I. Scope, definitions, language of contract
1.1. These General Terms and Conditions (GTC) shall apply to all contracts – hereinafter “Hotel Accommodation Contract” – concluded in person or via the Hotel’s website or by telephone or in writing or by fax or e-mail between the customer and HOTEL MUTTERHAUS DÜSSELDORF GmbH, Geschwister-Aufricht-Straße 1, 40489 Düsseldorf, Germany – hereinafter the “Hotel” – for the rental of hotel rooms for the purpose of accommodation and for other related services supplied by the Hotel. Separate terms and conditions of business apply to the booking of event rooms and for group and quota reservations; these will be made available to the customer in due time.
1.2. Pre-formulated terms and conditions of the customer that deviate from these GTC shall not form part of the contract even if the Hotel is aware of them, unless the Hotel expressly agrees to their validity in writing.
1.3. The following additional definitions form the basis of these GTCs:
“Consumer“ means all natural persons who conclude legal transactions for purposes which cannot be predominantly attributed to their commercial or self-employed professional occupation.
In contrast, “Entrepreneur” means natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or self-employed professional occupation when concluding a legal transaction.
“Cancellation” means notification of withdrawal from the Hotel Accommodation Contract prior to the agreed or planned check in date.
“Text form” is a readable notification in which the person making the notification is named, and which is submitted on a durable data carrier, e.g. an e-mail or a fax. A “durable data carrier” is any medium which enables the recipient to keep or store a declaration on the data carrier addressed to them personally in such a way that it is accessible to them for a period of time appropriate for its purpose and is suitable for reproducing the declaration unchanged, e.g. a printout or a PDF attachment to an e-mail.
“Without delay“ means without negligent delay.
1.4. Booking can be carried out via the hotel’s website in German, Dutch or English. The language is selected by the customer by means of the corresponding function on the website (flag icons).
1.5. The language of the contract is German and this shall also form the basis of any legal assessment and interpretation. The use of another language is for information purposes only.
II. Information on consumer dispute resolution
In accordance with its legal obligations, the Hotel points out that the European Union has set up an online platform for the extrajudicial settlement of consumer disputes (“ODR Platform”): https://ec.europa.eu/consumers/odr/ The Hotel endeavours to settle any differences with the customer arising from consumer contracts in an amicable manner. In the event of any complaints, the customer may contact info@hotel-mutterhaus. Any claims shall not expire during this process. If no agreement is reached, the customer shall have the right to resort to legal action without an attempt at dispute resolution by a state-recognised body. In the absence of a legal or voluntary obligation, HOTEL MUTTERHAUS DÜSSELDORF GmbH shall not participate in the procedure for out-of-court settlement of civil disputes in accordance with the Act on Alternative Dispute Resolution in Consumer Matters (VSBG).
III. Contractual partners, conclusion of contract
3.1. Contractual partners are the Hotel and the customer.
3.2. The Hotel Accommodation Contract is concluded when the Hotel accepts the contractual partner’s proposal and confirms the room booking in text form. For bookings concluded in electronic transactions, i.e. if the Hotel makes use of telemedia for the purpose of concluding the contract for the delivery of goods and/or the provision of services, in particular bookings via the hotel’s website, Clause IV of the GTC shall apply in deviation to the above (see Sect. 312 i Para. 1 BGB [Civil Code]).
3.3. It is also possible to request the services of the hotel without obligation by letter, e-mail, fax or by using the electronic request form on the website. In this case, the Hotel will submit a binding offer in text form (e.g. e-mail), which can be accepted within 5 days – subject to a different deadline in the Hotel’s offer.
3.4. The customer is obliged to inform the Hotel promptly and no later than at conclusion of the contract whether and to what extent the customer’s person or circumstances known to the customer may jeopardize the smooth operation and/or safety of the hotel or the hotel’s public reputation if the services agreed in the Hotel Accommodation Contract are taken up.
