Komm' In Hotel

General Terms and Conditions - Hotel Komm`In
These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as to all other services provided by the hotel for the customer in this context.
1.
The contract is concluded upon acceptance of the customer's request by the hotel. 
The hotel may make its agreement to changes requested by the customer to the contractually agreed hotel services, such as a reduction in the number of rooms booked or a shortening or extension of the booked length of stay, dependent on an appropriate increase in the price of the rooms and/or other hotel services to be changed.
2.    Room provision, handover, and return
The customer shall not be entitled to the provision of specific rooms unless this has been expressly agreed between the parties in writing.
Booked rooms shall be available to the customer from 3:00 p.m. on the agreed day of arrival. The customer shall not be entitled to earlier provision. Unless a later arrival time has been expressly agreed, the room in question has been paid for in advance, or payment has been guaranteed by the customer with a valid credit card, the hotel has the right to reallocate booked rooms after 4:00 p.m. without the customer being entitled to any claims against the hotel. There is no obligation to reallocate rooms.
 
On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After this time, the hotel may charge 50% of the full list price for use of the room beyond the contractual period until 6:00 p.m., and at least 100% after 6:00 p.m. This does not justify any contractual claims on the part of the customer. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.
3.    Customer obligations
The subletting or re-letting of the premises 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 areas outside the rented rooms for the aforementioned events require the prior express consent of the hotel and may be made dependent on the payment of an additional fee. Section 540 (1) sentence 2 BGB does not apply if the customer is not a consumer.
 
The customer is obliged to inform the hotel of this, without being asked, at the latest upon conclusion of the contract, if the use of the hotel services is likely to jeopardize the smooth operation, safety, or reputation of the hotel in public. 
4.    Remuneration
 
The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of rooms and for any other services used by him. This also applies to services provided by third parties directly or through the hotel, the remuneration for which is paid by the hotel.
 
The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, e.g., in the form of a credit card guarantee. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. In justified cases, e.g., payment arrears on the part of the customer or extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract and up to the start of the stay, to demand an advance payment, security deposit, or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
 
The agreed prices include all taxes and local charges applicable at the time of conclusion of the contract. If the statutory sales tax changes after conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion of the contract and performance of the contract exceeds four months. The creation, change, or cancellation of local taxes shall have no influence on the agreed price and shall only oblige and entitle the hotel.
 
For each reminder after default, the customer shall reimburse the hotel for reminder costs of €5. If the customer proves that no or only significantly lower costs have been incurred, the reminder costs shall be reduced accordingly.
The customer is only entitled to offset or set off undisputed or legally binding claims against a claim of the hotel.
5.    Withdrawal by the customer
The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if a statutory right of withdrawal exists, or if the hotel expressly agrees to the cancellation of the contract. The effective agreement of a right of withdrawal and/or consent to the cancellation of the contract must be made in writing.
 
If a date has been agreed by which the right of withdrawal can be exercised free of charge, the customer may only withdraw from the contract until that date without incurring any payment or compensation claims against the hotel. The customer's right of withdrawal expires if it is not exercised by the agreed date at least in text form vis-à-vis the hotel.
 
If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal, and if the hotel does not agree to a cancellation of the contract, the hotel reserves the right to claim the agreed remuneration despite non-use of the service. The hotel shall offset the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented to other parties, the hotel may demand the contractually agreed remuneration and make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast and for package deals with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.
 
6.    Withdrawal by the hotel
If the hotel has granted the customer an option for hotel services, the hotel is entitled to withdraw from the contract in whole or in part free of charge until the customer exercises the option. This is subject to the hotel setting the customer a reasonable deadline for exercising the option prior to withdrawal and the customer not declaring their intention in writing within this deadline.
 
Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if force majeure or other circumstances beyond the hotel's control make it impossible to fulfill the contract;
hotel services were booked under misleading or false information or by concealing facts that are essential to the contract. The identity of the customer, his solvency or the purpose of his stay may be essential to the contract; 
the hotel has reasonable grounds to believe that the use of the hotel services may jeopardize the smooth operation, safety or reputation of the hotel in public, without this being attributable to the hotel's control or the purpose or reason for the stay is unlawful; there is a breach of point 3.2; an advance payment agreed or requested in accordance with point 4.2 has not been made even after a reasonable grace period set by the hotel has expired.
 
The hotel may prevent or cancel unauthorized job interviews, sales events, and similar events. 
In the event of a justified withdrawal by the hotel or the prevention of an unauthorized event in accordance with point 6.3, the customer shall have no claim to compensation. Irrespective of this, the hotel reserves the right to claim compensation from the customer in such cases.
7. Liability of the hotel
In the event of disruptions or defects in the hotel's services, the hotel shall endeavor to remedy the situation as soon as it becomes aware of it or upon immediate notification by the customer. The customer is obliged to contribute reasonably to remedying the disruption and minimizing any possible damage. Furthermore, the customer is obliged to inform the hotel in good time of the possibility of exceptionally high damage occurring. The hotel is liable for damage for which it is responsible resulting from injury to life, limb, or health. Furthermore, the hotel is liable for other damage resulting from an intentional or grossly negligent breach of duty by the hotel and damage resulting from an intentional or negligent breach of typical contractual obligations of the hotel. Typical contractual obligations are those obligations that enable the proper execution of the contract in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. The hotel is liable for items stored by the customer in the room safe, such as money, securities, and valuables, up to a total amount of $1,000. Otherwise, the hotel is not liable for theft unless the customer can prove that the hotel is at fault. 
Items left behind by the customer will only be forwarded at the request, risk, and expense of the customer. The hotel will store the items for three months after the customer's departure. After that, the lost property will be handed over to the local lost property office, provided it has a recognizable value. If the lost property office is not willing to accept the items, they will be kept for a further nine months after the customer's departure and then either sold or destroyed. The above provisions shall apply mutatis mutandis to the hotel's liability for the items kept.
 
Wake-up calls will be carried out by the hotel with the utmost care. Messages, mail, and goods deliveries for guests will be handled with care. The hotel will take care of delivery, storage (in the case of goods deliveries, however, only after prior agreement), and forwarding of the same for a fee. The above provisions apply accordingly to the hotel's liability.
 
Further claims for damages are excluded, unless otherwise provided in this clause.
8. Final provisions
If the customer also uses general terms and conditions, the contract shall also come into effect without express agreement on the inclusion of general terms and conditions. Insofar as the various general terms and conditions agree in content, they shall be deemed to have been agreed. Contradictory individual provisions shall be replaced by the provisions of dispositive law. The same shall apply in the event that the customer's terms and conditions contain provisions that are not contained in these terms and conditions. If these terms and conditions contain provisions that are not contained in the customer's terms and conditions, these terms and conditions shall apply.
 
Amendments or additions to the contract or these General Terms and Conditions must be agreed in writing to be effective.
The place of performance and payment in commercial transactions is the location of the hotel.
Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions.
 
German law shall apply to the legal relationship, with the exception of provisions that refer to the application of the law of other countries. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions is excluded.
In commercial transactions, the exclusive place of jurisdiction shall be Cologne, insofar as this is permissible. However, the hotel may sue the customer at its discretion at the location of the hotel or at the customer's place of business.