General Terms and Conditions

General Terms and Conditions of Tahir Investments GmbH for Hotel Accommodation Contracts.
(as of August 2020)

1. Scope

1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract).
1.2 The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation shall require the prior consent of the hotel in text form, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) shall not apply unless the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB).
1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in text form in advance.

2. Conclusion of Contract, – Partner, Limitation

2.1 The contracting parties are the hotel and the customer. The contract is concluded by the hotel’s acceptance of the customer’s application. Should the booking party and the hotel guest differ in person, both shall be deemed to be contracting partners. The hotel is free to confirm the room booking in text form.
2.2 All claims against the hotel shall become statute-barred one year after the statutory commencement of the limitation period. This shall not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel.

3. Services, price, payment, set-off

3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the rooms and the other services used by him. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Not included are local taxes which are owed by the guest according to the respective local law, such as visitor’s tax. In the event of a change in the statutory value-added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion and performance of the contract exceeds four months.
3.4 The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel’s services or the customer’s length of stay conditional upon a reasonable increase in the price for the rooms and/or for the hotel’s other services.
3.5 Invoices of the hotel are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment shall be made without deduction within seven days of receipt of the invoice, unless otherwise agreed.
3.6 The customer shall reimburse reminder costs in the amount of € 10.00 for each reminder after default has occurred. The customer shall be free to prove that no costs or only significantly lower costs were incurred. In the case of customers who are not consumers, the claim under Section 288 (5) of the German Civil Code (BGB) may also be asserted instead.
3.7 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, in the form of a credit card guarantee with the right to reserve and/or charge. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In the event of default of payment by the customer, the statutory provisions shall apply.
3.8 In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract until the beginning of the stay, to demand an advance payment or security deposit as defined in clause 3.7 above or an increase in the advance payment or security deposit agreed in the contract up to the full remuneration.
3.9 The hotel shall also be entitled to demand from the customer a reasonable advance payment or security deposit within the meaning of clause 3.7 above for existing and future claims under the contract at the beginning and during the stay, insofar as such a deposit or security deposit has not already been provided in accordance with clause 3.7 and/or 3.8 above.
3.10. The customer may only set off or offset an undisputed or legally binding claim against a claim of the hotel.

4. Withdrawal of the customer (cancellation) / non-utilisation of the hotel’s services (no show)

4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if a statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form in each case.
4.2 If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without triggering payment or damage compensation claims by the hotel. The customer’s right of withdrawal shall expire if he does not exercise it in text form vis-à-vis the hotel by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired, if there is 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 claim to the agreed remuneration despite the non-utilisation of the service. The hotel shall take into account the income from renting the rooms to other parties and the expenses saved. If the rooms are not let to other parties, the hotel may make a flat-rate deduction for expenses saved. In this case, the customer is obliged to pay 90% of the contractually agreed price for the overnight stay. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the subsidised amount.

5. Cancellation by the hotel

5.1 Insofar as it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract within this period of time if there are enquiries from other customers for the contractually booked rooms and the customer waives his right to withdraw upon inquiry by the hotel with a reasonable deadline. This shall apply mutatis mutandis in the event that an option is granted if other enquiries are received and the customer is not prepared to make a firm booking after being asked by the hotel to do so within a reasonable period of time.
5.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.7 and/or 3.8 is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
5.3 Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
– force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
– rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may be the identity of the customer, solvency or the purpose of the stay;
– the hotel has reasonable grounds to assume that the use of the service may jeopardise the smooth operation of the business, the security or the reputation of the hotel in public without this being attributable to the hotel’s sphere of control or organisation;
– the purpose or reason for the stay is unlawful;
– there is a breach of clause 1.2 above.
5.4 The justified withdrawal of the hotel does not justify any claim for damages on the part of the customer.

6. Room provision, handover and return

6.1 The customer shall not acquire any claim to the provision of specific rooms unless this has been expressly agreed in text form.
6.2 Booked rooms are available to the customer on the agreed day of arrival during the official check-in times of the respective hotel. The customer must inform himself/herself about the check-in times. The customer has no right to earlier availability. Should a later arrival of the customer be desired and the hotel agrees to this, this shall take place exclusively on a voluntary basis of the hotel. The hotel shall always endeavour to ensure that everything runs smoothly, but shall not accept any guarantee in this case.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (price according to the price list) for late vacating of the room for use in excess of the contract until 2:00 p.m., and 90% from 2:00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer shall be at liberty to prove that the hotel has not incurred any claim to a charge for use or that the claim is substantially lower.

7. Liability of the hotel

7.1 The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by the hotel. Typical contractual obligations are those obligations that make the proper performance of the contract possible in the first place and on the performance of which the customer relies and may rely. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise provided for in this clause 7. In the event of disruptions or defects in the hotel’s services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and to keep any possible damage to a minimum.
7.2 The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. If the customer wishes to bring in money, securities and valuables with a value of more than € 800 or other items with a value of more than € 3,500, this shall require a separate storage agreement with the hotel.
7.3 Messages for customers shall be handled with care. The hotel may, by prior agreement with the customer, accept, store and – on request – forward mail and consignments of goods against payment. The hotel shall be liable in this respect only in accordance with the provisions of Clause 7.1, Sentences 1 to 4 above.

8. Final provisions

8.1 Amendments or supplements to the contract or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements by the customer shall be ineffective.
8.2 In commercial transactions, the place of performance and payment shall be the location of the respective hotel.
8.3 In commercial transactions, the exclusive place of jurisdiction – also for cheque disputes – shall be Eschweiler. However, the management may, at its discretion, also sue the customer at the location of the respective hotel or at the customer’s registered office. The same shall apply in each case if the customer fulfils the prerequisite of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany.
8.4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and of the conflict of laws is excluded.
8.5 In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (“ODR platform”): http://ec.europa.eu/consumers/odr/.
However, the Hotel does not participate in dispute resolution proceedings before consumer arbitration boards.
8.6 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.