Terms & Conditions

General terms and conditions for the hotel accommodation contract Preliminary note: A room booking initiated by the guest and accepted by the hotel constitutes the so-called hotel accommodation contract between both contractual partners. I. Scope 1. These terms and conditions apply to hotel accommodation contracts as well as all other services and deliveries provided by the hotel to the guest. 2. The subletting or subletting of the rooms provided and their use for purposes other than accommodation require the hotel's prior written consent. 3. The guest's general terms and conditions only apply if this has been previously agreed in writing between the hotel and the guest. II. Conclusion of contract, contractual partner 1. The contract is concluded upon request by the guest through acceptance by Hotel La Strada. The hotel is free to confirm the room booking in writing. 2. The contractual partner is the guest. If a third party has ordered for the guest, the third party is liable to the hotel together with the guest as joint and several debtors for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration from the third party. III. Services, prices, payment, offsetting 1. The hotel is obliged to keep the rooms booked by the guest available and to provide the agreed services. 2. The guest is obliged to pay the hotel's applicable or agreed prices for the room rental and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the guest. 3. The agreed prices include the respective statutory VAT. If the period between conclusion of the contract and fulfillment of the contract exceeds four months and the price generally charged by the hotel for such lines increases, the hotel may increase the contractually agreed price appropriately, but by a maximum of 10%. 4. The prices can also be changed by the hotel if the guest subsequently requests changes to the number of rooms booked, the hotel's services or the length of stay of the guests, and the hotel agrees to this. 5. Hotel invoices are payable immediately upon receipt without deduction. The hotel is entitled to declare accruing claims due at any time and to demand payment immediately.

 

 

In the event of late payment, the hotel is entitled to charge interest at a rate of 4% above the current discount rate of the Deutsche Bundesbank. The guest reserves the right to prove that the damage was lower and the hotel reserves the right to prove that the damage was higher. A reminder fee of €5.11 will be charged for each reminder after the default has occurred. 6. The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates can be agreed in writing in the contract. 7. The guest can only set off or reduce a claim of the hotel with an undisputed or legally binding claim. IV. Withdrawal by the guest, cancellation costs, flat rate cancellation fee 1. The hotel grants the guest the right to withdraw at any time. If the guest withdraws from the contract within a period agreed between the hotel and the guest, the hotel will not charge the guest any cancellation costs. If the guest withdraws from the contract after the expiry of the period agreed in writing or without a period agreed in writing, the hotel is entitled to appropriate compensation. This does not apply in cases of a delay in performance by the hotel or an impossibility of providing the service for which the hotel is responsible. The hotel has the choice to charge the guest a cancellation fee instead of a specifically calculated compensation. The cancellation fee is 90% of the contractually agreed price for overnight stays with or without breakfast, 70% of the contractually agreed price for overnight stays with half board and 60% of the contractually agreed price for overnight stays with full board. 2. If rooms are booked in connection with an event, the hotel's flat-rate cancellation compensation for cancellations up to 30 days before the event is 50% of the agreed overnight price and less than 30 days before the event is 90% of the contractually agreed overnight price. If the hotel specifically calculates the appropriate compensation, the amount of the appropriate compensation is a maximum of the amount of the contractually agreed price for the service to be provided by the hotel, less the value of the expenses saved by the hotel and what the hotel saves through other uses who purchases hotel services.

 

 

 

