General Terms and Conditions

General Terms and Conditions for the Hotel Accommodation Contract of Hotel-Pension Schlafpunkt GmbH.


I. Scope of application

1. these terms and conditions apply to contracts for the rental of guesthouse rooms for accommodation, use of the communal and event rooms, as well as all other services and deliveries provided to the customer by the guesthouse (hereinafter referred to as Schlafpunkt).

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 Schlafpunkt, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer.

3. the customer’s terms and conditions shall only apply if this has been expressly agreed in writing in advance.

II Conclusion of contract, contract partners, statute of limitations

1. the contract is concluded when Schlafpunkt accepts the customer’s application. The sleeping point is free to confirm the room booking in writing.

2. the contractual partners are Schlafpunkt and the customer. If a third party has ordered on behalf of the customer, it shall be liable to Schlafpunkt together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that Schlafpunkt has received a corresponding declaration from the third party.

3. all claims against the sleeping point shall become time-barred one year after the beginning of the regular limitation period of § 199 I BGB. Claims for damages are subject to a limitation period of five years regardless of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by Schlafpunkt.

III Services, prices, payment, offsetting

1. Schlafpunkt is obliged to keep the rooms booked by the customer available and to provide the agreed services.

2. the customer is obliged to pay the applicable or agreed prices of Schlafpunkt for the room rental and the other services used by him. This also applies to services and expenses of Schlafpunkt to third parties arranged by the customer.

3. the agreed prices include the respective statutory value added tax. If the period between conclusion of the contract and fulfillment of the contract exceeds 4 months and if the price generally charged by Schlafpunkt for such services increases, Schlafpunkt may raise the contractually agreed price appropriately, but by no more than 5%.

4. prices may be changed by Hotel-Pension Schlafpunkt GmbH if the customer subsequently requests changes to the number of rooms booked, the services provided by Hotel-Pension Schlafpunkt GmbH or the length of stay of the guests and Hotel-Pension Schlafpunkt GmbH agrees to this.

5. invoices of the Hotel-Pension Schlafpunkt Gmb Hoder due date are payable within 7 days of receipt of the invoice without deduction. Hotel-Pension Schlafpunkt GmbH is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, Hotel-Pension Schlafpunkt GmbH is entitled to charge interest at a rate of 8% or, in the case of legal transactions involving a consumer, 5% above the respective base interest rate of the Deutsche Bundesbank. The Hotel-Pension Schlafpunkt GmbH reserves the right to prove higher damages.

6 Hotel-Pension Schlafpunkt GmbH is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.

7. the customer may only offset or reduce a claim of the Hotel-Pension Schlafpunkt GmbH with an undisputed or legally binding claim.

IV. Withdrawal of the customer (cancellation) / non-utilization of the services of Hotel-Pension Schlafpunkt GmbH (no show)

1. a withdrawal of the customer from the contract concluded with the Hotel-Pension Schlafpunkt GmbH requires the written consent of the Hotel-Pension Schlafpunkt GmbH. If this is not done, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This does not apply if Hotel-Pension Schlafpunkt GmbH breaches its obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result, or is entitled to any other statutory or contractual right of withdrawal.

2. if a date for withdrawal from the contract has been agreed in writing between the Hotel-Pension Schlafpunkt GmbH and the customer, the customer may withdraw from the contract up to that date without triggering payment or compensation claims by the Hotel-Pension Schlafpunkt GmbH. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in writing to the Hotel-Pension Schlafpunkt GmbH by the agreed date, unless there is a case of withdrawal in accordance with clause IV. number 1 sentence 3 withdrawal of the customer.

3. if rooms are not used by the customer, Hotel-Pension Schlafpunkt GmbH must offset the income from renting the rooms to other parties and the expenses saved.

4. the Hotel-Pension Schlafpunkt GmbH is free to charge a lump sum for the damage incurred and to be compensated by the customer. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight accommodation. The customer is free to prove that the above-mentioned claim did not arise or did not arise in the amount claimed.

V. Withdrawal of the Hotel-Pension Schlafpunkt GmbH .

1. if a right of withdrawal of the customer within a certain period has been agreed in writing, Hotel-Pension Schlafpunkt GmbH is entitled for its part to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right upon inquiry by Hotel-Pension Schlafpunkt GmbH.

