General Terms and Conditions for hotel rooms & holiday flats at the Hotel City Residence – Frankfurt (Oder)

Allgemeine Geschäftsbedingungen (AGB) für Beherbergungsverträge des Hotel City Residence – Frankfurt (Oder)

 

1. Scope

The hotel (hereinafter referred to as the Hotel City Residence) lets to a guest (hereinafter referred to as the 'Guest'), the Guest and the Hotel City Residence hereinafter referred to individually as a 'Party' and jointly as the 'Parties', the agreed hotel room with the agreed furnishings (hereinafter referred to as the 'Hotel Room') for the agreed duration of stay (hereinafter referred to as the 'Accommodation Contract'). These General Terms and Conditions and Reservation Terms (hereinafter referred to as the 'GTC') apply to accommodation contracts for the letting of hotel rooms, including all further services and supplies provided by the Hotel City Residence to the Guest in this context.

2. Conclusion of contract

2.1. By reserving a hotel room, the Hotel City Residence offers the Guest the conclusion of an accommodation contract on the basis of these GTC, which were made available beforehand. Subject to availability, the Guest will receive a reservation confirmation from the Hotel City Residence (by email, fax, telephone or in person), depending on the reservation variant. The accommodation contract between the Hotel City Residence and the Guest comes into effect upon receipt of the reservation confirmation by the Guest, upon payment of the room rate by the Guest, or upon handover of the room key to the Guest – whichever occurs first.

2.2. Offers by the Hotel City Residence for the conclusion of an accommodation contract are non-binding and without obligation. The Hotel City Residence may, at its sole discretion, refuse to conclude an accommodation contract with a guest.

2.3. The Guest has no right to the provision of a specific hotel room. He is only entitled to the provision of a hotel room in the room category booked by him.

3. Reservation, Cancellation

3.1. The terms 'Simple Reservation' and 'Guaranteed Reservation' below differ in that, with a Simple Reservation, the Guest merely reserves a hotel room, whereas with a Guaranteed Reservation he additionally guarantees payment by providing his credit card details. The term 'Cancellation' below means the Guest's withdrawal from the accommodation contract.

3.2. If, in the case of a Simple Reservation, the Guest does not arrive at the Hotel City Residence by 6:00 p.m., the reservation lapses without compensation for the entire reservation period and the reserved hotel room is released for free letting. In the case of a Guaranteed Reservation, the reservation of the hotel room is maintained for the Guest even after 6:00 p.m.

3.3. The Guest may cancel Simple and Guaranteed Reservations free of charge until 6:00 p.m. on the day of arrival, unless expressly excluded before the reservation is concluded.
Cancellations of Guaranteed Reservations made after 6:00 p.m. on the day of arrival are not permitted and do not lead to a termination of the accommodation contract. In this case, the Guest remains obliged to pay the room rate for the first night less fifteen percent (15%) for expenses saved. The same applies if the Guest does not arrive on the day of arrival without cancelling his reservation. The Guest is free to prove that the expenses saved by the Hotel City Residence are higher.

3.4. In the case of multi-day Guaranteed Reservations, all subsequent nights from the second night onwards are cancelled if the Guest does not arrive. In the case of early departure, clauses 3.3. and 3.4. sentence 1 apply accordingly for Simple and Guaranteed Reservations.

3.5. For group travel, the special terms contained in clause 8 apply.

3.6. If the Guest decides to pay for an online reservation made via third parties (e.g. internet portals) directly using an online payment system, any subsequent rebooking or cancellation of the reservation online is only possible in accordance with the requirements of that third party.

3.7. Furthermore, the Hotel City Residence is entitled, without prejudice to statutory rights of withdrawal and after setting a prior deadline, unless such a deadline is dispensable by law, to withdraw from the accommodation contract if:
– Höhere Gewalt und/oder andere vom Hotel City Residence nicht zu vertretende Umstände die Erfüllung des Beherberungsvertrags unmöglich machen;
– Hotelzimmer oder Räume schuldhaft unter irreführender und/oder falscher Angabe und/oder Verschweigen wesentlicher Tatsachen gebucht werden; wesentlich kann dabei die Identität des Gastes, die Zahlungsfähigkeit und/oder der Aufenthaltszweck sein;
– das Hotel City Residence begründeten Anlass zu der Annahme hat, dass die Inanspruchnahme der Leistung den reibungslosen Geschäftsbetrieb, die Sicherheit oder das Ansehen des Hotels City Residence in der Öffentlichkeit gefährden kann, ohne dass dies dem Herrschafts- bzw. Organisationsbereich des Hotels City Residence zuzurechnen ist;
– der Zweck bzw. der Anlass des Aufenthaltes gesetzeswidrig ist;
– ein Verstoß gegen Ziffer 5.2. vorliegt.

