General Terms and Conditions of Business (T+Cs)
I. Area of validity
- These General Terms and Conditions of Business (hereinafter: ‘T+Cs’) apply to contracts regarding the cession of hotel rooms as well as all further services and deliveries by the hotel in this context.
- A customer’s T+Cs apply only if this is expressly agreed in writing.
- The contractual language is German.
II. Customer information on booking on the website
The technical steps to conclude a contract are as follows:
- On the hotel website, click the ‘Book Online’ button to reach the online booking form. This opens in a new window and runs under the address www.booking.viatocrs.de.
- You can choose between German and English to make the booking. Enter the desired data into the search engine, such as the period of time, number of guests/rooms. A selection of rooms for the desired period of time is then displayed. On this page, you can view information on the rooms, e.g. the furnishings, price details (including VAT), and you can also book extras such as a parking space. To save your selection, click the ‘Continue to the Personal Data’ button.
- You now reach the page to enter your personal details. You also need to determine the method of payment here (credit card) and you can take out insurance. To proceed to a summary page on which you can confirm your personal and other data, as well as the payment arrangement, click the ‘Continue to Summary’ button.
- To submit a legally binding offer, click the Make a Binding Booking button. To carry out the booking, click the T+Cs to accept them and adopt them into your offer. You need to set the tick mark in the relevant field. You can also save the T+Cs in a reproducible form and/or print out the T+Cs. The hotel will then confirm to you by e-mail that it has received the booking (booking confirmation). The booking confirmation also contains the respective valid T+Cs.
- The booking becomes legally binding when you click the Make a Binding Booking button.
- If the booking is made via the website by a consumer according to § 13 German Civil Code (therefore, a natural person carrying out the booking for a purpose that cannot be attributed to either his or her commercial or self-employed professional activity), the transaction in principle is a so-called distance selling transaction according to § 312 c German Civil Code. In the case of a transaction covered by the German Distance Selling Act, the consumer may be entitled in principle to a right of revocation as laid down by § 312 g section 1 German Civil Code in connection with § 355 German Civil Code. Express reference is made to the fact that if hotel services are booked through the website, consumers are not entitled to a right of revocation according to § 312 g section 2 sentence 1 no. 9 German Civil Code.
III. Contractual conclusion, partners, content; statute of limitation
- The hotel’s offers are always non-binding. When rooms and extras are presented and advertised on the website, this is not a binding offer to conclude a contract. The contract comes into being when the hotel accepts the reservation or booking respectively. If the payment is made by credit card, the acceptance is under the reservation of the guest’s credit card details being authorised or receipt from the customer’s financial institution that the customer has account funds to cover the accommodation costs. The hotel has the right to confirm the booking in writing.
- The contractual partners are the hotel and the customer. If a third party has ordered for the customer, this third party together with the customer is liable towards the hotel as a joint and several debtor for all obligations from the contract insofar as the hotel holds an associated declaration by the third party.
- The customer is not entitled to be provided with specific rooms. The customer is duty bound to treat the rented room as well as the furnishings and systems contained therein and the communal areas with consideration and care. Insofar as nothing else is agreed, hotel rooms can be occupied on the arrival day starting from 2.00 p.m. (check-in time); the customer is not entitled to occupy a room before this time.
- On the agreed departure day, the rooms shall be cleared and handed back to the hotel by 11.00 a.m. (check-out time) at the latest. After 11.00 a.m., the hotel may invoice 50 % of the full room price until 6.00 p.m. owing to the room not having been cleared in a timely manner beyond the use agreed in the contract; after 6.00 p.m. 100 % may be invoiced. The customer cannot justify contractual entitlements based on this. The customer may demonstrate that the hotel has incurred no entitlement or a significantly lower entitlement to a use fee.
- The sub-letting and further letting of the ceded hotel rooms is generally prohibited and requires the prior written consent of the hotel.
- If a guest is provided with a parking space in the hotel garage, either for a fee or free of charge, this does not give rise to a storage contract. The hotel does not incur a duty to monitor the parking space.
- Taking food, drinks and furnishings into the rooms is generally prohibited. Exceptions require a written agreement. Smoking is banned in all of the hotel’s enclosed rooms.
- All entitlements against the hotel reach the statute of limitations in principle in one year starting from the commencement of the limitation period of § 199 section 1 German Civil Code, upon the entitlement arising or becoming known, or the entitlement not becoming known due to negligent lack of knowledge. The regulation of § 475 II German Civil Code remains unaffected. Entitlements to compensation reach the statute of limitation in five years, irrespective of when the entitlements become known. The reductions in the statute of limitations do not apply to entitlements based on the hotel’s intentional or grossly negligent violation of duty.
IV. Prices, payment
- Customers are duty bound to pay the valid or agreed prices of the hotel for the accommodation as well as further services of which they have availed themselves. This applies also to services initiated by the customer and expenses rendered to third parties by the hotel.
- Valid means of payment are – insofar as nothing else is expressly agreed – cash in euros, EC (debit) card, MasterCard, Visa and American Express in euros. If in a specific case a payment is agreed in foreign currency, exchange rate differences are borne by the party rendering payment. Downpayments in foreign currency are not accepted.
- Invoices from the hotel shall be paid in full within three days of them being received, however no later than 30 days after departure. In the case of payment arrears, the hotel is entitled to charge interest of 9 % p. a. towards businesses. If the customer is a consumer, the hotel is authorised to charge interest of 5 % p.a. in the case of payment arrears.
