GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION AGREEMENT

As of January 2019

Diehl’s Hotel
Rheinsteigufer 1 | 56077 Koblenz

Tel.: 0261 – 97 07 0 | Fax: 0261 – 97 07 21 3
info@diehls-hotel.de | www.diehls-hotel.de

1 SCOPE OF APPLICATION

1.1 These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging, as well as to all other services and supplies provided by the hotel to the guest in this context (hotel accommodation contract).
The term “hotel accommodation contract” encompasses and replaces the following terms: lodging contract, guest accommodation contract, hotel contract, and hotel room contract.

1.2 Subletting or subleasing the rooms provided, as well as using them for purposes other than lodging, requires the hotel’s prior written consent; in this regard, § 540(1), second sentence, of the German Civil Code (BGB) is waived to the extent that the customer is not a consumer.

1.3 The Customer’s general terms and conditions shall apply only if this has been expressly agreed upon in advance.

2 CONCLUSION OF THE CONTRACT, CONTRACTING PARTIES, STATUTE OF LIMITATIONS

2.1 The contracting parties are the hotel and the customer. The contract is concluded upon the hotel’s acceptance of the customer’s request. The hotel is free to confirm the room reservation in writing.

2.2 All claims against the hotel generally become time-barred one year after the statutory commencement of the limitation period. Claims for damages become time-barred after five years, depending on when the hotel becomes aware of the claim, unless they are based on injury to life, body, health, or liberty. Such claims for damages are subject to a ten-year statute of limitations, regardless of when the hotel becomes aware of the claim. The shortened limitation periods do not apply to claims arising from an intentional or grossly negligent breach of duty by the hotel.

3 SERVICES, PRICES, PAYMENT, SETOFF

3.1 The hotel is obligated to reserve the rooms booked by the customer and to provide the agreed-upon services.

3.2 The customer is obligated to pay the hotel’s agreed-upon or applicable rates for the room and any additional services the customer has used. This also applies to services ordered by the customer directly or through the hotel that are provided by third parties and paid for in advance by the hotel.

3.3 The agreed-upon prices include all taxes and local fees in effect at the time the contract is concluded. They do not include local fees that the guest is required to pay directly under applicable local law, such as a visitor’s tax. In the event of a change in the statutory value-added tax or the introduction, modification, or abolition of local charges on the subject matter of the service after the contract is concluded, the prices will be adjusted accordingly. For
contracts with consumers, this applies only if the period between the conclusion of the contract
and the performance of the contract exceeds four months.

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 length of the customer’s stay contingent upon an increase in the price of the rooms and/or the hotel’s other services.

3.5 Hotel invoices without a due date are payable in full within 15 days of receipt of the invoice. The hotel may at any time demand immediate payment of any due amounts from the guest. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest, which is currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove that it has suffered greater damages.

3.6 Upon conclusion of the contract, the hotel is entitled to require the customer to make a reasonable advance payment or provide security, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed upon in writing in the contract. The statutory provisions regarding advance payments or security deposits for package tours remain unaffected.

3.7 In justified cases, such as the customer’s failure to make timely payments or an expansion of the scope of the contract, the hotel is entitled, even after the contract has been concluded and up until the start of the stay, to demand an advance payment or security deposit as defined in Section 3.6 above, or to increase the advance payment or security deposit agreed upon in the contract up to the full agreed-upon compensation.

3.8 The hotel is also entitled, at the beginning of and during the guest’s stay, to require the guest to make a reasonable advance payment or provide security, as defined in Section 3.6 above, for existing and future claims arising from the contract, provided that such payment has not already been made in accordance with Section 3.6 and/or Section 3.7 above.

3.9 The customer may only set off or offset a claim against a claim by the hotel if the claim is undisputed or has become final and binding.

4 CUSTOMER WITHDRAWAL (CANCELLATION) /
FAILURE TO USE THE HOTEL’S SERVICES (NO-SHOW)

4.1 The customer may cancel the contract concluded with the hotel only if a right of cancellation has been expressly agreed upon in the contract, if another statutory right of cancellation exists, or if the hotel expressly consents to the cancellation of the contract. Any agreement regarding a right of withdrawal, as well as any consent to the termination of the contract, must be made in writing.

