18Arts Hotel – Andeleum GmbH
1. Scope
1.1. These terms and conditions apply to contracts for the letting of hotel rooms for accommodation, as well as to all other services and supplies provided by the hotel to the customer in this context (hotel accommodation contract). The term „hotel accommodation contract“ encompasses and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract and hotel room contract.
1.2. The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the hotel, whereby Section 540(1) sentence 2 of the German Civil Code (BGB) is excluded, provided that the customer is not a consumer within the meaning of Section 13 BGB.
1.3. The Customer’s general terms and conditions shall only apply if this has been expressly agreed in writing in advance.
2. Conclusion of Contract, Contracting Parties, Limitation Period
2.1. The contracting parties are the hotel and the customer. The contract is concluded upon the hotel’s acceptance of the guest’s booking. This may be done in writing, by email, by telephone or via online booking systems (e.g. GauVendi, Booking.com, Expedia).
2.2 An automatic booking confirmation via email shall be deemed acceptance of the contract.
2.3 All claims against the hotel generally become time-barred one year after the statutory limitation period begins. This does not apply to claims for damages and other claims, provided the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3. Services, Prices, Payment, Set-off
3.1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services. The guest has no right to a specific room, unless this has been expressly agreed.
3.2. The customer is obliged to pay the hotel’s agreed or applicable rates for the provision of the room and any additional services used by them. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and advanced by the hotel.
3.3. The agreed prices include the taxes and local charges applicable at the time the contract is concluded. They do not include local charges which, under the relevant local law, are payable by the guest themselves, such as visitor’s tax (cultural promotion levy).
In the event of a change in statutory VAT or the introduction, amendment or abolition of local charges on the subject matter of the service after the 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 the conclusion of the contract and its performance exceeds four months.
3.4. The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel’s services or the duration of the customer’s stay conditional upon a commensurate increase in the price for the rooms and/or for the hotel’s other services.
3.5. The hotel’s invoices are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment must be made – unless otherwise agreed – within ten days of receipt of the invoice without deduction.
3.6. Upon conclusion of the contract, the hotel is entitled to require the customer to make a reasonable advance payment or provide security, for example in the form of a credit card guarantee. 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 the event of late payment by the customer, the statutory provisions shall apply.
3.7. In justified cases, for example where the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled, even after the contract has been concluded and up to the start of the stay, to demand an advance payment or security deposit within the meaning of clause 3.6 above, or to increase the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.8. The hotel is also entitled, at the start of and during the stay, to demand 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 a payment or deposit has not already been provided in accordance with clause 3.6 and/or clause 3.7 above.
3.9. The customer may only set off or offset a claim against a claim of the hotel with an undisputed or legally enforceable claim.
3.10 The customer agrees that the invoice may be sent to them electronically.
4. Withdrawal by the customer (cancellation) / Failure to make use of the hotel’s services (no-show)
4.1. The customer may only withdraw from the contract concluded with the hotel 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 termination of the contract.
4.2. Provided that a deadline for withdrawal from the contract free of charge has been agreed between the hotel and the customer, the customer may withdraw from the contract by that date without triggering any claims for payment or damages by the hotel.
4.3. If no right of withdrawal has been agreed or has already expired, and there is no statutory right of withdrawal or termination, and the hotel does not agree to the cancellation of the contract, the hotel retains the right to the agreed remuneration despite the service not being used. The hotel must offset any income from renting the rooms to other parties as well as any expenses saved. If the rooms are not let to other guests, the hotel may apply a flat-rate deduction for expenses saved. In this case, the customer is obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast, as well as for package deals including third-party services. The customer is free to provide evidence that the aforementioned claim has not arisen or has not arisen in the amount claimed.
5. Withdrawal by the hotel
5.1. Where it has been agreed that the customer may withdraw from the contract free of charge within a specified period, the hotel is, for its part, entitled to withdraw from the contract during this period if enquiries are received from other customers regarding the rooms booked under the contract and the customer, upon being asked by the hotel and given a reasonable deadline, does not waive their right to withdraw. This applies mutatis mutandis where an option has been granted, if other enquiries have been received and the customer, upon being asked by the hotel and given a reasonable deadline, is not prepared to make a firm booking.
5.2. If an advance payment or security deposit agreed or required in accordance with Clause 3.6 and/or Clause 3.7 is not made even after the expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract for good cause, in particular if
force majeure or other circumstances for which the hotel is not responsible render performance of the contract impossible;
rooms or spaces are booked culpably on the basis of misleading or false information or the concealment of material facts; material facts in this context may include the customer’s identity, solvency or the purpose of the stay;
the hotel has reasonable grounds to believe that the use of the service may jeopardise the smooth running of the business, the safety or the public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organisation;
the purpose or reason for the stay is unlawful;
there is a breach of clause 1.2 above.
5.4. The hotel’s justified withdrawal does not entitle the customer to claim damages.
6. Provision, handover and return of rooms
6.1. The customer shall have no entitlement to the provision of specific rooms, unless this has been expressly agreed in writing.
6.2. Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer has no right to earlier provision. The rooms provided must be occupied by 18:00 on the day of arrival. After this time, they may be let to other guests by the hotel, unless the guest has previously notified the hotel in writing of a later arrival.
6.3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 am at the latest. Thereafter, due to the late vacating of the room, the hotel may charge 50% of the full accommodation price (price as per the price list) for its use beyond the contractual period until 18:00, and 90% from 18:00 onwards. This does not give rise to any contractual claims on the part of the guest. The guest is free to prove that the hotel has incurred no claim for usage fees, or a substantially lower claim.
7. Liability of the hotel
7.1. The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach of the hotel’s typical contractual obligations. Obligations typical of the contract are those obligations which make the proper performance of the contract possible in the first place and on the fulfilment of which the customer relies and is entitled to rely. A breach of duty by the hotel is equivalent to a breach by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this Section 7. Should disruptions or defects in the hotel’s services occur, the hotel shall endeavour to remedy the situation upon becoming aware of them or upon immediate complaint by the customer. The customer is obliged to make a reasonable contribution to remedying the disruption and to minimise any potential damage.
7.2. The hotel shall be liable to the customer for items brought onto the premises in accordance with statutory provisions. Should the customer wish to bring in cash, securities and valuables with a value exceeding 800 euros or other items with a value exceeding 3,500 euros, this requires a separate storage agreement with the hotel.
7.3. Where a parking space is made available to the guest in the hotel garage or on the hotel car park, even for a fee, this does not constitute a contract of safekeeping. In the event of loss or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, the hotel shall only be liable in accordance with the provisions of clause 7.1, sentences 1 to 4 above.
7.4. Wake-up calls shall be carried out by the hotel with the utmost care.
Messages for guests shall be handled with care. The hotel may, following prior agreement with the guest, undertake the acceptance, safekeeping and – upon request – forwarding of post and parcels for a fee. In this regard, the hotel shall be liable only in accordance with the provisions of clause 7.1, sentences 1 to 4, above.
8. Final provisions
8.1. Amendments and additions to the contract, the acceptance of the booking or these General Terms and Conditions must be made in writing. Unilateral amendments or additions are invalid.
8.2. The place of performance and payment, as well as the exclusive place of jurisdiction – including for disputes concerning cheques and bills of exchange – in commercial transactions is Cologne, Germany. Provided the customer meets the requirements of Section 38(2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the place of jurisdiction shall be Cologne, Germany.
8.3. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
Andeleum GmbH
18Arts Hotel
Friesenstr. 33
D-50670 Cologne
