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General Terms and Conditions

Hotel Accomodation

I. Scope, contract language

1.1.  These General Terms and Conditions apply to all agreements made between the guest and Hotel MutterHaus Düsseldorf GmbH, Geschwister-Aufricht-Straße 1, 40489 Düsseldorf – “Hotel”– regarding the rental of hotel rooms for lodging purposes – “Lodging Agreement” – whether they be concluded in person, via the Internet pages of the hotel, by telephone, in writing, by fax or email. These General Terms and Conditions also apply to agreements regarding other goods and services provided or performed by the Hotel in connection with the Lodging Agreement.

1.2.  Terms and conditions proposed by the guest which differ from these General Terms and Conditions are not a constituent part of the Lodging Agreement even if acknowledged unless the Hotel agrees expressly in writing to their validity.

1.3.  A consumer is any natural person concluding a legal transaction that is primarily neither commercial nor ascribable to his or her self-employed occupation. A company is a natural or legal person or an incorporated partnership which is engaging in its commercial or self-employed business activity when concluding a transaction.

1.4.  The contract language is German. Any English translation is solely for information purposes. In cases of dispute, the German wording applies.

II. Conclusion of contract, amendment and storage of contract wording

2.1.  Contracting parties are the Hotel and the guest. In cases in which both parties are present at the conclusion of the Lodging Agreement and in the case of booking by telephone, the Lodging Agreement is concluded by the Hotel’s acceptance of the guest’s request. In the event of a telephone booking, the Hotel sends a booking confirmation to the guest by email.

2.2.  The guest can also use the online booking form available on website. The range of services described on the Hotel’s website is not a binding offer proposed by the Hotel but is an invitation to the guest to submit a proposal. Filling out and submitting the online booking form does not constitute a Lodging Agreement between the guest and the Hotel. The guest submits a binding proposal to conclude a Lodging Agreement with the Hotel when he or she clicks the “order with obligation to pay” button as the last booking step. The guest can use the “back” function of his or her browser to go back and correct or delete information at any stage of the booking process. The Lodging Agreement is concluded when the guest receives a booking confirmation by email immediately – or within two working days at the latest – after submitting the booking.

2.3.  Informal enquiries regarding the Hotel’s services may be made by letter, email, fax or via the electronic enquiry form on the website. In response, the Hotel will make a non-binding offer in written form (e.g. by email) to the enquirer which he or she may accept within a period of five days, unless another term is set by the Hotel. The Hotel will confirm the conclusion of the contract by sending a booking confirmation by email.

2.4.  The booking confirmation contains the contract and the Hotel’s general terms and conditions. The contract will be electronically stored for a certain period by the Hotel and is no longer available via the Internet for security reasons after the booking is completed. This does not affect the prescriptions of tax and commercial law.

2.5.  The Hotel advises the guest that some of the information necessary for the conclusion of the contract (e.g. the booking confirmation) is sent automatically by email and that the guest should ensure that he or she can receive emails and in particular that they are not blocked by SPAM filters.

III. Performance

3.1.  The Hotel is obligated to keep the room booked by the guest in readiness and to provide the services agreed. The contractually agreed services are detailed in the booking confirmation.

3.2.  The guest is obligated to pay the price charged by or agreed with the Hotel for providing a room and/or services. The same applies for services supplied by third parties booked by the guest either directly or via the Hotel and for which the Hotel pays in advance.

3.3. Where the guest makes use of any options during the booking process to make non-contractual special requests, such special requests are always without obligation. The guest has no entitlement to the fulfilment of non-contractual special requests by the Hotel.

IV. Prices, terms of payment, deposit

4.1. All prices are to be understood as inclusive of statutory value added tax and other levies, particularly the local “Bettensteuer” in support of culture and art. Levies imposed by public bodies, such as a visitors’ tax (“Kurtaxe”), are not included in the price. These are to be paid by the guest and any fellow travellers on arrival at the Hotel in accordance with the relevant local tariffs.

4.2. In the event that changes are made to the statutory value added tax or new levies are imposed or existing levies are amended or abolished after the conclusion of the contract, the prices will be amended accordingly. For contracts with consumers, this applies only if the period between conclusion and performance exceeds four months.

4.3. Invoices issued by the Hotel without a payment date are to be paid in full within 14 days of receipt. The Hotel may demand immediate payment of accounts at any time. If the guest is in arrears on payment of a charge, the Hotel is entitled to demand interest at a rate of 5 percentage points over base rate. If a guest who is not a consumer is in arrears on a demand for payment, the Hotel is entitled to demand interest at a rate of nine percentage points above the base rate and the payment of a flat-rate sum of 40.00 EUR. The flat-rate sum is to be deducted from any compensation to be paid where the damages are caused by the costs of asserting the Hotel’s legal rights.

4.4. The Hotel is entitled to demand a reasonable advance payment of up to 25% of the agreed sum or the provision of security in the form of a credit card guarantee or a deposit of up to 25% of the agreed sum. The exact amount to be paid in advance and the due dates for payment are agreed in writing (e.g. email) by the Hotel and the guest. In variance from the first sentence above, if the booking takes place via the online booking form, security must always be provided in the form of a credit card guarantee. The first and second sentences above do not affect statutory regulations for package holidays.

4.5. At any time between conclusion of the contract and commencement of the stay, the Hotel is entitled to demand advance payment or provision of security in the terms of 4.4 above, or may increase the amount of the advance payment or deposit agreed in the contract, even as far as demanding full payment if the guest is in arrears or if the scope of the contact is expanded..

