(1) Scope of application

(1.1) These Terms and Conditions of Business apply for all hotel services, in particular the assignment of hotel rooms, conference and banquet halls, and other rooms. If a third party has placed an order on a customer’s behalf, they shall be liable to the hotel with the customer as the joint debtor.

(1.2) Customers are not permitted to sub-let or rent out rented rooms unless the hotel has provided written consent to a written request.

(1.3) Only these Terms and Conditions of Business are binding and recognised for the contract concluded; other terms and conditions of business, such as those issued by the customer, shall not be recognised.

 

(2) Conclusion of the contract, contract partner

(2.1) The contract partners are the hotel and the customer.

(2.2) The contract is concluded upon the hotel’s confirmation of the order with the customer (standard designation for the ordering party, organiser, guest, etc.).

 

(3) Prices, advance payments

(3.1) Prices are determined on the basis of the price list valid at the time the services are rendered and include the rate of value added tax valid at that time.

(3.2) If fixed prices are specified in the order confirmation and there is more than 4 months between the conclusion of the contract and the rendering of services, the hotel is fundamentally entitled to correct these prices up to the limit of the price list valid at the time the services are rendered. If the rate of value added tax is increased between the conclusion of the contract and the rendering of services, the hotel is also entitled to adjust the price retrospectively.

(3.3) Upon conclusion of the contract, the hotel is entitled to request appropriate advance payment from the customer and/or third party; this payment normally amounts to 100% of the services booked. If payment in advance is agreed and the customer fails to make this payment on time, the hotel is entitled to withdraw from the contract and claim any damages incurred as a result from the customer.

(3.4) Furthermore, at the start and for the duration of the customer’s stay, the hotel is entitled to request appropriate advance payment or a deposit within the meaning of the above Item 3.3. for current and future claims arising from the contract unless these have already been paid in accordance with the aforementioned Item 3.3.

 

(4) Payment for services

(4.1) The customer undertakes to pay the applicable or agreed prices for all services ordered from the hotel, all services rendered by the hotel and all services used during the duration of the stay. This applies particularly to services requested by the customer from the hotel and/or the hotel’s expenditure to third parties.

(4.2) The hotel’s invoices are due immediately upon rendering of the hotel or upon departure from the hotel. Furthermore, the hotel is entitled at any time to charge for claims accrued at any time and request immediate payment.

(4.3) If payment upon receipt of invoice has been agreed, the invoice amount is due upon issuing of the invoice and must be paid in full to the hotel within 10 days. Payment shall be deemed in default upon receipt of the first reminder. In the event of a payment default by the customer, the hotel shall be entitled to apply interest for late payment in the amount of 4% above the base interest rate for current accounts at the principal bank from the 10th day after the invoice was issued.

(4.4) Furthermore, a reminder fee of EUR 6.00 shall be due for each reminder issued after the 10th day from the invoice being issued.

(4.5) The customer is only able to off-set or reduce claims by the hotel against undisputed or legally valid claims.

(4.6) The customer agrees that their invoice can also be sent electronically.

 

(5) Withdrawal by the customer (cancellation)/failure to use the agreed services (no-show)

(5.1) The customer is only able to withdraw from the contract concluded with the hotel if a right to withdraw has been expressly agreed in the contract, a statutory right to withdraw applies or if the hotel expressly agrees to a cancellation of the contract.

(5.2) If the hotel and customer have agreed on a deadline for free withdrawal from the contract, the customer is able to withdraw from the contract up to this date without triggering any rights of the hotel to payment claims or claims for damages.

(5.3) If a right to withdraw has not been agreed or has already expired, if no statutory rights to withdraw from or terminate the contract apply, and if the hotel does not agree to a cancellation of the contract, the hotel reserves the right to claim the agreed remuneration even though the agreed services were not used.

(5.4) For booked services and rooms rented out under the hotel agreement, remuneration is also due if the booking is later cancelled by the customer or the customer is a no-show (Section 552 of the German Civil Code). The hotel’s saved expenditure amounts to 20% of the room price for an overnight stay with breakfast, 40% of the service price for all food and drinks ordered, and 20% of the service price for hotel package deals including entry to the park. If a minimum spend has been agreed and is not reached, the hotel shall be entitled to request up to 60% of the difference in the amounts as lost profits insofar as the customer is unable to provide evidence of the lost profits being lower than this sum or the hotel is unable to provide evidence of the lost profits being higher.

 

(6) Withdrawal by the hotel

(6.1) Insofar as it has been agreed that the customer is able to withdraw from the contract free-of-charge within a certain deadline, the hotel shall also be entitled to withdraw from the contract within this period if it has received requests for contractually booked rooms from other customers and the customer does not waive their right of withdrawal at the hotel’s request submitted with an appropriate deadline. This applies accordingly if an option is granted, other room requests have been submitted and the customer is not willing to make a fixed booking at the hotel’s request submitted with an appropriate deadline.

(6.2) In the event of a failure to pay an advance payment or deposit agreed or requested in accordance with Item 3.3 and/or Item 3.4 even after an appropriate deadline set by the hotel has elapsed, the hotel shall also be entitled to withdraw from the contract.

