HECKER'S HOTEL Legal Notice
Hecker's Hotel - Kurfürstendamm
Tel.: +49 - (0)30 / 88 90-0
Fax: +49 - (0)30 / 88 90-260
Heinrich Hecker Hotel AG & Co. KG
Amtsgericht Paderborn HRB 4282
Board of Directors: Thomas Weber, Friedhelm Papendick
Chairman of the supervisory board: Inge Weber-Hecker
BLZ 100 500 00
Kto. 073 0005 151
IBAN: DE93 1005 0000 0730 0051 51
Postbank NL Berlin
BLZ 100 100 10
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General Terms and Conditions for Hotel Accommodations Contracts
- The present terms and conditions apply to contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel for the customer.
- The prior written consent of the hotel is required if rooms provided are to be sublet or rented to other parties or used for other than lodging purposes.
- The customer’s terms and conditions apply only if so agreed in advance.
II. Conclusion of contract; parties; limitation period
- The contract is made when the hotel accepts the customer’s application. At its own discretion, the hotel may confirm the room reservation in writing.
- The parties to the contract are the hotel and the customer. If a third party placed the order, then that party shall be liable vis-à-vis the hotel for all obligations arising from the hotel accommodation contract as joint and several debtor with the customer, insofar as the hotel has a corresponding statement by the third party.
- Any and all claims against the hotel by the customer shall generally be time-barred one year after the commencement of the general statute of limitations. Claims for damages shall expire after five years, regardless of knowledge thereof. Shorter limitation periods do not apply to claims that are based on the wilful or gross negligence of the hotel in complying with its obligations.
III. Services, rates, payment, set-off
- The hotel is obligated to keep available the rooms reserved by the customer and to render the agreed services.
- The customer is obligated to pay the applicable and/or agreed hotel rates for rooms provided and for other services used. This also applies to the hotel’s services and outlays to third parties caused by the customer.
- The agreed rates include applicable value-added tax as required by law. If the period between conclusion and fulfilment of contract exceeds four months, and if the rate generally charged by the hotel for such services increases, then the hotel may raise the contractually agreed rate to a reasonable extent, but not by more than ten percent.
- Moreover, the hotel may change rates if the customer later wishes to make changes in the number of reserved rooms, the hotel’s services, or the length of guests’ stay, and the hotel consents to such changes.
- Hotel bills not showing a due date are payable in full within ten days of receipt. At any time, the hotel is entitled to call in accrued amounts owed and require immediate payment. In case of delayed payment, the hotel is entitled to charge interest in the statutory amount in effect at the time. The hotel reserves the right to show evidence of higher damages.
- The hotel is entitled to require a reasonable advance payment or security deposit for package tours upon conclusion of contract or thereafter, observing the legal provisions. The amount of the advance payment and payment dates may be agreed in writing in the contract.
- The customer may set off or reduce a claim by the hotel only against, or claim a right of retention with respect to, an undisputed claim or one that has been adjudicated finally and absolutely.
IV. Rescission by customer (cancellation)
1. Rescission by the customer of the contract concluded with the hotel requires the hotel’s written consent. If it is not given, then the rate agreed in the contract must be paid even if the customer does not avail himself of contractual services. This does not apply in the event of the hotel's breaching its obligation to take into consideration the rights, legal assets and interests of the customer if the latter cannot reasonably be expected to continue the contract thereafter or if the customer has another statutory, non-waived, or contractual right to withdraw from the contract.
- To the extent the hotel and customer agreed in writing upon a date for rescinding the contract, the customer may rescind the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of rescission expires if he does not exercise his rescission right in writing vis-à-vis the hotel by the agreed date, unless it involves the customer's rescission under Section IV No. 1.
- If rooms are not used by the customer, the hotel must apply credit for the income from renting the rooms to other parties and also for saved expenses.
- At its discretion, the hotel may require flat-rate compensation from the customer for damages incurred. The customer is then obligated to pay 90 percent of the contractually agreed rate for lodging with or without breakfast, 70 percent for room and half-board, and 60 percent for room and full-board arrangements. The customer is at liberty to show that no damages were incurred or that the damages incurred by the hotel were lower than the flat-rate amount charged.
V. Rescission by hotel
- To the extent that a right of rescission within a certain period was agreed in writing for the customer, the hotel is entitled for its part to rescind the contract during that period if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not waive his right of rescission when asked by the hotel.
- If an agreed advance payment is not made even after a reasonable grace period set by the hotel with warning of rejection has expired, then the hotel is likewise entitled to rescind the contract.
- Moreover, the hotel is entitled to effect extraordinary rescission of the contract for materially justifiable cause, for example if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract
- rooms are reserved with misleading or false information regarding major facts, such as the identity of the customer or the propose
- the hotel has justified cause to believe that use of the hotel’s services might jeopardise the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organisation
- Section I No. 2 has been breached.
