General Terms and Conditions (GTC)

1 SCOPE AND DEFINITIONS

1.1 These terms and conditions apply to all contracts concluded between Biohotel Kunstquartier GbR – hereinafter referred to as the ‘hotel’ – and a guest/tour operator for hotel services for individual travellers and/or travel groups (hotel accommodation contract) or for bookings made directly by individual travellers (guests). They do not apply to bookings of rooms or room quotas for events such as conferences, seminars and similar.

1.2 The term ‘hotel accommodation contract’ includes or replaces the following terms: reservation contract, quota contract, accommodation contract, guest accommodation contract, hotel contract and hotel room contract.

1.3 Hotel services are all services agreed between the tour operator/guests and the hotel and to be provided by the hotel, such as hotel rooms, catering arrangements and other offers.

1.4 The customers of a tour operator for whom hotel services are booked are hereinafter referred to as ‘individual travellers’ or ‘travel groups’ (collectively also ‘guests’).

A travel group consists of at least 15 people who are organised for a common travel purpose and usually arrive and depart on the same days.

1.5 The general terms and conditions of a tour operator shall only apply if this has been expressly agreed in advance.

2 CONCLUSION OF CONTRACT AND STATUTE OF LIMITATIONS

2.1 The contract is concluded upon acceptance of the application of the tour operator/guest by the hotel. The hotel is free to confirm the booking in writing.

2.2 All claims against the hotel shall generally become time-barred one year after the start of the statutory limitation period. This shall 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 RIGHTS AND OBLIGATIONS OF THE TOUR OPERATOR

3.1 A tour operator is obliged to inform the hotel of its booking status as early as possible or upon request. However, the hotel must be informed of this no later than 30 days before the date of arrival. At the same time, the hotel must be provided with all necessary information about the hotel services in accordance with clause 1.3.

3.2 A tour operator is obliged to pay the agreed prices or, if nothing has been agreed, the advertised or usual prices of the hotel for the hotel services in accordance with clause 1.3 and any additional services used by the tour operator. This also applies to services ordered directly by the tour operator or from the hotel, which are provided by third parties and paid for by the hotel.

3.3 Guests are only entitled to the hotel services specified in section 1.3. The tour operator is obliged to inform its guests of this and to require them to provide adequate security, for example by depositing credit card guarantees, at the hotel’s request for any use of services beyond this. This also applies to guests who are holders of a voucher/gift certificate. If, despite a request to do so by the hotel, the guest does not provide security and does not pay, the services used must be paid for by the tour operator.

3.4 The tour operator must inform its guests of all circumstances and conditions relevant to their stay, in particular the hotel’s liability policy in accordance with clause 8.

3.5 For all questions relating to the care of the tour operator’s travel group, the tour operator shall, at the hotel’s request, designate a contact person to represent this travel group.

4 RIGHTS AND OBLIGATIONS OF THE HOTEL

4.1 Upon conclusion of the contract, the hotel is entitled to demand a reasonable advance payment or security deposit from the tour operator/guest, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in writing in the contract. The hotel must confirm receipt of an advance payment or security deposit.

4. 2 In justified cases, for example, if the tour operator/guest is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract and up to the start of the stay, to demand an advance payment or security deposit within the meaning of clause 4.1 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

4.3 The hotel is not entitled to make unilateral changes to the agreed hotel services. Changes are only effective with the consent of the tour operator/guest.

4.4 The tour operator/guest does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed.

4.5 Booked rooms are available to the tour operator/guest from 3 p.m. on the agreed day of arrival. The tour operator/guest has no right to earlier availability.

4.6 On the agreed departure date, the rooms must be vacated and made available to the hotel by 2 p.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) until 6 p.m. and 90% of the full accommodation price (list price) after 6 p.m. for the delayed vacating of the room and its use beyond the contractual period. This does not justify any contractual claims on the part of the tour operator/guest. The tour operator/guest is free to prove that the hotel has incurred no or a significantly lower claim for usage fees.

5 PRICES, PAYMENT, SET-OFF

5.1 The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract, unless prices excluding value added tax have been expressly agreed. Local charges owed by the hotel guest themselves under the respective local law, such as visitor’s tax, are not included. In the event of a change in the statutory value added tax or the introduction, change or abolition of local taxes on the subject matter of the contract after the conclusion of the contract, the prices shall be adjusted accordingly.

5.2 The agreed prices apply exclusively in connection with other services that are offered to the end customer as part of a service package. They may not be offered to the end customer or third parties as individual prices for simple overnight stays (non-packages) in distribution channels (especially online). The tour operator is obliged to make all its other partners and intermediaries subject to this clause as well.

