Hotel Breslauer Hof is a family-owned hotel in the direct vicinity of the famous Cologne cathedral. The Cologne train station is also in walking distance.
General Terms and Conditions of Trade
General Terms and Conditions of Trade of Hotel Breslauer Hof am Dom / Inter Hotel Service Ltd. for Hotel Accommodation Contract.
These Terms and Conditions apply to contracts for the rental use of hotel rooms for the purposes of lodging, and for all other services provided to the customer by the Hotel Breslauer Hof am Dom (hereinafter referred to as „Breslauer Hof“ or „the Hotel“).
Any use of the room other than for lodging purposes and the sub-letting or re-letting of the leased rooms requires prior consultation and written confirmation from the hotel, whereby § 540 Par. 1, Sentence 2 of the German Civil Code is waived, should the client not be the consumer.
The Customer’s terms and conditions shall only find application after prior written agreement.
II. Conclusion of the Contract, Contractor
The accommodation contract is concluded following a booking request from the customer and a booking confirmation from the hotel.
On principle, for the company all claims against the hotel shall become subject to the statute of limitations within one year starting from the beginning of the knowledge-dependent regular limitation period in accordance with § 199 Par. 1 BGB. Damage claims shall be subject to the statute of limitations, independent of knowledge, in five years. The limitation periods shall not apply to claims which are based on an intentional or grossly negligent breach of obligation.
III. Services, Prices, Payment
The Hotel Breslauer Hof am Dom undertakes to hold the rooms booked by the customer as agreed and to provide the services booked.
The customer is obliged to pay the applicable or agreed prices of the hotel for the rooms provided and for further services made use of by him. This also applies to the services and expenses obtained for the customer by the hotel from third parties.
The prices to be paid are to be found in the booking confirmation and include Value Added Tax. Should there be more than four months between the booking date and arrival date (contract conclusion and contract fulfillment) and if the rate generally charged by the hotel for such services increases, then the hotel may raise the contractually-agreed price, but not by more than 5%.
The hotel may, furthermore, adjust the prices appropriately, should the customer wish to change the number of rooms booked, the services of the hotel or the duration of stay with the agreement of the hotel.
Invoices are due for payment immediately without deduction. 30 days after the due date, payment will become overdue. The hotel is entitled to charge accrued accounts receivable at any time and to demand immediate payment. In the event of default, the hotel is entitled to demand the respectively applicable statutory default interest, currently of 8% or, in the case of legal transactions in which a consumer is involved, of 5% above the base interest rate. The hotel reserves the right to prove greater damage.
IV. Hotel rooms handover and return
The customer shall have no claim to specific rooms, unless this was confirmed to him in writing by the hotel.
The reserved rooms are available to the guest on the agreed day of arrival as of 14.00 hrs. There is no claim to earlier availability of rooms.
Should a later arrival time not have been explicitly agreed upon, the rooms reserved by the customer should be occupied on the agreed day of arrival before18.00 hrs.. The hotel reserves the right to make rooms unoccupied by 18.00 hrs. available to other guests, whereby no claims for compensation shall arise for the customer.
For unreturned keys on departure, a fee of 15 Euros will be charged.
V. Cancellation by the customer
The hotel must agree with a cancellation by the customer from the contract concluded between the customer and the hotel. If such an agreement is not reached, the price agreed in the contract must be paid, even though the customer does not make use of the contractual services.
This does not apply in the event of a breach of obligation on the part of the hotel to take into account the rights, objects of legal protection and interests of the customer, if as a result of this adhering to the contract is no longer reasonable or another legal or contractual cancellation right exists.
Should the customer be granted a written option up to a specified date, the customer may withdraw from the contract up to that date, without as a result incurring payment or damage compensation claims. This right of withdrawal shall expire if the customer does not exercise his cancellation right in writing up to the agreed date.
