GENERAL TERMS AND CONDITIONS
FOR THE HOTEL ACCOMMODATION CONTRACT
1. SCOPE OF APPLICATION
1.1 These Terms and Conditions apply to contracts of Dalata Deutschland Hotelbetriebs GmbH, trading under the name “Clayton Hotel Düsseldorf”, Immermannstraße 41, 40210 Düsseldorf, for the rental of hotel rooms for accommodation, as well as all other services and supplies provided by the hotel to the customer in this context (Hotel Accommodation Contract). The term “Hotel Accommodation Agreement” includes and replaces the following terms: Accommodation Contract, Guest Accommodation Contract, Hotel Contract and Hotel Room Contract.
1.2 These terms and conditions shall apply exclusively. The hotel does not recognize any conflicting, deviating or supplementary terms and conditions of the customer unless the hotel has expressly agreed to their validity in text form. These Terms and Conditions shall also apply if the Hotel performs the services without reservation in the knowledge of the Customer’s Terms and Conditions.
2. CONCLUSION OF CONTRACT, CONTRACTING PARTIES
2.1 The contract is concluded by the hotel’s acceptance of the customer’s application. The hotel is free to confirm the room reservation in text form.
2.2 The contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
2.3 The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
3. SERVICES, PRICES, PAYMENTS, OFFSETTING
3.1 The hotel is obligated to provide the rooms booked by the customer and to render the agreed services.
3.2 The customer does not acquire any right to the provision of specific rooms, unless the hotel has confirmed the provision of a specific room in writing. Unless otherwise agreed with the customer, hotel rooms are available from 3 p.m. on the day of arrival (check-in time). The customer has no right to earlier provision. If the customer can only arrive on the day following the start of the booking, the hotel is only obliged to keep the rooms booked by the customer available until check-out time on this day if the customer notifies the hotel of his late arrival on the original arrival day.
3.3 On the day of departure, the rooms must be vacated by 12 noon at the latest (check-out time). If the rooms are not vacated in time, the hotel may charge half the room rate according to the price list for the additional use of the room until 6:00 p.m., and 90% of the full room rate according to the price list from 6:00 p.m. onwards. Contractual claims between the hotel and the customer are not established by this. However, the customer is entitled to prove that the hotel has suffered no damage at all or significantly less damage.
3.4 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 conditional upon an increase in the price of the rooms and/or other hotel services. For the use of services in the normal hotel operation or restaurant area, which requires the provision of employees, the hotel is entitled to charge reasonable surcharges per hour or part thereof after 24:00.
3.5 The agreed prices include the 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 cultural tax or bed tax: In the event of changes in the statutory value added tax or the introduction, amendment or abolition of local taxes on the subject of performance after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion and fulfillment of the contract exceeds four months.
3.6 If the period between the conclusion of the contract and the agreed date of arrival exceeds four (4) months and if the price generally charged by the hotel for the contractual service increases after the date of the conclusion of the contract, the contractually agreed price may be increased by a reasonable amount, but not by more than 10%, without the customer’s consent. If the agreed price is increased by more than 10%, the customer is entitled to withdraw from the contract.
Unless the amount of advance payments and the dates of payment are otherwise agreed in writing in the contract, the following advance payments shall be deemed agreed:
For the accommodation of groups of 50 room nights or more
– 10 % deposit at the conclusion of the contract as a guarantee, plus
– 50 % deposit 90 calendar days before arrival of the group, plus
– 30 % deposit 30 calendar days before the arrival of the group,
3.7 The Hotel may make its consent to a subsequent reduction requested by the Customer in the number of booked rooms, the Hotel’s services or the Customer’s length of stay conditional upon an increase in the price of the rooms and/or other services provided by the Hotel.
3.8 Unless other payment terms have been expressly agreed, the hotel’s invoices are due for payment immediately upon receipt of the invoice, without any deductions. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel shall be entitled to charge interest on arrears at a rate of 10% above the prime rate for companies and 5% above the prime rate for consumers. The hotel reserves the right to prove higher damages. Settlement shall be made in the currency of the euro. In case of payment with foreign means of payment, the exchange rate differences and bank charges shall be borne by the customer.
3.9 In justified cases, for example payment arrears on the part of the customer or expansion of the scope of the contract, the hotel is entitled, even after conclusion of the contract, until the beginning of the stay and during the stay, to demand an advance payment or security deposit or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.10. The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
4. WITHDRAWAL OF THE CUSTOMER (CANCELLATION) / NON-UTILIZATION OF THE HOTEL’S SERVICES (NO SHOW)
4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists, or if the hotel expressly consents 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 must be made in text form in each case.