2. if an agreed advance payment or an advance payment requested in accordance with III. 6 above is not made, Hotel-Pension Schlafpunkt GmbH is also entitled to withdraw from the contract.

3. furthermore, Hotel-Pension Schlafpunkt GmbH is entitled to withdraw from the contract for objectively justified reasons, for example if – force majeure or other circumstances for which Hotel-Pension Schlafpunkt GmbH is not responsible make it impossible to fulfill the contract. – rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose. – Hotel-Pension Schlafpunkt GmbH has reasonable grounds to believe that the use of the hotel services may jeopardize the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the sphere of control or organization of Hotel-Pension Schlafpunkt GmbH, a violation of I. Section 2 above.

4. in the event of justified withdrawal by Hotel-Pension Schlafpunkt GmbH, the customer shall not be entitled to compensation.

VI Room provision, handover and return, room regulations.

1. the customer acquires no entitlement to the provision of specific rooms.

2. booked rooms are available to the customer from 3 p.m. on the agreed day of arrival. The customer is not entitled to earlier provision.

3. on the agreed day of departure, the rooms must be vacated and made available to Hotel-Pension Schlafpunkt GmbH with keys by 11.00 a.m. at the latest. Thereafter, Hotel-Pension Schlafpunkt GmbH may charge 50% of the full accommodation price (list price) for the additional use of the room until 2 p.m., and 100% from 2 p.m. onwards. The customer is at liberty to prove to Hotel-Pension Schlafpunkt GmbH that it has incurred no or significantly lower damages.

4. the hotel is entitled to allocate reserved rooms to other guests after 18:00 on the day of arrival, unless a later arrival time has been expressly agreed.

5. all rooms and common areas of the Hotel-Pension Schlafpunkt GmbH are smoke-free. Smoking is only permitted in the smoking room and on the smoking terraces.

6. a fire alarm triggered by smoking customers will be charged to the customer at a flat rate of EUR 200.00.

VII Liability of Hotel-Pension Schlafpunkt GmbH .

1 Hotel-Pension Schlafpunkt GmbH is liable for the diligence of a prudent businessman for its obligations arising from the contract. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health, if Hotel-Pension Schlafpunkt GmbH is responsible for the breach of duty, and other damages that are based on an intentional or grossly negligent breach of duty by Hotel-Pension Schlafpunkt GmbH. Should disruptions or defects occur in the services of Hotel-Pension Schlafpunkt GmbH, Hotel-Pension Schlafpunkt GmbH will endeavor to remedy the situation upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to rectify the faults and minimize any possible damage.

2 Hotel-Pension Schlafpunkt GmbH is liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room price, up to a maximum of EUR 3,500.00, and for money, securities and valuables up to EUR 800.00. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). 1 sentences 2 to 4 above apply accordingly to any further liability of Hotel-Pension Schlafpunkt GmbH.

3. if the customer is provided with a parking space in a Hotel-Pension Schlafpunkt GmbH parking lot, even for a fee, this does not constitute a safekeeping agreement. Hotel-Pension Schlafpunkt GmbH shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the Hotel-Pension Schlafpunkt GmbH property and their contents, except in cases of intent or gross negligence. This also applies to vicarious agents of Hotel-Pension Schlafpunkt GmbH; the above paragraph 1 sentences 2-4 apply accordingly.

4. wake-up orders must be agreed separately with Hotel-Pension Schlafpunkt GmbH. Messages, post and consignments for guests are handled with care. Hotel-Pension Schlafpunkt GmbH will take care of the delivery, storage and – on request – forwarding of the same for a fee. Section 1 sentences 2 to 4 above shall apply accordingly.

VIII Final provisions

1. amendments or additions to the contract, the acceptance of the application or these terms and conditions for Hotel-Pension Schlafpunkt GmbH accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.

2. place of performance and payment is the registered office of Hotel-Pension Schlafpunkt GmbH.

3. the exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – in commercial transactions is the registered office of Hotel-Pension Schlafpunkt GmbH. If a contractual partner fulfills the requirements of § 38 paragraph 1 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of Hotel-Pension Schlafpunkt GmbH.

4 German law shall apply; the application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded

5. should individual provisions of these General Terms and Conditions for Hotel-Pension Schlafpunkt GmbH be or become invalid or incorrect, this shall not affect the validity of the other provisions. In all other respects, the statutory provisions apply.