4.2 If a deadline for free withdrawal from the contract has been agreed upon between the hotel and the customer, the customer may withdraw from the contract by that deadline without triggering any claims for payment or damages by the hotel. The customer’s right to cancel expires if the customer does not exercise this right with the hotel by the agreed-upon date.

4.3 If a right of withdrawal has not been agreed upon or has already expired, and there is no statutory right of withdrawal or termination, and the hotel does not consent to the termination of the contract, the hotel retains the right to the agreed-upon compensation despite the service not being used. The hotel must offset any revenue from renting the rooms to other guests as well as any expenses saved. If the rooms are not rented to other guests, the hotel may apply a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay at least 90% of the contractually agreed-upon price for overnight stays with or without breakfast, as well as for package deals including third-party services; 70% for half-board arrangements; and 60% for full-board arrangements. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise in the amount claimed.

5 CANCELLATION BY THE HOTEL

5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a specified period, the hotel is, for its part, entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the rooms booked under the contract and the customer, upon being asked by the hotel and given a reasonable deadline, does not waive their right to withdraw.

5.2 If an advance payment or security deposit agreed upon or required pursuant to Section 3.6 and/or Section 3.7 is not made even after the expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to terminate the contract.

5.3 Furthermore, the hotel is entitled to terminate the contract for cause, in particular if – force majeure or other circumstances beyond the hotel’s control make it impossible to fulfill the contract; – rooms or spaces are booked through culpable provision of misleading or false information or by concealing material facts; such material facts may include the guest’s identity, financial solvency, or the purpose of the stay; – the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the safety, or the hotel’s public reputation, without this being attributable to the hotel’s sphere of control or organizational responsibility;
– the purpose or reason for the stay is unlawful;
– there is a violation of Section 1.2 above.

5.4 The hotel’s justified cancellation does not entitle the customer to claim damages.

6. ROOM ALLOCATION, HANDOVER, AND RETURN

6.1 The customer has no right to be provided with specific rooms, unless this has been expressly agreed upon.

6.2 Reserved rooms are available to the customer starting at 2:00 p.m. on the agreed-upon arrival date. The customer is not entitled to check in earlier.

6.3 On the agreed departure date, guests must vacate their rooms and make them available to the hotel by 11:00 a.m. at the latest. Thereafter, due to the delayed vacating of the room, the hotel may charge 50% of the full room rate (list price) for its use beyond the terms of the contract until 6:00 p.m., and 90% after 6:00 p.m. This does not give rise to any contractual claims on the part of the guest. The guest is free to prove that the hotel incurred no charge for use of the room or a significantly lower charge.

7 LIABILITY OF THE HOTEL

7.1 The 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 resulting from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach of the hotel’s obligations typical to the contract. A breach of duty by the hotel is deemed equivalent to a breach by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this Section 7. Should disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy the situation upon becoming aware of them or upon immediate notification by the guest. The guest is obligated to make a reasonable effort to help resolve the disruption and minimize any potential damage.

7.2 The hotel is liable to the guest for items brought onto the premises in accordance with statutory provisions. The hotel recommends using the hotel or in-room safe. If the guest wishes to bring in cash, securities, and valuables worth more than 800 euros or other items worth more than 3,500 euros, a separate storage agreement with the hotel is required.

7.3 If the customer is provided with a parking space in the hotel garage or in the hotel parking lot—even for a fee—this does not constitute a contract of safekeeping. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel premises and their contents, the hotel shall be liable only in accordance with the provisions of Section 7.1, sentences 1 through 4, above.

7.4 Wake-up calls are handled by the hotel with the utmost care. Messages, mail, and packages for guests are handled with care. The hotel will deliver, store, and—upon request and for a fee—forward such items. The hotel’s liability in this regard is limited to the provisions of Section 7.1, sentences 1 through 4, above.

8 FINAL PROVISIONS

8.1 Any amendments or additions to the contract, the acceptance of the application, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions by the customer are invalid.

8.2 The place of performance and payment, as well as the exclusive venue—including for disputes involving checks and
bills of exchange—in commercial transactions is Diehl’s Hotel GmbH, Rheinsteigufer 1, 56077 Koblenz-Ehrenbreitstein. If a contracting party meets the requirements of Section 38(2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the place of jurisdiction shall be Diehl’s Hotel GmbH, Rheinsteigufer 1, 56077 Koblenz-Ehrenbreitstein.

8.3 German law shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods and conflict-of-laws provisions is excluded.

8.4 Should any provision 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.

9 CALCULATION OF INCREASED CLEANING COSTS / SMOKING IN A NON-SMOKING ROOM

9.1 The hotel reserves the right to charge an additional cleaning fee in the event of significant soiling of the room that exceeds normal levels. This fee depends on the amount of cleaning required.

9.2 An additional cleaning fee of 100 euros will also be charged if a guest smokes in a non-smoking room (all of our rooms are non-smoking).

GENERAL TERMS AND CONDITIONS FOR EVENTS
(AS OF: January 2019)

1 SCOPE OF APPLICATION

1.1 These Terms and Conditions apply to contracts for the rental of the hotel’s conference, banquet, and event rooms for the purpose of holding events such as banquets, seminars, conferences, exhibitions, and presentations, etc., as well as to all other services and deliveries provided by the hotel to the customer in this context.

1.2 The subletting or re-letting of the premises, areas, or display cases, as well as the hosting of job interviews, sales events, or similar events, requires the prior written consent of the hotel, whereby § 540(1), sentence 2 of the German Civil Code (BGB) is waived to the extent that the customer is not a consumer.

1.3 The Customer’s general terms and conditions shall apply only if this has been expressly agreed upon in advance.

2 CONCLUSION OF THE CONTRACT, CONTRACTING PARTIES, LIABILITY, STATUTE OF LIMITATIONS

2.1 The contracting parties are the hotel and the customer. The contract is concluded upon the hotel’s acceptance of the customer’s request. The hotel is free to confirm the event reservation in writing.

2.2 The 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 resulting from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach of the hotel’s obligations typical to the contract. A breach of duty by the hotel is deemed equivalent to a breach by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in Section 9
. Should disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy the situation upon becoming aware of them or upon immediate notification by the guest. The guest is obligated to do everything reasonably expected of them to remedy the disruption and minimize any potential damage. Furthermore, the guest is obligated to notify the hotel in a timely manner of the possibility of exceptionally high damages occurring.

2.3 All claims against the hotel are generally subject to a one-year statute of limitations, beginning on the date specified by law. Claims for damages are subject to a five-year statute of limitations, depending on when the hotel becomes aware of the claim, unless they arise from an injury to life, body, health, or liberty. Such claims for damages are subject to a ten-year statute of limitations, regardless of when the hotel becomes aware of them. The shortened limitation periods do not apply to claims arising from an intentional or grossly negligent breach of duty by the hotel.

3 SERVICES, PRICES, PAYMENT, SETOFF

3.1 The hotel is obligated to provide the services ordered by the guest and confirmed by the hotel.

3.2 The customer is obligated to pay the hotel’s agreed-upon or applicable rates for these and any other services utilized. This also applies to services ordered by the customer directly or through the hotel that are provided by third parties and paid for in advance by the hotel. In particular, this also applies to claims by copyright collection societies.

3.3 The agreed-upon prices include the taxes in effect at the time the contract is concluded.
In the event of changes to the statutory value-added tax or the introduction, modification, or abolition of local taxes on the subject matter of the service after the contract is concluded, the prices will be adjusted accordingly. For contracts with consumers, this applies only if the period between the conclusion of the contract and its performance exceeds four months.

3.4 Hotel invoices without a due date are payable in full within 15 days of receipt of the invoice. The hotel may at any time require the customer to pay any due amounts immediately. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest, which is currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove that it has suffered greater damages.

3.5 Upon conclusion of the contract, the hotel is entitled to require the customer to make a reasonable advance payment or provide security, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed upon in writing in the contract.

