1 SCOPE OF APPLICATION
1.1 Terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries of the "Hotel An der Philharmonie Köln" (hereinafter referred to as "Hotel") performed for the customer in this connection. The term "hotel accommodation contract" includes and replaces the following terms: Accommodation, guest accommodation, hotel and hotel room contract.
1.2 The subletting or subletting of the let rooms as well as their use for other than accommodation purposes require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 of the German Civil Code (BGB) is waived, insofar as the customer is not a consumer.
1.3 The customer's general terms and conditions of business shall only apply if this has been expressly agreed in advance.
2 CONCLUSION, LIMITATION AND LIMITATION OF CONTRACT
2.1 Contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer's request by the hotel. The hotel is free to confirm the room reservation in text form.
2.2 All claims against the hotel are subject to a limitation period of one year from the beginning of the statutory limitation period. Claims for damages become time-barred after five years, depending on knowledge, unless they are based on injury to life, body, health or freedom. These claims for damages expire in ten years regardless of knowledge. The shortening of the limitation period does not apply to claims based on intentional or grossly negligent breach of duty by the hotel.
3 SET-OFF, SERVICE, PRICES, PAYMENT, NETTING
3.1 The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
3.2 The customer is obliged to pay the hotel's agreed or valid prices for the room and other services used by him/her. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel.
3.3 The agreed prices are understood to include the taxes and local taxes applicable at the time of conclusion of the contract. Not included are local taxes, which are owed by the guest according to the respective municipal law, such as the cultural promotion tax of the city of Cologne (also called KFA for short). In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local taxes on the object of services 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 of the contract and fulfilment of the contract exceeds one month.
3.4 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel's services or the customer's length of stay, as requested by the customer, subject to an increase in the price of the hotel's rooms and/or other services.
3.5 Invoices of the hotel without due date are payable within seven days of receipt of the invoice without deduction. The hotel can demand immediate payment of due receivables from the customer at any time. In the event of default in payment, the hotel shall be entitled to demand the currently applicable statutory default interest of 9% or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. In case of default, the hotel can also charge a fee of EUR 5.00 per reminder letter. The hotel reserves the right to prove higher damages.
3.6 The hotel is entitled to demand an appropriate advance payment or security deposit from the customer, for example in the form of a credit card guarantee, upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. The statutory provisions shall remain unaffected in the case of advance payments or security deposits for package tours.
3.7 In justified cases, for example the customer's arrears of payment or extension of the scope of the contract, the hotel is entitled to demand an advance payment or provision of security in accordance with clause 3.6 above or an increase of the advance payment or provision of security agreed in the contract up to the full agreed remuneration, even after conclusion of the contract until the beginning of the stay.
3.8 At the beginning and during the stay, the hotel is also entitled to demand from the customer an appropriate advance payment or a security deposit in the sense of clause 3.6 above for existing and future claims arising from the contract, insofar as this has not already been made in accordance with clause 3.6 and/or clause 3.7 above.
3.9 The customer may only offset or set off against an undisputed or legally binding claim against a claim of the hotel.
4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION/CANCELLATION/NON-UTILISATION OF HOTEL SERVICES (NO SHOW))
4.1 The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if there is another legal right of withdrawal or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right to withdraw from the contract as well as the possible consent to a cancellation of the contract shall be made in writing.
4.2 If an appointment has been made between the hotel and the customer to withdraw from the contract free of charge, the customer can withdraw from the contract until then without releasing any claims for payment or damages of the hotel. The customer's right to withdraw from the contract expires if he does not exercise his right to withdraw from the hotel by the agreed date.
4.3 If a right of rescission has not been agreed or has already expired, there is also no legal right of rescission or termination and if the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite the non-utilisation of the service. The hotel has to take into account the income from other renting of the rooms as well as the saved expenses. If the rooms are not rented elsewhere, the hotel can charge a lump-sum deduction for expenses saved. In this case, the customer is obliged to pay at least 90 % of the contractually agreed price for overnight accommodation 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 prove that the aforementioned claim has not arisen or has not arisen in the required amount.
5 HOTEL CANCELLATION
5.1 Insofar as it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is in turn entitled to withdraw from the contract within this period of time if enquiries from other customers regarding the contractually booked rooms have been received and the customer does not waive his right to withdraw from the contract on request of the hotel with reasonable notice.
5.2 If an advance payment or security deposit agreed upon or demanded in accordance with Clause 3.6 and/or Clause 3.7 is not paid or required upon 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 is entitled to rescind the contract for factually justified reasons, in particular if....
force majeure or other circumstances for which the hotel is not responsible make the fulfilment of the contract impossible;
rooms or rooms are culpably booked with misleading or incorrect information or concealment of essential facts; the identity of the customer, the solvency or the purpose of the stay can be essential;
the hotel has reasonable grounds to believe that the use of the service may endanger the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the control or organizational area of the hotel;
the purpose or cause of the stay is illegal; there is a violation of section 1.2 above.
5.4 The justified resignation of the hotel does not justify a claim for damages on the part of the customer.
6 ROOM PROVISION, HANDOVER AND RETURN OF ROOMS
6.1 The customer shall not be entitled to the provision of certain rooms unless expressly agreed otherwise.
6.2 Booked rooms are available to the customer from 15:00 hrs of the agreed arrival day. The customer has no claim to earlier provision.
6.3 On the agreed departure day, rooms must be vacated and made available to the hotel by 11:00 a. m. at the latest. After this period, the hotel may charge 50 % of the currently valid daily accommodation price until 6 p. m. on account of the delayed vacating of the room for its use beyond the scope of the contract, and 100 % from 6 p. m. onward. Contractual claims of the customer are not justified by this. He/she is free to prove that the hotel has no or a substantially lower claim to a usage fee. In addition, the hotel reserves the right to prove and assert higher damages.
7 LIABILITY OF THE HOTEL
7.1 The hotel shall be liable for any damage resulting from injury to life, limb or health for which it is responsible. Furthermore, it shall be liable for other damages which are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of the hotel's contractual obligations. A breach of duty by the hotel shall be deemed to be a breach of duty by a legal representative or vicarious agent. Further claims for damages
8 FINAL PROVISIONS
8.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions shall be made in writing. Unilateral changes or additions by the customer are ineffective.
8.2 Place of fulfilment and payment as well as the exclusive place of jurisdiction - also for disputes over cheques and bills of exchange - is Cologne in commercial dealings. If a contracting party fulfils the requirements of § 38 paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be Cologne.
8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
8.4 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. Otherwise, the statutory provisions shall apply.
As of December 2017