General Terms and Conditions of Kommerzhotel Betriebsgesellschaft mbH
in Germany / room
I. SCOPE
1. These Terms and Conditions apply to contracts for the rental of hotel rooms by KOMMERZHOTEL Betriebsgesellschaft mbH (hereinafter referred to as “KOMMERZHOTEL”) for accommodation purposes as well as all other services and deliveries provided by the hotel to customers in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and stands for the following terms: accommodation, lodging, hotel contract, hotel room contract.
2. The subletting or re-letting of the rooms as well as their use for purposes other than accommodation require the prior written consent of KOMMERZHOTEL, whereby §540 para. 1 clause 2 of the German Civil Code (BGB) is waived if the customer is not a consumer.
3. The customer’s General Terms and Conditions shall apply only if previously and expressly agreed in writing.
II. CONCLUSION OF CONTRACT, PARTIES, CLAIMS LIMITATION
1. The Contract is concluded when KOMMERZHOTEL accepts the customer’s request for its services. KOMMERZHOTEL and the customer are the Parties to the Contract. KOMMERZHOTEL is free to confirm the room booking in text form.
2. If a third party has requested the hotel’s services on behalf of the customer, the customer and the third party are jointly and severally liable to KOMMERZHOTEL for all obligations arising from the hotel accommodation contract, provided that KOMMERZHOTEL has received a corresponding declaration from the third party.
3. All claims against KOMMERZHOTEL generally expire within one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims if the latter are based on an intentional or grossly negligent breach of duty by KOMMERZHOTEL or its vicarious agents. Claims by consumers within the meaning of §13 BGB expire in accordance with the statutory provisions.
III. SERVICES, PRICES, PAYMENTS, OFFSETS
1. KOMMERZHOTEL is obliged to make available the rooms reserved by the customer and to provide the services agreed. If KOMMERZHOTEL is unable to accommodate the customer due to overbooking, it is entitled to rebook the customer into a suitable hotel.
2. The customer is obliged to pay the agreed or applicable prices of KOMMERZHOTEL for the room and other services they use. This also applies to outsourced, third-party services ordered directly by the customer or via KOMMERZHOTEL.
3. KOMMERZHOTEL’s invoices are to be paid immediately and without deduction upon receipt. KOMMERZHOTEL may demand immediate payment of accounts receivable from the customer. In the event of default in payment, KOMMERZHOTEL is entitled to claim the applicable statutory default interest of 9% currently or 5% in the case of transactions involving a consumer. KOMMERZHOTEL reserves the right to claim higher damages with suitable proof.
4. The agreed prices are inclusive of the taxes and local charges applicable at the time the Contract was concluded. Local charges directly payable by the guest under local laws e.g., tourism, spa, or cultural taxes are not included. If the statutory value added tax is changed or if local fees for rooms and services are newly introduced, changed, or abolished after these have been contractually agreed upon, the prices will be adjusted accordingly. This only applies to contracts concluded with consumers, if four months have passed between the conclusion and fulfillment of the Contract.
5. After the conclusion of the Contract, KOMMERZHOTEL is not obliged to agree to customer requests for a subsequent reduction in the number of rooms, KOMMERZHOTEL services booked, or length of the stay. If KOMMERZHOTEL agrees, it can make its consent dependent on a charging a higher price for the rooms and/or other KOMMERZHOTEL services.
6. KOMMERZHOTEL is entitled to demand from the customer when the Contract is concluded a reasonable advance payment from the customer up to the amount of the full price of the overnight stay or also a security deposit, for example in the form of a credit card guarantee or credit card debit. The amount of the advance payment, the payment dates, and/or the security deposit must be agreed in writing. Legal provisions for package tour advance payments or deposits remain unaffected. In the event the customer is in default of payment, the statutory regulations remain unaffected.
7. KOMMERZHOTEL is also entitled at the beginning of and during the customer’s stay to request an advance payment or security deposit within the meaning of clause III.6 above for any existing and future claims from the Contract, insofar as such has not already been paid as stipulated therein.
