General Terms and Conditions
- These General Terms and Conditions (GTCs) shall apply to all contracts for the rental of rooms, studios and apartments for accommodation, banquet and conference rooms, as well as to all other deliveries and services provided for the customer by The Heidelberg Exzellenz Hotel, hereinafter referred to as the “accommodation provider”.
- The customer’s terms and conditions shall only apply to the extent that they have been agreed in writing in advance.
- Conclusion of contract
- The contract is concluded by the acceptance (confirmation) of the accommodation provider’s application to the customer. In the case of accommodation contracts, the accommodation provider shall be free to confirm them in writing.
- Several customers shall be jointly and severally liable.
- The subletting or re-letting of the rooms provided, as well as their use for purposes other than those contractually agreed upon shall require the prior written consent of the accommodation provider. Section (§) 540 I Clause 2 of the German Civil Code (BGB) shall not apply if the customer is not a consumer. Events with a political character must be clearly marked as such when registering.
III. Services, prices and payment methods
- The customer is obliged to pay the applicable or agreed prices for the provision of rooms and the other services used – this also applies to services and expenses caused by the accommodation provider to third parties.
- The accommodation provider is entitled to charge a deposit of €50.00 for other services upon arrival for each night booked. The deposit will be settled on departure.
- The agreed prices include the statutory value added tax (VAT). A VAT increase after the conclusion of the contract can be charged to the customer by the accommodation provider. If there is a period exceeding 4 months between the conclusion of the contract and the provision of the services, and the accommodation provider has raised its prices due to cost increases, it may raise the contractually agreed price by the cost increases, up to a maximum of 5%.
- All claims of the accommodation provider are due immediately upon receipt of the invoice without any deduction. If no advance payment has been agreed, the claims shall be due on arrival or at the beginning of the provision of services without any deduction. Other services made use of during the stay shall be due on departure without any deduction. In the case of a stay of more than three days, the accommodation provider shall be entitled to charge for additional services during the stay.
- An event is billed according to the registered number of participants, based on the booking confirmation. The customer is obliged to notify the accommodation provider immediately of any exceedance of the specified number of participants by more than 5%, otherwise he/she has no right to the provision of the cover exceeding the 5%. Any deviation downwards does not entitle the customer to a reduction.
- The customer can only offset against undisputed or legally binding claims.
- Withdrawal / cancellation
- If no contractual right of withdrawal has been agreed with the customer or is possible according to the following regulations, the customer’s withdrawal from the services booked shall require the accommodation provider’s written consent. Without this consent, the customer remains obliged to pay for the contractually agreed services. This shall not be the case if the customer is entitled to an indispensable statutory right of withdrawal or if adherence to the contract is unreasonable due to a breach of duty on the part of the accommodation provider. No right to cancel a booking exists, irrespective of the time or reason for the cancellation.
- The customer must declare the withdrawal to the accommodation provider in writing.
- In principle, cancellations of booked services are possible according to the following rules:
- a) Room or studio:
Cancellation is possible free of charge up to two days before the day of arrival. If the guest does not use the room ordered, he/she shall be legally obliged to pay the price for the room ordered and held ready by the accommodation provider. This is not a claim for damages, but a claim for performance. As a rule, 80% of the room rate will be charged. “No-shows” will be charged 100% of the room rate.
During trade fairs, special cancellation conditions apply. These conditions can be found separately on the booking confirmation.
- b) Cancellation for groups of 5 people or more can be found separately in the booking confirmation.
- c) Cancellations for bookings of more than 7 nights can be found separately in the booking confirmation.
- d) Meeting and function rooms, as well as apartments: Cancellation is possible free of charge up to 14 days before the agreed start of the rental period. In the event of later cancellation, 80% of the agreed room rent will be charged as damages.
- e) Seminar catering:
Booked meals, whether or notin conjunction with other services, may be cancelled free of charge up to 24 hours in advance. In the case of later cancellation, the full price will be charged as compensation.
- f) Half board:
Half board if booked, regardless of whether in conjunction with other services or not, may be cancelled free of charge up to 7 days before use. In the case of later cancellation, the full price will be charged as compensation.
- The accommodation provider must offset the income from other rentals/uses.
- The customer is free to prove that the above-mentioned claims did not arise or did not arise to the amount claimed.