3.8. The justified withdrawal of the Hotel City Residence does not give rise to any claim by the Guest for damages or reimbursement of futile expenses.

4. Arrival and departure

4.1. The Hotel City Residence provides the Guest with the hotel room in the agreed room category or with the agreed furnishings on the day of arrival, subject to availability, usually from 2:00 p.m., and in no case later than 2:00 p.m., except for travel groups, in no case later than 5:00 p.m. For access to the Hotel City Residence and to the hotel room, the Guest receives a key/a locking system at check-in at the reception.

4.2. On the day of departure, the Guest must vacate his hotel room by 11:00 a.m. at the latest and hand it over undamaged. Thereafter, the Hotel City Residence may charge the Guest one hundred percent (100%) of the room rate for the unauthorised use of the hotel room due to the late vacating. The Guest is permitted to prove that the Hotel City Residence has suffered no damage or significantly less damage.

5. Terms of use

5.1. In principle, only the persons named in the booking are entitled to use the hotel room. The maximum occupancy for the respective room category must not be exceeded. Babies up to the age of two (2) years are accommodated free of charge in the hotel room of at least one (1) adult full-paying guest accompanying them. A baby cot is provided on request at an additional charge. Children up to the age of five (5) years usually stay free of charge in their parents' bed. Children who need their own bed pay the full price for an additional extra bed or for a full hotel bed. Family rooms are primarily intended for families. The maximum occupancy of a family room consists of one (1) or two (2) adults and, accordingly, one (1) to three (3) children up to the age of eighteen (18) years, with a maximum of four (4) persons in total.

5.2. The subletting or further letting of the hotel room provided, as well as its use for purposes other than accommodation, is generally prohibited and requires the prior consent of the Hotel City Residence in text form, whereby § 540 para. 1 sentence 2 of the German Civil Code (BGB) is excluded, insofar as the Guest is not a consumer.
Clause 8 also applies to group travel. The assignment or sale of the claim against the Hotel City Residence is also not permitted. In these cases, the Hotel City Residence is entitled to cancel the booking, in particular if the Guest has made false statements to the third party regarding the type of booking and/or the payment in connection with the assignment/sale. Clause 3.8. applies accordingly to such cancellations. Use of the hotel room for a purpose other than accommodation is not permitted.

5.3. During his stay at the Hotel City Residence, the Guest must observe the house rules displayed there.

6. Room rates and other prices

6.1. The room rate payable by the Guest is the consideration for the provision of the hotel room by the Hotel City Residence within the arrival and departure times set out in clause 4. For each reserved overnight stay that has not been validly cancelled, a full room rate is charged – irrespective of the actual use or overnight stay by the Guest.

6.2. The applicable prices are gross total prices excluding ancillary services (breakfast and/or charges for pets as well as extra beds and services individually ordered by the Guest from the hotel kitchen and the hotel restaurant) and include all statutory taxes, charges and levies. In the event of a change in tax, charge and levy rates, as well as the effective imposition of new taxes, charges and levies previously unknown to the Parties, the Hotel City Residence reserves the right to adjust the prices accordingly. Not included are local levies which, under the respective municipal law, are owed by the Guest himself, such as visitor's tax or accommodation tax.

7. Payment terms

7.1. The room rates and the prices for ancillary services are due for payment on site at the latest upon arrival of the Guest at the Hotel City Residence, irrespective of the date of invoicing. In the event of late payment, the Hotel City Residence is entitled to terminate the accommodation contract with immediate effect by way of extraordinary termination, if required by law after prior warning, whereupon the Guest must vacate the hotel room immediately.

