General Terms and Conditions

I. Scope of application

1. these terms and conditions apply to contracts for the rental use of
hotel rooms by Hotel Brenner for accommodation and for all other services provided by Hotel Brenner for the customer in this context
(hotel accommodation contract).   

2. The subletting or re-letting of the rooms provided, the use of the hotel rooms provided
for purposes other than accommodation, public invitations
or other advertising measures for job interviews, sales and similar
events and the use of hotel space outside the rented rooms for
the aforementioned events require the prior express consent of
Hotel Brenner and may be made dependent on the payment of additional remuneration
. § Section 540 (1) sentence 2 BGB does not apply if the customer
is not a consumer. 3. the customer's terms and conditions shall only apply if this has been expressly agreed in advance
.

II Conclusion of contract; duty to inform
1. The contract is concluded when Hotel Brenner accepts the customer's application.
Hotel Brenner is free to confirm the room booking in text form.
2. The customer is obliged to inform Hotel Brenner without being requested to do so at the latest upon conclusion of the contract
if the use of the hotel service is likely
to jeopardize the smooth running of the business, the safety or the reputation of Hotel Brenner in
the public.

III. services, prices, payment, offsetting
1. The customer is obliged to pay the agreed or applicable prices of Hotel Brenner for the room rental and the other services used by him
to
. This also applies to services commissioned by the customer directly or via Hotel Brenner
from third parties, the remuneration for which is paid by Hotel Brenner.
2. The agreed prices include the taxes and local duties applicable at the time of conclusion of the contract
. Not included are local taxes,
which are owed by the guest according to the respective municipal law. In the event of a change in the statutory
value added tax or the introduction, amendment or abolition of local taxes on the
service after conclusion of the contract, the prices will be adjusted accordingly.
In the case of contracts with consumers, this only applies if the period between conclusion of the contract
and fulfillment of the contract exceeds four months.
3Hotel Brenner may make its consent to a subsequent
reduction in the number of rooms booked, the hotel's services or the customer's
length of stay requested by the customer dependent on the price for the rooms
and/or for the hotel's other services being increased appropriately.Hotel Brenner
4. If payment on account has been agreed, payment must be made within 14 days of receipt of the invoice without deduction, unless otherwise agreed
.
5. For each reminder after default, the customer must reimburse reminder costs of € 5 to
Hotel Brenner. The customer is free to prove that no or only significantly lower
costs were incurred. In the case of customers who are not consumers,
Hotel Brenner may instead also assert the claim under § 288 para. 5 BGB
.
6. Hotel Brenner is entitled to demand a reasonable
advance payment or security deposit, for example in the form of a credit card guarantee,
from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can 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.
7. In justified cases, for example if the customer is in arrears with payment or if the scope of the
contract is extended, Hotel Brenner is entitled to demand an advance payment or security deposit within the meaning of the above
No. 6 or an increase in the advance payment or security deposit agreed in the contract
up to the full agreed remuneration, even after conclusion of the contract up to
at the beginning of the stay.
8.Hotel Brenner is also entitled to demand a reasonable advance payment or security deposit within the meaning of the above
No. 6 from the customer at the beginning and during the stay
, insofar as such has not already been made in accordance with the above numbers
6 and/or 7.
9. The customer may only offset or set off an undisputed or legally binding claim against a claim by Hotel Brenner
.

IV. Withdrawal of the customer / non-utilization of the services of Hotel Brenner
1. The customer may only withdraw from the contract concluded with Hotel Brenner
if a right of withdrawal has been expressly agreed in the contract, if there is a statutory right of withdrawal
or if Hotel Brenner expressly agrees to the cancellation of the contract
. The agreement of a right of withdrawal and any
consent to the cancellation of the contract must be made in text form.
2. If a date for the free exercise of the right of withdrawal has been agreed, the
customer may withdraw from the contract up to that date without incurring payment or compensation claims
from Hotel Brenner. The customer's right of withdrawal expires if
he does not exercise it in text form to Hotel Brenner by the agreed date
.
3. If a right of withdrawal has not been agreed or has already expired, there is also no statutory
right of withdrawal, and if Hotel Brenner does not agree to a cancellation of the contract
, Hotel Brenner retains the right to the agreed remuneration
despite non-utilization of the service. Hotel Brenner must offset the income
from renting the rooms to other parties and the expenses saved.
If the rooms are not rented to other parties, Hotel Brenner
may demand the contractually agreed remuneration and make a flat-rate deduction for expenses saved
. In this case, the customer is obliged to pay 80% of the contractually agreed
price for overnight accommodation and for package arrangements with third-party services.
The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount demanded
.

V. Withdrawal by Hotel Brenner, unauthorized events
1. If it has been contractually agreed that the customer can withdraw from the contract free of charge up to a certain date
, Hotel Brenner is entitled for its part to withdraw from the contract in whole or in part up to this
date if
inquiries from other customers regarding the contractually booked rooms have been received and the customer
does not waive his right
to withdraw from the contract upon enquiry by Hotel Brenner within a reasonable period of time. This applies accordingly if an option is granted, if
other inquiries have been received and the customer is not prepared to make a firm booking upon enquiry by Hotel Brenner with
setting a reasonable deadline.
2Furthermore, Hotel Brenner is entitled to extraordinarily withdraw from the
contract for objectively justified reasons, in particular if
- force majeure or other circumstances for which Hotel Brenner is not responsible
make it impossible to fulfill the contract;
- hotel services were booked under misleading or false information or concealment of contractually
essential facts. The identity of the customer,
his ability to pay or the purpose of his stay may be material to the contract;
- Hotel Brenner has reasonable grounds to believe that the use of
hotel services may jeopardize the smooth operation, security or public reputation of
Hotel Brenner, without this being attributable to the sphere of control or organization of Hotel Brenner.
organizational area of Hotel Brenner;
- the purpose or occasion of the stay is unlawful,
- a breach of Clause I No. 2 has occurred;
- an advance payment agreed or demanded in accordance with Clause III Nos. 6 and/or 7 above
has not been made even after a reasonable grace period set by Hotel Brenner
has expired.
3Unauthorized job interviews, sales and similar events may be prevented or cancelled by
Hotel Brenner.
4. The justified withdrawal by Hotel Brenner or the prevention of an event not authorized by
in accordance with No. 3 above shall not entitle the customer to claim
damages.
5. Should Hotel Brenner
have a claim for damages against the customer in the event of withdrawal in accordance with No. 2 above, Hotel Brenner may make a lump sum claim. Clause IV
No. 3 sentences 2 to 5 apply accordingly in this case.

