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GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT MOSELVILLA 1900, RAVENESTRASSE 32, 56812 COCHEM

§ 1 SCOPE

(1) These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all further services and supplies provided to the customer by the hotel in this connection (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract.

(2) Subletting or re-letting the rooms provided is prohibited.

(3) The customer's general terms and conditions shall only apply if this has been expressly agreed in advance.

§ 2 CONCLUSION OF CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD

(1) The contracting parties are the hotel and the customer. The contract is concluded through the hotel's acceptance of the customer's application in the form of the customer's booking. The hotel is free to confirm the room booking in text form.

(2) All claims against the hotel are generally subject to a limitation period of one year from the statutory commencement of the limitation period. This does not apply to claims for damages and to other claims, insofar as the latter are based on an intentional or grossly negligent breach of duty by the hotel.

§ 3 SERVICES, PRICES, PAYMENT, SET-OFF

(1) The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services. The customer's booking does not entitle them to a specific room.

(2) The customer is obliged to pay the hotel's agreed or applicable prices for the provision of the room and for any further services used by the customer. This also applies to services commissioned by the customer directly or through the hotel which are provided by third parties and paid for in advance by the hotel.

(3) The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local charges which are owed by the customer themselves under the respective municipal law, such as visitor's tax (Kurtaxe). In the event of a change in statutory value-added tax or the introduction, change or abolition of local charges on the subject matter of the service after conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion of the contract and performance of the contract exceeds four months.

(4) The hotel may make its consent to a subsequent reduction, requested by the customer, in the number of rooms booked, the hotel's services, or the customer's length of stay dependent on an appropriate increase in the price for the rooms and/or for the hotel's other services.

(5) Subject to any agreement to the contrary, the hotel is entitled to payment in cash for all services prior to departure and accordingly has a statutory lien on the items brought in by the guest.

(6) Invoices from the hotel are due for payment immediately upon receipt without deduction. If payment on invoice has been agreed, payment falls due – subject to any deviating agreement – within ten days of receipt of the invoice.

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

(8) In justified cases, for example in the event of payment arrears on the part of the customer or an expansion of the scope of the contract, 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 the preceding paragraph (6), or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

(9) The hotel is further entitled, at the start of and during the stay, to demand from the customer a reasonable advance payment or security deposit within the meaning of the preceding paragraph (6) for existing and future claims arising from the contract, insofar as such has not already been provided in accordance with the preceding paragraphs (6) and/or (7).

(10) The customer may only offset or set off against a claim of the hotel with an undisputed or legally established claim.

(11) The customer agrees that the invoice may be sent to them electronically.

§ 4 CUSTOMER'S WITHDRAWAL (CANCELLATION) / NON-UTILIZATION OF THE HOTEL'S SERVICES (NO SHOW)

(1) Withdrawal by the customer from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists, or if the hotel expressly agrees to the cancellation of the contract. Any agreement on a right of withdrawal as well as any consent to a cancellation of the contract should each be made in text form.

(2) If a date for free-of-charge withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract up to that point without triggering any payment or damages claims by the hotel.

(3) The customer may withdraw free of charge up to 14 days before the agreed arrival date.

(4) If a right of withdrawal has not been agreed or has already expired, and no statutory right of withdrawal or termination exists, and the hotel does not consent to a cancellation of the contract, the hotel retains the claim to the agreed remuneration despite non-utilization of the service. The hotel must credit income from alternative letting of the rooms as well as expenses saved. If the rooms are not let elsewhere, the hotel may apply a flat-rate deduction for expenses saved. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise, or did not arise in the amount claimed.

(5) The following cancellation conditions apply to group bookings: For a booking of 5-10 rooms, the customer may withdraw free of charge up to 21 days before arrival. For a booking of 10 or more rooms, the customer may withdraw free of charge up to 56 days before arrival. In the event of withdrawal up to 28 days before arrival, the customer shall bear 80% of the travel costs.

§ 5 WITHDRAWAL BY THE HOTEL

(1) If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is in turn entitled to withdraw from the contract during this period if other customers are inquiring about the contractually booked rooms and the customer, upon inquiry by the hotel with a reasonable deadline, does not waive their right of withdrawal. The same applies accordingly in the case of an option granted, if other inquiries are received and the customer, upon inquiry by the hotel with a reasonable deadline, does not waive their right of withdrawal.

