Terms and Conditions

Sprache / Language: Deutsch / German Sprache / Langauge: Englisch / English

I. Scope

1. These Terms and Conditions apply to contracts for the letting of hotel rooms for accommodation and to all other customer-related activities and services provided by the Limes hotel (hereinafter referred to as “the Hotel”)

2. Sub-contracting or sub-letting of rooms, together with their use for any purposes other than accommodation, for public invitations or other advertising purposes, for interviews, sales or similar events, require the prior written approval of the Hotel and can be made depend on an additional fee. Article 540 paragraph 1 clause 2 of the German Civil Code (BGB) will be waived unless the customer is consumer.
3. The customer’s own Terms and Conditions shall only apply if they have previously been expressly agreed in writing.

 

II. Conclusion of Contract, Parties, Liability, Statute of Limitations

1. The contract shall come into force upon the hotel’s acceptance of the customer’s application. At its discretion, the hotel may confirm the room reservation in writing.

2. The contracting parties are the Hotel and the customer. If a third party has placed a reservation on behalf of the customer, the customer and the third party shall be jointly liable to the Hotel for all obligations arising from the Hotel Accommodation Contract, provided the hotel has a corresponding statement by the third party

3. The customer must inform the hotel without being asked, at the latest upon conclusion of the contract, if the customer’s use of the hotel service/s is likely to endanger the smooth operation of the hotel, the security or the reputation of the Limes Hotel in the public eye

4. Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations dependent upon knowledge of § 199, para. 1 German Civil Code. Damage claims shall be time-barred after five years, independent of knowledge. The reduction of the statute of limitation periods shall not apply for claims which are based on an intentional or grossly negligent breach of obligation by the hotel.

 

III. Services, Prices, Payment, Set-Off

1. The customer is obligated to pay the applicable or agreed hotel prices for rooms provided and for other services used. This shall also apply to the hotel’s services and outlays to third parties caused by the customer.

2. If the period between the agreement of the contract and its fulfillment exceed 4 months and
alteration or repeal of local taxes or duties relating to the subject of the agreement occur, then the contractually agreed price may also be increased proportionately.

3. If the period between conclusion and fulfillment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, then the hotel may raise the contractually agreed price to a reasonable extent but not, however, by more than five percent..
For every further year lying between the conclusion and the fulfillment of the contract, the upper limit increases by further five per cent. Thereby, price changes according to No.2 are not taken into account.

4. Moreover, the hotel may change prices if the customer later wishes to make changes in the number of reserved rooms, the hotel’s services, or the length of guests’ stay, and the hotel consents to such changes.

5. Hotel invoices without a payment date are payable in full within 10 calendar days of receipt. The Hotel is entitled to demand payments outstanding at any time, and to require immediate payment. With default of payment, the hotel shall be entitled to demand the respectively applicable statutory default interest. The hotel reserves the right to prove greater damage.

6. For each reminder in case of default the Hotel is entitled to demand a fee of € 5. The customer is at liberty to prove that the Hotel has incurred no or lesser costs.

7. The hotel is entitled to require a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, observing the legal provisions for package tours. The amount of the advance payment and payment dates may be agreed in writing in the contract.

8. The customer may only set-off or reduce a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.

 

IV. Repudiation by Customer (Cancellation, Annulment)/Failure to Use Hotel Services (No Show)

1. Cancellation by the customer of the contract concluded with the hotel requires the hotel’s written consent. If such is not given, then the price agreed in the contract must be paid even if the customer does not avail himself of the contractual services. This shall not apply with the breach of obligation of the hotel to take into account the rights, objects of legal protection and interests of the customer, if holding to the contract is no longer reasonable or another statutory or contractual cancellation right exists.

2. To the extent the hotel and customer agreed in writing upon a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of cancellation shall expire if he does not exercise his cancellation right in writing to the hotel by the agreed date, insofar as no case pursuant to Nr. 1, sentence 3 supra exists.

3. If rooms are not used by the customer, the hotel must apply credit for the income from renting the rooms to other parties and also for saved expenses.

4. At its discretion, the hotel may demand the contractually agreed compensation and to make a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay 80 percent of the contractually agreed rate for lodging with or without breakfast as well as for package deals with third-party services, 70 percent for room and half-board, and 60 percent for room and full-board arrangements. The customer is at liberty to show that the claim mentioned above was not created or not created in the amount demanded.

5. Separate treatment for cancellation during trade fairs or for banquets and group arrangements: The General cancellation fee is determined by the Limes Hotel as follows

  • Up to 90 days before arrival 50% of total price
  • Up to 60 days before arrival 80% of total price
  • Up to 30 days before arrival 100%

A free cancellation is possible only after consultation and with a written confirmation by the Limes Hotel.

