’s justified cancellation does not entitle the customer to claim damages.
6. PROVISION, HANDOVER AND RETURN OF ROOMS
6.1 The customer shall have no entitlement to the provision of specific rooms, unless explicit room requests have been expressly agreed in writing.
6.2 Booked rooms are available to the customer from 14:00 on the agreed day of arrival. The customer has no entitlement to earlier provision.
6.3 On the agreed day of departure, the rooms must be made available to the hotel, fully vacated, by 11:00 am at the latest. Thereafter, due to the late vacating of the room, the hotel may charge 25% of the full accommodation price (price as per the price list) for its use beyond the contractual period until 14:00, and 100% from 14:00 onwards. This does not affect the customer’s contractual claims – verifiable proof that the hotel has no claim, or only a reduced claim, to the usage fee charged may be provided.
6.4 Any unauthorised continued use of the room by the guest may result in another guest being unable to check into the room reserved for them on time. In this regard, account is taken of the fact that cleaning work by external partner companies can only be carried out within a specified timeframe. Further costs may be incurred by the party responsible for the delay if suitable alternative arrangements must be found for guests who cannot check into their booked rooms as per the contract – ranging from a different room selection (where possible) to accommodation in another hotel.
7. LIABILITY OF THE HOTEL
7.1 The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach
of the hotel’s obligations typical of the contract. Obligations typical of the contract are those obligations which make the proper performance of the contract possible in the first place and on the fulfilment of which the customer relies and is entitled to rely. A breach of duty by the hotel is equivalent to a breach by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this Section 7. Should disruptions or defects in the hotel’s services occur, the hotel shall endeavour to remedy the situation upon becoming aware of them or upon immediate complaint by the customer. The customer is obliged to make a reasonable contribution to remedying the disruption and to minimise any potential damage.
7.2 The hotel shall be liable to the customer for items brought onto the premises in accordance with statutory provisions. The hotel does not provide safes in the rooms. Should the customer wish to bring in cash, securities and valuables worth more than 800 euros or other items worth more than 3,500 euros, this requires a separate storage agreement with the hotel.
7.3 Where a parking space is made available to the guest in the hotel garage or on the hotel car park, even for a fee, this does not constitute a contract of safekeeping. In the event of loss or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, the hotel shall only be liable in accordance with the provisions of clause 7.1, sentences 1 to 4 above.
7.4 The “Hotel Börse” provides guests with a paid parking space in a garage (Jüdenstraße 12 and Rosenstraße 3) upon request and where required. The rules of the Road Traffic Regulations (StVO) apply in the garage. Use of the hotel’s own car park is at the guest’s own risk; as the host establishment, the “Hotel Börse” accepts no liability for theft or damage.
7.5 Wake-up calls are carried out by the hotel with the utmost care.
Messages for guests are handled with care and discretion. The hotel may, by prior arrangement, accept and store post and parcels, as well as forward mail. In this regard, the hotel is liable only in accordance with the provisions of clause 7.1, sentences 1 to 4 above.
8. Opening hours and late arrivals
8.1 The reception at the Hotel Börse opens at 7:00 am and closes at 6:00 pm. During these hours, enquiries and questions can be dealt with, bills issued and any issues discussed. A member of staff can be contacted between 18:00 and 07:00 via the night bell (the illuminated bell panel to the right of the entrance door to the main building); an emergency number is provided in the guest rooms.
8.2 Breakfast is served from 07:00 to 10:00. This time slot may vary depending on the hotel’s occupancy; any changes will be communicated to guests.
8.3 Reserved parking spaces are available from 2.00 pm on the day of arrival until 11.00 am on the day of departure.
8.4 Arrival outside our reception opening hours is possible, but without a personal welcome. Arrivals after 10.00 pm require advance notice; for arrivals after midnight, we charge a surcharge on the booking. Currently, room keys for all properties are held at the ‘Hotel Börse’ – guests ring the night bell and are granted entry via a call-forwarding system to collect prepared envelopes containing room keys and initial arrival information. A fully electronic key system is in the planning stage.
9. FINAL PROVISIONS
9.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions must be made in writing. Unilateral amendments or additions are invalid.
9.2 The place of performance and payment, as well as the exclusive place of jurisdiction – including for disputes concerning cheques and bills of exchange – in commercial transactions is Görlitz. Provided the customer meets the requirements of Section 38(2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the place of jurisdiction shall be Görlitz.
9.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
9.4 In accordance with its legal obligation, the hotel hereby notes that the European Union has established an online platform for the out-of-court settlement of consumer disputes (“ODR platform”): ec.europa.eu/consumers/odr/
However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.