GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT (FEBRUARY 2021)
1. SCOPE
1.1. These terms and conditions apply to contracts between EmiLu Hotel GmbH and the contractual partner for the rental of hotel rooms for accommodation as well as all other services and deliveries provided by the hotel for the client in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
1.2. The subletting or re-letting of the leased rooms as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived unless the customer is a consumer.
1.3. General terms and conditions of the client only apply if this has been expressly agreed in writing beforehand.
2. CONTRACT, CONCLUSION/ PARTNERS, LIMITATIONS
2.1. The contractual partners are the hotel and the client. The contract is concluded when the hotel accepts the client's application. The hotel is free to confirm the room booking in writing.
2.2. All claims against the hotel become statute-barred one year from the start of the statutory limitation period. Claims for damages against the hotel become statute-barred, depending on knowledge, in three years at the latest, regardless of knowledge, in 10 years at the latest from the breach of duty. These shortening of the statute of limitations do not apply to claims that are caused by intent or gross negligence on the part of the hotel and also not to negligent damage resulting from injury to life, limb or health. In the case of negligently caused property and financial damage, the shortened limitation periods do not apply in the event of a breach of an essential contractual obligation. Essential contractual obligations are those obligations, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer can regularly rely on compliance.
3. SERVICES, PRICES, PAYMENT, OFFSETTING
3.1. The hotel is obliged to keep the rooms reserved by the client available and to provide the agreed services.
3.2. The client is obliged to pay the hotel's agreed or applicable prices for rooms provided and for other services used. This also applies to services commissioned by the client directly or via the hotel, which are provided by third parties and disbursed by the hotel.
3.3. The agreed prices include the taxes and local duties applicable at the time the contract is concluded. Not included are local taxes that are owed by the client according to local law, such as visitor's tax.
3.4. In the event of a change in statutory sales tax or the introduction, change or abolition of local taxes on the subject of the service after the contract has been concluded, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
3.5. The hotel can make its consent to a subsequent reduction in the number of booked rooms, the hotel's services or the customer's length of stay, as requested by the client, dependent on the price of the rooms and / or other hotel services increasing.
3.6. Hotel invoices without a due date are payable within fourteen days of receipt of the invoice without deduction. The hotel can demand immediate payment of due claims from the client at any time. In the event of default in payment, the hotel is entitled to demand the respectively applicable statutory default interest in the amount of currently 8% or, in the case of legal transactions in which a consumer is involved, in the amount of 5% above the base rate. The hotel reserves the right to provide evidence of higher damage.
3.7. When the contract is concluded, the hotel is entitled to request an appropriate advance payment or security deposit from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
3.8. In justified cases, for example the client's payment arrears or expansion of the scope of the contract, the hotel is entitled to make an advance payment or security deposit within the meaning of section 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed amount, even after the conclusion of the contract up to the beginning of the stay To demand remuneration.
3.9. The hotel is also entitled to demand an appropriate advance payment or security deposit from the client at the beginning and during the stay within the meaning of section 3.6 above for existing and future claims from the contract, insofar as such has not already been made in accordance with section 3.6 and / or section 3.7 above has been. The client can only offset or set off an undisputed or legally binding claim against a claim by the hotel.
3.10. Our company regularly checks customers, including existing ones, for creditworthiness whenever contracts are concluded and also in certain cases when there is a legitimate interest. We therefore collaborate with Creditreform Boniversum GmbH – address: Hammfelddamm 13, 41460 Neuss, Germany – which provides us with the relevant data. For this purpose, we send your name and contact details to Creditreform Boniversum GmbH. The information on the data processing conducted by Creditreform Boniversum GmbH is based on the EU General Data Protection Regulation, article 14, which can be found here: https://www.boniversum.de/en/eu-gdpr/information-required-under-the-eu-gdpr-for-consumers.
4. WITHDRAWAL BY THE CLIENT (CANCELLATION) / NOT- UTILISATION OF HOTEL SERVICES (NO SHOW)
4.1. The client can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another 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 any consent to a contract cancellation should be made in text form.
4.2. If an appointment has been agreed between the hotel and the client to withdraw from the contract free of charge, the client can withdraw from the contract until then without triggering payment or damage claims by the hotel. The client's right of withdrawal expires if he does not exercise his right to withdraw from the hotel by the agreed date.