Should a date for cost-free cancellation be agreed upon between the hotel and the customer, the customer may withdraw from the contract up to that date, without thereby incurring payment or damage compensation obligations. Should the cancellation right not be exercised by the agreed date (only possible in writing) the right to cancel shall expire.
The hotel can demand the contractually-agreed compensation and the customer is obliged to pay 100% of the contractually-agreed price. The customer is at liberty to prove that this claim has not arisen or that it was at a lower level.
VI. Cancellation by the Hotel
Should a cost-free right to cancellation within a certain period be agreed with the customer, the hotel may in turn withdraw during this period of the contract, requests by other clients should be available for these rooms and not give the customer on demand by the hotel on his right of rescission.
Should an agreed advance payment not be made before the given date by the customer, the hotel may also withdraw from the contract.
In addition, the hotel may exceptionally withdraw from the contract in the following cases for objectively justifiable reasons:
• In the event of force majeure or circumstances that are not attributable to the hotel and make a fulfillment of the contract impossible.
• If rooms are booked under the use of false or misleading information about essential facts, for example, e.g. the identity of the customer or the purpose of the reservation.
• In the event that the hotel has justified cause to believe that the smooth business operations, the safety or public reputation of the hotel are at risk through the use of hotel services, without this being the responsibility of the control or organization of the hotel.
• If there is a breach of Clause I No. 2.
In the event of a justified cancellation on the part of the hotel, the customer shall have no claim to compensation for damages.
VII. Liability of the Hotel
The hotel is liable with the due diligence of a prudent businessman for its obligations arising from the contract. Claims of the customer for compensation for damages are excluded. Excluded from this provision are damages resulting from injury to life, body or health, if the hotel is responsible for the breach of duty, other damage which results from an intentional or grossly negligent breach of obligation of the hotel and damage resulting from a deliberate or negligent breach of typical contractual obligations of the hotel. A breach of obligation by the hotel is equivalent to that of a legal representative or vicarious agent. Should faults or defects in the service of the hotel occur, when informed or in the case of immediate objection by the customer, will arrange for a remedy. The customer is obliged to make a reasonable contribution to eliminating the disruption and to keeping any possible damage to a minimum.
For property brought into the hotel, the hotel is liable to the customer in accordance with the statutory provisions, i.e., up to one hundred times the room rate, not exceeding € 3,500.00. Money, securities and valuables can also be stored up to the maximum value in the hotel or room safe. The hotel recommends that guests make use of this facility. The liability claims expire unless the customer notifies the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). For further liability of the hotel the above Number 1 Sentences 2 to 4 apply accordingly.
Insofar as the customer is provided with a parking space in the hotel garage or on a hotel parking lot, even if a fee is paid, this does not constitute a safekeeping agreement. The hotel accepts no liability for the loss of or damage to motor vehicles and their contents, parked or manoeuvring on the hotel grounds, with the exception of wilful misconduct or gross negligence. The above No. 1, Sentences 2 to 4 shall apply accordingly. In the parking garage, the General Conditions of the respective car park apply.
Wake-up calls will be made by the hotel with due diligence.
Consignments of goods, mail and messages of guests are handled with great care. The hotel will handle the delivery, storage and, if desired, also the forwarding of such for a fee. The above No. 1, Sentences 2 to 4 shall apply accordingly.
VIII. Concluding Provisions
Amendments or supplements to the contract, the acceptance of this offer or these terms of business for hotel accommodation, must be made in writing.
Unilateral amendments and supplements by the customer are not valid.
Place of fulfilment and payment is Cologne (location of the hotel).
Exclusive jurisdiction – also for check and exchange disputes – for commercial traffic is the location of the hotel (Cologne). Insofar as a contracting party satisfies the requirements of § 38 Par. 2 ZPO (German Civil Procedure Code) and has no general jurisdiction in Germany, the courts at the location of the hotel (Cologne) shall apply.
The law of the Federal Republic of Germany applies under exclusion of the UN Sales Convention.
Should individual provisions of these General Terms and Conditions for hotel accommodation be, or become, invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions shall apply