Free Contracts

Document Sample
Free Contracts Powered By Docstoc
					General Terms and Conditions for Hotel Accommodation Contracts

I. Scope

1. These Terms and Conditions apply to contracts governing the letting of hotel rooms for accommodation
   purposes, and to all the other services provided by the Kempinski Grand Hotel Heiligendamm (hereinafter
   "Hotel") to its clients.

2. The subletting of rooms and the use of rooms for purposes other than accommodation require the prior
   written consent of the Hotel, whereby if the client is not a consumer1, § 540 (1) sentence 2 German Civil
   Code shall be waived.

3. The client's general terms and conditions of business shall only apply if an express written agreement to this
   end has previously been entered into.

II. Conclusion of the Contract, Contracting Parties, Contractual Liability, Limitation

1. The contract shall come into effect upon the Hotel's acceptance of the client's request for accommodation.
   The Hotel may, at its discretion, confirm the room reservation in writing.

2. The contracting parties are the Hotel and the client. Should the client's room have been booked on his
   behalf by a third party, the client and the third party shall be liable vis-à-vis the Hotel as joint and several
   debtors for all the obligations arising under the hotel accommodation contract, as long as the Hotel is in
   possession of a declaration by the third party consenting to this term.

3. In principle, all claims against the Hotel become statute barred one year after the commencement of the
   regular limitation period, dependent on the claimant having actual knowledge, laid down in § 199 l German
   Civil Code. Damage claims become statute barred in five years, independently of the claimant having actual
   knowledge. These reductions in the limitation period do not apply to claims based on an intentional or
   grossly negligent breach of duty by the hotel.

III. Services, Prices, Payment, Set-Off

1. The Hotel is obliged to make available the room reserved by the client, and to render the agreed services.

2. The client is obliged to pay the applicable or agreed Hotel prices for the room and the services of which he
   avails himself. This shall also apply to services which the client causes the Hotel to provide to third parties
   and to expenses which the client causes the Hotel to incur vis-à-vis third parties.

3. The agreed prices include statutory VAT. Should the sales tax included in the prices be increased by law, the
   Hotel shall be entitled to adjust the agreed prices accordingly, without the explicit prior consent of the
   client. If the period between conclusion of the contract and performance of the contract exceeds four
   months, and there is a general increase in the prices charged by the hotel for similar services within this
   time, the Hotel shall be entitled to increase the contractually agreed price by a reasonable amount, not to
   exceed 5%.

4. The Hotel shall also be entitled to alter its prices if, after conclusion of the contract, the client wishes to
   make changes to the number of rooms reserved, the services to be provided by the Hotel or the length of
   the guests' stay, and the Hotel agrees to such changes.

5. Invoices issued by the Hotel which do not bear a due date shall be due and payable in full within ten days of
   receipt. The Hotel shall be entitled to make accumulating accounts receivable due and payable at any time
   and to demand immediate payment. In the event of default by the client, the Hotel shall be entitled to
   charge the statutory default interest, currently 8%, and in the case of legal transactions involving a
   consumer1, the Hotel shall be entitled to charge interest at 5% above the basic rate. The Hotel reserves the
   right to prove that the damage incurred is greater than this amount.

6. The Hotel is entitled, upon conclusion of the contract or thereafter, taking into consideration the legal
   provisions relating to package holidays, to demand a reasonable advance payment or security deposit. The
   amount and date of payment can be agreed in writing in the contract.

7. Claims which the Hotel has against the client can only be set-off against or reduced by incontestable or res
   judicata claims which the client has against the Hotel.
IV. Rescission by the Client (Cancellation)

          Translator's note: according to § 13 German Civil Code, a consumer is a natural person who enters
into a legal transaction for non-commercial purposes.
1. A rescission by the client of the contract entered into with the Hotel requires the written consent of the
   Hotel. Failure to obtain the written consent of the Hotel shall result in the client being obliged to pay the
   contractually agreed price, even if he does not make use of the contractual services.
   This provision shall not apply if it causes a breach of the Hotel's duty to make allowance for the rights, legal
   interests and other interests of the client, in the event that such rights and interests should make it
   unreasonable to expect the client to stick to the agreement, or should entitle the client to any other
   statutory or contractual right of rescission.

2. If the Hotel and the client have agreed in writing that the contract can be rescinded free of charge within a
   certain period, the client may rescind the contract within this period without triggering claims for payment
   or damages by the hotel. The client's right of rescission shall expire if not exercised in writing vis-à-vis the
   hotel by the agreed date, except in cases where the client has a right of rescission pursuant to Clause IV no.
   1 sentence 3.

3. If the client fails to use a reserved room, the Hotel must deduct from its bill to the client the amount it
   receives for rehiring the room, should it manage to do so, and the costs saved through the client's non-

4. The hotel may, at its discretion, demand payment of the contractually agreed price and deduct the saved
   costs at a flat rate. In this case, the client shall be obliged to pay at least 90% of the contractually agreed
   price for accommodation with or without breakfast, 70% for half board accommodation and 60% for full
   board accommodation. The client shall be free to prove that the above claim does not exist or is lower than
   provided here.