4.3. If a right of withdrawal has not been agreed or has already expired, 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 retains the right to the agreed remuneration despite not using the service. However, the Hotel must reduce payments by income from otherwise renting the rooms and by saved expenses. If the rooms are not rented to other guests, the Hotel may deduct lump-sum saved expenses. In this case, the Client must pay at least 90% of the contractual price for overnight stays, including or excluding breakfast costs, and for holiday packages including third-party services, 70% for half-board contracts and 60% for full-board contracts. The Client may produce evidence showing that the above claim was established not at all or not to the requested amount. The Hotel reserves the right to prove that higher expenses were incurred.
4.4. The requested compensation claims of the hotel are sent to the client immediately after the cancellation of the contract and are payable without deductions immediately after receipt of the invoice without a due date.
5. WITHDRAWAL BY THE HOTEL
5.1. If it was agreed that the Client may freely withdraw from the contract within a given period, the Hotel may, during that period, withdraw from the contract if they receive room bookings from other guests and if the Client, following a query from the Hotel with a reasonable period, fails to waive their right to withdrawal.
5.2. If an advance payment or security deposit agreed or requested in accordance with section 3.6 and / or section 3.7 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.
5.3. Furthermore, the hotel is entitled to withdraw from the contract for an objectively justified reason, in particular 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 or with concealment of essential facts; The identity of the customer, solvency or the purpose of stay can be essential; - the hotel has justified cause to believe that the use of the service could endanger the smooth business operations, the security or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization;
- the purpose or the reason for the stay is illegal;
- there is a violation of the above-mentioned section 1.2
5.4. The withdrawal is made in writing to the client.
5.5. The justified withdrawal by the hotel does not justify the client's claim to compensation.
6. ROOM , PROVISION AND RETURN
6.1. The client does not acquire the right to be provided specific rooms unless this has been expressly agreed.
6.2. Booked rooms are available to the client from 3:00 p.m. on the agreed arrival date. The client has no right to earlier availability.
6.3. On the agreed departure date, the rooms must be vacated and made available to the hotel no later than 12:00 noon. Thereafter, due to the late vacating of the room, the hotel can charge 50% of the full accommodation price (daily price) for use beyond the contract up to 6 p.m., and 90% of the full accommodation price (daily price) from 6 p.m. This does not justify contractual claims by the client. He is free to prove that the hotel has no or a significantly lower claim to usage fee.
7. LIABILITY OF THE HOTEL
7.1. The hotel is liable for damage to life, limb or health for which it is responsible. Furthermore, it is liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this section 7. Should disruptions or deficiencies in the hotel's services occur, the hotel will endeavor to remedy the situation as soon as it becomes aware of this or upon immediate complaint by the client. The client is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum. Typical contractual obligations are those obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the client can regularly rely.
7.2. The hotel is liable to the client for items brought in according to the statutory provisions. The hotel recommends using the hotel or room safe. If the client wishes to bring in money, securities and valuables with a value of more than EUR 800 or other items with a value of more than EUR 3,500, this requires a separate storage agreement with the hotel.
7.3. If the client is provided with a parking space in the hotel garage or on the hotel car park, even for a fee, this does not result in a custody contract. Unless otherwise stipulated in the “Conditions for parking garages and hotel parking spaces” (AGBP), the liability of EmiLu Hotel GmbH towards client and participants in events is determined in accordance with Section VII.1 of these conditions. The terms and conditions are available for inspection at our reception and can also be viewed and downloaded from our website at www.emilu-hotel.com.
7.4. Messages, mail and merchandise deliveries for guests are handled with care. The hotel will deliver, store and - on request - forward the same for a fee. The hotel is only liable in accordance with Section 7.1, Sentences 1 to 4 above.
8. FINAL PROVISIONS
8.1. Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in writing. Unilateral changes or additions by the client are invalid.
8.2. The place of fulfillment and payment is the location of the hotel.
8.3. The exclusive place of jurisdiction - also for check and bill of exchange disputes - is the corporate seat of the hotel in commercial transactions. If a contractual partner meets the requirements of Section 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the hotel's registered office under company law.
