General terms and conditions for hotel accommodation

I. Scope

(1) These Terms and Conditions apply to contracts for the rental of hotel rooms in the Hotel Adler for accommodation purposes as well as to all other services and deliveries provided to the customer in this context (hotel accommodation contract).
2. subletting or subletting of the leased premises, the use of the leased hotel rooms for purposes other than accommodation, public invitations or other advertising measures for job interviews, sales and similar events and the use of hotel space outside the leased rooms for the aforementioned events shall require the prior express consent and may be made subject to the payment of additional remuneration. § 540 para. 1 sentence 2 BGB shall not apply unless the customer is a consumer.
3. The hotel’s terms and conditions shall apply exclusively to the hotel accommodation contract; the customer’s general terms and conditions shall only apply if this has been agreed in writing in advance.

II. Conclusion of Contract; Duty to Inform

1. the contract is concluded by the acceptance of the customer’s application by the Adler Hotel. The hotel is free to confirm the room booking in text form.
2. the customer is obligated to inform the hotel without being asked, at the latest upon conclusion of the contract, if the use of the hotel service is likely to endanger the smooth operation of the business, the safety or the reputation in public.

III. Services, Prices, Terms of Payment, Offsetting

1. the customer is obligated to pay the agreed or applicable prices for the room rental and the other services used by him. This also applies to third party services commissioned by the customer directly or via the Adler Hotel, whose remuneration is disbursed.

2. the agreed prices are inclusive of taxes and local charges applicable at the time of the conclusion of the contract. Not included are local taxes that are owed by the guest according to the respective local law, such as visitor’s tax. In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion and performance of the contract exceeds four months. In this case, the customer is entitled to withdraw from the contract within 10 working days.

3. the hotel may make the consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel’s service or the customer’s length of stay conditional upon a reasonable increase in the price for the rooms and/or for the hotel’s other services.

4. If payment on account has been agreed, payment shall be made without deduction within seven days of receipt of the invoice, unless otherwise agreed.

5. for each reminder after the occurrence of default the customer has to reimburse reminder costs in the amount of 5 € to the hotel. The customer shall be free to prove that no costs or only significantly lower costs were incurred. In the case of customers who are not consumers, the hotel may instead also assert the claim under § 288 para. 5 BGB (German Civil Code).

6. the hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in the contract in text form. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.

7. in justified cases, for example payment arrears of the customer or extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract until the beginning of the stay, to demand an advance payment or security deposit within the meaning of No. 6 above or an increase of the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

8. the hotel is also entitled to demand a reasonable advance payment or security deposit from the customer at the beginning of and during the stay as defined in no. 6 above, insofar as such has not already been made in accordance with no. 6 and/or 7 above.

9. The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel. The above restrictions do not apply if the customer is a consumer.

IV. Withdrawal of the customer / non-utilization of the services

1. withdrawal of the customer from the contract concluded with the Adler Hotel is possible only if a contractual right of withdrawal has been agreed with him, , a statutory right of withdrawal exists or if the hotel agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form in each case.

2. if a date for exercising the right of withdrawal free of charge has been agreed, the customer may withdraw from the contract until then without triggering the associated claims for payment or damages. The customer’s right of withdrawal expires if he does not exercise it in text form vis-à-vis the hotel by the agreed date.

3. if a right of withdrawal has not been agreed or has already expired, there is also no legal right of withdrawal, and if a cancellation of the contract is not agreed, the hotel retains the claim to the agreed remuneration despite the non-utilization of the service. The hotel has to credit the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not otherwise rented out, the contractually agreed remuneration can be demanded by the hotel and the deduction for saved expenses can be made as a lump sum. In this case, the customer is obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast as well as for package arrangements with external services, 70% for half-board and 60% for full-board arrangements. He shall be at liberty to prove that the aforementioned claim did not arise or did not arise in the amount claimed.

V. Withdrawal from the Adler Hotel, unauthorized events

1. if it was contractually agreed that the customer can withdraw from the contract free of charge up to a certain date, the hotel is entitled for its part to withdraw from the contract in whole or in part up to this date if there are requests from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the Adler Hotel with a reasonable deadline. This applies accordingly to the granting of an option if other inquiries exist and the customer is not prepared to make a firm booking upon inquiry with a reasonable deadline.

2. furthermore, the hotel is entitled to withdraw from the contract extraordinarily for an objectively justified reason, in particular if

• – force majeure or other circumstances beyond our control make it impossible to fulfill the contract;
• – hotel services were booked with misleading or false information or concealment of facts essential to the contract. The identity of the customer, his ability to pay or the purpose of his stay may be essential to the contract;
• – the Adler Hotel has reasonable grounds to believe that the use of the hotel service may jeopardize the smooth operation of the business, safety or public reputation without this being attributable to its sphere of control or organization;
• – the purpose or reason for the stay is unlawful;
• – there has been a violation of Item I No. 2;
• – an agreed advance payment or an advance payment demanded in accordance with Clause III No. 6 and/or 7 above has not been made even after expiry of a reasonable grace period set.

