Terms and Conditions
General Terms and Conditions (GTC) and Terms and Conditions for the Hotel Accommodation Contract (GHAV) for Hotel Karl August and Melter Hotel & Apartments.
1. Scope of Application
These Terms and Conditions apply exclusively and in full to Contracts for the provision of hotel rooms for accommodation, as well as to any further goods and services (“Services”) provided by the hotel to the customer in this context (“Contract”). The parties to the Contract are the hotel and the customer. The Contract is concluded when the hotel accepts the customer’s booking request. The hotel is free to confirm the room booking in writing. Any terms and conditions that deviate from the GHAV shall not apply unless the hotel has expressly agreed to them in writing.
2. Services, Prices, Payment, Setoff
2.1 The hotel shall ensure that the rooms booked by the customer are available and shall provide the agreed Services.
2.2 The customer shall pay the hotel the agreed or applicable rates for the provision of the rooms and any other Services they have used. This shall also apply to services commissioned by the customer directly or through the hotel, provided by third parties and paid for in advance by the hotel.
2.3 Prices are quoted in euro (“EUR”) and include the taxes and local charges applicable at the time the Contract is concluded.
2.4 The hotel may make its consent to a subsequent reduction, requested by the customer, in the number of rooms booked, the hotel’s Services or the duration of the customer’s stay conditional upon an increase in the price of the rooms and/or the hotel’s other Services.
2.5 Hotel invoices without a due date are payable in full, without deduction, within eight days of the customer’s receipt of the invoice. The hotel may at any time require the customer to make immediate payment of any outstanding amounts due. The hotel is not obliged to accept €500.00 notes for payment. In the event of late payment by the customer, the statutory provisions shall apply. The hotel reserves the right to claim and prove that it has incurred greater damages.
2.6 The customer is obligated to pay in advance for the hotel Services listed in clause 2.2 at the time of check-in. The final invoice for Services shall be settled at check-out.
2.7 The hotel is also entitled to require the customer to make a reasonable advance payment or provide security up to the full agreed remuneration upon conclusion of the Contract.
2.8 The customer may only set off a claim against a claim by the hotel if that claim is undisputed or has become final and binding.
2.9 The customer is jointly and severally liable for the hotel’s invoice amount alongside the person who booked the room and Services on the customer’s behalf.
3. Withdrawal of the Customer
3.1 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 another statutory right of withdrawal exists, or if the hotel expressly consents to the termination of the Contract. Any agreement of a right of withdrawal, as well as any consent to the termination of the Contract, must be in writing.
3.2 Where a deadline for withdrawing from the Contract free of charge has been agreed between the hotel and the customer, the customer may withdraw from the Contract by that date without giving rise to any claims for payment or compensation by the hotel. The customer’s right of withdrawal expires if they do not exercise their right of withdrawal vis-à-vis the hotel by the agreed deadline.
3.3 If no right of withdrawal has been agreed or has lapsed expired, and there is no statutory right of withdrawal or termination, and the hotel does not consent to the termination of the Contract, the hotel retains the right to claim the agreed price despite the service not being used. The hotel must set off any income from re-letting the rooms as well as any expenses saved. If the rooms are not let to other guests, the hotel may apply a flat-rate deduction for expenses saved. In this case, the customer is obligated to pay at least 90 per cent of the contractually agreed price for the booked room per night. The customer is free to prove that the aforementioned claim has not arisen or has not arisen to the extent claimed.
4. Withdrawal of the Hotel
4.1 Where it has been agreed that the customer may withdraw from the Contract free of charge within a specified period, the hotel is also entitled to withdraw during this period if enquiries are received from other customers regarding the rooms booked under the Contract and the customer, upon enquiry by the hotel setting a reasonable deadline, does not waive their right to withdraw.
4.2 If an advance payment or security deposit agreed or required in accordance with 2.6 and/or 2.7 is not made even after expiry of a reasonable grace period set by the hotel, the hotel is entitled to withdraw from the Contract.
4.3 The hotel is entitled to withdraw from the Contract for good cause, in particular if
– force majeure or other circumstances beyond the hotel’s control render fulfilment of the Contract impossible;
– rooms or premises are culpably booked on the basis of misleading or false information or concealment of material facts; e.g. the identity of the guests, their financial standing or the purpose of their stay;
– the hotel has reasonable grounds to assume that the use of Services may jeopardise the smooth running of the business, the safety or the hotel’s public reputation, without this being attributable to the hotel’s sphere of control or organisation;
– the purpose or reason for the stay is unlawful;
– there is a breach in relating to the subletting or re-letting of the rooms provided, or their use for purposes other than accommodation.
4.4 The hotel’s justified withdrawal does not entitle the customer to claim damages.
5. Provision, Handover and Return of the booked Hotel Rooms
5.1 The customer is not entitled to the provision of specific rooms, unless this has been expressly agreed.
5.2 Booked rooms are available to the customer from 3 pm on the agreed day of arrival. The customer is not entitled to an earlier check-in.
5.3 For arrivals after 8 pm, the guest is obliged to inform the hotel sufficiently in advance to enable the hotel to contact them or send them the code for the night safe. This applies in particular to bookings made via online portals, where the customer’s contact details are not provided to the hotel. If no timely notification is provided and the customer is consequently unable to gain access, the hotel’s entitlement to the agreed remuneration in accordance with clause 3.3 remains in force. The customer is expressly free to prove that the hotel has incurred no loss or a significantly lower loss.