3.6 In justified cases, such as the customer’s failure to make timely payments or an expansion of the scope of the contract, the hotel is entitled, even after the contract has been concluded and up until the start of the event, to demand an advance payment or security deposit as defined in Section 3.5 above, or to increase the advance payment or security deposit agreed upon in the contract up to the full agreed-upon compensation.

3.7 The customer may set off or offset a claim against a claim by the hotel only if the claim is undisputed or has become final and binding.

4 CUSTOMER WITHDRAWAL (CANCELLATION)

4.1 The customer may cancel the contract concluded with the hotel only if a right of cancellation has been expressly agreed upon in the contract, if another statutory right of cancellation exists, or if the hotel expressly consents to the cancellation of the contract.
Any agreement regarding a right of withdrawal, as well as any consent to the termination of the contract, must be made in writing.

4.2 If a deadline for free withdrawal from the contract has been agreed upon between the hotel and the customer, the customer may withdraw from the contract by that deadline without triggering any claims for payment or damages by the hotel. The customer’s right to cancel expires if the customer does not exercise this right with the hotel by the agreed-upon date.

4.3 If a right of withdrawal has not been agreed upon or has already expired, and there is no statutory right of withdrawal or termination, and the hotel does not consent to the termination of the contract, the hotel retains the right to the agreed-upon compensation despite the service not being used. The hotel must offset any revenue from renting the rooms to other parties as well as any expenses saved. The expenses saved in each case may be calculated on a flat-rate basis in accordance with Sections 4.4, 4.5, and 4.6. The customer is free to provide
evidence that the claim has not arisen or has not arisen in the amount claimed.
The hotel is free to provide evidence that a higher claim has arisen.

4.4. If the customer cancels between the 8th and 4th week prior to the event date, the hotel is entitled to charge 35% of the lost food sales in addition to the agreed rental price; for any later cancellation, 70% of the food sales.

4.5 Catering revenue is calculated using the following formula: Agreed menu price × number of participants. If no price has yet been agreed upon for the menu, the least expensive 3-course menu from the currently valid event offerings will be used as the basis.

4.6 If a conference flat rate per participant has been agreed upon, the hotel is entitled to charge 60% of the conference flat rate multiplied by the agreed-upon number of participants in the event of a cancellation between the 8th and 4th week prior to the event date, and 85% in the event of a later cancellation.

5 CANCELLATION BY THE HOTEL

5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a specified period, the hotel is, for its part, entitled to withdraw from the contract during this period if it receives inquiries from other customers regarding the event rooms booked under the contract and the customer, upon being contacted by the hotel and given a reasonable deadline, does not waive their right to withdraw.

5.2 If an advance payment or security deposit agreed upon or required pursuant to Section 3.5 and/or Section 3.6 is not made even after the expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to terminate the contract.

5.3 Furthermore, the hotel is entitled to terminate the contract for cause for objectively justified reasons, in particular if
– force majeure or other circumstances beyond the hotel’s control make fulfillment of the contract impossible;
– events or rooms are booked through culpable provision of misleading or false information or by concealing material facts; such material facts may include the customer’s identity, financial solvency, or the purpose of the stay;
– the hotel has reasonable grounds to believe that the event may jeopardize the smooth operation of the business, the safety, or the hotel’s public reputation, without this being attributable to the hotel’s sphere of control or organizational responsibility;
– the purpose or occasion of the event is unlawful;
– there is a violation of Section 1.2.

5.4 The hotel’s justified cancellation does not entitle the customer to claim damages.

6 CHANGES IN THE NUMBER OF PARTICIPANTS AND THE EVENT DATE

6.1 Any increase in the number of participants by more than 5% must be reported to the hotel no later than five business days before the start of the event; such an increase requires the hotel’s consent, which must be provided in writing. The invoice will be based on the actual number of participants, but at least 95% of the agreed-upon higher number of participants. If the actual number of participants is lower, the customer has the right to reduce the agreed-upon price by the amount of additional expenses saved due to the lower number of participants, provided the customer can provide evidence of such savings.