. 3. The guest is free to prove that the hotel did not suffer any damage or that the damage suffered by the hotel was lower than the required flat rate compensation. V. Withdrawal by the hotel 1. If the guest's right of withdrawal within a certain period of time has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other guests about the contractually booked rooms and the guest upon request of the Hotels has not waived its right to withdraw from the contract. 2. Anyone who does not make an agreed advance payment even after a reasonable grace period set by the hotel has passed with the threat of rejection, the hotel is also entitled to withdraw from the contract. 3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if - force majeure or other circumstances for which the hotel is responsible make fulfillment of the contract impossible; - Rooms are booked with misleading or false information regarding the guest's identity or purpose; - the hotel has reasonable grounds to believe that the use of the hotel service may endanger the smooth business operations, the security or the public reputation of the hotel, without this being attributable to the control or organizational area of ​​the hotel; - there is unauthorized subletting or subletting in accordance with point I, paragraph 2. 4. The hotel must immediately inform the guest in writing of the exercise of the right of withdrawal. If the hotel withdraws with justification, the guest has no right to compensation. VI. Room provision, handover and return 1. The guest is not entitled to the provision of specific rooms unless the hotel has confirmed the provision of a specific room in writing. 2. Booked rooms are available to the guest from 3:00 p.m. on the agreed arrival day. The guest has no right to earlier provision. 3. The rooms provided must be occupied by 6:00 p.m. on the day of arrival. After this point, they can be rented out by the hotel to someone else, unless the guest has previously notified the hotel in writing of their later arrival. 4. On the agreed departure day, the rooms must be vacated and made available to the hotel by 12:00 p.m. at the latest.

 

 

The hotel can then charge the daily room price for the additional use of the room until 6:00 p.m., in addition to the resulting damage, and 100% of the full accommodation price (list price) from 6:00 p.m. The guest is free to prove to the hotel that no damage or significantly lower damage occurred. VII. Liability of the hotel, statute of limitations 1. The hotel is only liable in the event of intent or gross negligence. This applies in particular in the event of a breach of additional contractual obligations, liability for damage caused by defects, compensation for damages due to non-fulfillment, breach of obligations when concluding the contract or unlawful acts. Likewise, the hotel is only liable in the event of delay, initial inability and subsequent impossibility in the event of intent or gross negligence. However, the hotel is liable for the breach of contractual obligations that are essential to achieve the contractual goal (cardinal obligations), even in the event of slight negligence. The hotel is liable for the lack of guaranteed properties in accordance with the statutory provisions. 2. If the hotel is liable, the hotel's liability is limited to the damage foreseeable to the hotel. Furthermore, the hotel's liability for consequential or indirect damage is always excluded. In addition - with the exception of liability for the breach of cardinal obligations - the hotel's liability for each individual case of damage and all cases of damage arising from and in connection with the contractual services is limited to a maximum amount of €2,556,460 for personal and Property damage and limited to a maximum of €51,130 for financial loss. The limitations and exclusions of liability do not apply if the hotel's legal representatives or executives are responsible for intent or gross negligence. 3. The above liability exclusions and limitations apply equally in favor of La Strada and its subcontractors and vicarious agents. 4. The hotel is liable to the guest for items brought in in accordance with the statutory provisions, i.e. up to one hundred times the room price, but a maximum of € 3,068. Liability for valuables (cash, jewelry, etc.) is limited to €767. Money and valuables stored in the hotel safe are insured up to a maximum value of €25,565.

 

 

 

The hotel recommends making use of this storage option. Liability claims expire if the guest does not report the loss, destruction or damage to the hotel immediately after becoming aware of it. 5. If the guest is provided with a parking space in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a storage contract. The hotel is not liable if motor vehicles parked or maneuvered on the hotel property and their contents are lost or damaged, unless the hotel is responsible for intent or gross negligence. This also applies to vicarious assistance provided by the hotel. 6. Wake-up calls are carried out by the hotel with the greatest care. Claims for damages that are not based on gross negligence or intent are excluded. 7. Messages, mail and shipments of goods for guests are handled with care. The hotel takes care of delivery, storage and - if requested - forwarding of the same for a fee. Claims for damages that are not based on gross negligence or intent are excluded. 8. The statute of limitations for all claims of the guest is generally six months, with the exception of the guest's claims due to fraudulent concealment of a defect, non-fulfillment, positive breach of contract or negligence when concluding the contract (c.i.c.) and unjust enrichment, which expire in two years. VIII Final provisions 1. Changes or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid. 2. Place of fulfillment and payment is the hotel's headquarters. 3. The exclusive place of jurisdiction - also for check and bill of exchange disputes - in commercial transactions is the registered office of the hotel or, at the discretion of the hotel, Frankfurt am Main. If a contractual partner meets the requirements of Section 38 Paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the hotel's registered office. 4. The law of the Federal Republic of Germany applies. 5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become ineffective or void, this will not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply. October 2003 version