Terms and Conditions

Name: Hotel Engelhorn
Address: Ernst-Naujoks-Str. 2, Leimen, Baden-Württemberg, 69181, DE
Telephone: +4962247070

General Terms and Conditions for the Hotel Accommodation Contract (AGBH 8.0)

Please note: This English text is a convenience translation provided for information purposes only. Only the German version of these general terms and conditions (“AGB”) is legally binding. In the event of any discrepancy between the two versions, the German version shall prevail.

Scope of application
1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes, as well as to all further services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” comprises and replaces the following terms: lodging contract, guest accommodation contract, hotel contract, hotel room contract.
2. Subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior consent of the hotel in text form, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer within the meaning of Section 13 BGB.
3. The customer’s general terms and conditions shall apply only if this has been expressly agreed in text form in advance.
Conclusion of contract, contracting parties, limitation period
1. The contracting parties are the hotel and the customer. The contract is concluded when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in text form.
2. All claims against the hotel shall generally become time-barred one year after the statutory commencement of the limitation period. This does not apply to claims for damages or to other claims, provided the latter are based on an intentional or grossly negligent breach of duty by the hotel.
Services, prices, payment, set-off
1. The hotel is obliged to keep available the rooms booked by the customer and to render the agreed services.
2. The customer is obliged to pay the hotel’s agreed or applicable prices for the provision of the room and for any further services used. This also applies to services and expenses of the hotel vis-à-vis third parties commissioned by the customer either directly or through the hotel.
3. The agreed prices include the taxes and local levies applicable at the time the contract is concluded. Not included are local levies which, under the relevant municipal law, are owed by the guest personally, such as visitor’s tax. Should the statutory rate of value added tax change, or should local levies on the subject of the service be newly introduced, changed or abolished after conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this applies only if the period between conclusion of the contract and performance of the contract exceeds four months.
4. The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, in the hotel’s services or in 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.
5. Invoices issued by the hotel are payable immediately upon receipt without deduction. Where payment on account has been agreed, payment must be made – subject to any different agreement – within ten days of receipt of the invoice without deduction.
6. The hotel is entitled to require a reasonable advance payment or security deposit from the customer 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 may be agreed in the contract in text form. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. In the event of the customer’s default in payment, the statutory provisions apply.
7. In justified cases, for example where the customer is in arrears with payment or where the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract and up to the start of the stay, to require an advance payment or security deposit within the meaning of clause 3.6 above, or to require an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
8. The hotel is further entitled, at the start of and during the stay, to require from the customer a reasonable advance payment or security deposit within the meaning of clause 3.6 above for existing and future claims arising from the contract, insofar as such payment has not already been made in accordance with clause 3.6 and/or clause 3.7 above.
9. The customer may only set off or offset a claim against a claim of the hotel where the customer’s claim is undisputed or has been established by a final and binding court decision.
10. The customer agrees that the invoice may be transmitted to them by electronic means.
Withdrawal by the customer (cancellation) / non-use of the hotel’s services (no-show)
1. Withdrawal by the customer from the contract concluded with the hotel is possible only if a right of withdrawal has been expressly agreed in the contract, if a statutory right of withdrawal exists, or if the hotel expressly consents to the cancellation of the contract.
2. Where a date for free-of-charge withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering any claims for payment or damages by the hotel.
3. If no right of withdrawal has been agreed or if such right has already expired, if no statutory right of withdrawal or termination exists, and if the hotel does not consent to cancellation of the contract, the hotel retains its claim to the agreed remuneration despite the non-use of the service. The hotel must set off income from letting the rooms to others as well as expenses saved. If the rooms are not let to others, the hotel may calculate the deduction for saved expenses as a lump sum. In this case the customer is obliged to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast and for package arrangements including third-party services, 70% for half-board arrangements and 60% for full-board arrangements. The customer is free to provide evidence that the aforementioned claim has not arisen, or has not arisen in the amount demanded.
Withdrawal by the hotel
1. Where it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is entitled during that period to withdraw from the contract on its part if enquiries from other customers regarding the contractually booked rooms have been received and the customer, upon enquiry by the hotel with a reasonable deadline, does not waive their right of withdrawal. The same applies where an option has been granted, if other enquiries have been received and the customer, upon enquiry by the hotel with a reasonable deadline, is not prepared to make a firm booking.
2. If an advance payment or security deposit agreed or demanded in accordance with clause 3.6 and/or clause 3.7 is not made even after expiry of a reasonable grace period set by the hotel, the hotel is likewise entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified cause, in particular if:
  - force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible;
  - rooms or premises are booked culpably with misleading or false information, or with material facts withheld; material facts may include the identity of the customer, their solvency or the purpose of the stay;
  - the hotel has justified cause to assume that use of the service may jeopardise the smooth running of business, the security of the hotel or its public reputation, without this being attributable to the hotel’s sphere of control or organisation;
  - the purpose or occasion of the stay is unlawful;
  - there is a breach of clause 1.2 above.
4. Justified withdrawal by the hotel does not give rise to any claim by the customer for damages.
Provision, handover and return of rooms
1. The customer does not acquire any claim to the provision of specific rooms unless this has been expressly agreed in text form.
2. Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no claim to earlier provision.
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, on account of the delayed vacating of the room, the hotel may charge 50% of the full accommodation rate (price according to the price list) for its use beyond the contract until 6:00 p.m., and 90% from 6:00 p.m. onwards. This does not give rise to any contractual claims on the part of the customer. The customer is free to provide evidence that no claim, or a substantially lower claim, to a usage fee has arisen for the hotel.
Liability of the hotel
1. The hotel is liable for damage for which it is responsible arising from injury to life, body or health. It is further liable for other damage based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical of the contract. Duties typical of the contract are those duties which make the proper performance of the contract possible in the first place and on the fulfilment of which the customer relies and may rely. A breach of duty by a legal representative or an agent of the hotel is equivalent to a breach of duty by the hotel. Any further claims for damages are excluded unless otherwise provided for in this clause 7. Should disruptions or defects in the hotel’s services occur, the hotel will endeavour to remedy the situation upon becoming aware of it or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and to minimise any possible damage.
2. The hotel is liable to the customer for property brought onto the premises in accordance with the statutory provisions. The hotel recommends the use of the hotel safe or the room safe. Should the customer wish to bring money, securities and valuables with a value exceeding 800 euros, or other property with a value exceeding 3,500 euros, this requires a separate safekeeping agreement with the hotel.
3. Insofar as a parking space is made available to the customer in the hotel garage or in the hotel car park, whether or not for a fee, this does not constitute a contract of safekeeping. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, the hotel is liable only in accordance with clause 7.1, sentences 1 to 4 above.
4. Wake-up calls are carried out by the hotel with the utmost care. Messages for customers are handled with care. Following prior agreement with the customer, the hotel may accept and store post and consignments of goods and – upon request and for a fee – forward them. In this respect, the hotel is liable only in accordance with clause 7.1, sentences 1 to 4 above.
Final provisions
1. Amendments and supplements to the contract, to the acceptance of the application or to these general terms and conditions should be made in text form. Unilateral amendments or supplements are invalid.
2. The place of performance and payment as well as the exclusive place of jurisdiction – including for disputes concerning cheques and bills of exchange – is Leimen for commercial transactions. Insofar as the customer fulfils the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Leimen.
3. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
4. In accordance with its statutory 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/ The hotel undertakes to participate. Further information on the ODR platform, cf. Article 14 (2) of the ODR Regulation.