7.2. Notwithstanding clause 7.1., in the case of a reservation duration of more than one (1) overnight stay, the Hotel City Residence is entitled to require the Guest to make an advance payment towards the accommodation costs up to the amount of the expected total invoice amount. Alternatively, the Guest may, at his option and with the consent of the Hotel City Residence, provide appropriate security in the form of a deposit by credit card.

7.3. The Hotel City Residence accepts cash in euros, advance payment, transfers with company cost assumptions, EC and Maestro cards, as well as the following credit cards: Visa and MasterCard. The Hotel City Residence reserves the right to accept other means of payment (cash in other currencies and/or other credit and debit cards), but there is no obligation to accept them.

7.4. The Guest may only assert rights of set-off and retention if the underlying counterclaims are undisputed or have been established by a final court decision.

8. Special terms for group travel

By way of derogation from, or in addition to, the other provisions of these GTC, the following applies to a group of at least four (4) full-paying guests for whom a joint reservation exists ('Travel Group'):

8.1. When making the reservation, a contact person ('Overall Responsible Person') must be named for the travel group vis-à-vis the Hotel City Residence.

8.2. Before the travel group arrives, a list of names of all participants must be submitted to the Hotel City Residence.

8.3. Upon reservation, the Overall Responsible Person receives a reservation confirmation from the Hotel City Residence with the essential details of the reservation made, details on check-in and, if applicable, on the security deposit and other payment terms. Reservations by travel groups are always Guaranteed Reservations within the meaning of clause 3.1. and therefore require the provision of credit card details.

8.4. The total amount of the accommodation costs is to be paid by bank transfer to the bank account of the Hotel City Residence specified in the reservation confirmation or notified to the Overall Responsible Person by the Hotel City Residence after conclusion of the reservation.

8.5. The Hotel City Residence is entitled to require the accommodation costs of the travel group, including the costs for ancillary services within the meaning of clause 6.2., no later than twenty-eight (28) calendar days before the day of arrival, or, if the reservation is made later than twenty-eight (28) calendar days before the day of arrival, immediately upon reservation, in each case irrespective of the date of invoicing. If the travel group or the respective Guest does not pay the accommodation costs when due, the Hotel City Residence reserves the right to charge the credit card provided in the amount of the accommodation costs owed. If no payment has been made by the due date or if the credit card provided cannot be charged, the Hotel City Residence is entitled, subject to the statutory requirements for setting a grace period, to withdraw from the accommodation contract and/or to terminate it by way of extraordinary termination and to let the hotel room reserved for the travel group or the respective Guest to another party (without prior notice to the Guest), without the Guest being able to derive any claims against the Hotel City Residence from this.
Furthermore, the Hotel City Residence is also entitled to require credit card details as security and to charge them in the corresponding amount in the event of any damage caused by the travel group.

8.6. The Hotel City Residence is entitled to require security of up to five hundred (500) euros per travel group from the Overall Responsible Person upon arrival of the travel group at the Hotel City Residence, in particular for any ancillary services within the meaning of clause 7.1. and for any damage.

8.7. By way of derogation from clauses 3.3. and 3.4., the travel group may cancel or change its reservation free of charge up to twenty-eight (28) calendar days before the day of arrival. In the case of later cancellations and/or changes, the full room rate less fifteen percent (15%) for expenses saved must be paid. The Guest/Overall Responsible Person is free to prove that the expenses saved by the Hotel City Residence are higher.

9. Liability of the Hotel City Residence

9.1. The Hotel City Residence shall be liable without limitation for damage caused intentionally or by gross negligence, as well as for damage resulting from injury to life, body or health, in the case of the assumption of guarantees and in the case of product liability for damage under the German Product Liability Act, as well as in all other cases in which liability under German law is mandatorily unlimited.

9.2. The Hotel City Residence shall be liable for damage resulting from the culpable breach of material contractual obligations (cardinal obligations). Cardinal obligations are fundamental obligations that form the core of this accommodation contract, were decisive for the conclusion of the accommodation contract and on the fulfilment of which the Guest relies and may rely. Should the Hotel City Residence fail to fulfil cardinal obligations due to simple negligence, the liability of the Hotel City Residence shall be limited to the amount that was foreseeable to the Hotel City Residence at the time the relevant service was provided and that is typical within the scope of the accommodation contract.

