General Terms & Conditions
These terms and conditions apply to hotel room rental contracts concluded with ParkHotel Fulda for the purpose of accommodation as well as the provision of all other goods and services by the hotel.
Subleasing or any kind of transfer of use of the rented rooms to third parties, or use for any purposes other than accommodation, is prohibited without the express written consent of the hotel, whereupon § 540, section 1, clause 2 of the BGB (German Civil Code) shall be waived insofar as the customer is not the user.
Customer's terms and conditions shall only be applicable if they have been the subject of an express prior written agreement.
These terms and conditions apply to agreements/contracts concerning the rental of hotel rooms of ParkHotel Fulda for the purpose of accommodation as well as for all goods and services provided by the hotel.
II. Contract conclusion, contracting parties, liability
The contract takes effect upon the hotel's acceptance of the customers request. The hotel is at liberty to choose whether to confirm reservations in writing. The hotel and the customer are contracting parties. In the event a third party places a room reservation order on behalf of a customer (as a guest), he shall be held jointly liable towards the hotel together with the customer as debtor for all obligations resulting from the hotel reservation agreement, provided the hotel has a corresponding third party declaration to that effect. All claims asserted vis-á-vis the hotel expire one year upon commencement of the standard period of limitation subject to knowledge of the claim concerned and of the circumstances involved as constituted under § 199 of the German Civil Code (BGB), compensation claims not subject to knowledge lapse after five years time. A reduction of the statute of limitation period shall not apply to claims based on intentional or gross negligent breach of duty by the hotel.
III. Services, rates, payment, offsetting
The hotel shall be bound to hold the reserved rooms and furnish the agreed services. The customer is obligated to pay the current or agreed hotel room fees and rates for ancillary services. The same applies to ancillary customer services and to hotel expenses incurred on behalf of a third party. The agreed prices include the respective staturory value added tax. In the event the time period between contract conclusion and contract performance should exceed four months time and the calculated hotel price for such services have meanwhile increased , the contractually agreed price may be adjusted accordingly, but shall be limited to a maximum increase of 5%. In the event the hotel agrees to a customer's request for subsequent changes to the amount of booked rooms, the hotel's services or the length of stay, the hotel reserves the right to adjust prices accordingly. Hotel invoices without a due date are payable without deduction within 10 days from receipt of the invoice. The hotel is entitled to declare cumulative unpaid bills as due and demand their immediate payment without delay. In the event of late payment, the hotel reserves the right to an interest rate increase of 8% or, a raise of 6% above bank interest rates for consumer invoice transactions. The hotel reserves the right to furnish proof of higher damages. The hotel is entitled to require a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions regarding package tours. Advance payment amounts and payment deadlines can be stipulated within the written contract. The customer may only net receivables and invoke a right to withhold payment toward hotel receivables which are undisputed or valid by law.
IV. A withdrawal by the customer from the contract (cancellation, rescission, hotel services not used, no-show)
A withdrawal by the customer from contract concluded with the hotel requires the hotel's prior written consent. Without the hotel's consent, the customer is obligated to pay the contractually agreed price even if the customer does not use the agreed services. This does not apply in the event the hotel fails in its obligation to consider the customer's rights, legal assets or interests, in the event the customer can no longer be reasonably expected to fulfill the contract, or if [the customer] is entitled to cancel the contract on some other legal or contractual grounds. Given, the hotel and the customer agreed upon a date for rescinding the contract in writing, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customers cancellation right shall expire once he does not exercise his right to withdraw from the contract in writing to the hotel by the agreed date, provided cancellation entitlement grounds pursuant to clause IV paragraph 1 sentence 3 do not take effect. For rooms not used by the customer, the hotel is required to charge the standard room rate, less expenditures saved when rooms remain unoccupied.. The hotel is permitted to request payment of the contractually agreed remuneration, less a fixed deduction reflecting the expenditures saved by the hotel. For such a case, the customer is obligated to pay at least 90% of the contractually agreed price for accommodation with or without breakfast, 70% for half board and 60% for full board. The customer is at liberty to provide evidence showing the aforementioned claim did not arise or that damages did not arise to the extent claimed.