5.3 Hotel invoices without a due date are payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due claims from the tour operator/guest at any time. In the event of late payment, the statutory provisions shall apply. The hotel reserves the right to prove higher damages.

5.4 The tour operator/guest may only offset or set off a claim against a claim by the hotel if the claim is undisputed or legally binding.

5.5 Agreements regarding the possible payment of commission shall be made either in the hotel accommodation contract or in an agreement to be concluded at the same time. If more than one tour operator is responsible for the same booking, the hotel shall only pay the commission once.

6 WITHDRAWAL BY THE TOUR OPERATOR/GUEST (CANCELLATION) / NON-UTILISATION OF THE HOTEL’S SERVICES (NO SHOW)

6.1 Withdrawal by the tour operator/guest from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, if there is another statutory right of withdrawal, or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any consent to the cancellation of the contract must be made in writing.

6.2 If a date for free withdrawal from the contract has been agreed between the hotel and the tour operator/guest, the tour operator/guest may withdraw from the contract until that date without triggering any payment or compensation claims by the hotel. The tour operator/guest’s right of withdrawal expires if they do not exercise their right of withdrawal vis-à-vis the hotel by the agreed date.

6.3 If a right of withdrawal has not been agreed or has already expired, and there is no statutory right of withdrawal or termination, and the hotel does not agree to a cancellation of the contract, the hotel shall retain its claim to the agreed remuneration despite the service not being used. The hotel shall offset the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented to other parties, the hotel may charge a flat rate for the deduction for expenses saved. In this case, the tour operator/guest is obliged to pay at least 80% of the contractually agreed price for accommodation with or without breakfast and 70% for package deals with third-party services. The tour operator/guest is free to prove that the above claim has not arisen or has not arisen in the amount claimed.

7 WITHDRAWAL BY THE HOTEL

7.1 If it has been agreed that the tour operator/guest may withdraw from the contract in whole or in part free of charge within a certain period, the hotel shall be entitled to withdraw from the contract to the same extent within this period if there are enquiries from third parties for the contractually booked rooms and if the tour operator/guest has not waived its right of withdrawal upon enquiry by the hotel with a reasonable deadline. guest does not waive his right of withdrawal upon enquiry by the hotel with a reasonable deadline.

7.2 If an advance payment or security deposit agreed or requested in accordance with clause 4.1 and/or clause 4.2 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

7.3 Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if

• force majeure or other circumstances beyond the hotel’s control make it impossible to fulfil the contract;
  rooms or premises are booked culpably under misleading or false information or by concealing essential facts; the identity of the tour operator/guest, solvency or purpose of the stay may be essential in this regard;
• the hotel has reasonable grounds to believe that the use of the service may jeopardise the smooth running of the business, the safety or the public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organisation;
• the purpose or reason for the stay is illegal.

7.4 The hotel’s justified withdrawal does not entitle the tour operator/guest to claim damages.

8 LIABILITY OF THE HOTEL

8.1 The hotel is liable for damages resulting from injury to life, limb or health for which it is responsible. 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 typical contractual obligations of the hotel. A breach of duty by a legal representative or vicarious agent shall be deemed equivalent to a breach of duty by the hotel. Further claims for damages are excluded, unless otherwise provided for in this clause 8. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavour to remedy the situation upon becoming aware of it or upon immediate complaint by the tour operator/guest. The tour operator/guest is obliged to contribute what is reasonable to remedy the disruption and minimise any damage.

8.2 The hotel is liable to the guest for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than £800 or other items with a value of more than £3,500, this requires a separate storage agreement with the hotel.

8.3 If the tour operator/guest is provided with a parking space in the hotel garage or on the hotel car park, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of 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 8.1, sentences 1 to 4 above.

8.4 Wake-up calls shall be carried out by the hotel with the utmost care. Messages, mail and goods deliveries for guests shall be handled with care. The hotel shall take care of the delivery, storage and, upon request, forwarding of the same for a fee. The hotel shall only be liable in this respect in accordance with the above clause 8.1, sentences 1 to 4.

9 FINAL PROVISIONS

9.1 Amendments and additions to the contract, the acceptance of applications or these General Terms and Conditions must be made in writing. Unilateral amendments or additions by the tour operator/guest are invalid.

9.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes concerning cheques and bills of exchange – is Stein near Nuremberg in commercial transactions. If a contractual partner fulfils the requirements of § 38 (2) ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Stein near Nuremberg.

9.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions is excluded.

9.4 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.

© Hotelverband Deutschland (IHA) e.V. Page 6 Status: November 2014