8.4. German law applies. The application of the UN sales law and the conflict of laws is excluded.
8.5. Should individual provisions of these general terms and conditions be or become ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply. Mandatory information in accordance with Regulation (EU) No. 524/2013 of the European Parliament and Council: Link to the homepage of the European Commission's online dispute resolution center for consumer disputes: http://ec.europa.eu/consumers/... - further Information is expected to be available there from February 15, 2016.
GENERAL TERMS AND CONDITIONS FOR EVENTS
1. SCOPE
1.1 These terms and conditions apply to contracts between EmiLu Hotel GmbH and the contractual partner for the rental of conference, banquet and event rooms of the hotel for the implementation of events such as banquets, seminars, meetings, exhibitions and presentations as well as for everyone in this context for the Clients provided other services and deliveries by the hotel, in addition to the terms and conditions for the hotel accommodation contract, in particular for room bookings.
1.2 The subletting or re-letting of the leased rooms, areas or showcases as well as the invitation to job interviews, sales or similar events require the prior written consent of the hotel, whereby 540 para. 1 sentence 2 BGB is waived unless the client is a consumer .
1.3 General terms and conditions of the client only apply if this has been expressly agreed in writing beforehand.
2. CONTRACT CONCLUSION/PARTNERS, LIABILITY, LIMITATIONS
2.1 The contract is concluded when the hotel accepts the client's application; the hotel is free to confirm the booking of the event in writing.
2.2 If the client / orderer is not the organizer himself, if the organizer engages a commercial agent or organizer, the organizer and the client are jointly and severally liable for all obligations under the contract, provided the hotel has a corresponding declaration from the organizer.
2.3 The hotel is liable for its obligations under the contract. Client claims for compensation are excluded. Excluded from this are damage resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damage that is based on an intentional or grossly negligent breach of duty by the hotel and damage that is based on an intentional or negligent breach of typical contractual obligations of the hotel. Typical contractual obligations are those obligations, the fulfillment of which enables the proper execution of the contract in the first place and on which the clients can regularly rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or deficiencies in the hotel's services occur, the hotel will endeavor to remedy the situation as soon as it becomes aware of this or upon immediate complaint by the client. The client is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum. In addition, the client is obliged to inform the hotel in good time of the possibility of exceptionally high damage.
2.4 All claims against the hotel become statute-barred one year from the start of the statutory limitation period. Claims for damages against the hotel become statute-barred, depending on knowledge, in three years at the latest, regardless of knowledge, in 10 years at the latest from the breach of duty. These reductions in the limitation period do not apply to claims that are caused by intent or gross negligence on the part of the hotel and also not in the case of negligent damage resulting from injury to life, limb or health. In the case of negligently caused property and financial damage, the shortened limitation periods do not apply in the event of a breach of a contractual obligation.
3. SERVICES, PRICES, PAYMENT, OFFSETTING
3.1 The hotel is obliged to provide the services ordered by the client and promised by the hotel.
3.2 The Client must pay the Hotel's contractually agree/valid prices for these and other services which they use. This also applies to any services and advance payments of the Hotel to third parties requested by the Client, particularly for claims from copyrights collecting societies. Contractual prices include applicable value-added tax.
3.3 The agreed prices include the taxes applicable at the time the contract is concluded. In the event of changes in statutory sales tax or the introduction, change or abolition of local taxes on the subject of the service after the contract has been concluded, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
3.4 Hotel invoices without a due date are payable within fourteen days of receipt of the invoice without deduction. The hotel can demand immediate payment of due claims from the client at any time. In the event of default in payment, the hotel is entitled to demand the respectively applicable statutory default interest in the amount of currently 8 percentage points or, in the case of legal transactions in which a consumer is involved, in the amount of 5 percentage points above the base rate. The hotel reserves the right to provide evidence of higher damage.
3.5 The hotel is entitled to demand an appropriate advance payment or security deposit from the client upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
3.6 In justified cases, for example the client's payment arrears or expansion of the scope of the contract, the hotel is entitled to make an advance payment or security deposit within the meaning of section 3.5 above or an increase in the advance payment or security deposit agreed in the contract up to the full, even after the conclusion of the contract up to the start of the event to demand the agreed remuneration.
3.7 The client can only offset or set off an undisputed or legally binding claim against a claim by the hotel.
4. WITHDRAWAL BY THE CLIENT (CANCELLATION)
4.1 The client can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another 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 any consent to a contract cancellation should be made in text form.