- The hotel is authorised to demand at any time an appropriate advance payment or security (e.g. by credit card). Certain price types necessitate a full advance payment at the time of booking. In such cases, it is not possible to cancel or re-schedule the booking. The advance payment is not reimbursed either. As counterperformance, the guest receives an effective price benefit. Insofar as the level of advance payment and payment deadline are not agreed in writing differing from this, the following advance payments are agreed: Booking 5 rooms or more: 80% deposit by 42 calendar days before arrival, at the latest
- A pledge is created by the deposit of all items of any kind brought onto the hotel premises by the customer with respect to all claims in the context of the above contract.
- The form of invoicing (recipient) shall be reported to the hotel appropriately upon ordering or upon the end of service provision at the latest. Complaints on the invoicing shall be reported to the hotel immediately upon such invoices being raised.
- The customer may offset a demand against a hotel demand or reduce a demand only if the former is undisputed or legally enforceable.
V. Withdrawal by the hotel
- If an agreed advance payment is not rendered even after expiry of an appropriate period of grace set by the hotel, the hotel is authorised to withdraw from the contract.
- Moreover, the hotel is authorised to withdraw from the contract for a tangibly justifiable reason, such as if
- force majeure or other circumstances for which the hotel is not culpable make it impossible for the contract to be fulfilled,
- accommodation is taken up under misleading or incorrect provision of fundamental facts, e.g. relating to the customer or purpose of the stay,
- the hotel has justified reason to believe that the use of the accommodation will endanger orderly procedure of business, security/safety or reputation of the hotel in public without this being attributable to the management or organisation of the hotel, or
- the aforementioned point III. 4 is violated.
3. The hotel shall inform the customer immediately that the right of withdrawal is being exercised.
4. If the hotel rightfully withdraws from the contract, no entitlement to compensation arises. Any entitlements pursuant to point VII remain unaffected.
VI. Withdrawal (cancellation) by the customer
- The customer may withdraw from the contract only if a right to do so was expressly agreed therein, if a different statutory right of withdrawal exists or if the hotel expressly consents to the contract being cancelled. The agreement on a right of withdrawal as well as any consent to contract cancellation shall take place in each case in writing (letter, fax or e-mail).
- Insofar as a deadline was agreed between the hotel and the customer regarding the free-of-charge withdrawal from the contract, the customer has until this deadline to withdraw without triggering payment or compensation entitlements on the part of the hotel. A customer’s right of withdrawal becomes obsolete if he or she does not inform the hotel by this deadline that the right to withdrawal is being exercised.
- If a right to withdrawal is not agreed or has already expired, there is also no statutory right to withdrawal or termination and the hotel does not consent to a contractual cancellation, the hotel retains the entitlement to the agreed remuneration despite the fact that the customer has not availed of the service. The hotel shall deduct the income from the rooms being otherwise let as well as saved expenditure. If the rooms are not otherwise let, the hotel may make blanket deductions for the saved expenditure. In this case, the customer is duty bound to pay at least 90 % of the contractually agreed price for overnight stay without breakfast, 80 % of the contractually agreed price for overnight stay with breakfast, as well as 70 % for half-board and 60 % for full-board packages. The customer has the right to produce evidence that the aforementioned entitlement has not arisen or has not arisen to the demanded level.
VII. Hotel’s liability
- Entitlements to compensation, irrespective of the legal basis thereof, are ruled out unless the hotel is culpable of intent or is liable for its own gross negligence or gross negligence of its statutory representatives or senior employees, as well as its other vicarious agents, or the entitlement to compensation arises from the violation of duties fundamental to the contract. Liability existing here is restricted in all cases of simple negligence to the level of contractually typical, foreseeable damage. The liability for damage arising from injury to life, body or health remains unaffected.
- The hotel is liable towards the customer for items they have brought to the hotel according to §§ 701 et seqq. German Civil Code. This states that liability is restricted to one hundred times the cost of the room price, however up to a maximum of € 3,500.00 or € 800 for money and valuables.
- The hotel is liable pursuant to section 1 for damage to a customer’s vehicle parked in a space in the hotel garage if the damage is caused by the hotel, its employees or contractors. The customer is duty bound to report such damage immediately; evident damage shall be reported by all accounts before leaving the hotel garage / car park. The hotel is not liable in relation to customers for damage that was caused solely by other customers/guests or other third parties. The hotel shall not be liable towards customers for damage to the possessions of third parties which are caused by the customer’s vehicle. Liability for death, personal injury or damage to health as well as liability for intent and gross negligence of the hotel shall remain unaffected.
VIII. Customer’s liability
- The customer is liable according to the statutory provisions for damage to the building, rooms and/or inventory he or she has caused, or caused by family members or guests, event participants or visitors respectively, employees or other third parties to whom use of the room has been ceded or to whom the customer has granted access and with the damage having arisen from violations to the duties of consideration and care to which such persons were duty bound. Please be aware that smoking in the hotel’s enclosed rooms is also tantamount to property damage. The customer shall report to the hotel damage to the room or to the furnishings contained therein immediately. It is the customers’ responsibility to insure themselves for such cases of liability. The hotel is authorised to demand evidence of appropriate insurance.
- The duty of replacement includes all costs incurred by the hotel for rectifying the damage, as well as all costs arising from consequential damage, particularly for lost revenue for the period in which the room cannot be further let due to the damage.
IX. Closing provisions
- Amendments or supplements to the contract, including this requirement for written form, must be placed in writing.
- Place of fulfilment and payment is the hotel’s Registered Office.
- Exclusive place of jurisdiction for disputes from this contract in commercial transactions is the hotel’s Registered Office: Munich. If the customer does not have a general place of jurisdiction in Germany, the place of jurisdiction is also the hotel’s Registered Office: Munich.
- German law applies.
Should individual provisions of these T+Cs be ineffective or become so, the effectiveness of the remaining provisions remains unaffected by this. The same applies in the case of contractual loopholes. For the rest, the statutory provisions apply.