V. Rescission by the Hotel

1. If it has been agreed in writing that the client may rescind the contract free of charge within a certain
   period, the Hotel shall also be entitled to rescind the agreement within this period should it receive enquiries
   from other interested parties about the contractually reserved rooms and the client refuses, when asked by
   the Hotel, to waive his right of rescission.

2. Should the client have failed to pay an agreed advance or an advance demanded in accordance with section
   III no. 6 above even after expiry of a reasonable grace period set by the Hotel, the Hotel shall also be
   entitled to rescind the contract.

3. The Hotel shall also be entitled to rescind the contract extraordinarily if it has objective justification, such as

   • for reasons of force majeure or other circumstances beyond the control of the Hotel, it becomes
     impossible to fulfil the contract;

   • rooms are reserved on the basis of misleading or false information with regard to material facts such as
     the client's identity or the purpose of the room reservation;

   • the Hotel has justified cause to believe that the client's use of Hotel services may jeopardize the smooth
     running, security or public reputation of the Hotel, without this being attributable to shortcomings in the
     organization of the Hotel or other areas within its control;

   • a breach against section I no. 2, above, has occurred.

4. A legitimate rescission of the contract by the Hotel shall not give the client grounds to claim compensation.

VI. Room Allocation, Beginning and End of Room Occupancy

1. A reservation does not entitle the client to a specific room or rooms.

2. Reserved rooms shall be available for occupancy from 3pm on the agreed day of the client's arrival. The
   client is not entitled to occupy the room earlier than this.

3. On the agreed day of departure, the client must vacate the room by 12pm at the latest. If the client fails to
   vacate the room by 6pm, the Hotel shall be entitled to charge 50% of the full room rate (as published in the
   price list), and if the client has still not cleared the room after 6pm, the Hotel shall be entitled to charge
   100% of the full room rate. This shall not constitute a contractual claim on the part of the client. The client
   shall be free to prove that the Hotel has no claim or a much lower claim to compensation.

VII. Liability of the Hotel

1. The hotel shall be liable for ensuring that it performs its obligations under this agreement with the due care
   and diligence of a prudent businessman. Damage claims on the part of the client shall be excluded. This
   does not apply to claims relating to death, bodily injury or damage to health in cases involving a breach of
   duty by the Hotel, to claims relating to damages caused as a result of an intentional or gross breach of duty
   by the Hotel, or to claims relating to damages caused as a result of the intentional or negligent breach by
   the Hotel of obligations typical of the contract. A breach of obligation by a legal representative or vicarious
   agent of the Hotel shall constitute a breach of obligation by the Hotel. The Hotel shall endeavour to remedy
   any interferences with or defects in the performance of this contract as soon as it becomes aware of them
   or as soon as it receives notification from the client, such notification to be given immediately. The client is
   obliged to take any reasonable action to remedy the problem and to keep potential damage to a minimum.

2. The hotel's liability vis-à-vis the client for property brought into the hotel shall be limited in accordance with
   the statutory provisions, i.e. to up to one hundred times the room rate, and shall not exceed € 3,500. The
   hotel's liability for money, valuables and precious objects shall be limited to € 800. Money, valuables and
   precious items with a maximum value of up to € 2,500 may be kept in the hotel safe or room safe. The
   hotel recommends that clients avail themselves of this option. Liability claims shall lapse if the client does
   not inform the Hotel immediately upon becoming aware of loss, destruction or damage to property (§ 703
   German Civil Code).

3. With regard to more far-reaching liability on the part of the Hotel, no. 1 sentences 2 – 4 above apply.

4. The allocation of parking space in the hotel garage or hotel car park, even against payment of a fee, does
   not constitute a custody agreement. The hotel accepts no liability for loss or damage to any vehicle, or the
   contents thereof, which occurs on hotel property, except in the event of intent or gross negligence. The
   same applies to the hotel's vicarious agents.

5. The hotel will exercise great care in carrying out wake up calls. Damage claims, except in cases of gross
   negligence or intent, shall be excluded.

6. Any messages, mail or goods which arrive for guests will be handled with care. The hotel will deliver, hold,
   and, for a fee, forward messages, mail and goods. Damage claims, except in cases of gross negligence or
   intent, shall be excluded.

VIII. Final Provisions

1. Amendments and additions to the contract, to the acceptance proposal and to these Terms and Conditions
   must be made in writing. Ex parte amendments or additions by the client are not valid.

2. Place of delivery and place of payment shall be place in which the hotel is located.

3. The exclusive place of jurisdiction for all commercial transactions, including for disputes concerning cheques
   or bills of exchange, shall be the place where the company has its registered office. Should one of the
   parties to the contract not have a place of general jurisdiction in Germany pursuant to § 38 (2) German
   Code of Civil Procedure, the place of jurisdiction shall be the place where the company has its registered

4. German law shall apply.

5. Should any of the provisions of these General Terms and Conditions for Hotel Accommodation Contracts be
   invalid or void, the validity of the other provisions shall not be affected. Statutory provisions shall also

6. Separate terms and conditions shall apply to organized functions.