General Terms and Conditions for the Hotel Accommodation Contract with Hotel Bristol Berlin
- These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided by the hotel to the customer.
- Subletting or reletting the provided rooms and their use for purposes other than accommodation require the prior written consent of the hotel.
- Customer's terms and conditions apply only if agreed upon in writing beforehand.
Conclusion of Contract, Parties, Liability; Limitation Period
- The contract is concluded by the hotel's acceptance of the customer's offer. The hotel is free to confirm the room reservation in writing.
- Contractual parties are Hotel Bristol Berlin (DHB Hotel Betriebs GmbH), hereinafter referred to as the hotel, and the customer. If a third party has placed the order on behalf of the customer, they are jointly and severally liable with the customer for all obligations arising from the hotel accommodation contract.
- The hotel is liable for its obligations under the contract. In the non-typical performance area, liability is limited to intent and gross negligence of the hotel.
- The limitation period is six months for all customer claims.
- This limitation of liability and short limitation period also apply in favor of the hotel for breaches of obligations in the initiation of contracts and positive contract violations.
Services, Prices, Payment, Offset
- The hotel is obliged to have the rooms booked by the customer available and to provide the agreed services.
- The customer is obliged to pay the prices agreed or applicable for the provision of rooms and the additional services used by him. This also applies to services and expenses of the hotel to third parties initiated by the customer.
- The agreed prices include the respective statutory value-added tax. If the statutory value-added tax included in the prices increases, the hotel is entitled to adjust the agreed prices accordingly without the separate prior consent of the customer. If the period between the conclusion of the contract and the performance of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel can raise the contractually agreed price appropriately, but by a maximum of ten percent.
- Prices may also be changed by the hotel if the customer subsequently wishes to make changes to the number of booked rooms, the hotel's services, or the length of stay of the guests, and the hotel agrees to such changes.
- Invoices of the hotel without a due date are payable and due within ten days of receipt of the invoice. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In case of default of payment, the hotel is entitled to charge interest at a rate of five percent above the respective base rate of the European Central Bank. The customer retains the right to prove lower damages, while the hotel retains the right to prove higher damages.
- The hotel is entitled to demand a reasonable advance payment or security deposit at the conclusion of the contract or subsequently, taking into account the legal regulations for package tours. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract.
- The customer can only offset or reduce a claim by the hotel with an undisputed or legally binding claim.
Cancellation by the Customer (Cancellation, Cancellation, Non-Arrival)
- Cancellation of the contract concluded with the hotel requires the written consent of the hotel. If this is not given, the agreed price from the contract is also to be paid if the customer does not make use of contractual services. This does not apply in cases of default in performance by the hotel or impossibility of performance for which it is responsible.
- If a deadline for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract until that date without triggering payment or damages claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date, unless there is a case of default in performance by the hotel or an impossibility of performance for which it is responsible.
- In the case of unused rooms, the hotel must credit the income from other rental of the rooms and the expenses saved.
Cancellation by the Hotel
- If a right of withdrawal by the customer has been agreed in writing within a certain period, the hotel is also entitled to withdraw from the contract during this period if inquiries from other customers about the contractually reserved rooms exist and the customer does not waive his right of withdrawal upon inquiry from the hotel.
- If an agreed advance payment is not made even after a reasonable grace period set by the hotel with a threat of refusal, the hotel is also entitled to withdraw from the contract.
- Furthermore, the hotel is entitled to withdraw from the contract for a materially justified reason, for example, if: • force majeure or other circumstances not to be represented by the hotel make the fulfillment of the contract impossible; • rooms are booked under misleading or false information, e.g., regarding the person of the customer or the purpose; • the hotel has reasonable cause to believe that the use of hotel services may jeopardize the smooth business operation, the security, or the reputation of the hotel in the public eye, without this being attributable to the hotel's sphere of control or organization; • there is a violation of the scope of application in paragraph 2 above.
- The hotel must inform the customer immediately about the exercise of the right of withdrawal.
- In the event of a justified withdrawal by the hotel, there is no entitlement of the customer to damages.
Room Provision, Handover, and Return
- The customer has no claim to the provision of specific rooms.
- Booked rooms are available to the customer from 3:00 pm on the agreed arrival day. The customer has no right to earlier availability.
- On the agreed departure day, the rooms must be vacated and made available to the hotel by 12:00 pm at the latest. After that, the hotel can charge the customer up to 100% of the room price for the additional use of the room beyond the damage incurred.
- The hotel is liable for the care of an ordinary businessman. However, liability is limited to defects, damages, consequential damages, or disruptions that can be attributed to intent or gross negligence on the part of the hotel in the non-typical performance area. Should disruptions or defects occur in the hotel's services, the hotel will make every effort to remedy the situation upon knowledge or prompt complaint by the customer. The customer is obliged to contribute to what is reasonable for him to remedy the disruption and to keep any possible damage to a minimum.
- The hotel is liable according to the legal provisions for items brought in. This is up to one hundred times the room price, but a maximum of EUR 3,000, and for money and valuables up to EUR 750. Money and valuables can be stored in the hotel or room safe up to a maximum value of EUR 25,000. The hotel recommends using this option. Claims for damages expire if the customer does not report the loss, destruction, or damage to the hotel immediately upon gaining knowledge (§703 BGB).
- The hotel's liability is unlimited according to legal regulations.
- If the customer is provided with a parking space in the hotel garage or on a hotel parking lot, also for a fee, no storage contract