8. The customer may only offset or settle an undisputed or legally binding claim against the hotel’s invoice.
IV. WITHDRAWAL BY THE CUSTOMER (CANCELATION) / FAILURE TO USE THE HOTEL’S SERVICES (NO SHOW)
1. Cancelation by the customer of the Contract concluded with KOMMERZHOTEL is only possible if a right of withdrawal has been expressly agreed in the Contract, another statutory right of withdrawal exists, or if KOMMERZHOTEL expressly agrees to the cancellation of the Contract. Any agreement of a right to withdraw from the Contract and any consent to the cancelation of the Contract must both be in writing.
2 Insofar as KOMMERZHOTEL and customer have agreed upon a date for free withdrawal from the Contract, the customer may withdraw from the Contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal shall expire if they do not exercise this right of withdrawal vis-à-vis KOMMERZHOTEL by the agreed date.
3. KOMMERZHOTEL is entitled to the contractually agreed rate even if the rooms are not used, if a contractual right of withdrawal was not agreed or has expired or if there is no statutory right of withdrawal or cancelation and KOMMERZHOTEL has not given its consent to the cancelation of the Contract. KOMMERZHOTEL must offset the income from renting out the room(s) to other parties as well as the saved expenses against its claim against the customer. If rooms are not let out to other guests, KOMMERZHOTEL may deduct a flat rate for its saved expenses. In this case, the customer shall be obliged to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast as well as any third-party services arranged at a flat rate. The customer is free to demonstrate that the hotel’s damages are less than the amount claimed.
4. The regulations of clause IV.3 apply accordingly to half- and full board arrangements with the proviso that the customer shall instead pay 80% of the contractually agreed price, unless the parties have agreed otherwise in the individual contracts. The customer is free to demonstrate that the hotel’s damages are less than the amount claimed.
V. CANCELATION BY THE HOTEL
1. If it has been agreed in text form that the customer may withdraw from the Contract free of charge within a certain period, KOMMERZHOTEL is entitled to withdraw from the Contract during this same period if there are inquiries from other customers about the contractually booked rooms and the
customer does not waive their right to withdraw within a reasonable deadline at KOMMERZHOTEL’s request.
2. If the customer fails to make the agreed or requested advance payment or security deposit as stipulated in clause III.6 even after a reasonable grace period set by KOMMERZHOTEL has expired, KOMMERZHOTEL is also entitled to withdraw from the Contract.
3. Moreover, KOMMERZHOTEL is entitled to extraordinary cancelation of the Contract for materially justifiable cause, e.g. if
• Force majeure or other circumstances for which KOMMERZHOTEL is not responsible make it impossible to fulfill the Contract;
• The rooms or spaces have been reserved with culpably misleading or false information or while concealing essential facts; the identity or solvency of the customer or the purpose of their stay can constitute such essential facts;
• KOMMERZHOTEL has justified cause to believe that the use of the service could endanger the smooth operation of its business, the safety or the reputation of KOMMERZHOTEL in public, without this being attributable to KOMMERZHOTEL’s sphere of control or organization;
• The purpose or the cause of the stay is illegal;
• There has been a breach of clause I.2 above.
4. Such extraordinary withdrawal for cause by KOMMERZHOTEL does not create a claim to compensation for the customer.
VI. PROVISION, HANDOVER, AND RETURN OF ROOMS
1. Unless otherwise expressly agreed, the customer has no right to demand the provision of specific rooms.
2. Reserved rooms are available to the customer from 3 p.m. on the agreed day of arrival. The customer is not entitled to any earlier provision of the room.
3. Rooms must be vacated and made available to the hotel no later than 11:00 am on the agreed departure date. After this time, KOMMERZHOTEL is entitled to charge the customer 50% of the full accommodation price (list price) until 6 pm for their continued use of the room beyond the contractually agreed period; after 6 pm, this charge increases to 100%. This charge does not create any contractual claims for the customer. The customer is at liberty to prove that KOMMERZHOTEL has suffered less or no damages from the extended use of the room.
