GTC
1. SCOPE OF APPLICATION
These terms and conditions apply to all guest accommodation contracts and all other services and deliveries provided by Hotel Polo am ZOB GmbH for the customer in this context.
2. CONCLUSION OF CONTRACT AND PARTNERS
The contract is concluded upon acceptance of the guest’s application by Hotel Polo. The hotel is at liberty to confirm the room booking in writing.
The contractual partners are the hotel and the guest. If a third party has booked on behalf of the guest, he shall be liable to the hotel together with the guest as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel. In particular, the subletting of rooms to third parties at prices higher than the actual room prices is not permitted.
3. SERVICES, PRICES, PAYMENT, OFFSETTING
The hotel is obliged to keep the rooms booked by the guest available and to provide the agreed services.
The guest is obliged to pay the agreed or applicable prices of the hotel for the room rental and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the guest. The agreed prices include the respective statutory value added tax.
The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s services or the length of the guest’s stay requested by the guest dependent on an increase in the price for the rooms and/or for the hotel’s other services.
Hotel invoices without a due date are payable in full within 10 days of receipt of the invoice. The hotel may demand immediate payment of due claims from the guest at any time. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, EUR 10 above the base interest rate. The hotel reserves the right to provide evidence of higher damages.
The hotel is entitled to demand a reasonable advance payment or security deposit from the guest upon conclusion of the contract in the form of a credit card guarantee, a deposit or similar. The amount of the advance payment and the payment dates may be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. In justified cases, e.g. payment arrears of the guest or extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract up to the beginning of the stay, to demand an advance payment or security deposit within the meaning of IV. Para. 4 above to demand an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
The guest may only offset or set off an undisputed or legally binding claim against a claim of the hotel.
4. WITHDRAWAL OF THE GUEST
Withdrawal by the guest from the contract concluded with the hotel requires the hotel’s written consent. If this is not given, the agreed price from the contract must be paid even if the guest does not make use of contractual services.
If a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the guest may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The guest’s right of withdrawal expires if he does not exercise his right of withdrawal in text form vis-à-vis the hotel by the agreed date.
In the case of rooms not used by the guest, the hotel must offset the income from renting these rooms to other parties as well as the expenses saved. If the rooms are not rented to other parties, the hotel may demand the contractually agreed remuneration and make a flat-rate deduction for expenses saved by the hotel. In this case, the guest is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount demanded.
5. WITHDRAWAL OF THE HOTEL
If it has been agreed in writing that the guest may withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other guests regarding the contractually booked rooms and the guest does not waive his right of withdrawal upon inquiry by the hotel. If an advance payment or security deposit agreed upon or requested in accordance with Section III above is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if – force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; – rooms or rooms are culpably booked with misleading or false information about essential contractual facts, e.g. the hotel has justified cause to believe that the use of the hotel’s services may jeopardize the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel’s sphere of control or organization. In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.
6. ROOM PROVISION, HANDOVER AND RETURN
The guest is not entitled to the provision of specific rooms unless this has been expressly agreed in writing. Booked rooms are available to the guest from 14:00 on the agreed day of arrival. The guest is not entitled to earlier availability.
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. After this time, the hotel may charge 50% of the full accommodation price (list price) for the late vacating of the room until 6:00 p.m., and 100% from 6:00 p.m. onwards. This shall not give rise to any contractual claims on the part of the guest. The guest is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee.
The Polo Hotel is a non-smoking hotel. It is therefore forbidden to smoke in the public areas as well as in the guest rooms.
7. LIABILITY OF THE HOTEL
The hotel is liable for its obligations under the contract. Claims of the guest for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Should disruptions or defects in the hotel’s services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the guest. The guest is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.
The hotel is liable to the guest for items brought into the hotel in accordance with the statutory provisions. The hotel is liable to the guest for items brought into the hotel in accordance with the statutory provisions. The hotel recommends that guests make use of the option to store money, securities and valuables in the hotel safe. Liability claims expire if the guest does not notify the hotel immediately after becoming aware of the loss, destruction or damage.
Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and – on request – forward them for a fee. Claims for damages, except for gross negligence or intent, are excluded.9
8. FINAL PROVISIONS
Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in writing. Unilateral amendments or additions by the customer are invalid.
The place of performance and payment is the location of the hotel.
The exclusive place of jurisdiction – also for disputes relating to checks and bills of exchange – in commercial transactions is the registered office of the hotel under company law. If a contractual partner fulfills the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel under company law.
The law of the Federal Republic of Germany shall apply.
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.
Hotel Polo am ZOB GmbH | Adenauerallee 7 | D – 20097 Hamburg
