General terms and conditionsSol Meliá Deutschland GmbH
Am Schimmersfeld 5
D - 40880 Ratingen
T. +49 / (0) 2102 / 93 92 - 0
F. +49 / (0) 2102 / 93 92 - 115
GENERAL TERMS AND CONDITIONS
for the hotel accommodation contract of Sol Meliá Deutschland GmbH
1. These Terms and Conditions apply to hotel accommodation contracts and to any hotel services or deliveries rendered to the guest provided that no differing agreements have been made in separate contracts.
2. Differing agreements, also those included in the General Terms and Conditions of the guest or purchaser, are not valid unless they are expressly acknowledged by the hotel in writing.
II. Conclusion of contract
1. The booking request of a guest and the following booking confirmation of the hotel conclude a hotel accommodation contract (hereafter called "contract").
2. Contract partners are the hotel and the guest. If a third party requests booking for a guest this purchaser and the guest shall be jointly liable to the hotel for all obligations arising from the contract if an according statement by the purchaser is available to the hotel. Regardless of this each purchaser is obligated to forward all information relevant to the booking, especially these Terms and Conditions, to the guest.
III. Services, prices, payments
1. The hotel is obliged to provide the rooms booked by the guest according to these General Terms and Conditions and the services agreed upon.
2. The guest is obliged to pay for room lease and further services according to the existing and agreed hotel rates. This is also valid for services and expenses of the hotel to third parties requested by the guest or purchaser.
3. All agreed prices include the current statutory value-added tax. Should the time period between conclusion and fulfilment of contract exceed four months and should the rates charged for such services or the statutory value-added tax rate increase, the hotel is entitled to raise the contractual rates accordingly, but not by more than 10%.
4. The hotel is also entitled to change its rates if the guest subsequently requests changes of the number of rooms booked, of the hotel services, or of the length of the guests' stay upon consent of the hotel.
5. Invoices of the hotel are payable immediately upon receipt and without any deductions. The guest's payment is delayed if it is not made within 14 days upon receipt of invoice and maturity. This is true for a guest who is consumer only if he has been properly informed about the consequences of such a delay in the invoice. Late payments entitle the hotel to charge statutory default interest. The hotel expressly reserves the right to enforce claims for higher damages.
6. The hotel is entitled to charge an advance payment or a security fee upon or after conclusion of the contract. The amount of this advance payment and its maturity may be agreed upon in the contract. The hotel is also entitled to call in accrued amounts owed and to require immediate payment by presenting an interim invoice.
7. The guest may set off only those claims that are undisputed or against which no legal recourse is possible.
IV. Guest's right of withdrawal, cancellation
1. The hotel grants the guest the right of withdrawal at any time. The following rules apply:
a) In case of a guest's withdrawal from the booking the hotel is entitled to demand adequate compensation.
b) The hotel is entitled to claim a withdrawal lump sum instead of a specifically defined compensation from the guest. The withdrawal compensation rate amounts to 90% of the contractually agreed rate for accommodation with or without breakfast, 70% of the contractually agreed rate for accommodation with half board and 60% of the contractually agreed rate for accommodation with full board arrangements. The guest is free to provide evidence that the hotel has suffered no or lower damages than those claimed by the withdrawal compensation rate.
c) Should the hotel calculate compensation specifically, the amount of compensation equals, as a maximum, the amount of the contractually agreed rate for the hotel services in question, deducted by the amount of expenses saved and by the amount earned by the hotel through any other use of the hotel services.
2. The aforementioned regulations regarding compensation are valid accordingly should the guest not use the booked room or the booked services without timely notice.
3. Should the hotel have granted the guest a right to withdraw from the contract within a specific period of time without further legal consequences, the hotel has no right to claim compensation from the guest if the latter carries out his right in due time. The hotel's receipt of the withdrawal notice is significant for its timeliness. The guest needs to state his withdrawal in written form.
V. Withdrawal of hotel
1. Should the hotel have granted the guest a free right to withdraw from the contract according to clause IV paragraph 3, the hotel is also entitled to withdraw from the contract within the agreed time if other guest requests do exist and if the guest in question does not confirm his booking upon further inquiries of the hotel.
2. Should an advance payment or a security fee agreed according to Clause III paragraph 6 not be paid within a respite, the hotel is also entitled to a withdrawal from the contract.
3. The hotel is also entitled to terminate the contract for cause, especially if
- an act of God or other circumstances beyond the hotel's control make a fulfillment of the contract impossible;
- rooms are booked under misleading or faulty statements regarding important facts, e.g. concerning the guest himself or the purpose of the booking;
- the hotel has reason to believe that use of the hotel services could harm or hinder smooth operations or security or the public reputation of the hotel without this being within the territory or organizational scope of the hotel;- an unauthorized sub-lease according to clause II paragraph 3 exists;
- there is a case of clause VI paragraph 3;
- it is brought to the hotel's attention that the guest's financial circumstances have deteriorated after the contract conclusion, especially if mentioned guest does not pay for the hotel's claims or offers no sufficient security fees and therefore endangers the fulfillment of any payment claims by the hotel;
- the guest has made an application for insolvency proceedings to be opened, has made a declaration in lieu of an oath according to § 807 Code of Civil Procedure, has initiated out-of-court proceedings to settle debts, or has suspended payments;
- a guest's insolvency proceedings have been instituted and/or opened, or the opening of such have been rejected for insufficiency of assets or other reasons.