VI Room provision, handover and return
1. The customer is not entitled to the provision of specific rooms unless
has been expressly agreed.
2Subject to the express agreement of an earlier availability time,
booked rooms are available to the customer from 3 p.m. on the agreed day of arrival.
Unless a later arrival time has been expressly agreed or the room in question
has been prepaid, Hotel Brenner has the right to reallocate booked rooms after
6 p.m. without the customer being able to derive a claim against
Hotel Brenner from this. There is no obligation to reallocate
.
3. On the agreed day of departure, the rooms must be vacated and made available to Hotel Brenner by
11.00 a.m. at the latest. Use beyond this time
can be agreed with Hotel Brenner
for a time-based fee, subject to availability.
4Should the customer use the room beyond 11.00 a.m. without having previously made an express
agreement with Hotel Brenner, Hotel Brenner may charge 50% of the full list price for the delayed vacating of the room due to the
late vacating of the room for its use beyond the contract
until 6.00 p.m.
(but at least the fee according to the above No. 3), from 6.00 p.m. at least 90%.
This does not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove
that Hotel Brenner has no or a significantly lower claim
to compensation for use.

VII Liability of Hotel Brenner
1. Hotel Brenner is liable for damages for which it is responsible arising from injury
to life, limb or health. Furthermore, Hotel Brenner
is liable for other damages that are based on an intentional or grossly negligent breach of duty
by Hotel Brenner, and damages that are based on an intentional or negligent
breach of typical contractual obligations by Hotel Brenner.
Typical contractual obligations are those obligations that make the proper execution
of the contract possible in the first place and on the fulfillment of which the customer relies and
may rely. A breach of duty by Hotel Brenner is equivalent to that of a legal
representative or vicarious agent. Further claims for damages are,
unless otherwise regulated in this clause VII, excluded. Should disruptions
or defects in the services of Hotel Brenner occur, Hotel Brenner will endeavor to remedy the situation upon knowledge
or upon immediate complaint by the customer. The customer is
obliged to make reasonable efforts to remedy the disruption and minimize any
damage. In addition, the customer is obliged to inform Hotel Brenner in good time
of the possibility of the occurrence of exceptionally high damages.
2. Hotel Brenner is liable to the customer for items brought into the hotel in accordance with the statutory
provisions. It is recommended that the hotel or room safe be used. If the
customer wishes to bring in money, securities and valuables with a total value of more than € 800
or other items with a total value of more than € 3,500, a separate
storage agreement must be made with Hotel Brenner.
3. Items left behind by the customer will only be forwarded at the request, risk and expense of the
customer. Hotel Brenner will store the items for three months; after this period, they will be handed over to the local lost and found office,
if they have a recognizable value. If the lost and found office is not prepared to accept
the items, they will be kept for a further nine months and then either
disposed of or destroyed. The above No. 1 sentences 1
to 5 apply accordingly to the liability of Hotel Brenner.
4. If the customer is provided with a parking space in the hotel garage or in a hotel parking lot, including
for a fee, this does not constitute a safekeeping agreement.
Hotel Brenner is not obliged to monitor the property. In the event of loss of
or damage to motor vehicles parked or maneuvered on the hotel property
and their contents, Hotel Brenner shall only be liable in accordance with the above
No. 1 sentences 1 to 5. Any damage must be reported to Hotel Brenner immediately.
5. Wake-up calls are carried out by Hotel Brenner with the utmost care. Messages,
mail and consignments of goods for guests are handled with care. Hotel Brenner
undertakes the delivery, storage (in the case of consignments of goods, however, only after prior
agreement) and - on request - the forwarding of the same for a fee.
The above number 1 sentences 1 to 5 apply accordingly to the liability of Hotel Brenner.

VIII Final provisions
1. Amendments or additions to the contract or these General Terms and Conditions
should be made in text form. Unilateral amendments or additions by the customer
are invalid.
2. The place of performance and payment in commercial transactions is the location of the respective
Hotel Brenner hotel.
3. In commercial transactions, the exclusive place of jurisdiction is
Koblenz - also for check disputes. However, Hotel Brenner may also sue the customer at its discretion at the
location of the respective Hotel Brenner or at the customer's registered office. The
same applies in each case if the customer fulfills the requirements of § 38 para. 2 ZPO and
has no general place of jurisdiction in Germany.
4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is
excluded.
5. Hotel Brenner does not participate in dispute resolution proceedings before consumer arbitration boards
.
6. Should individual provisions of these General Terms and Conditions be or become invalid or
void, the validity of the remaining provisions shall not
be affected thereby. In all other respects, the statutory provisions shall apply.

Status: December 2017