5.4 On the agreed day of departure, the rooms must be vacated and handed over to the hotel by 11 am at the latest. Thereafter, due to the late vacating of the room and its use beyond the terms of the Contract, the hotel may charge 50 per cent of the list price of the provided room until 6 pm, and 90 per cent from 6 pm onwards. This does not give rise to any contractual claims on the part of the customer. The customer is free to prove that the hotel has incurred no claim for usage fees or only significantly lower claim.
6. Smoking Ban, Special Cleaning, Loss of the Room Card, Pets
6.1 Smoking is strictly prohibited on the entire hotel premises. In the event of culpable non-compliance with the smoking ban, the hotel is entitled to charge a special cleaning charge of EUR 250.00 to remove odours and smoke residues (e.g. cleaning of textiles and furniture). The customer is expressly permitted to provide evidence that no damage has been incurred at all, or that the damage is significantly lower than the claimed fixed rate. If the room is temporarily unlet due to smoke damage, the hotel reserves the right to charge the guest for the specific loss of rental income resulting therefrom.
6.2 A special cleaning charge of €250.00 will be charged for the removal of specific and especially for stubborn soiling in the room caused by the guest or one of their visitors. The customer is expressly permitted to provide evidence that no damage has been incurred at all or that the damage is significantly lower than the claimed fixed rate.
6.3 In the event of the loss of the room key, the hotel is entitled to claim compensation from the guest amounting to EUR 10.00. The customer is expressly permitted to provide evidence that no damage has been incurred at all or that the damage is significantly lower than the claimed fixed rate.
6.4 Pets may only be brought on the premises with the hotel’s prior consent and are subject to a fixed rate of EUR 35.00 per pet and per day (excluding food). Guide dogs and assistance dogs are exempt from this.
7. Liability of the Hotel
7.1 The hotel shall be liable for damage resulting from injury to life, limb and health for which it is responsible. Furthermore, the hotel shall be liable for any other damage resulting from an intentional or grossly negligent breach of duty on the part of the hotel, or from an intentional or negligent breach of the hotel’s duties typical for the Contract. A breach of duty by the hotel shall be deemed equivalent to a breach of duty by a legal representative or a vicarious agent. Unless otherwise provided for in clause 7, any further claims for damages are excluded. Should any problems or shortcomings arise in relation to the hotel’s Services, the hotel shall endeavour to remedy the situation as soon as it becomes aware of them or upon immediate notification by the costumer. The customer shall do what can reasonably be expected of them to rectify the problem and minimise any possible damage.
7.2 In accordance with the statutory provisions, the hotel is liable to the guest for items left in its care. The hotel recommends the use of the hotel or in-room safe. Should a guest wish to bring in cash, securities and valuables worth more than EUR 800.00 or other items worth more than EUR 3,500.00, these must be handed over to the hotel for safekeeping in the hotel safe, following prior notification by the guest. The hotel may only refuse to store items if these items are excessively valuable or dangerous.
7.3 Where a parking space is made available to the customer in the hotel garage or on the hotel car park, even for a fee, this does not constitute a contract of safekeeping. In the event of loss or damage to motor vehicles parked or manoeuvred on the hotel’s premises and their contents, the hotel shall only be liable to the guest in accordance with clause 7.1, sentences 1 to 4.
7.4 Wake-up calls shall be carried out by the hotel with the utmost care. Messages, post and parcels for guests shall be handled with care. The hotel shall undertake the delivery, safekeeping and – on request – the forwarding of such items for a fee. The hotel shall only be liable to the customer in accordance with clause 7.1, sentences 1 to 4.
8. Data Protection
The protection of the customer’s personal data is governed by the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG-Neu). For the purpose of fulfilling the Contract between the hotel and the customer, the hotel processes personal data (Article 4(2) of the GDPR). Any disclosure of data to third parties or data processors (e.g. IT service providers, payment service providers) takes place exclusively in accordance with legal requirements, in particular for the purpose of fulfilling the Contract, to comply with legal obligations (e.g. under the Federal Registration Act) or on the basis of a data processing agreement in accordance with Article 28 of the GDPR. In all other cases, data will only be disclosed to third parties if the customer has given their explicit consent (Article 6(1)(a) of the GDPR) or if another legal basis permits this.
9. Final Provisions
9.1 Statute of Limitations
(a) In relation to consumers (B2C): The statutory limitation period apply.
b) In relation to businesses (B2B): Claims by the customer against the hotel shall, as a general rule, become time-barred one year from the commencement of the statutory limitation period. This does not apply to:
- claims for damages arising from injury to life, limb or health,
- claims arising from an intentional or grossly negligent breach of duty by the hotel, a legal representative or a vicarious agent,
- other claims, provided that the law mandatorily prescribes a longer limitation period.
9.2 The place of performance and payment, as well as the exclusive place of jurisdiction – including for disputes relating to cheques and bills of exchange – in commercial transactions shall be the hotel’s location. Where a contracting party meets the requirements of Section 38(2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the place of jurisdiction shall be the hotel’s registered office under company law (Nuremberg, Federal Republic of Germany).
9.3 The substantive law of the Federal Republic of Germany shall apply exclusively. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 shall not apply.
Note
The hotel is neither willing nor obligated to participate in dispute resolution proceedings before a consumer dispute resolution body.
A list of consumer dispute resolution bodies in the Member States of the European Union, Norway and Iceland, together with their contact details, can be found here: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies