Terms

General Terms and Conditions of Business

1. SCOPE OF APPLICATION

1. 1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts between Evangelische Behindertenhilfe Dresden & Umland gGmbH, Goetheallee 53a, 01309 Dresden as operator of the Hotel am Schwanenhaus, Holzhofgasse 8/10, 01099 Dresden [BGR1] (hereinafter referred to as "Hotel") and guests or customers (hereinafter referred to as "Guest" or "Customer") regarding the rental of hotel rooms for accommodation and all other services and deliveries provided by the Hotel for the Guest in this context (Hotel Accommodation Contract [BGR2] [BGR3]).

[BGR1]Irrespective of the question of whether the requirements for a branch office within the meaning of Section 13 of the German Commercial Code (HGB) are met with regard to the hotel operation (in terms of personnel, a manager with the authority to act independently in not insignificant matters would be a prerequisite), Evangelische Behindertenhilfe Dresden & Umland gGmbH as the owner of the hotel operation is the contractual partner of the hotel accommodation contract.

[BGR2]The GTC shall only become part of the hotel accommodation contract if they have been effectively included. Section 305 (2) of the German Civil Code (BGB) applies to the inclusion of (private) customers who are not entrepreneurs, i.e. who are not acting in the exercise of their commercial or independent professional activity when concluding the contract. Accordingly, a clear reference to the validity of the GTC at the time of conclusion of the contract, the reasonable possibility of knowledge and the consent of the other contracting party to the validity of the GTC are required for the effective inclusion of the GTC. In the case of contracts concluded via the Internet, this requires both the possibility to download the GTC and to print them out. The inclusion of the GTC can take place via a box to be clicked by the customer when booking (overwritten e.g. with "Accept" of the GTC) if the text of the GTC can be accessed by the customer via a hyperlink or similar. It must be ensured that a booking is not possible without accepting the GTC or clicking on the corresponding box. The customer's consent to the inclusion of the GTC (i.e. clicking on the checkbox) must be recorded, as the user of the GTC is obliged to present and prove their effective inclusion in the contract. In the case of business customers, a reference to the validity of the GTC and their availability on the Internet by providing a corresponding hyperlink or similar is sufficient. For the sake of simplicity, however, it will also be advisable to use the infrastructure created for bookings with private customers for bookings via the Internet and to provide a standardized booking procedure (see above).

[BGR3]In this respect, it would be better to speak of a "hotel accommodation contract". This is a so-called "mixed-type" contract with predominantly rental law, but also service, work and sales contract elements. Case law usually assesses such contracts uniformly according to rental contract law, unless in individual cases the provision of space for a fee is noticeably secondary due to the type and number of any ancillary services.

1.2 These GTC shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and insofar as we have expressly agreed to their validity. This requirement of consent shall apply in any case, for example even if the guest refers to their GTC when concluding the contract and in particular in their booking and we do not expressly object to this[BGR1] .

[BGR1]We have reworded the clause in the sense of a comprehensive "defense clause". Such a defense clause can only be used to enforce our own GTC to a limited extent. In particular, it does not replace the effective inclusion of one's own GTC in the contract. A defense clause therefore primarily comes into effect in cases in which the customer refers to the validity of its own GTC, but these do not contain a defense clause.

2. CONCLUSION OF CONTRACT, CONTRACT PARTNERS, STATUTE OF LIMITATIONS

2.1 The contractual partners of the hotel accommodation contract are the guest and the Hotel am Schwanenhaus or the operating company (the Evangelische Behindertenhilfe Dresden & Umland gGmbH, Goetheallee 53a, in 01309 Dresden as the operating company of the Hotel am Schwanenhaus, Holzhofgasse 8/10, 01099 Dresden).

2.2 The hotel accommodation contract is concluded when the hotel accepts the guest's offer to conclude a corresponding contract based on the guest's booking or reservation request. The hotel is free to confirm the room booking in text form (by e-mail or similar)[BGR1] .

[BGR1]The conclusion of the contract requires two concurring declarations of intent (offer and acceptance), which can be made in writing or text form as well as (remotely) verbally. For the purpose of preserving evidence, it is imperative that the conclusion of the contract is documented and that the declarations are made in writing or text form (e-mail or similar).

2.3 All claims against the hotel due to defects in the contractual services are generally subject to a limitation period of one year from the start of the statutory limitation period[BGR1] . This does not apply to claims for damages and other claims, insofar as the latter are based on an intentional or grossly negligent breach of duty by the hotel in cases in which the hotel is liable in accordance with Section 8 of these GTC.