4.2 If the hotel and the customer have agreed on a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract until that date without triggering payment or damage compensation claims by the hotel. The customer’s right to withdraw from the contract expires if he does not exercise his right to withdraw from the contract with the hotel by the agreed date.
4.3 The customer’s withdrawal from the accommodation contract requires the hotel’s prior written consent. Without the hotel’s consent, the customer is obligated to pay 90% of the contractually agreed price for overnight stays with or without breakfast and for package arrangements with third-party services if the rooms are not used. The customer is free to prove that the above claim did not arise or did not arise in the required amount.
4.4 Individual special services (e.g. cakes, flowers, etc.) that become useless as a result of the cancellation shall be paid for in full by the customer.
5. WITHDRAWAL OF THE HOTEL
5.1 If the customer’s right to withdraw from the contract free of charge within a certain period of time has been agreed upon, the hotel is also entitled to withdraw from the contract during this period if there are requests from other customers for the contractually booked rooms. In this case, the customer has no right to compensation.
5.2 If an agreed advance payment or an advance payment requested on the basis of these General Terms and Conditions is not made in due time, the hotel shall also be entitled to withdraw from the contract. In addition, the hotel may assert claims for damages against the customer.
5.3 The hotel is entitled to withdraw from the contract with immediate effect if, for example:
– force majeure and other circumstances for which the hotel is not responsible make it impossible to fulfill the contract (e.g. strike or power failure);
– rooms and rooms are culpably booked under misleading or false information of facts essential to the contract, e.g. the person of the customer or the purpose of his stay;
– the hotel has reasonable grounds to believe that the use of the room or room may jeopardize the smooth operation of the business, the security or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
– the purpose or reason for the stay is unlawful;
– the hotel is closed;
– the customer has made a statement of assets and liabilities;
– insolvency or composition proceedings are opened against the customer’s assets;
– the customer sublet or sublet the hotel without the prior consent of the hotel in text form.
Claims for damages of the hotel against the customer are not excluded due to the withdrawal.
6. LIABILITY OF THE HOTEL
6.1 The hotel is liable for damages resulting from injury to life, body or health for which it is responsible. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this clause 7. In the event of disruptions or deficiencies in the hotel’s services, the hotel will endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and keep any possible damage to a minimum.
6.2 The hotel shall be liable for items brought into the hotel in accordance with the statutory provisions. Money, securities and valuables may be stored in the hotel or room safe. The hotel recommends making use of this possibility.
6.3 Insofar as a parking space is made available to the customer in the hotel garage or in the hotel parking lot, even for a fee, this does not constitute a safekeeping contract or a guarding contract. In the event of loss of or damage to motor vehicles parked or maneuvered on hotel property and their contents, the hotel shall be liable only in accordance with the foregoing Section 6.1, sentences 1 through 4.
6.4 Wake-up calls are carried out by the hotel with the utmost care. 6.1 of these General Terms and Conditions shall apply accordingly to the exclusion of the customer’s claims for damages. Messages, mail or merchandise shipments for the guests will be handled with care. The hotel will take care of delivery, safekeeping and – upon request – forwarding of the same against payment.
6.5 All claims against the hotel shall become statute-barred one year after the beginning of the regular statute of limitations according to § 199 paragraph 1 BGB (German Civil Code). Claims for damages are subject to a limitation period of five years from the date of the damaging event, irrespective of knowledge. The reductions in the statute of limitations shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel or its vicarious agents or injury to life, limb or health.
7. FOUND PROPERTY
Items left behind will be forwarded only upon request. The hotel keeps left behind items for 6 months. After this period, the items will be handed over to the local lost and found office.
8. DATA PROTECTION
9. CONSUMER DISPUTE RESOLUTION
With regard to the law on alternative dispute resolution in consumer matters (VSBG), the hotel points out that it is neither legally obligated nor voluntarily willing to participate in dispute resolution proceedings before a consumer arbitration board.
10. FINAL PROVISIONS
10.1 Amendments or supplements to the contract for the rental of hotel rooms or to these General Terms and Conditions must be made in writing in order to be effective. This also applies to the cancellation of the written form requirement. Unilateral amendments or supplements by the customer are invalid.
10.2 The place of performance and payment is the registered office of the hotel.
10.3 The exclusive place of jurisdiction – also for disputes regarding checks and bills of exchange – in commercial transactions shall be the registered office of the hotel. If a contracting party meets the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany or in the area of application of Regulation (EC) No. 44/2001, the place of jurisdiction shall be the registered office of the hotel. In any case, the hotel reserves the right to sue the customer also at his general place of jurisdiction.
10.4 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.
10.5 Should individual provisions of these General Terms and Conditions for Hotel Accommodation 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.
Issued: April 2023