V. Hotel withdrawal of contract
Provided, a mutual contract rescission date for a cost-free cancellation was agreed upon in writing, the hotel is entitled in turn 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 rescission thereof upon hotel inquiry. In the event a customer fails to pay an agreed advance payment pursuant to clause III. number 6, the hotel is likewise entitled to withdraw from the contract. Furthermore, the hotel is entitled to withdraw from the contract for a materially justified reason, for example,
- if force majeure or other circumstances for which the hotel is not responsible, make fulfillment of the contract impossible.
- Rooms are booked under misleading or false information regarding essential facts such as the customer's personal data or intentions.
- In the event the hotel has a justified reason for assuming that the customers use of the hotel's services may jeopardize the smooth operation, the safety or the public reputation of the hotel, without this being attributable to the hotel's organization department.
In the event of justified rescission by the hotel the customer is not entitled to compensation.
VI. Room reservations, check-in and check-out
The customer does not acquire the right to be allocated specific rooms. Booked rooms are available to the customer from 2:00 p.m. on the agreed day of arrival. The customer is not entitled to an earlier room availability time. On the agreed date of departure, the rooms must be vacated and made available to the hotel by no later than 11:00 a.m.. Failure to vacate the room on time entitles the hotel to charge 50% of the full accommodation rate (according to the current daily price list) due to delayed departure by 6 pm, and at 100% from 6:00 p.m. onwards.. Any contractual claims made by the customer shall not be justified on these grounds. The customer shall be entitled to substantiate that the hotel has incurred no or only minor loss.
VII. Hotel Liability
The hotel is liable with the due diligence of a prudent merchant for its obligations within the contract. The right of the customer to compensation claims for reimbursement of damages are excluded. Exceptions from this are damages resulting from injury to life, limb or health insofar as the hotel is responsible for the breach of contract and other damages resulting from intentional or grossly negligent violation of contract committed by the hotel. A hotel breach of obligation is equal to that of a legal representative or vicarious agent. In the event disruptions or flaws of provided hotel services arise, the hotel shall implement every effort to promptly remedy the situation as soon as they become known. The customer is obligated to contribute within reasonable means to remedy the disturbance and to minimize possible damage. The hotel's liability for personal items brought in the hotel by the customer shall be limited to the hundredfold room price, but not more than € 3,500.00 and liability of the hotel with regard to cash, securities and valuables is limited to € 800.00. Cash, securities and valuables up to a maximum value of € 7,500.00 may be kept in the hotel safe or room safe. The hotel recommends using this option. Principal claims expire if the customer does not immediately report losses upon gaining knowledge of loss, destruction or damage in accordance with § 703 BGB (German civil code). For an extended liability of the hotel, section 1 paragraph 2 to 4 accordingly, shall apply. To such an extent a customer is provided a parking space in the hotel garage or lot, even for a fee, does not constitute or result a contract of liability In the event of loss or damage of vehicles and their contents parked on hotel grounds, the hotel is not liable, except in cases of wilful intent or gross negligence. The same applies to vicarious hotel agents. The preceding number 1 sentence 2 to 4 applies accordingly. Wake-up calls are performed with utmost care by the hotel. Messages, mail and merchandise for guests are treated with care. The hotel will carry out the delivery, storage and, upon request, the forwarding of the same. The preceding number 1 sentence 2 to 4 applies accordingly.
VIII. Final Provisions
Any modifications or amendments to the contract, the booking request or these hotel room reservation terms and conditions require the written form. Unilateral modifications or amendments by the guest are invalid. The place of fulfillment and the place of payment is the registered office of the hotel. Exclusive place of jurisdiction is Fulda, Germany. Should any of the provisions of these general terms and conditions for hotel accommodation be or becomd invalid or void, such shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions prevail.