3.5. In order to protect customers and staff, the Hotel shall have the right to withdraw from a contract in the following circumstances: a) If the customer and/or accompanying travellers enter the Federal Republic of Germany either directly from a high-risk area or after visiting a high-risk area within a period of 14 days before entering Germany (categorisation as an area with risk of infectious diseases with possibility of person-to-person transmission by the Federal Foreign Office, the Robert-Koch-Institute or the WHO within 28 days or more of the planned arrival day). The right of withdrawal shall not apply if the customer and/or the accompanying traveller(s) is/are in possession of a medical certificate (a PCR test – Polymerase Chain Reaction – not older than 48 hours upon arrival confirming that there are no indications of infection with the corona virus SARS-CoV-2) and present(s) this immediately to HOTEL MUTTERHAUS DÜSSELDORF and, upon request, to the relevant authorities. b) If the customer and/or accompanying travellers enter(s) the Federal Republic of Germany from an area with a variant of the virus/a high incidence area c) If the customer and/or accompanying travellers would have to quarantine in the Hotel in consequence of an official directive. In the event of withdrawal, the performance of services received and emoluments taken shall be returned, and neither party shall be liable for damages, provided the withdrawal was exercised in a permissible manner. Please refer to the following websites: https://www.land.nrw/corona-mulitlingual and www.einreiseanmeldung.de (Coronavirus Protection Ordinance, Coronaschutzverordnung and the Ordinance on Coronavirus Entry Regulations). These regulations contain specific instructions for staff and guests. As the regulations are changing constantly we ask all our guests to check the current status when planning their journey and again immediately before arrival in Germany.
4.2. The customer can at any stage of the process in the terms of Clause 1 make use of the usual browser, keyboard and functions (such as the “Back” button in the browser) to check and correct or delete inputs as necessary. The customer’s selections and information inputs are shown in an overview before the online booking form is submitted; at this stage the customer can make any necessary changes by means of the usual keyboard and mouse functions.
4.3. The text of the contract is stored by the Hotel for a limited period for the purpose of processing the contract and for security reasons is no longer completely accessible to the customer via the Internet once the booking form has been sent. After the contract has been fully executed, the data will be deleted or blocked for further use, unless the Hotel is subject to mandatory obligations under tax or commercial law to retain it.
4.4. The communication necessary to conclude the Hotel Accommodation Contract is partly automated. It is the customer’s responsibility to ensure that the receipt of e-mails concerning the booking is technically possible and in particular that it is not impaired by SPAM filters.
5.1. The Hotel is obliged to keep the rooms booked by the customer in readiness and to provide the agreed services. The contractually agreed services are specified in the reservation confirmation that refers to them.
5.2. The customer is obliged to pay the agreed or applicable hotel prices for the room rental and for any other services used by the customer. This shall also apply to services ordered by the customer directly or through the Hotel and which are provided by third parties and for which payment is advanced by the Hotel.
5.3. If the customer has the possibility to make special non-contractual requests during the booking process, these requests are always non-binding in character. The customer has no claim to fulfilment by the Hotel of such non-contractual special requests.
VI. Prices, terms of payment, deposit
6.1. All prices are inclusive of the statutory valid value added tax (VAT) and other price components (e.g. local taxes, especially the levy to support culture (“bed tax”). Levies payable by the customer under applicable local by-laws (e.g. visitor’s tax) are not included in the prices; these are to be paid by the customer and any accompanying traveller(s) on site at the Hotel in accordance with the local rates.
6.2. The Hotel may make consent to a reduction in the number of booked rooms, services provided by the Hotel or length of stay as requested by the customer after the initial booking subject to a reasonable increase in the price of the rooms and/or other services provided by the Hotel.
6.3. Hotel invoices without a due date for payment are payable without deductions within 14 days of receipt. The Hotel can demand immediate payment of due claims from the customer at any time. If the customer is in default with payment, the Hotel is entitled in accordance with statutory provisions to charge interest on the arrears at a rate of five percentage points above the applicable base rate or, in the case of a customer who is not a Consumer, to charge interest on the arrears at a rate of nine percentage points above the applicable base rate and to demand payment of the statutory flat rate charge of 40.00 EUR. The flat rate charge is to be deducted from any costs owed insofar as the costs are caused by legal action.
6.4. Upon conclusion of the contract, the Hotel is entitled to require from the customer a reasonable advance payment of up to 25% of the agreed price or security in the form of a credit card guarantee. The concrete amount of the advance payment and the dates of payment shall be agreed between the contracting parties in text form. Notwithstanding the first sentence above, a security deposit is always to be provided in the form of a credit card guarantee when booking via the online booking form on the hotel website. The statutory provisions for package tours shall remain unaffected by the provisions in the first two sentences above.
6.5. In justified cases, for example when the customer is in arrears or if the scope of the contract is extended, the Hotel is entitled, even after conclusion of the contract and up to the beginning of the stay, to demand an advance payment or security deposit within the terms of Clause 6.4 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed price.
