Terms of Contract
General Terms and Conditions for Hotel Accommodation Contract
I. Scope of Applicability
1. These Terms and Conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel for the customer in this connection (Hotel Accommodation Con- tract). The term »Hotel Accommodation Contract« comprises and replaces the following terms: accommodation, lodging, hotel, hotel room contract.
2. The prior consent in text form of the hotel is required if rooms provided are to be sublet or rented to other parties or used other than for lodging purposes, whereby section 540, para. 1,sentence 2 German Civil Code is waived insofar as the customer is not a consumer.
3. The customer’s general terms and conditions shall apply only if these are previously expressly agreed in text form.
II. Conclusion of Contract, Parties, Liabilitym Statude of Limitations
1. The contract shall come into force upon the hotel’s acceptance of the cus- tomer’s application. At its discretion, the hotel may confirm the room reservation in text form.
2. The parties to the contract are the hotel and the customer. If a third party placed the order on behalf of the customer, then that party shall be liable vis-ΰ-vis the hotel for all obligations arising from the hotel accommodation contract as joint and several debtor together with the customer, insofar as the hotel has a corresponding statement by the third party.
3. Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period. Damage claims shall be time-barred after five years, independent of knowledge insofar as they are not based on claims arising out of death, injury to body, health or liberty.These damage claims shall be time-barred after ten years, independent of knowledge. The reduction of the statute of limitation periods shall not apply for claims which are based on an intentional or grossly negligent breach of obliga- tion by the hotel.