I. Scope of application
1. These terms and conditions apply to contracts for the rental of
hotel rooms from the Hotel Brenner for accommodation as well as 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 leased premises, the use of the leased hotel rooms for purposes other than accommodation, public invitations
or other advertising measures for job interviews, sales and similar
events and the use of hotel areas outside the Rented rooms for
the aforementioned events require the prior express consent of
Hotel Brenner and can be made dependent on the payment of an additional fee. § 540 Paragraph 1 Clause 2 BGB does not apply if the customer is not a consumer. 3. The customer’s terms and conditions only apply if this has been expressly
agreed beforehand.
II. Conclusion of contract; Notice obligation
1. The contract is concluded when Hotel Brenner accepts the customer’s application.
Hotel Brenner is free to confirm the room booking in writing.
2. The customer is obliged to inform Hotel Brenner of this at the latest when the contract is concluded, provided that the use of the hotel service is suitable, the smooth business operations, the security or the reputation of Hotel Brenner in
the Endangering the public.
III. Services, prices, payment, offsetting
1. The customer is obliged to
pay the agreed or applicable prices of Hotel Brenner for the provision of rooms and the other services
used by him. This also applies to third-party services commissioned by the customer directly or via Hotel Brenner, the remuneration of which is disbursed by Hotel Brennerver.
2. The agreed prices include the taxes and local taxes applicable at the time of the conclusion of the contract. Not included are local taxes that are
owed by the guest according to local law. In the event of a change in the legal
sales tax or the introduction, change or abolition of local taxes on the
object of performance after the conclusion of the contract, the prices will be adjusted accordingly.
In the case of contracts with consumers, this only applies if the period between the conclusion of the contract
and fulfillment of the contract exceeds four months.
3. Hotel Brenner can make its consent to a subsequent
reduction in the number of booked rooms, the performance of the hotel or the length of stay of the customer, as requested by the customer, dependent on the price of the room
and / or appropriately increased for the other services provided by the hotel. Hotel Brenner
4. If payment on account has been agreed, payment must be made within 14 days of receipt of the invoice without any deductions – subject to a deviating
agreement.
5. For each reminder after the occurrence of default, the customer has to reimburse Hotel Brenner for reminder costs of € 5. The customer is free to provide evidence that no or only significantly lower
costs were incurred. For customers who are not consumers,
Hotel Brenner can instead also assert the claim from § 288 Paragraph 5 BGB
.
6. Hotel Brenner is entitled to request a reasonable advance payment or security, 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, e.g. the customer’s arrears in payment or an extension of the
scope of the contract, Hotel Brenner is entitled, even after the conclusion of the contract up to
the beginning of the stay, to make an advance payment or a security deposit within the meaning of the above
No. 6 or to request an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
8. Hotel Brenner is also entitled at the beginning of and during the stay
to request a reasonable advance payment or security deposit from the customer in accordance with the above
No. 6, unless this has already been done in accordance with the above numbers
6 and / or 7.
9. The customer can only offset or offset against an undisputed or legally binding claim against a claim by Hotel Brenner.
IV. Cancellation by the customer / failure to use the services of Hotel Brenner
1. A withdrawal by the customer from the contract concluded with Hotel Brenner is only possible if a right of withdrawal has been expressly agreed in the contract, a legal
right of withdrawal exists or if Hotel Brenner expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as any
consent to a contract cancellation should be made in text form.
2. If a date has been agreed for the free exercise of the right of withdrawal, the
customer can withdraw from the contract until then without triggering any claims for payment or damages
from Hotel Brenner. The customer’s right of withdrawal expires if
he does not exercise it in writing by the agreed date with Hotel Brenner
.
3. If a right of withdrawal has not been agreed or has already expired, there is also no legal
right of withdrawal, and if Hotel Brenner does not consent to a cancellation of the contract, Hotel Brenner retains the right to the agreed remuneration
despite non-use of the service. Hotel Brenner has to credit the income
from renting the rooms to other parties as well as the saved expenses.
If the rooms are not rented to someone else, Hotel Brenner
can demand the contractually agreed remuneration and the deduction for saved expenses < br /> flat rate. In this case, the customer is obliged to pay 80% of the contractually agreed
price for overnight stays as well as for all-inclusive arrangements with third-party services.
He is free to provide evidence that the aforementioned claim is not or not in the required
Height has arisen.
V. Resignation of 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 to withdraw from the contract in full or in part up to this
time if
inquiries from other parties Customers after the contractually booked rooms are available and the customer
does not waive his right to withdraw
upon request from Hotel Brenner with a reasonable deadline. This applies accordingly if an option is granted, if
other inquiries exist and the customer is not willing to make a firm booking at the request of Hotel Brenner with an appropriate deadline.