VII. PETS
1. Bringing pets is not permitted in the KOMMERZHOTEL. However, there is an exception for dogs for sight or hearing impaired guests, or comparable service dogs. These may accompany the guest free of charge and at all times.
VIII. LIABILITY OF THE HOTEL
1. KOMMERZHOTEL is liable for its obligations under the Contract. Customer claims for damages are excluded. Excluded from this are damages resulting from injury to life, limb, or health arising from KOMMERZHOTEL’s culpable breach of its obligations, other damages based upon its intentional or grossly negligent breach of its obligations, and damages based upon its intentional or grossly negligent breach of obligations typical of such hotel accommodation contracts. A breach of obligation by one of its legal representatives or vicarious agents is equivalent to one by KOMMERZHOTEL. Should disruptions or deficiencies in the services of KOMMERZHOTEL occur, KOMMERZHOTEL will endeavor to remedy the situation if the customer becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable to eliminate the disruption and to keep any possible damage as low as possible. In addition, the customer is obliged to inform KOMMERZHOTEL in good time of the possibility of exceptionally high damage.
2. KOMMERZHOTEL is liable for any property brought onto its premises by the customer in accordance with the statutory provisions. KOMMERZHOTEL recommends using the hotel safe; the safes in the rooms do not guarantee secure storage. If the guest wishes to bring cash, securities, or valuables with a total value of more than € 800 or other items with a total value of more than € 3500, this requires a separate storage agreement with KOMMERZHOTEL.
3. Even outside of their room, the customer is fundamentally obliged to take care of their belongings and valuables. KOMMERZHOTEL is only liable in accordance with clause VII.7. clauses 1-4 above.
4. KOMMERZHOTEL does not have its own parking spaces for customers. The temporary parking of vehicles does not create any duty of care or safeguarding for KOMMERZHOTEL. If motor vehicles parked or maneuvered on the hotel property or their contents are lost or damaged, KOMMERZHOTEL is only liable in accordance with clause VII.7. clauses 1-4 above.
5. Wake-up calls, messages, mail, and merchandise deliveries for guests are handled with care. KOMMERZHOTEL will handle the delivery, storage, and, upon request and for a fee, also the forwarding of the same. KOMMERZHOTEL is only liable for wake-up calls, messages, mail, and shipments of goods in accordance with §VII.7. clauses 1-4 above.
6. The photos shown on the website and in brochures are only typical and serve as an illustration. They do not represent a guarantee of the quality of the rooms booked by the customer. Even if every effort has been made to ensure that the photographs, graphics, and texts reproduced to illustrate KOMMERZHOTEL give the most accurate possible impression of the accommodation services offered, there may be deviations between the booked and the illustrated room, particularly due to the large number of rooms, changes to the furnishings, or subsequent renovations. The guest is not entitled to any complaints in this regard.
7. KOMMERZHOTEL cannot be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, through the action of third parties, the guest or their partner, including unavailability of the internet, prevented access to the website, external interference, viruses or unauthorized prepayment by the bank of the submitter.
IX. CUSTOMER’S LIABILITY FOR DAMAGES
1. If the customer is an entrepreneur, it is liable for all damage to buildings or inventory caused by event participants or visitors, employees, fellow travelers, visitors, or other third parties from its area or itself. The statutory liability provisions apply to consumers.
2. KOMMERZHOTEL can demand the provision of appropriate securities (e.g., insurance, deposits, guarantees) from the customer.
X. FINAL PROVISIONS
1. Any changes and additions to the Contract, the acceptance of booking requests, and these general terms and conditions must all be made in writing. Any unilateral changes or additions by the customer are not accepted.
2. Place of fulfillment and payment is the location of KOMMERZHOTEL.
The sole court of jurisdiction for commercial transactions, including check and bill of exchange disputes, shall be Cologne. If a Contracting Party fulfills the requirement of §38 para. 2 of the Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction is Cologne.
4. This contract is governed by the laws of the Federal Republic of Germany. The application of the UN Sales Convention and conflict of laws provisions is excluded.
5. Should any of these individual terms and conditions be invalid or void, this will not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.