- Arrival and departure / room provision
- The customer does not acquire any claim to the provision of specific rooms, studios or apartments.
- Room occupancy is possible from 2 pm on the day of arrival.
- The premises must be vacated on the day of departure by 11.00 am. In the event of later vacation, the accommodation provider may charge 50% of the current daily room rate if vacated by 2 pm, and 100% of the current daily room rate if the room is vacated later. Contractual claims of the customer are not justified. Item IV. para. 5 shall apply.
- A refund or reduction for services agreed but not used is ruled out.
- Withdrawal of the accommodation provider
- If an advance payment that has been agreed or is demanded in accordance with Item III, para. 4, even after the expiry of a grace period set by the accommodation provider, the accommodation provider shall be entitled to withdraw from the contract and to assert claims for damages.
- The accommodation provider is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example in the event of force majeure (“Acts of God”) or other circumstances for which the accommodation provider bears no responsibility, which make the fulfilment of the contract impossible, or when rentals are made under misleading or false indication of essential facts or equivalent reasons.
- Claims for damages by the customer shall be excluded in the event of a justified withdrawal by the accommodation provider.
VII. The customer’s obligations
- The customer shall be held personally liable for any damage occurring in or to the premises provided during the contractual period, and, if necessary, jointly and severally with the person responsible.
- Any use of the premises provided that deviates from the agreement shall entitle the accommodation provider to terminate the contract without notice, without this reducing the accommodation provider’s claim to the agreed remuneration from the customer.
- Animals may only be brought by guests with prior consent and subject to a surcharge.
- The organiser is prohibited from bringing and selling food and drinks at events or conferences and such behavir shall entitle the accommodation provider to cancel without notice.
- The customer may use the logo and similar trademarks of the accommodation provider for advertising purposes on the occasion of the booked event only with prior consent. Should the accommodation provider make use of its right of withdrawal, the customer must cease all advertising for the planned event in the accommodation facility from that day.
VIII. Liability of the accommodation provider / statute of limitations
- The accommodation provider is liable with the due diligence of a prudent businessperson. Claims for damages by the customer are excluded. This does not apply to damages resulting from injury to life, limb or health and in the event of a breach of typical contractual obligations of the accommodation provider if it is responsible for the breach of duty. Other damage based on an intentional or grossly negligent breach of duty by the accommodation provider are also excluded. A breach of duty by the accommodation provider is equivalent to a breach of duty of a legal representative or vicarious agent.
- In accordance with the statutory provisions, the accommodation provider is liable for items brought in worth up to a hundred times the room rate, up to a maximum of €3,500. A maximum limit of €800 shall apply for money, securities and valuables.
- Claims for damages arising from wake-up services are excluded.
- After an event has ended, food is no longer intended for consumption. It may be taken away at the customer’s own risk.
- Lost property will only be sent on request and against reimbursement of costs. Otherwise, lost property will be given to the responsible lost property office and held for no longer than 6 months.
- Insofar as the customer is provided with a parking space in a parking lot or an underground car park of the hotel – even for a fee, no custody agreement shall be concluded. In the event of loss or damage to motor vehicles parked or maneuvred on the property and their contents, the accommodation provider shall only be liable in the case of intent and gross negligence. Item 1 of this paragraph shall apply accordingly.
- All claims against the accommodation provider are subject to a limitation period of one year. The start is based on Section (§) 199 I of the German Civil Code (BGB). These damage claims shall be time-barred after 5 years, irrespective of knowledge thereof. This does not apply to claims based on an intentional or grossly negligent breach of duty.
- Adjustment clause
In the event of changes to the statutory provisions, the accommodation provider reserves the right to adapt the agreed contractual conditions to the amended provisions.
- Final provisions
- Verbal agreements only become effective once they have been confirmed in writing by the accommodation provider.
- The place of performance and payment is the accommodation provider’s registered office.
- The exclusive place of jurisdiction is the accommodation provider’s registered office. The same shall apply if the customer does not have a general place of jurisdiction in Germany. Accordingly, the parties agree that the place of jurisdiction is the accommodation provider’s registered office.
- German law shall apply exclusively. The application of the the UN Convention on Contracts for the International Sale of Goods (CISG) and all conflict-of-law provisions is excluded.
- 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. The parties are obliged to replace the invalid provision with a valid provision that comes as close as possible to that which was originally intended from an economic and legal point of view.