3. unauthorized interviews, sales and similar events may be sub-tied or cancelled.
4. the right of withdrawal shall be exercised by written declaration to the customer.

5. the justified withdrawal or prevention of an unauthorized event in accordance with No. 3 above shall not give rise to any claim for damages on the part of the customer.

6. should there be a claim for damages against the customer in case of a withdrawal according to no. 2 above, the hotel can lump-sum the claim. Clause IV No. 3 sentences 2 to 5 shall apply accordingly in this case.

VI. Room provision, handover and return

1. the customer does not acquire the right to the provision of certain rooms, unless this has been agreed in writing.

2. subject to the express agreement of an earlier provision time, booked rooms are available to the customer from 4 pm on the agreed arrival day. Unless a later arrival time has been agreed in writing or the room in question has been prepaid, the hotel has the right to assign booked rooms to other parties after 6 p.m. without the customer being able to derive a claim against the hotel from this. There is no obligation to award the contract elsewhere.

3. on the agreed day of departure, the rooms must be vacated by 10 a.m. at the latest. Use beyond this time for a time-dependent fee can be agreed with the hotel – subject to availability.

4. if the customer uses the room beyond 10 a.m. without having previously made a written agreement with the hotel to this effect, 50% of the full list price (accommodation price) may be charged for the late vacating of the room for its use in excess of the contract until 3 p.m. (but at least the fee according to the above No. 3), and at least 100% from 6 p.m. onwards. Contractual claims of the customer are not justified by this. He is free to prove that no or a significantly lower claim for compensation for use has arisen as a result.

5. in case of early departure, the hotel is entitled to charge the guest for the entire booked stay. Payments still to be made from the day of departure are to be paid by the guest in the amount of 90%.

6. if the guest books a non-changeable or cancelable rate, the hotel is entitled to charge 100% for the booking period. The guest is not entitled to a refund of the total or partial amount.

VII Liability of the Adler Hotel

1. the Adler Hotel is liable for damages resulting from injury to life, body or health for which it is responsible. Furthermore, the hotel is liable for other damages based on an intentional or grossly negligent breach of duty and damages based on an intentional or negligent breach of duties typical for the contract. Typical contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by the Adler Hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this clause VII. In the event of disruptions or deficiencies in the services, the hotel will endeavor to remedy the situation upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum. In all other respects, the customer is obliged to notify the hotel in good time of the possibility of an exceptionally high loss being incurred.

2. the hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. It is recommended to use the hotel or room safe. If the customer wishes to bring in money, securities and valuables with a total value of more than € 800 or other items with a total value of more than € 3,500, a separate storage agreement must be made with the hotel.

3. the customer’s items left behind will only be forwarded at the customer’s request, risk and expense. The hotel will keep the items for three months; after that, if there is an identifiable value, they will be turned over to the local lost and found office. If the lost and found office is not willing to take over the items, they will be kept for another nine months and then either disposed of or destroyed. No. 1 sentences 1 to 5 above shall apply accordingly to the liability.

4. if a parking space is made available to the customer in a hotel parking lot, even for a fee, this does not constitute a custody agreement. The hotel is not obliged to supervise. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel’s property and their contents, the hotel shall be liable only in accordance with the above No. 1 sentences 1 to Any damage must be reported immediately.

5. wake-up orders are executed with the utmost care. Messages, mail and merchandise shipments for guests are handled with care. The hotel will take over the delivery, storage (in the case of goods shipments, however, only after prior agreement) and – on request – the forwarding of the same against payment. The liability shall be governed by the above number 1, sentences 1 to 5, mutatis mutandis.

VIII Final Provisions

1. amendments or additions to the contract or these general terms and conditions must be made in writing. . Unilateral changes or additions are invalid.

2. the place of performance and payment in commercial transactions shall be the location of Hotel s Adler, Johann-Krane-Weg 24, 48149 Münster.

(3) In commercial transactions, Münster shall be the exclusive place of jurisdiction – also for check disputes. However, the hotel may, at its option, also sue the customer at the customer’s location or registered office. The same shall apply in each case if the customer meets the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany.

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

5. attention is drawn to the fact that the European Union has established an online platform for the out-of-court settlement of consumer disputes (“ODR platform”): http: //ec.europa.eu/consumers/odr/ . The Adler Hotel does not participate in dispute resolution proceedings before consumer arbitration boards.

6. 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.6