- The customer can derive no right to compensation from justified rescission by the hotel.
VI. Room availability, delivery and return
- The customer does not acquire the right to be provided specific rooms.
- Reserved rooms are available to the customer starting at 3.00 p.m. on the agreed arrival date. The customer does not have any right to earlier availability.
- Rooms must be vacated and made available to the hotel no later than 12.00 noon on the agreed departure date. After that time, the hotel may charge 50 percent of the full accommodation rate (list price) in addition to damages so incurred for the additional use of the room until 06.00 p.m. (after 06.00 p.m. 100 percent). The customer is at liberty to demonstrate to the hotel that it incurred no or much lesser damages.
VII. Liability of the hotel
- The hotel assumes liability for the due care and diligence of a prudent merchant in connection with its obligations under the contract. Customer's claims for damages shall be excluded. This excludes damages resulting from injuries to life, limb or body if the hotel is responsible for the breach of obligation, other damages resulting from wilful or gross negligence on the part of the hotel, and damages that are due to wilful or gross negligence with respect to the hotel's typical contractual obligations. A breach of duty on the part of a statutory representative or vicarious agent of the hotel is the same as a breach of duty on the part of the hotel. Should disruptions or defects occur in the hotel’s services, the hotel will endeavour to provide relief when it becomes aware of this or upon the customer’s immediate notification of the defect. The customer undertakes to contribute reasonable assistance in remedying the disruption and minimising any possible damage.
- The hotel’s liability toward the customer for property introduced to the hotel is in accordance with the statutory provisions, i.e., up to one hundred times the room rate, not to exceed EUR 3,000.00 and up to EUR 750.00 for cash and valuables. Cash and valuables up to a maximum value of EUR 100,000.00 may be stored in the hotel safe or up to EUR 10,000.00 in the room safe.
- The hotel recommends that guests utilise this possibility.
The customer is to notify the hotel immediately, i.e., without undue delay, after learning of the loss, destruction, or damage.
- Insofar as a parking space is provided to the customer in the hotel garage or on a hotel car park, this does not constitute a safekeeping agreement, even if a fee is charged. The hotel assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property, nor the contents thereof. Section VII No. 1 applies accordingly.
- Wake-up calls are carried out by the hotel with the greatest possible diligence. Messages, mail and merchandise deliveries for guests are handled with care. The hotel will deliver, hold and for a fee forward such items (on request). Section VII No. 1 applies accordingly.
VIII. Final provisions
- Changes and amendments to the contract, the acceptance of order, or these Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral changes and amendments by the customer are not valid.
- Place of performance and payment is the location of the hotel’s registered office. The laws of the Federal Republic of Germany apply. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
- In the event of dispute, including disputes for cheques and bills of exchange, the courts at the location of the hotel’s registered office have exclusive jurisdiction for commercial traffic. Insofar as a contracting party fulfils the requirements of Section 38, paragraph 2 of the German Code of Civil Procedure and does not have a general venue within the country, the courts at the location of the hotel’s registered office have jurisdiction.
- Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.
Please note: For direct or indirect links to Internet pages of third parties outside the responsibility of the webmaster, the owner of this web site is only liable for cases in which the webmaster has knowledge of the content of such pages and where it would be technically possible and reasonably possible for the webmaster to prevent such sites from having illegal content. The webmaster of this site expressly declares that at the time this web site was prepared, none of the sites to which it is linked had any recognisable illegal content. The webmaster of this site has no influence on the present or future design, content or ownership of any of the web sites given as links. They therefore expressly state that they bear no responsibility for any content of linked pages that was changed after the link was set. This applies to all links set to the web site displayed here and all references to third-party web sites in the guest book, discussion forums and mailing lists or any incomplete entries set up by the webmaster, and in particular to any disadvantage ensuing from the use or non-use of information displayed in such ways. The webmaster or owner of the linked site on which such information is displayed is solely liable, and not the webmaster or owner of the web site from which the link was made.
Terms and Conditions of Use
No liability shall be accepted for damage caused by the use of the WLAN network. Use shall be exclusively at one's own risk and responsibility.
General safety instructions
The hotel grants the free use of the WLAN network, but will not be liable for any damage caused as a result. Each user shall protect his own computer against loss of data or external destruction by means of appropriate measures such as anti-virus protection and firewall software.
This network has been set up with the utmost care and in consideration of appropriate security aspects. Still, no guarantee can be provided that this network will be free of defects or secure. Any liability for damage that is caused directly or indirectly by the use of this network shall be excluded unless it was caused by intent or gross negligence.
Liability due to infringement
You shall undertake to respect existing copyrights and ancillary copyrights as well as other rights of third parties when using the WLAN network. In the event of infringement of third-party rights, you shall be liable exclusively to the person infringed upon. If the hotel is also faced with claims for infringement of third-party rights, you shall undertake to exempt the hotel from all third-party claims.