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General Terms and Conditions of Hotel Sylter Hof, Berlin for Hotel Accommodation Contracts

1        Scope of Applicability

1.1     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 to the customer in this context (Hotel Accommodation Contract).

1.2     The hotel’s prior consent in written form is required if rooms provided are to be sublet or rented to a third party, or used for other than lodging purposes.

1.3     The customer’s general terms and conditions shall apply only if these are previously expressly agreed.

2        Conclusion of Contract, Parties, Statute of Limitations

2.1     The contract shall come into force upon the hotel’s acceptance of the customer’s offer. At its discretion, the hotel may confirm the room reservation in written form.

2.2     Where a third party makes a reservation on behalf of the customer, such third party shall be liable to the hotel together with the customer as joint and several debtors for all obligations under the hotel accommodation contract provided that the hotel has obtained a corresponding declaration from the third party concerned.  

2.3     Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period. This shall neither apply to damage claims nor to claims which are based on an intentional or grossly negligent breach of obligation by the hotel.

3        Services, Prices, Payment, Set-Off

3.1     The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.

3.2     The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services accepted. This also applies to services ordered by the customer directly or via the hotel, which a third party provides and the hotel disburses.

3.3     The agreed prices include all taxes in effect at the time of the conclusion of contract. This does not include locally levied taxes, which are owed by the guest himself according to the particular municipal law, such as visitor’s tax.

3.4     If the statutory value added tax is changed or if local taxes concerning the rooms and services are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted. This only applies to contracts concluded with consumers, if four months have passed between the conclusion and fulfilment of the contract.

3.5     If the interval between closing and performance exceeds for months and if there is an increase in the price generally charged by the hotel for the given service, the hotel may reasonably raise the contractually agreed price, not, however, by more than 5%.  

3.6     The hotel can make its consent to the customer’s later request for a reduction of the number of reserved rooms, services of the hotel or the customer’s length of stay dependent on the increase of the price for the rooms and/or for the other services.

3.7     Hotel invoices not stating a due date are payable without deduction and due within ten days of receipt of the invoice. A bill is deemed received by the customer no later than 3 days after its dispatch unless earlier receipt can be proven by the hotel or later receipt by the customer. The hotel may at any time declare accounts receivable mature and ask for immediate payment. In case of default in payment, the hotel is entitled to charge the applicable statutory default interest. The hotel reserves the right to prove greater damage.

3.8     The hotel is entitled to demand at contract conclusion or also after the conclusion a reasonable advance payment or a security deposit. The amount of the advance payment and payment dates may be agreed in writing in the contract

3.9     The customer may only set-off, reduce or clear a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.

4        Withdrawal of the Customer (Cancellation, Annulment)/    
Failure to Use Hotel Services (No Show)

4.1     The customer can only withdraw from the contract concluded with the hotel, if a right of withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal exists or if the hotel gives its explicit consent to the withdrawal. The contractual agreement of a right of withdrawal as well as the consent to withdrawal from the contract shall be in written from.

4.2     Insofar as the hotel and customer have agreed upon a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal shall expire, if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.

4.3     If a contractual right of withdrawal was not agreed or has expired, a statutory right of withdrawal or cancellation is not given and the hotel does not give its consent to the cancellation of the contract the agreed hotel services shall be paid regardless of whether the customer avails himself of the contractual services. The hotel must credit the income from renting the rooms to other parties as well as for saved expenses. If the rooms are not rented otherwise, the hotel can demand the contractually agreed rate and assess a lump sum for the saved expenses of the hotel. In this case, the customer is obligated to pay at least 90% of the contractually agreed rate for lodging with or without breakfast as well as all-inclusive arrangements with contracted services, 70% for half-board and 60% for full-board arrangements. The customer is entitled to prove that the above-mentioned claim has not accrued at all or has not amounted to the demanded sum.

5        Withdrawal of the Hotel

5.1     Insofar as it was agreed that the customer can withdraw from the contract at no cost within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period of time if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by the hotel with a reasonable deadline set, does not waive his right of withdrawal.

5.2     If an agreed advance payment or an advance payment or a security demanded is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.

5.3     Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if

-   force majeure or other circumstances beyond the hotel’s control render the fulfillment of the contract impossible;

-   rooms or spaces are reserved with culpably misleading or false information or concealment regarding essential facts; the identity or solvency of the customer or the purpose of his stay can constitute essential facts;

-   the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization;

-   the purpose or the cause of the stay is illegal;

-   there is a breach of the above-mentioned No. 1.2.

5.4     The justified withdrawal by the hotel constitutes no claims for damages for the customer.

6        Room Availability, Delivery and Return

6.1     The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed.

6.2     Reserved rooms are available to the customer starting at 3:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability. Unless a later time of arrival has been expressly agreed upon or the respective room has been paid in advance, the hotel is entitled to let the booked room to another party after 6:00 p.m. without the customer being able to derive a claim against the hotel from this fact. There is no obligation to let the room to another person.

6.3     Rooms must be vacated and made available to the hotel no later than 11:00 a.m. on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the hotel may charge 50% of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 100%). The customer is at liberty to prove that the hotel has no or a much lower claim for charges for use of the room.

6.4     The Hotel offer only non-smoking rooms, therefore in all guest rooms and public areas is considered a general ban on smoking.

7        Liability of the Hotel

7.1     The hotel is liable for harm inflicted on life, limb and physical health. Further it is liable for other damage caused with full intent or gross negligence or due to intentional or grossly negligent violation of obligations typical for the contract. A breach of obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or vicarious agent. All other claims for damages are excluded, if not determined differently in this No. 7.

7.2     Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection by the customer made without undue delay. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.

7.3     The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions. It recommends the use of the hotel or room safe. If the guest wishes to bring with him money, securities, stocks, bonds or valuables with a value of more than 800 EUR or other things with a value of more than 3.500 EUR, a separate safekeeping agreement is necessary.

7.4     The hotel will deliver items left behind from the guest on request and for charge. The hotel will store such items for six month. 

7.5     Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. In case of loss or damage in this manner parked motor vehicles or their contents the hotel is not liable, except for willful misconduct and gross negligence.

7.6     Wake-up calls are carried out by the hotel with the greatest possible diligence.      
Messages, mail, and merchandise deliveries for guests shall be handled with care. The hotel will deliver, hold, and, for a fee, forward such items (on request). The hotel only assumes liability according to the preceding No. 7, sentences 1 to 4.

7.7     In so far as the hotel provides Internet access, connections and networks, the customer shall hold the hotel free and harmless of all and any third-party claims arising from the unlawful use of the Internet connection. The hotel is not liable for any damage to property suffered by the customer from using the Internet or the networks.

8        Final Provisions

8.1     Amendments and supplements to the contract, the acceptance of offers or these general terms and conditions should be made in written form. Unilateral amendments or supplements by the customer are invalid.

8.2     For commercial transactions the place of performance and payment as well as, in the event of litigation, including disputes for checks and bills of exchange, the exclusive court of jurisdiction is at Berlin. Insofar as a contracting party fulfills the requirements of section 38, para. 2 of the German Code of Civil Procedure (ZPO) and does not have a place of general jurisdiction within the country, the courts at Berlin, Germany, shall have exclusive jurisdiction.

8.3     The contract is governed by and shall be construed in accordance with German law.

8.4     Should individual provisions of these general terms and conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.

Berlin, Oktober 2015