4. The hotel shall inform the guest about its exercising the right of withdrawal immediately and in written form.
5. The guest has no right to claim any type of compensation for any case of withdrawal through the hotel.
VI. Arrival and departure
1. The guest has no right to claim certain rooms unless this has been confirmed by the hotel in written form.
2. Booked rooms are available to the guest from 3pm of the agreed arrival day. The guest has no right to earlier provision. Should the agreed room(s) not be available the hotel is obliged to find adequate substitutes in the hotel or in other objects.
3. Guests are to move into booked rooms by 6pm of the agreed arrival day. The hotel is entitled to provide the booked room to other guests after 6pm unless it was specifically agreed otherwise, without the guest's right to claim for compensation. Thus the hotel has a right to withdraw.
4. On the agreed departure day the cleared room is to be provided to the hotel by 12 o'clock noon. If this time is exceeded the hotel is entitled to charge the daily rate for the additional use of the room until 6pm, and from 6pm on, to charge 100% of the current accommodation rate, in addition to charges for any damages caused. The guest is free to provide evidence that the hotel has suffered no or lower damages than those claimed.
VII. Liability of hotel, restrictions
1. Should there be any disorders or defects regarding hotel services, the hotel will try to provide a remedy following the customer's immediate complaint. Should the guest refrain from a complaint he has no right to claim reduction of the contractually agreed rate.
2. The hotel is liable for any damages or injuries of life, body, or health according to legal requirements.
3. The hotel is liable for negligent damages only if these are caused by the violation of a significant contractual obligation or of a cardinal obligation in a manner which endangers the contractual purpose. In these cases liability is limited to predictable and immediate damages. The hotel's liability for subsequent or indirect damages is excluded.
4. For any other damages the hotel's liability for each individual claim and all claims from and in connection with the contractual services is limited to a maximum of 125.000 Euros for personal damages and 5.000 Euros for property damages and financial losses. Restrictions and exclusions of liability are not valid if other damages are caused by intentional or grossly negligent breach of duty of the hotel, its legal representatives, or executives.
5. The above restrictions of liability are valid for all claims, regardless of their legal grounds, including claims resulting from unlawful acts. The above restrictions of liability are also valid in cases of claims of a guest against staff members or agents of the hotel. They are not valid in cases of liability for a defect following a warranty assumption for the condition of a thing or work, in cases of fraudulent concealment of a fault, or of personal damages.
6. For property brought to the hotel the hotel is liable to the guest according to legal regulations, i.e. up to a hundred times the accommodation rate, but with a maximum of 3.500,00 Euros. For valuables (cash, jewellery, etc.) this liability is limited to 800.00 Euros. Cash and valuables deposited in the hotel safe are covered by insurance, up to a maximum amount of 25,000.00 Euros. The hotel recommendation is to make use of this opportunity. All claims expire should the guest refrain to give hotel notice of any loss, destruction, or damage immediately after having gained knowledge of it.
7. To the extent that the guest has been given a parking place in the hotel garage or on the hotel parking lot, even in return for a fee, no custody agreement shall thereby come into effect. The hotel has no general obligation to monitor. The hotel assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel's property, nor the contents thereof, excepting cases of intent or gross negligence by the hotel, its legal representatives, or its agents. In this case any damages need to be claimed to the hotel not later than upon leaving the hotel's property.
8. Wake-up calls are executed by the hotel staff with extreme care. Claims resulting from omission are excluded, excepting gross negligence or intent.
9. News, mail or shipments of guests are handled with care. The hotel organizes delivery, storage, and - upon request - against a fee, the forwarding of those and also - upon request - of lost property. Claims resulting from omission are excluded, excepting gross negligence or intent. The hotel commits itself to a storage period of 6 months. After this period, all objects will be handed over to the local lost-and-found, an apparent value provided.
10. The hotel is not liable for the use and possible subsequent damages of the hotel networks (e.g. W-LAN und DSL) via a guest terminal, even against a fee. Data transfers between networks and the guest's terminal are unencrypted so data might be accessible to third parties. The guest is responsible for all contents he retrieves from the networks, uploads or spreads in any way possible, towards the hotel and third parties. The hotel does not monitor any contents.
11. In certain cases and within the scope of its services the hotel can arrange for free transport of people and luggage. The hotel's liability for loss, delay, or damage is excluded.
12. There is an appropriate surcharge for external services brokered by the hotel. There is no liability of the hotel for any type of external services.
13. Compensation claims of the guest become time-barred no later than two years from the moment in which the guest gained knowledge of the damage and without this knowledge, no later than 3 years from the moment of the damaging event. This is not true for liabilities arising from the damage of life, body, or health or other damages arising from an intent and grossly negligent breach of obligation of the hotel, its legal representatives, or agent of the hotel.
VIII. Final provisions
1. Amendments or supplements to the contract, the acceptance proposal or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or supplements by the customer are ineffective.
2. Claims and rights taken from agreements made with the hotel may only be transferred to third parties upon prior consent of the hotel.
3. Any use of the hotel's name in connection with advertising measures of the contract partner requires the hotel's prior consent.
4. Place of performance and payment is the residence of the hotel.
5. The sole court of jurisdiction including disputes regarding cheques and exchange for commercial transactions is the registered residence of the hotel or, depending on choice of hotel, Düsseldorf. Should the contract partner not have a general, domestic place of jurisdiction, this will be the residence of the hotel. The hotel is entitled to bring complaints and other legal actions before the Court of the guest's general place of jurisdiction.
6. The law of the Federal Republic of Germany applies exclusively.
7. In the event of individual provisions of these General Terms and Conditions for hotel accommodation being or becoming ineffective, this shall not affect the validity of the contract as a whole. In addition, the existing legal provisions- apply.
Stand July 2011
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