 

V. Repudiation by Hotel

1. To the extent that a right of cost-free cancellation within a certain period was agreed in writing for the customer, the hotel is entitled for its part to cancel the contract during that period if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not waive his right of rescission upon inquiry thereof by the hotel.

2. If an agreed advance payment or an advance payment demanded pursuant to Item III, Nr. 6 supra is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to cancel the contract.

3. Moreover, the hotel is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause, e.g. if

  • force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
  • rooms are reserved with misleading or false information regarding material facts, such as the identity of the customer or the purpose;
  • the hotel has justified cause to believe that use of the hotel’s services might jeopardize thesmooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization;
  • here is a breach of the item I. Nr. 2 supra

4. The Hotel is entitled to stop or cancel interviews and sales- or similar events that have not been approved.

5. The customer can derive no right to compensation from justifiable cancellation by the Hotel

6. If, in case of a cancellation according to No. 2 or 3 supra, the hotel has a claim for damages, the hotel may charge a lump sum for the claim. In this case, clause IV No. 4, sentences 2 and 3 apply accordingly.

 

VI. Room Availability, Delivery and Return

1. The customer does not acquire the right to be provided specific rooms.

2. Reserved rooms are available to the customer starting at 2:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability. Unless a later time of arrival has been expressly agreed upon or the respective room has been paid in advance, the hotel is entitled to let the booked room to another party after 6:00 p.m. without the customer being able to derive a claim against the hotel from this fact. This is without effect on any claims from the hotel resulting from clause IV. There is no obligation to let the room to another person.

3. Rooms must be vacated and made available to the hotel no later than 11:00 a.m. on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the hotel may charge 50 percent of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 100 percent). The customer is at liberty to show the hotel that it incurred no or much lesser claim to use damages.

 

VII. Liability of the Hotel

1. The hotel is liable to exercise the duty of care of an ordinary merchant with the performance of its obligations arising from the contract. Claims of the customer for reimbursement of damages are precluded except for such which result from injury to life, body or health and the hotel is responsible for the breach of the obligation, other damage which is caused from an intentional or grossly negligent breach of obligation and damage which is caused from an intentional or negligent breach of obligations of the hotel which are typical for the contract. A breach of obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or employee. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection without undue delay by the customer. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage at a minimum.

2. The hotel is liable to the customer for property brought in to the hotel in accordance with the statutory provisions, i.e., up to one hundred times the room rate, not to exceed € 3.500,00 and up to € 800. For cash, securities and valuables. Cash, securities and valuables up to a maximum value of € 3.000,00 may be stored in the hotel safe or room safe. The hotel recommends that guests utilize this possibility. Liability claims expire unless the customer notifies the hotel immediately after gaining knowledge of the loss, destruction, or damage (§ 703 German Civil Code). With regard to more extensive liability of the hotel, Nr. 1, sentences 2 to 4 supra shall apply respectively.

3. Items that the customer has left behind are only forwarded at the customer’s request, risk and costs. The hotel keeps such items for three months after which time they are, as far as they have any value, handed over to the local lost property office. No. 1, sentences 2 to 4 supra shall apply respectively.

4. Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel assumes no liability for loss of or damage to motor vehicles parked or maneuvered on the hotels’ property, nor the contents thereof, excepting cases of intent or gross negligence. Nr. 1, sentences 2 to 4 supra shall apply respectively

5.  Messages, mail, and merchandise deliveries for guests are handled with care. The hotel will deliver, hold, and for a fee forward such items (on request). Nr. 1, sentences 2 to 4 supra shall apply respectively.

 

VIII. Final Provisions

1. Amendments and supplements to the contract, the acceptance of applications, or these General Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral amendments and supplements by the customer are not valid.

2. Place of performance and payment is the location of the hotel’s registered office.

3. In the event of dispute, including disputes for checks and bills of exchange, the courts at the location of the hotel’s registered office shall have exclusive jurisdiction for commercial transactions. Insofar as a contracting party fulfills the requirements of § 38, para. 2 of the German Code of Civil Procedure and does not have a general venue within the country, the courts at the location of the hotel’s registered office shall have jurisdiction.

4. The contract is governed by and shall be construed in accordance with the laws of the Federal Republic of Germany. The application of the UN Convention on the International Sale of Goods and the conflict of laws are precluded.

5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.

6. The English translation is based on the German original. The translated version of the German conditions is a courtesy translation and is for information only. In case of disputes, inconsistencies or discrepancies between the German version and the version in another language is subject to compliance with the statutory provisions, the German version and is binding. The German version can be found on our website.