(2) If an advance payment or security deposit agreed or demanded pursuant to § 3 paragraph (6) and/or paragraph (7) is not provided even after the expiry of a reasonable grace period set by the hotel, the hotel is likewise entitled to withdraw from the contract.

(3) Furthermore, the hotel is entitled to withdraw from the contract for extraordinary cause for an objectively justified reason, in particular if - force majeure or other circumstances not attributable to the hotel make it impossible to fulfil the contract; - rooms or premises are booked culpably on the basis of misleading or false information or the concealment of material facts; the identity of the customer, their solvency, or the purpose of the stay may be material in this respect; - the hotel has reasonable grounds to assume that the use of the service could jeopardize the smooth operation of the business, the safety, or the public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization; - the purpose or occasion of the stay is unlawful; - there is a breach of the above-mentioned § 1 paragraph (2). - the provision of the owed service has become impossible for the hotel due to an official order not based on reasons attributable to the hotel.

(4) A justified withdrawal by the hotel does not give rise to any claim for damages by the customer.

§ 6 PROVISION, HANDOVER AND RETURN OF THE ROOM

(1) The customer does not acquire any claim to the provision of specific rooms unless this has been expressly agreed in text form. If the room is not vacated for its contractually exceeding use by 6:00 p.m., 50% of the full room rate (price according to the price list) will be charged, and 90% from 6:00 p.m. onwards. This does not give rise to any contractual claims on the part of the customer. The customer is free to prove that the hotel's claim to a usage fee did not arise, or arose in a significantly lower amount.

§ 7 LIABILITY

(1) The hotel is liable for damages attributable to it arising from injury to life, body or health. Furthermore, it is liable for other damages arising from an intentional or grossly negligent breach of duty by the hotel, or from an intentional or negligent breach of obligations typical for this type of contract by the hotel. Obligations typical for this type of contract are those obligations which make the proper performance of the contract possible in the first place and on whose fulfilment the customer relies and may rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded insofar as not otherwise regulated in this § 7. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to provide a remedy upon becoming aware of this or upon prompt complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and to keep any possible damage to a minimum.

(2) The hotel is liable to the customer for items brought in, 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 euros, or other items with a value of more than 3,500 euros, this requires a separate safekeeping agreement with the hotel.

(3) Insofar as a parking space in the hotel garage or on the hotel car park is made available to the customer, even for a fee, this does not constitute a safekeeping contract. In the event of loss of or damage to motor vehicles and their contents parked or maneuvered on the hotel premises, the hotel is only liable in accordance with the preceding § 7 paragraph (1) sentences 1 to 4.

(4) The hotel offers only non-smoking rooms; accordingly, a general smoking ban applies in all hotel rooms and public areas of the hotel. In the event of a guest's violation of the smoking ban, the hotel is entitled to assert a flat-rate claim for damages against the customer in the amount of EUR 250.00 as compensation for cleaning measures, unless the customer proves that the hotel actually incurred no damage or a lower amount of damage. The hotel remains free to prove higher damages and to assert a corresponding claim for damages.

(5) The contracting party is liable for damage caused by the guest themselves or other fellow travelers to the furnishings or the reputation of the hotel, the property of other guests, excessive soiling of the premises, or serious disruption of the smooth operation of the business. In such a case, the hotel reserves the right to suspend the business relationship, to withdraw from the contract, to offset advance payments already made, and to make use of the lien (§ 704 BGB).

(6) If a hotel guest loses their key(s) and this results in damage – theft – vandalism in and on the hotel, the hotel guest is liable. If, as a result of the loss of the key, the hotel operator has to replace locks, the hotel guest is obliged to compensate the hotel operator for this. Since the room key belongs to a complex locking system, it may be necessary to replace more than one lock.

§ 8 FINAL PROVISIONS

(1) Amendments and supplements to the contract, to the acceptance of the application, or to these General Terms and Conditions should be made in text form. Unilateral amendments or supplements are invalid.

(2) The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – in business dealings is the local court (Amtsgericht) in 56812 Cochem. If a contracting party fulfils the requirements of § 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction within the country, 56812 Cochem shall be deemed the place of jurisdiction.

(3) German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

(4) In accordance with the statutory obligation, the hotel points out 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/ However, the hotel does not participate in dispute resolution proceedings before a consumer arbitration board.

(5) Should individual provisions of these General Terms and Conditions be or become invalid or null and void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions apply.

(6) These General Terms and Conditions are to be read in conjunction with the house rules displayed in the hotel.

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