[BGR1]A corresponding shortening within the framework of the GTC is also possible towards consumers in accordance with § 309 No. 8 lit. b) ff). The pure hotel accommodation contract is essentially a rental contract, so that the restrictions applicable with regard to the limitation of warranty claims under travel law pursuant to Sections 651j and 651y BGB (mandatory limitation period of two years) do not apply. This could be assessed differently if the hotel accommodation is combined with elements of the travel contract. However, we assume that (at least currently) there is no intention to offer hotel bookings in combination with independently organized package tours or similar.

3. SERVICES, PRICES, PAYMENT, OFFSETTING

3.1 The hotel is obliged to keep the rooms booked by the guest available and to provide the agreed services.

The subletting or re-letting 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.

3.2 The customer is obliged to pay the hotel's agreed or applicable prices for the provision of rooms and other services used by the customer. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel.

3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. They do not include local taxes which are owed by the guest himself according to the respective municipal law, such as the accommodation tax. In the event of a change in the statutory value added tax or the introduction, change or abolition of local taxes on the subject matter of the service after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion and fulfillment of the contract exceeds four months.

3.4 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel's services or the length of the customer's stay requested by the customer dependent on the price for the rooms and/or for the hotel's other services being increased.

3.5 Hotel invoices are to be paid without deduction on the agreed due date[BGR1] . In the absence of an express agreement on the due date, invoices of the hotel are due immediately and payable without deduction within 14 days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. In the event of [BGR2] default of payment by the customer, the statutory provisions shall apply. The hotel reserves the right to provide evidence of higher damages.

[BGR1]Separate agreements on the due date shall take precedence as individual agreements. A regulation within the framework of the GTC is required for those cases in which there is no such express agreement. In this respect, we have provided for an immediate due date combined with a 14-day payment period.

[BGR2]This is a matter of course that does not require separate mention.

3.6 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, 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. If the customer is in default of payment, the statutory provisions shall apply.

3.7 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is subsequently extended, the hotel is entitled, even after conclusion of the contract up to the start of the stay, to demand an advance payment or security deposit within the meaning of clause 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.8 Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of the above Section 3.6 for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with the above Section 3.6 and/or Section 3.7.

3.9 The customer may only offset an undisputed or legally established claim against a claim of the hotel or assert a right of retention[BGR1] .

[BGR1]We have also extended the clause to cases in which a right of retention is to be asserted. In this respect, the same restrictions now apply as in the case of offsetting.

4. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, RESCISSION) / 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, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of rescission as well as any consent to the rescission of the contract shall be made in writing or text form[BGR1] .

[This does not exclude verbal agreements ("... shall ..."), which would also not be possible due to the precedence of the individual agreement within the framework of the GTC.

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 up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.

4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if the hotel does not agree to the cancellation of the contract, the hotel shall retain the claim to the agreed remuneration less the expenses saved despite non-utilization of the service. The hotel shall charge at least 90% of the contractually agreed price for overnight accommodation with or without breakfast and at least 80% of the contractually agreed price for overnight accommodation with breakfast (flat-rate cancellation fee[BGR1] ). The customer is entitled to prove that the claim to a flat-rate cancellation fee does not exist or does not exist in the required amount[BGR2] .

[BGR1]Flat-rate cancellation fees are to be calculated on the basis of the contractually owed consideration less the hotel's own saved expenses. The expenses saved are likely to be higher for an overnight stay with breakfast than for an overnight stay without breakfast, so that we consider a differentiation to be necessary in this respect. If necessary, the clause should be supplemented by additional circumstances (half and full board).

[BGR2]On the basis of Section 309(5)(b), the customer, if he is a consumer, must be expressly given the opportunity to provide evidence of lower damages and therefore a lower flat-rate cancellation fee. In the case of business customers, it is sufficient if proof is not expressly excluded. For the sake of simplicity, we have left it at a uniform regulation (explicit opening of proof to the contrary).

5. WITHDRAWAL OF THE HOTEL

5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel with a reasonable grace period.

5.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.6 and/or Clause 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for objectively justified reasons, in particular if

  • Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract.
  • rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the customer, the ability to pay or the purpose of the stay.
  • the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth running 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.
  • here is a breach of the above-mentioned clause 1.23.1 subparagraph 2 (unauthorized subletting or re-letting of the rooms provided).

5.4 The justified withdrawal of the hotel does not entitle the customer to claim damages.

6. ROOM PROVISION, HANDOVER AND RETURN

6.1 The customer is not entitled to the provision of specific rooms, only the room category specified in the contract.

6.2 Booked rooms are available to the customer from 14:00 on the agreed day of arrival. The customer is not entitled to earlier availability. Earlier arrival is possible by prior arrangement in writing[BGR1] .