(6.3) Furthermore, the hotel is entitled to withdraw from the contract without notice on objectively justified grounds, in particular if

• the contract cannot be fulfilled due to an act of force majeure (fire, strike, or similar) or any other impediment to the rendering of the services either in full or in part for which the hotel is not responsible.
• The hotel reserves the right to withdraw from the contract without the customer being entitled to claim for damages.
• rooms or services are culpably booked under misleading or false information or key facts are withheld, e.g. regarding the customer or purpose; essential factors here can the identity of the customer, their ability to stay or the purpose of their stay
• the hotel has justified grounds to assume that use of the hotel services may pose a threat to the hotel’s smooth business operations, its safety and security, or its public perception. In the case of group bookings, this applies in particular to cases where only one member of the group provides grounds for such assumption.
• the purpose or reason for the stay is illegal
• there is a breach of Item 1.2 above

(6.4) A justified withdraw from the contract by the hotel does not entitle the customer to claim any damages.

 

(7) Provision, handover and return; rendering of services

(7.1) The hotel provides the rented rooms at the exact time agreed in the contract and/or at the time of the event. In the case of hotel rooms in particular, the customer is not entitled to a particular room being made available, merely a room in line with the category booked.

(7.2) Within the scope of the rendering of services, hotel rooms are not available until 3:30 p.m. on the day of arrival. The customer is not entitled to the room being made available earlier than this.

(7.3) On the agreed day of departure, the rooms must be cleared and made available to the hotel no later than 11:00 a.m. If the customer fails to meet their obligation to vacate the room by 11:00 a.m. on the day of departure, the hotel is entitled to request remuneration up to the full rate for the room for any use after this without any further prompting of the customer. If the hotel accrues any other damages due to the late evacuation of the room on the day of departure, the customer shall undertake to provide compensation for this amount. This does not provide the customer with grounds for contractual claims. They are free to provide evidence that the hotel is not entitled to any or the full rate of remuneration for use.

(7.4) If the customer fails to arrive by 6:00 p.m. on the day of arrival, they shall undertake to inform the hotel of their later arrival in good time; failure to do so will entitle the hotel to withdraw from the contract if it receives a request from another customer and allocate the room elsewhere without the customer being entitled to accommodation. The obligation to provide proof of notification in the event of a late arrival lies with the customer.

(7.5) For catering services (food & drinks) booked by the customer, the customer must inform the hotel of the number of participants no later than 2 working days before the date on which the services are to be rendered. If there are fewer participants than agreed, the customer must pay at least for the number of people agreed. If there are more participants than reported, the customer shall be billed for the actual number of participants.

(7.6) The customer undertakes to advise the hotel without delay – but no later than upon conclusion of the contract – and without prompting if the services and/or event are likely to attract public interest or have an adverse effect on the hotel’s concerns, be it due to the political, religious or other nature. Newspaper adverts, other advertising material and publications that contain references to the hotel and/or invitations to interviews or sales events, for example, require written approval from the hotel management.

(7.7) Dogs are not permitted in the hotel restaurants or in the Hotel Ling Bao or Hotel Charles Lindbergh. Certified support dogs for people with disabilities are welcomed at Hotel Matamba (following prior registration) and at all hotel restaurants. Please note that a copy of the support dog certificate will be needed.

Visitors to Hotel Charles Lindbergh must be aged 8 and up; visitors are only permitted to stay in the hotel if they have booked an experience package in advance. Hotel Charles Lindbergh is not suitable for wheelchair users.

 

(8) Liability of the hotel

(8.1) The hotel is liable for applying the due care and diligence of prudent business practice. Should any disruptions or shortcomings arise in the services rendered, the customer must issue a complaint without delay and provide the hotel with an opportunity to remedy the issue. Notwithstanding Item 6 and Sections 701 et. seqq. of the German Civil Code, the hotel shall be liable in the case of intent or gross negligence by the hotel’s legal representative or managers. The limitation period for all claims by the customer against the hotel is 6 months calculated from the end of the contract. This limitation of liability and short limitation period apply to the hotel’s benefit even if obligations are breached prior to the contract being concluded and in the case of a positive violation of contractual duty or unlawful acts.

(8.2) For items brought into the hotel, the hotel is liable to the customer in accordance with the statutory provisions. The hotel recommends using the hotel or room safe.

(8.3) Insofar as the customer is provided with a parking space in the hotel garage or car park – including for a fee – this does not constitute a contract of safe custody. The hotel is not obligated to monitor the space. In the event of the disappearance of or damage to vehicles parked or moved on hotel property and their contents, the hotel shall only be liable in accordance with the above Item 8. Sentences 1 to 3. The hotel shall only be liable for direct damage to the vehicle caused by a defect in the space that already existed when the parking space was assigned. Any damage of this type must be claimed without delay but no later than departure from the hotel property.

(8.4) The hotel attempts to perform wake-up services with the due care and diligence of prudent business practice. Any messages, letters or goods sent to the customers shall also be handled with this level of care.

(8.5) The hotel stores any items left behind by the customer for a period of 6 months. After this period, these items shall become the property of the hotel. They are returned to the customer only at their request and at their own risk and cost. Any liability of the hotel arising from Items 8.1–8.4 shall be excluded.

 

(9) Final provisions

(9.1) The place of performance and payment for both parties is the location of the hotel. For commercial matters, including disputes concerning bills of exchange and cheques, the place of jurisdiction is the location of the hotel.

(9.2) German law applies.

(9.3) Any agreements deviating from these terms and conditions and any ancillary agreements must be concluded in writing. Should any individual provisions in the contract – including these Terms and Conditions of Business – be or become ineffective, this shall not affect the effectiveness of the remaining provisions. The parties shall replace without delay the ineffective provisions with effective provisions that best reflect the purpose of the ineffective provisions.