KIM HOTEL DRESDEN
KIM HOTEL IM PARK

„My Hotel in Dresden

KIM HOTEL DRESDEN
KIM HOTEL IM PARK

„My Hotel in Dresden

DE

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General business terms for the hotel accommodation contract of the KIM Hotel GmbH with the hotels KIM HOTEL DRESDEN**** and KIM HOTEL IM PARK*** as of April 2008 (individual travellers)

I. Scope of Aplicability

1. These terms and conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel for the customer in this connection.

2. The prior consent in written form of the hotel is required if rooms provided are to be sublet or rented to other parties or used other than for lodging purposes, whereby § 540, subparagraph 1 sentence 2 of the BGB (German Civil Code) is waived infosar as the customer is not a consumer.

3. The customer's general terms and conditions shall apply only if these are previously expressly agreed upon in written form.

 

II. Conclusion of Contract, Parties, Limitation

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 written form.

2. The parties to the contract are the hotel and the customer. If a third party placed the order on behalf of the customer, then that party shall be liable vis-à-vis the hotel for all obligations arising from the hotel accommodation contract as joint and several debtor together with the customer, provided that the hotel has a corresponding statement by the third party.

3. Any claims against the hotel shall generally expire one year after the commencement of the general statute of limitations depending on knowledge according to § 199 subparagraph 1 BGB (German Civil Code). Damage claims shall expire after five years, independent of knowledge. The reduction of the limitation periods shall not apply for claims which are based on an intentional or glossly negligent breach of obligation by the hotel.

 

III. Services, Prices, Payment, Set-off

1. The hotel is obliged to keep the rooms reserved by the customer available and to render the agreed services.

2. The customer is obliged to pay the agreed or applicable hotel prices for rooms provided and for other services used. This shall also apply to the hotel's services and outlays to third parties arranged by the customer.

3. The agreed prices shall include the respective statutory Value Added Tax. Should the time span between contracting and fulfilment be longer than 4 months and the hotel raise the generally applicable prices for said services, it can raise the price agreed upon reasonably, yet by no more than 5 %.

4. Furthermore, the hotel may change the prices if the customer subsequently requires to change the number of booked rooms, room occupancy, room category, the services of the hotel or the duration of the guests' stay. The hotel has to agree to these changes in written form.

5. Hotel invoices not showing a due date are payable and due within ten days of receipt of the invoice without deduction. The hotel shall be entitled at any time to make accumulating accounts receivable payable and due and to demand payment without undue delay. At default in payment, the hotel shall be entitled to demand the respectively applicable statutory default interest in the amount of currently 8 % or, with legal transactions with a consumer, in the amount of 5% above the base interest. The hotel reserves the right to prove greater damage.

6. The hotel is entitled to require a reasonable advance payment or security deposit from the customer upon conclusion of the contract or after contracting, in accordance with the laws concerning package travel. The amount of the advance payment and payment dates may be agreed upon in written form within the contract.

7. The customer may only set-off or reduce or clear a claim by the hotel with a claim which is undisputed or binding by force of law.

 

IV. Rescission by Customer (i.e. Cancellation, Annulment)/Failure to Use Hotel Services

1. Partial or entire cancellation by the customer of the contract concluded with the hotel requires the hotel's consent.

2. If the cancellation of contract is not accepted by the hotel, the hotel will try to rent the room/rooms to other customers. Should this not be possible for the hotel, the price agreed upon for accommodation/breakfast and wellness-services for the agreed duration becomes due. The following terms apply in case of annulment:

3. The hotel has to credit revenue through renting the room to other parties and saved costs for rooms the customer has not occupied.

4. The hotel may demand the price agreed upon in the contract and credit saved costs in form of a lump sum. In this case, the customer is obliged to pay at least 90% of the price agreed upon in the contract for accommodation with or without breakfast, 70% for half-board packages and 60% for full-board-packages. The customer is at liberty to prove that the hotel incurred no or much lesser claim to use damages.

Up to 7 days before your arrival:     free of charge

6 days to 1 day before arrival:         80% of the agreed total price

Annulment on day of arrival:            90% of the total price agreed upon

These terms also apply in case of a reduction of the number of rooms booked and/or a reduction of the duration of stay.

 

V. Rescission by the Hotel

1. Insofar as it was agreed in written form that the customer may withdraw from the contract within a certain period of time free of charge, the hotel is entitled for its part to cancel the contract during this period if inquiries of other customers regarding the contractually reserved rooms exist and the customer, upon further inquiry thereof by the hotel, does not waive his right of rescission.

2. If an agreed advance payment or security deposit demanded pursuant to term III No. 6 is not made even after a reasonable further deadline set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.

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

force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract; rooms are booked with culpably misleading or false information regarding factual contractual 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 jeopardise the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel's sphere of control or organisation;

there is a breach of the above-mentioned term I No. 2.

4. The customer can derive no damage compensation claim from justified rescission of the hotel.

 

VI. Room Availability, Delivery and Return

1. The customer does not acquire the right to the provision of specific rooms.

2. Reserved rooms are available to the customer starting at 3 p.m on the agreed arrival date. The customer does not have the right to earlier availability.

3. The rooms must be vacated and made available to the hotel no later than 11 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% of the full accommodation rate (list price) for the additional use of the room until 6 p.m., after 6 p.m.: 100%. Contractual claims of the customer shall not be established thereby. The customer is at liberty to prove that the hotel incurred no or much lesser claim to use charges.

 

VII. Liability of the Hotel

1. The hotel is liable for the performance of its obligations arising from the contract in accordance to statutory regulations. Damage claims which arise from positive breach of an obligation, from fault at conclusion of contract and from unlawful acts are excluded both against the hotel and its staff except for such which are caused by an intentional or grossly negligent breach of obligation. In cases of death and damage to body and health, the hotel is also liable in case of simple negligence.

2. The limitation period for claims of the customer against the hotel is six months after rendering of the hotel services agreed upon. This short limitation period also applies in favour of the hotel in cases of culpa in contrahendo, positive breach of contract and unlawful acts.

3. No liability and/or warranty is accepted in case of services provided by third parties.

4. Valuables may be stored in the hotel safe. The hotel recommends that guests make use of that possibility.

5. The hotel is neither liable for theft of or damages to vehicles parked on hotel premises, nor for the vehicles' contents. No custody agreement is concluded. No guarding takes place.

 

VIII. Final Provisions

Amendments or supplements to the contract, the acceptance of applications or these general terms and conditions are to be made in written form. Unilateral amendments or supplements by the customer are void.

1. Place of performance and payment is the location of the hotel.

2. The courts at the loation of the hotel's registered office shall have exclusive jurisdiction for commerial transactions including disputes for cheques and bills of exchange. Insofar as a contrating party fulfils the requirements of § 38 subparagraph 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction within the country, the place of jurisdiction is to be the location of the hotel.

3. German law applies. The application of UN purchasing law and conflict of laws is excluded.

4. Should individual provisions of these general terms and conditions for the hotel accommodation be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereof. As for the rest, the statutory provisions are applicable.

 


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