[BGR1]We would like to point out that due to the priority of the individual agreement, deviating agreements in verbal or text form cannot be excluded with legal certainty. The promise of an earlier arrival would therefore also be legally effective by telephone or e-mail, whereby the customer would be obliged to present and prove this, which is likely to be difficult for him, at least in the case of an agreement made only by telephone.

6.3 On the agreed departure date, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for late vacating of the room until 5:00 p.m., and 100% from 5:00 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is free to prove that the hotel has no or a significantly lower claim to compensation for use or damage[BGR1] .

[BGR1]In this respect, the factual and legal situation is comparable to the case of cancellation fees (Clause 4.3). The claim to compensation for use in the event of late return follows from § 546a BGB. With regard to the amount provided for in Clause 6.3, we are not aware of any court rulings that would render the percentages there invalid. In view of this, we recommend that you leave it at this for the time being.

7. EVENTS

7.1 Booked event rooms are available to the guest exclusively for the agreed period and the agreed purpose. Any use of the function rooms beyond the agreed period requires the express consent of the hotel management.

7.2 The agreed price is due and payable upon provision of the service, but at the latest upon the guest's departure. The hotel is entitled to demand a reasonable advance payment or security deposit from the guest in accordance with sections 3.6, 3.7 and 3.8.

7.3 For events, the withdrawal and cancellation rules set out in Section 4 apply.

7.4 Food and beverages may only be brought into the hotel with the express permission of the hotel management [BGR1]. The hotel is entitled to charge an expense allowance for this.

[BGR1]Is the associated restriction of the authority to issue corresponding declarations for the hotel to its management (de facto the management of Evangelische Behindertenhilfe Dresden & Umland gGmbH) really desired? If employees of the hotel are also authorized to make such declarations, the wording could be changed to "... of the hotel ...".

7.5 Decorations or other objects may not be affixed without the express consent of the hotel. The Guest shall be liable to the Hotel for any damage to the Hotel's furnishings or inventory caused during set-up and dismantling or during the event, including by participants.

8. LIABILITY OF THE HOTEL

8.1 The hotel is liable for damages for which it is responsible arising from injury to life, limb or health.

Furthermore, the hotel shall be liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel in accordance with the statutory provisions.

In all other cases, the hotel shall only be liable in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely (so-called cardinal or typical contractual obligation), limited to compensation for the foreseeable and typical damage[BGR1] . or based on an intentional or negligent breach of typical contractual obligations of the hotel.

BGR1]Liability in the event of a merely negligent breach of typical contractual obligations may be limited to foreseeable and typical damage within the framework of the GTC. We have supplemented this.

A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel.

Further claims for damages are excluded, unless otherwise regulated in this clause 8.

Should disruptions or defects occur in the hotel's services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.

8.2 The hotel is liable to the customer for items brought into the hotel 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 storage agreement with the hotel.

8.3 Wake-up calls are carried out by the hotel with the utmost care between 06:00-22:00. Messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and - on request - forward them for a fee. The hotel shall only be liable in this respect in accordance with Section 8.1 above.

9 MISCELLANEOUS

9.1 Animals may only be brought along after prior notification. The hotel is entitled to charge a separately agreed price for this.

9.2 The Hotel am Schwanenhaus is a non-smoking establishment. This applies in particular to the hotel rooms, but also to all other areas of the hotel, including the entrance area and stairwells. Damage caused by unauthorized smoking in the rooms, their cleaning, as well as the costs for fire department operations due to the alarming of the fire and smoke detectors in the hotel shall be borne by the guest. If the hotel discovers that the guest has smoked in their room even after their departure, we will charge a flat rate of € 150 per room for the necessary cleaning of curtains, bedspreads, blankets and pillows. The customer has the right to prove that no damage was incurred or that the damage was not as high as claimed.

9.3 Events with music must be reported by the guest to GEMA in advance. The fees shall be borne by the guest.

10. FINAL PROVISIONS

10.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral amendments or additions by the customer are invalid.

10.2 The place of fulfillment and jurisdiction for all disputes arising from or in connection with the contractual relationship between the hotel and the guest is the city of Dresden, provided that the guest is a merchant, a legal entity under public law or a special fund under public law[BGR1] . Otherwise, the statutory provisions shall apply.

[BGR1]Agreements on the place of performance and place of jurisdiction are only possible with merchants etc. (see § 38 ZPO). However, the legal provisions in Section 29a ZPO already stipulate Dresden as the place of jurisdiction.

10.3 The law of the Federal Republic of Germany shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

10.4 Should individual provisions 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.

Status: November 2023

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