6.2 The hotel must be notified of any reduction in the number of participants by more than 5% well in advance, no later than five business days before the start of the event. The invoice will be based on the actual number of participants, but at least 95% of the final agreed-upon number of participants. Clause 6.1, sentence 3, applies accordingly.

6.3 If the number of participants decreases by more than 10%, the hotel is entitled to substitute the confirmed rooms, taking into account any difference in room rental rates, unless this would be unreasonable for the customer.

6.4 If the agreed start or end times of the event are changed and the hotel agrees to such changes, the hotel may charge a reasonable fee for the additional services provided, unless the hotel is at fault.

7 BRINGING YOUR OWN FOOD AND DRINKS

As a general rule, customers are not permitted to bring their own food and beverages to events. Exceptions require prior agreement with the hotel. In such cases, a fee will be charged to cover overhead costs.

8 TECHNICAL EQUIPMENT AND CONNECTIONS

8.1 To the extent that the hotel procures technical or other equipment from third parties for the customer at the customer’s request, it acts on behalf of, under the authority of, and for the account of the customer. The guest is responsible for handling the equipment with care and returning it in proper condition. The guest shall indemnify the hotel against all claims by third parties arising from the provision of this equipment.

8.2 The use of the guest’s own electrical equipment connected to the hotel’s electrical system requires the hotel’s consent. Any malfunctions or damage to the hotel’s technical equipment resulting from the use of such devices shall be borne by the guest, unless the hotel is responsible for such malfunctions or damage. The hotel may record and charge a flat rate for the electricity costs incurred through such use.

8.3 With the hotel’s consent, the guest is entitled to use his or her own telephone, fax, and data transmission equipment. The hotel may charge a connection fee for this.

8.4 If the connection of the customer’s own equipment results in suitable hotel equipment remaining unused, a compensation fee may be charged.

8.5 Malfunctions in technical or other equipment provided by the hotel will be remedied immediately whenever possible. Payments may not be withheld or reduced unless the hotel is responsible for such malfunctions.

9 LOSS OR DAMAGE TO PERSONAL BELONGINGS

9.1 Any exhibition items or other personal belongings brought onto the premises are kept at the customer’s own risk within the event venues or the hotel. The hotel assumes no liability for loss, destruction, or damage, including economic loss, except in cases of gross negligence or willful misconduct on the part of the hotel. This exclusion does not apply to damages resulting from injury to life, limb, or health. Furthermore, all cases in which safekeeping constitutes a contractual obligation typical of the agreement, given the circumstances of the individual case, are excluded from this disclaimer of liability.

9.2 Any decorative materials brought onto the premises must comply with fire safety requirements. The hotel is entitled to request official documentation to this effect.
If such documentation is not provided, the hotel is entitled to remove any materials already brought in at the customer’s expense. Due to the risk of damage, the placement and installation of objects must be coordinated with the hotel in advance.

9.3 Any exhibition items or other objects brought onto the premises must be removed immediately after the event ends. If the customer fails to do so, the hotel may remove and store such items at the customer’s expense. If the items remain in the event room, the hotel may charge a reasonable fee for use of the room for the duration that the room is occupied.

10 CUSTOMER LIABILITY FOR DAMAGES

10.1 If the customer is a business, the customer is liable for any damage to the building or its contents caused by event participants or visitors, employees, other third parties associated with the customer, or the customer itself.

10.2 The hotel may require the customer to provide an appropriate security deposit, such as a credit card guarantee.

11 FINAL PROVISIONS

11.1 Any amendments or additions to the contract, the acceptance of the application, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions by the customer are invalid.

11.2 The place of performance and payment, as well as the exclusive place of jurisdiction—including for disputes involving checks and bills of exchange—in commercial transactions is Diehl’s Hotel GmbH, Rheinsteigufer 1, 56077 Koblenz-Ehrenbreitstein. If a contracting party meets the requirements of Section 38(2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the place of jurisdiction shall be Diehl’s Hotel GmbH, Rheinsteigufer 1, 56077 Koblenz-Ehrenbreitstein.

11.3 German law shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods and conflict-of-laws provisions is excluded.

11.4 Should any individual provision of these General Terms and Conditions for Events 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.