9.3. Unless otherwise provided for in clauses 9.1. and 9.2., liability is excluded.

9.4. Should any disruptions or defects occur in the services of the Hotel City Residence, the Hotel City Residence shall, upon becoming aware of them or upon immediate complaint by the Guest, endeavour to remedy them. The Guest is obliged to contribute what is reasonably expected of him in order to remedy the disruption and to keep any possible damage to a minimum. Furthermore, the Guest is obliged to inform the Hotel City Residence in good time of the possibility of an exceptionally high damage arising.

9.5. Where a parking space in the hotel garage or in the hotel car park is made available to the Guest, even for a fee, this does not give rise to a contract of custody. In the event of the loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, the Hotel City Residence shall be liable only in accordance with clauses 9.1. to 9.3.

10. Theft and damage

In the event of the theft of or damage to his belongings, as well as in the event of a fire, water damage or other damage in the hotel room, the Guest must inform the hotel staff immediately and do everything reasonably expected of him that may help to clarify the theft or to remedy the damage.

11. Pets

Bringing dogs and cats (hereinafter referred to as 'Pets') requires prior notification by the Guest and the consent of the Hotel City Residence; for other animals, an enquiry must be made to the Hotel City Residence, stating the exact species, whereby the Hotel City Residence may refuse consent in all cases at any time and without giving reasons.
A maximum of one (1) pet may be brought per single room and two (2) pets per double room. An additional charge is payable for each pet brought, the amount of which the Hotel City Residence will inform the Guest of upon notification. Exceptions are, however, guide dogs for the blind, hearing dogs and other comparable service dogs. These may be brought along free of charge and at any time.

12. Food and drinks brought in

The consumption of food and drinks brought in is prohibited in the public areas of the Hotel City Residence. Breakfast may only be taken in the rooms provided for this purpose. It is not possible to take away breakfast items offered. The preparation of food in the hotel rooms is prohibited.

13. Termination of the accommodation contract

13.1. The Hotel City Residence is entitled, subject to the statutory requirements for setting a grace period, to withdraw from the accommodation contract if the Guest does not pay an advance payment owed by him and/or a deposit owed by him on time or in full.

13.2. The Hotel City Residence is entitled, subject to the statutory requirements for warnings, to terminate the accommodation contract with immediate effect for good cause if the Guest is under the influence of illegal drugs during his stay at the hotel, uses the hotel room for the exercise of a commercial activity involving customer traffic, uses the hotel room for prostitution, or repeatedly insults or physically assaults hotel staff or other hotel guests despite being warned. Furthermore, in such a case the Guest may be expelled from the hotel.

14. Final provisions

14.1. Should individual provisions of these GTC be or become invalid or void, this shall not affect the validity of the remaining provisions.

14.2. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods and conflict-of-laws rules.

14.3. The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes involving cheques and bills of exchange – shall, in commercial dealings, be the ordinary court with local jurisdiction for the Hotel City Residence. This jurisdiction clause shall also apply if the Guest has no general place of jurisdiction in Germany. However, the Hotel City Residence is entitled to bring actions and other court proceedings at the general place of jurisdiction of the Guest as well.

15. Contact options and further information

Hotel address:
Hotel City Residence – Frankfurt (Oder)
Bahnhofstraße 11
D-15230 Frankfurt (Oder)

Phone: +49 335 6642 666
Fax: +49 335 3871 2143
Email: info[at]hotel-city-residence.de
Website: hotel-city-residence.de

Operating company:
City Residence Hotel Frankfurt (Oder) Betriebs GmbH
Bahnhofstraße 11
D-15230 Frankfurt (Oder)

Phone: +49 335 6642 666
Email: info[at]hotel-city-residence.de

represented by:
Mr Javaid Mohammad

VAT identification number:
DE361735701

Register & Registernummer:
Amtsgericht Frankfurt (Oder)
HRB 18989 FF

Supervisory authority:
Stadtverwaltung Frankfurt (Oder)

Data Protection Officer:
Mr Javaid Mohammad
City Residence Hotel Frankfurt (Oder) Betriebs GmbH
Bahnhofstraße 11
D-15230 Frankfurt (Oder)

Phone: +49 335 6642 666
Email: info[at]hotel-city-residence.de