6.6. The Hotel is further entitled at the beginning of and during the stay to require the customer to make a reasonable advance payment or security guarantee within the terms of Clause 6.4 above against existing and future claims arising under the contract, insofar as such payment or guarantee has not already been made in accordance with Clause 6.4 and/or Clause 6.5 above.
6.7. Packages, special offers, discounts or other reductions offered by the Hotel cannot be combined. Special company rates granted to individual persons are not transferable to third parties.
6.8. There is a strict smoking ban in the hotel. Smoking on the hotel premises is permitted within the designated areas only. The Hotel reserves the right to charge the customer the amount required for cleaning and restoring the room in the event of a violation of the smoking ban for which the customer is responsible. This may also include the Hotel’s loss of profit if the room cannot be rented out to another party during the restoration process. In the event that the customer dismantles, damages or intentionally disables the functionality of a smoke detectors or several smoke detectors installed for fire prevention purposes, the Hotel reserves the right to charge the customer for the costs incurred for the repair of the smoke detector(s).
If a key is lost, the Hotel reserves the right to charge the customer for the cost of replacing the locks and keys if the loss is attributable to the customer.
The customer is expressly permitted in each case to show that the Hotel has not incurred any damage or reduction in value, or that the damage or reduction in value has transpired to be considerably lower than the above-mentioned charges.
6.9. The customer may only deduct or offset an undisputed or legally valid claim against a claim by the Hotel.
6.10. The customer declares that the invoice may be sent by electronica means.
VII. Withdrawal by the customer (rescission, cancellation) and non-arrival (no show)
7.1. Withdrawal by the customer from the contract concluded with the Hotel is possible only if the right to withdrawal is expressly agreed in the contract, if a statutory right to withdrawal exists or if the Hotel expressly agrees to the termination of the contract.
7.2. If the customer cancels the Hotel Accommodation Contract or does not arrive on the agreed arrival date, the Hotel is entitled to reallocate the unused room.
7.3. Insofar as the Hotel and the customer have agreed a date for cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring claims for payment or compensation by the Hotel. The exemption from costs lapses if the customer does not exercise the right to withdrawal in text form before the agreed date. From this date, the customer has only the right to withdrawal in accordance with the statutory provisions.
7.4. If a right of withdrawal has not been agreed or has already lapsed, there shall be also no statutory right of withdrawal or termination and, if the Hotel does not agree to a cancellation of the contract, the Hotel shall retain the right to the agreed price even if the service is not used. The Hotel shall credit to the customer’s account the revenue from renting the rooms to other parties as well as the saved expenses. If the rooms are not rented out to other parties, the Hotel may make a flat rate deduction for non-incurred expenses. In this case the customer is obliged to pay 90% of the contractually agreed price for the overnight stay(s) with or without breakfast as well as for all-inclusive arrangements with third-party services, 70% for half board and 60% for full board arrangements. The customer is free to show that the damage did not occur or did not occur to the amount claimed.
7.5. It is recommended that the customer arranges travel cancellation insurance.
VIII. Withdrawal by the Hotel
8.1. If it has been agreed that the customer can withdraw from the contract within a certain period of time without incurring a charge, the Hotel shall be entitled to withdraw from the contract during this period if it receives an inquiry for the contractually reserved rooms and, upon request by the Hotel, the customer does not waive their right to withdraw within a reasonable period of time. This applies correspondingly if an option is granted, if there are other inquiries and the customer is not prepared to make a firm booking at the Hotel’s request with a reasonable period of notice.
8.2. If advance payment or security deposit (see Clause VI above) has been agreed but is not made even after the expiry of a reasonable grace period set by the Hotel, the Hotel shall also be entitled to withdraw from the contract.
8.3. The Hotel shall also have the extraordinary right to withdraw from the contract on justified grounds, in particular if
circumstances for which the Hotel is not responsible make fulfilment of the contract impossible;
rooms or premises are booked knowingly using misleading or false information or essential facts are knowingly withheld. Essential facts can be: the identity of the customer; the solvency of the customer; or the purpose of their stay;
the Hotel has reasonable cause to believe that the use of the service will jeopardise the proper operation, safety or public reputation of the Hotel without being attributable to the domain or organisation controlled by the Hotel;
the purpose or occasion of the stay is unlawful;
the prohibition on subletting or re-letting in Clause 9.2 below is violated.