4.2 If an appointment has been agreed between the hotel and the client to withdraw from the contract free of charge, the client can withdraw from the contract until then without triggering payment or damage claims by the hotel. The client's right of withdrawal expires if he does not exercise his right to withdraw from the hotel by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite not using the service. The hotel has to credit the income from renting the rooms to other parties as well as the saved expenses. The expenses saved in each case can be lumped in accordance with Sections 4.4, 4.5 and 4.6. The client is free to prove that the claim did not arise or did not arise in the required amount. The hotel is free to provide evidence that a higher claim has arisen.
4.4 If the client only withdraws between the 8th and 4th week before the date of the event, the hotel is entitled to charge 35% of the lost food sales in addition to the agreed rental price, and 70% of the food sales for any later withdrawal.
4.5 If a conference flat rate has been agreed for each participant, the hotel is entitled to charge 60% of the conference flat rate x the agreed number of participants in the event of withdrawal between the 8th and 4th week before the date of the event, and 85% in the case of a later withdrawal.
5. WITHDRAWAL BY THE HOTEL
5.1 If it has been agreed in text form that the client can 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 clients about the contractually booked event rooms and the client on request of the hotel not waiving his right to withdraw with a reasonable deadline.
5.2 If an agreed advance payment or a security deposit requested in accordance with Clauses 3.5 or 3.6 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.
5.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justified reason, for example if - Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; -Events or rooms are booked with misleading or false information about essential contractual facts, e.g. about the person of the client or for the purpose of the event; -the hotel has justified cause to believe that the event could endanger the smooth business operations, the security or the public image of the hotel, without this being attributable to the hotel's sphere of control or organization; -the purpose or the occasion of the event is illegal; - there is a violation of Section I No. 2.
5.4 The withdrawal is made in writing to the client.
5.5 If the hotel is justified in withdrawing from the contract, the client has no right to compensation.
6. CHANGES TO THE NUMBER OF PARTICIPANTS / TIME OF THE EVENT
6.1 The hotel must be informed of any change in the number of participants no later than three working days before the start of the event; it requires the hotel's consent in writing.
6.2 In the event of an upward deviation, the actual number of participants will be charged.
6.3 If the number of participants deviates by more than 10%, the hotel is entitled to re-set the agreed prices and to swap the confirmed rooms, unless this is unreasonable for the client.
6.4 If the agreed start or end times of the event shift and the hotel agrees to these deviations, the hotel can appropriately invoice the additional service, unless the hotel is at fault.
7. BRINGING PRIVATE FOOD AND BEVERAGE
The client is generally not allowed to bring food and drinks to events. Exceptions require an agreement with the hotel in text form. In these cases, a contribution to cover overhead costs will be charged. The selection of a catering company requires the consent of the hotel.
8. TECHNICAL EQUIPMENT AND CONNECTIONS
8.1 If the hotel procures technical and other equipment from third parties for the client at the client's request, it acts in the name, on the power of attorney and for the account of the client. The client is liable for careful handling and proper return. He releases the hotel from all claims by third parties from the provision of these facilities.
8.2 The use of the client's own electrical systems using the hotel's electricity network requires the client's written consent. Malfunctions or damage to the hotel's technical systems caused by the use of these devices are at the expense of the client, unless the hotel is responsible for them. The hotel is entitled to record and calculate the electricity costs incurred through the use of the electricity.
8.3 The client is entitled, with the consent of the hotel, to receive his own telephone, fax and data transmission equipment. The hotel can charge a connection fee for this.
8.4 If suitable hotel systems remain unused due to the connection of the client's own systems, a cancellation fee may be charged.
8.5 Faults in technical or other equipment made available by the hotel will be rectified immediately if possible. Payments cannot be withheld or reduced if the hotel is not responsible for these disruptions.
8.6 The contractual partner must obtain all official permits that may be necessary for the implementation of the event at its own expense. He is responsible for complying with these permits and all other public law regulations in connection with the event. If the contractual partner transfers the provision of services within the framework of the event (such as construction work, etc.) to third parties, the contractual partner must ensure compliance with all relevant occupational health and safety regulations.