2. Furthermore, Hotel Brenner is entitled to extraordinarily withdraw from the
contract for an objectively justified reason, in particular if
• force majeure or other circumstances for which Hotel Brenner is not responsible
make it impossible to fulfill the contract;
• Hotel services have been booked with misleading or false information or with concealment
of essential facts. The identity of the customer,
his solvency or the purpose of his stay may be essential to the contract; can endanger the reputation of
Hotel Brenner in public without this being attributable to the control or organizational area of Hotel Brenner;
• the purpose or the cause of the stay is illegal,
• There is a breach of Clause I No. 2;
• An agreed advance payment or an advance payment requested in accordance with Clause III No. 6 and / or 7 above,
even after a reasonable
3. Unauthorized interviews, sales and similar events can
stop or cancel the Hotel Brenner.
4. The justified withdrawal by Hotel Brenner or the prevention of an unapproved
event in accordance with No. 3 above does not establish any claim for
damages on the part of the customer.
5. If Hotel Brenner
has a claim for damages against the customer in the event of a withdrawal according to No. 2 above, Hotel Brenner can set a flat rate for the claim. Clause IV
No. 3 sentences 2 to 5 apply accordingly in this case.
VI. Room provision, handover and return
1. The customer does not acquire the right to be provided certain rooms, unless this has been
expressly agreed.
2. Subject to the express agreement of an earlier availability time,
booked rooms are available to the customer from 3 p.m. on the agreed arrival date.
Unless a later arrival time has been expressly agreed or the room in question
has been prepaid, Hotel Brenner the right to reallocate booked rooms after 6.00 p.m. without the customer being able to derive a claim against
Hotel Brenner from this. There is no obligation to allocate it elsewhere.
3. Rooms must be vacated and made available to Hotel Brenner no later than 11.00 a.m. on the agreed departure date. Use beyond this time
for a time-dependent fee can – subject to availability – be agreed with Hotel Brenner
.
4. Should the customer use the room beyond 11.00 a.m. without having previously made an express
agreement with Hotel Brenner, Hotel Brenner can, due to the delayed vacancy of the room, for its use beyond the contract
up to 6.00 p.m. invoice 50% of the full list price
(but at least the fee according to No. 3 above), from 6.00 p.m. at least 90%.
This does not justify contractual claims of the customer. He is free to
prove that Hotel Brenner has no or a significantly lower claim
for usage fee.
VII. Liability of Hotel Brenner
1. Hotel Brenner is liable for damages for which it is responsible from injury to life, body 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
violation of typical contractual obligations by Hotel Brenner .
Obligations typical to the contract are those obligations which enable the proper performance of the contract and which the customer can trust and trust to be fulfilled. A breach of duty by Hotel Brenner is equivalent to that of a legal
representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this Clause VII. Should disruptions
or deficiencies in the services of Hotel Brenner occur, Hotel Brenner will endeavor to remedy the situation if they become
aware of this or if the customer complains immediately. The customer is
obliged to do what is reasonable for him to remedy the disruption and to keep any possible
damage to a minimum. In addition, the customer is obliged to inform Hotel Brenner in good time of
the possibility of exceptionally high damage.
2. Hotel Brenner is liable to the customer for property brought in according to the legal
provisions. It is recommended to use the hotel or room safe. If the
customer wants 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 keep the items for three months; then, if there is a recognizable value, they are handed over to the local lost property office. If the lost property office is not ready to take over, the items will be kept for a further nine months and then either used 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 on a hotel car park, also for a fee, this does not result in a custody contract.
Hotel Brenner is not obliged to monitor. In the event of loss of
or damage to motor vehicles parked or maneuvered on the hotel property and their contents, Hotel Brenner is only liable in accordance with the above
No. 1 sentences 1 to 5. Hotel Brenner must be notified of any damage immediately.
5. Wake-up calls are carried out by Hotel Brenner with the greatest care. Messages, post and merchandise deliveries for guests are handled with care. Hotel Brenner
takes care of delivery, storage (in the case of consignments, however, only after prior agreement) and – on request – forwarding the same for a fee.
The above number 1 sentences apply to Hotel Brenner’s liability 1 to 5 accordingly.
VIII. Final provisions
1. Changes or additions to the contract or these general terms and conditions
should be made in text form. Unilateral changes or additions by the customer
are ineffective.
2. The place of fulfillment and payment in commercial transactions is the location of the respective
Hotel Brenner Hotel.
3. In commercial transactions – also for check disputes – the exclusive place of jurisdiction is Koblenz. Hotel Brenner can, at its option, also sue the customer at the
location of the respective Hotel Brenner or at the customer’s registered office. The same applies if the customer fulfills the requirements of § 38 Paragraph 2 ZPO and
does not have a general place of jurisdiction in Germany.
4. German law applies. The application of the UN sales law and the conflict of laws is excluded.
5. Hotel Brenner does not take part in dispute settlement proceedings before consumer arbitration boards.
6. Should individual provisions of these general terms and conditions be or become ineffective or
void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions apply.
As of December 2017