8.4. The justified withdrawal of the Hotel from the contract shall not constitute grounds for a claim for damages by the customer.
IX. Provision and use of rooms
9.1. The rooms provided are intended for the purpose of accommodation only.
9.2. Subletting or re-letting the rooms provided and using them for purposes other than accommodation requires the prior consent (approval) of the hotel in text form, whereby the second sentence of Sect. 540 Para. 1 BGB [Civil Code] is waived if the customer is not a Consumer.
9.3. The customer shall have no claim to the use of specific rooms, unless this has been expressly agreed otherwise between the contracting parties.
9.4. Booked room(s) shall be available for the customer’s use from 3.00 p.m. unless otherwise agreed. The customer shall have no claim to earlier access to the room(s).
9.5. Rooms are to be vacated and made available to the Hotel no later than 10.00 a.m. on the agreed day of departure, unless otherwise agreed. The Hotel shall be entitled to charge 50% of the current overnight stay price for the use of the room beyond the contractual period and until 6:00 p.m, and 90% from 6:00 p.m. onwards. This shall not constitute grounds for contractual claims by the customer. The customer is free to show that the claim pursuant to the second sentence above did not arise or did not arise to the degree claimed by the Hotel.
9.6. The hotel is a no smoking hotel; smoking is not permitted outside the designated rooms or spaces. The Hotel reserves the right to claim for damages in the event of non-compliance (see Clause 6.9 above).
9.7. The use of the customer’s own electrical equipment or electrical appliances connected to the hotel’s electrical system requires the prior consent of the Hotel.
10.1. The Hotel shall be liable for damage caused by injury to life, limb and health and for which it is responsible. Furthermore, it shall be liable for other damage caused by wilful or grossly negligent breach of duty on the part of the Hotel or wilful or negligent breach of typical contractual duties on the part of the Hotel. Contractually typical obligations are those obligations which make the proper execution of the contract possible in the first place and on whose fulfilment the customer relies and may rely. A breach of obligation on the part of a legal representative or vicarious agent is equivalent to a breach on the part of the Hotel. Further claims for damages are excluded, unless otherwise regulated in this Section X. Should problems or defects in the Hotel’s services occur, the Hotel will endeavour to remedy them as soon as it becomes aware of them or upon immediate notification by the customer. The customer is obliged to contribute reasonably to remedying the fault and keeping potential damage to a minimum.
10.2. The Hotel shall be liable to the customer for items brought into the Hotel in accordance with the statutory provisions. The Hotel recommends the use of the hotel or room safe. If the customer wishes to bring in money, securities and valuables with a value in excess of 800 EUR or other items with a value in excess of 3,500 EUR, this shall require a separate storage agreement with the Hotel.
10.3. Within the scope of the customer’s statutory duty to minimize damage, the customer is obliged to make all reasonable efforts to remedy disruptions and minimize potential damage and to notify the hotel immediately of any disruptions or damage.
XI. Amendment(s) to the GTC
11.1. The Hotel reserves the right to amend these GTC in the future.
11.2. The Hotel shall make amendments for good cause only, e.g. in the event of technical developments, changes in statutory or judicial law, or other equivalent causes.
11.3. The customer shall be notified of any amendments in good time; The Hotel shall notify the customer of any time limits, consequences and possibilities for objection relevant to the individual case.
11.4. If the customer does not object to the amendment(s) to the GTC within the period set in the notification informing them of the amendment, the continued use of the services provided by the Hotel shall be considered as acceptance of the amendments.
XII. Final provisions
12.1. Amendments and supplements to the Hotel Accommodation Contract, Acceptance of Contract or these General Terms and Conditions should be in text form. Any changes or supplements made unilaterally shall be invalid.
12.2. Place of performance and payment as well as exclusive place of jurisdiction in commercial transactions – also for disputes concerning cheques and bills of exchange – is Düsseldorf. If the customer fulfills the conditions of Sect. 38 Para. 2 ZPO (Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Düsseldorf.
12.3. All legal relations between the contractual partners are subject exclusively to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The first sentence above shall only apply to a Consumer insofar as the choice of law does not undermine the protection of mandatory legal provisions in the state in which the Consumer has their habitual residence.
12.4. Should individual provisions be wholly or partially invalid or unenforceable, or should they later lose their legal validity or enforceability, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provisions shall be replaced by the statutory provision.
Düsseldorf, April 2021