8.7 The contractual partner is responsible for handling the formalities and invoices required in the context of self-arranged music performances and sound reinforcement with the responsible institutions (e.g. GEMA).
8.8 The contractual partner may only use the name and trademark of the hotel in the context of advertising its event after prior consultation with the hotel.
9. LOSS OF OR DAMAGE TO OBJECTS BROUGHT ALONG
9.1 Any exhibition or other items, including personal items, that are brought into the hotel's event rooms are at the client's risk. The hotel assumes no liability for loss, destruction or damage, not even for financial loss, except in the case of gross negligence or intent on the part of the hotel. This does not include damage resulting from injury to life, limb or health. In addition, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability. Typical contractual obligations are those obligations, the fulfillment of which enables the proper execution of the contract in the first place and which the client can regularly rely on to be adhered to.
9.2 Decoration material brought along must meet the fire protection requirements. The hotel is entitled to request official proof of this. If such evidence is not provided, the hotel is entitled to remove material that has already been brought in at the client's expense. Because of possible damage, the setting up and attachment of objects must be coordinated with the hotel in advance.
9.3 Exhibition or other objects brought along must be removed immediately after the end of the event. If the client fails to do this, the hotel may remove and store the items at the client's expense. If the objects remain in the event room, the hotel can charge appropriate compensation for use for the duration of their stay. The client is free to prove that the above-mentioned claim did not arise or did not arise in the required amount.
10. THE CLIENT'S LIABILITY FOR DAMAGE
10.1 The client is liable for all damage to buildings or inventory caused by the client, his employees, vicarious agents or event participants or visitors.
10.2 The hotel can require the client to provide appropriate securities (e.g. insurance, deposits, guarantees).
11. FINAL PROVISIONS
11.1 Changes and additions to the contract, the acceptance of applications or these general terms and conditions for events should be made in text form. Unilateral changes or additions by the clients are invalid.
11.2 The place of fulfillment and payment is the seat of EmiLu Hotel GmbH.
11.3 The exclusive place of jurisdiction - also for check and bill of exchange disputes - is the corporate seat of EmiLu Hotel GmbH in commercial transactions. If a contractual partner meets the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of EmiLu Hotel GmbH.
11.4 German law applies. The application of the UN sales law and the conflict of laws is excluded.
11.5. If the client or the participants of the event are provided with a parking space in the hotel garage or in the hotel car park, even for a fee, this does not constitute a safekeeping agreement. Unless otherwise stipulated in the “Conditions for parking garages and hotel parking spaces” (AGBP), the liability of EmiLu Hotel GmbH towards customers and participants in events is determined in accordance with Section 9.1 of these conditions. The terms and conditions are available for inspection at our reception and can also be viewed and downloaded from our website at www.emilu-hotel.com.
11.6 Should individual provisions of these general terms and conditions for events be ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
CONDITIONS FOR PARKING GARAGES AND HOTEL PARKING SPACES (AGBP)
1. RENTAL AGREEMENT
1.1 With the acceptance of the parking ticket and / or when entering the parking garage or the hotel parking lot (hereinafter: "parking area"), a rental agreement is concluded between the hotel and the tenant for the parking duration requested by the tenant within the opening times in accordance with these parking conditions.
1.2 Neither security nor custody are the subject of this contract. The hotel does not assume any custody or special care obligations for the items brought in by the tenant.
2. TERMS OF USE
2.1 The lessee is obliged to observe the care required in traffic. In particular, the special traffic rules and safety regulations in the parking area must be observed. Instructions of the hotel staff, which serve the security or the house rules, must always be followed immediately. Otherwise, the provisions of the Road Traffic Regulations apply accordingly.
2.2 Vehicles may only be parked within the marked parking spaces, but not on the parking spaces that are reserved for permanent users by signs. The hotel is entitled to reposition or have repositioned vehicles that have been parked incorrectly by taking appropriate measures at the expense of the lessee. The hotel can charge a flat rate for this; In this case, the tenant can prove that the costs did not arise or that they are significantly lower than the flat rate.