4.6. Package deals, special offers, discounts and other reductions may not be combined. Special rates offered to companies or persons may not be transferred to third parties.

V. Withdrawal by the guest (cancellation of reservation) or non- appearance (no show)

5.1. If the guest cancels the room reservation or does not appear on the scheduled day of arrival, the Hotel is entitled to offer the reserved room to a third party.

5.2. Insofar as a deadline for withdrawal from the contract without penalty has been agreed between the Hotel and the guest, the guest may withdraw from the contract before that date without giving rise to claims for payment or compensation by the Hotel. The guest loses his or her right to withdraw without penalty if he or she does not exercise in writing his or her right to withdraw before the agreed date. After this date, the guest has the right to withdraw in accordance with statutory regulations.

5.3. If no right to withdraw has been agreed or if it has already expired, or if there is no statutory right to withdraw or to terminate a contract and if the Hotel does not agree to terminate the contract, the Hotel retains its right to the agreed payment even if the guest does not make use of the service. The Hotel credits the income resulting from renting the room to a third party and the expenses saved to the guest’s account.

5.4. If the room is not rented to a third party, the Hotel may choose to demand payment of a flat-rate withdrawal fee instead of exact compensation. This flat-rate fee consists of the contractually agreed sum minus an allowance for expenses. In such a case, the guest is obligated to pay the following flat-rate charges:

  • For a room with or without breakfast and for package deals with third-party content: 90% of the agreed price
  • For half-board reservations: 70% of the agreed price
  • For full board reservations: 60% of the agreed price

5.5.  The guest is at liberty to show that services under 5.3 and 5.4 above have not been performed to the degree claimed.

5.6.  Guests’ are invited to think about taking out travel cancellation insurance.

VI. Withdrawal by the Hotel

6.1.  The Hotel is entitled to withdraw from the contract if a service provided by the contractual party as agreed and due under 4.3 to 4.5 above is not performed despite the elapse of a reasonable period of grace and threat of cancellation.

6.2.  The Hotel is also entitled to withdraw extraordinarily from the contract for good cause, particularly in the event of an infringement of 7.2 below of these General Terms and Conditions or if the purpose of or reason for an event is unlawful or if the room has been reserved using intentionally false or misleading material information regarding the guest and the Hotel has suffered material damage as a result of this behaviour.

VII. Room allocation and use

7.1.  The rooms allocated are intended for accommodation purposes only.

7.2.  Sub-letting or letting the allocated rooms to third parties or using the rooms for purposes other than accommodation requires the prior permission of the Hotel in writing. In such case, the second sentence of § 540 (1) of the Civil Code (BGB) will be waived if the guest is not a consumer.

7.3.  The guest has no entitlement to the use of a specific room unless the contracting parties have expressly agreed otherwise.

7.4.  Booked rooms are available for use by the guest from 15:00 onwards unless otherwise agreed. The guest has no entitlement to access booked rooms earlier.

7.5.  Rooms are to be cleared by 10:00 at the latest on the day of departure unless otherwise agreed. If the room is cleared after this time but before 18:00, the Hotel is entitled to charge 50% of the valid price for an overnight stay in the room. If the room is cleared after 18:00, the hotel is entitled to charge 90% of the price of an overnight stay. This does not give rise to any contractual entitlements on the part of the guest.

7.6.  The guest is at liberty to show that the entitlement detailed in 7.5 above has not arisen or has not arisen to the degree claimed.

7.7.  The Hotel is a non-smoking environment. Smoking is not permitted anywhere in the Hotel except the designated rooms and areas.

VIII. Liability

8.1.  The Hotel’s liability is in line with statutory regulations. The relevant sections of the Civil Code (§ 701 ff BGB) apply for objects brought into the Hotel by guests. The Hotel recommends that guests use the Hotel’s safe or the safe in their room, where available.

8.2.  As part of his or her duty of damage mitigation, the guest is expected to take reasonable steps to rectify faults, to mitigate any damage as far as possible and to inform the Hotel of any damage or faults without delay.

IX. Data protection

9.1.  Data protection in Germany is governed by the provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). In the course of fulfilling the contract, the guest’s personal data may be collected, stored and processed. Personal data is used only to fulfil the contract as intended. The guest declares that he or she agrees to the use of his or her personal data for these purposes.

9.2.  In all other matters, the data protection regulations that can be accessed on the Hotel’s website apply.

X. Final provisions and court of jurisdiction 

10.1. All legal transactions between the guest and the Hotel are subject to the laws of the Federal Republic of Germany exclusive of the United Nations Convention on the International Sale of Goods. The first sentence above applies to consumers only insofar as the laws of the Federal Republic of Germany do not directly undermine binding provisions of the law in the state in which the consumer has his or her permanent residence.

10.2. Place of performance, payment and jurisdiction – also in disputes regarding cheques and bills – for commercial transactions is Düsseldorf. In the event that a contractual party fulfils the conditions of § 38 (2) of the Code of Civil Procedure (ZPO) and does not have a court of jurisdiction in the Federal Republic of Germany, the court of jurisdiction is Düsseldorf.

10.3. Should any of these provisions be or become legally invalid or inexecutable, this does not affect the validity of the other provisions. The invalid or inxecutable provision is replaced by statutory regulation.

Düsseldorf, March 2016