2.3 The hotel is also entitled to remove the renter's vehicle from the parking area in the event of imminent danger.
2.4 Every tenant is advised to always carefully lock his vehicle after leaving it and not to leave any valuables behind.
2.5 The opening times can be found on the relevant notices.
3. SAFETY AND REGULATORY INFORMATION
3.1 Driving in the parking area is only allowed at walking pace. The following are not permitted in the parking area:
- smoking and the use of fire,
- the storage of operating materials, operating material containers and inflammable objects,
- the unnecessary running of engines,
- parking vehicles with a leaky tank or carburetor,
- refueling, repairs, washing, interior cleaning of vehicles,
- the draining of cooling water, operating materials or oils,
- the distribution of advertising material.
3.2 Staying in the parking area is only permitted for the purpose of parking, loading and unloading, as well as collecting vehicles.
3.3 The tenant must immediately remove any contamination he has caused.
4. CHARGE / PARKING DURATION
4.1 The amount of the parking fee to be paid and the permissible parking duration result from the displayed, currently valid price list.
4.2 The maximum parking time is one month, unless a special agreement is made in individual cases.
4.3 After the maximum parking period has expired, the hotel is entitled to have the vehicle removed from the parking area at the cost of the renter, provided that the renter and / or vehicle owner have been notified in writing beforehand with a period of at least two weeks or
or the value of the vehicle obviously does not exceed the rent due. The hotel is entitled to a fee according to the price list until the vehicle is removed. 4.4 If the parking ticket is lost, at least a daily rate is due, unless the renter can provide evidence of a shorter parking time or the hotel a longer parking time.
4.5 The hotel may check the authorization to pick up and use the vehicle. Proof is provided, among other things, by presenting the parking ticket; the tenant can provide other evidence.
4.6 If the renter uses more than one parking space with his vehicle, the hotel is entitled to charge the full parking fee for the number of parking spaces actually used.
5. HOTEL LIABILITY
5.1 The hotel is only liable for damage that can be proven to have been caused by it or its vicarious agents with intent or gross negligence. This limitation of liability does not apply in the event of injury to life, limb or health or in the event of a breach of essential contractual obligations. Essential contractual obligations are those obligations, the fulfillment of which enables the proper execution of the contract in the first place and which the customer can regularly rely on to be observed.
5.2 The renter is obliged to notify the hotel immediately of any damage to his vehicle.
5.3 The hotel excludes any liability for damage caused by other tenants or other third parties. This applies in particular to damage, destruction or theft of the parked vehicle or movable / built-in objects from the vehicle or items attached to or on the vehicle.
5.4 If the renter is a hotel guest and if the hotel takes over the parking or collection of the vehicle at the request of the renter, this does not constitute a safekeeping agreement and no monitoring obligation, as this is merely a courtesy of the hotel towards the guest. Damage caused to other vehicles or property in the process must be settled through the motor vehicle liability insurance of the renter / vehicle owner. The hotel and the one from the hotel
In addition, instructed drivers are not liable for any damage directly caused to the renter's vehicle or for any financial disadvantages in connection with the settlement of damage to the other vehicles or property via the renter's / vehicle owner's motor vehicle liability insurance (deductibles, premium increases, etc.), es unless the driver commissioned by the hotel caused the damage willfully or through gross negligence or breached an essential contractual obligation. Essential contractual obligations are those obligations, the fulfillment of which enables the proper execution of the contract in the first place and which the customer can regularly rely on to be observed.
6. LIABILITY OF THE RENTER
6.1 The tenant is liable for damage caused culpably to the hotel by himself or his vicarious agents, agents or accompanying persons. He is obliged to report such damage to the hotel without being asked before leaving the parking area.
6.2 The tenant is liable for the cleaning costs in the event of contamination of the parking area caused by him within the meaning of section 3.2.
7. Lien / right of retention / recovery
7.1 Due to its claims from the rental agreement, the hotel has a right of retention and a statutory right of lien on the lessee's parked vehicle.
7.2 The hotel is entitled to remove and / or dispose of vehicles or trailers without an official registration number if this was previously threatened to the renter / vehicle owner and he has not complied with the request to remove the vehicle within a reasonable period set by the hotel. Such a threat and request is not required if the renter / vehicle owner could not be identified even after taking reasonable measures. The renter / vehicle owner is entitled to any sales proceeds minus the costs incurred and the parking fee incurred up to the time the vehicle was removed.
Without prejudice to the rights under 7.1 and 7.2, the renter is liable to the hotel for all costs arising in connection with the legitimate removal of his vehicle.