Terms and Conditions

SCOPE

These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided by the hotel to the customer in this context.

The 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 § 540 paragraph 1 sentence 2 BGB is excluded, unless the customer is a consumer.

The customer’s general terms and conditions only apply if this has been expressly agreed in advance.

CONCLUSION OF CONTRACT, CONTRACT PARTNERS, LIMITATION

The contract is concluded when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in text form.

The contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, they are liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has a corresponding declaration from the third party.

All claims against the hotel are generally subject to a statute of limitations of one year from the start of the statutory limitation period. Claims for damages are subject to a statute of limitations of five years, regardless of knowledge, unless they are based on injury to life, limb, health or freedom. These claims for damages are subject to a statute of limitations of ten years, regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. SERVICES, PRICES, PAYMENTS, OFFSETTING

The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

The customer is obliged to pay the hotel’s agreed or applicable prices for the room rental and the other services used by them. This also applies to services and expenses of the hotel to third parties initiated by the customer. The prices include the respective statutory value added tax. Due to the non-profit status of Johanniter-Hotel Regensburg gGmbH, sales are subject to the reduced tax rate of 7% in accordance with § 12 Para. 2 No. 8 UStG.

The hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel’s services or the customer’s length of stay requested by the customer dependent on the price for the rooms and/or for the other services of the hotel increasing.

Invoices from the hotel without a due date are payable without deduction within ten days of receipt of the invoice. The hotel can demand immediate payment of due claims from the customer at any time. In the event of default in payment, the hotel is entitled to demand the respectively applicable statutory default interest at a rate of currently 8% or, in the case of legal transactions in which a consumer is involved, at a rate of 5% above the base rate. The hotel reserves the right to prove a higher level of damage.

The hotel is entitled to demand a reasonable advance payment or security deposit from the customer in the form of a credit card guarantee, a deposit or similar upon conclusion of the contract. The amount of the advance payments and the payment dates can 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 justified cases, e.g. the customer is in arrears with payment or the scope of the contract is expanded, the hotel is entitled, even after conclusion of the contract but before the start of the stay, to demand an advance payment or security deposit within the meaning of the above number 5 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

The hotel is also entitled to demand a reasonable advance payment or security deposit from the customer at the beginning of or during the stay within the meaning of the above number 5 for existing and future claims arising from the contract, provided that such has not already been paid in accordance with the above number 5 and/or 6.

The customer can only offset or charge against a claim of the hotel with an undisputed or legally established claim.

CUSTOMER’S WITHDRAWAL (CANCELLATION, CANCELLATION) / FAILURE TO USE THE HOTEL’S SERVICES (NO SHOW)

A withdrawal by the customer from the contract concluded with the hotel requires the hotel’s consent in text form. If this does not occur, the agreed price from the contract must also be paid if the customer does not make use of contractual services.

If a date for free withdrawal from the contract has been agreed between the hotel and the customer in text form, the customer can withdraw from the contract until then without triggering claims for payment or damages from the hotel. The customer’s right of withdrawal expires if they do not exercise their right of withdrawal to the hotel in text form by the agreed date.

In the event of a cancellation/reduction of booked hotel rooms/services, the hotel is entitled to calculate portions of the total booked quantities (rooms/half board, etc.) as follows:

1–5 hotel rooms/services

• Free of charge until 6:00 p.m. on the day of arrival
• From 6:00 p.m. on the day of arrival, 90% of the booked services
• No Show/ Early departure: 95% of the booked services

6–20 hotel rooms/services

• Free of charge up to 28 days
• Up to 21 days 30% of the booked service
• Up to 14 days 60% of the booked service
• Up to 7 days 80% of the booked service
• From the 6^th day 90% of the booked service
• No Show/ Early departure 95% of the booked service

21–40 hotel rooms/services

• Free of charge up to 35 days
• Up to 28 days 30% of the booked service
• Up to 14 days 60% of the booked service
• Up to 7 days 80% of the booked service
• From the 6^th day 90% of the booked service
• No Show/ Early departure 95% of the booked service

41–60 hotel rooms/services

• Free of charge up to 63 days
• Up to 56 days 30% of the booked service
• Up to 35 days 60% of the booked service
• Up to 28 days 80% of the booked service
• From the 6^th day 90% of the booked service
• No Show/ Early departure 95% of the booked service

from 61 hotel rooms/services

• Free of charge up to 84 days
• Up to 77 days 30% of the booked service
• Up to 56 days 60% of the booked service
• Up to 49 days 80% of the booked service
• From the 6^th day 90% of the booked service
• No Show/ Early departure 95% of the booked service

The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.

WITHDRAWAL BY THE HOTEL

If it has been agreed in text form that the customer can withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract on its part during this period if inquiries from other customers for the contractually booked rooms are received and the customer does not waive their right to withdraw after being asked by the hotel.

If an agreed advance payment or security deposit requested above in accordance with section III number 5 and/or 6 is not paid even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if

– Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract.

– Rooms or spaces are culpably booked with misleading or false information about essential contractual facts, e.g. regarding the person of the customer or the purpose of their stay;

-the hotel has reasonable cause to believe that the use of the hotel service may endanger the smooth business operations, the security or the reputation of the hotel in public, without this being attributable to the hotel’s area of control or organization;

– the purpose or reason for the stay is illegal;

– there is a violation of the above-mentioned section I number 2.

If the hotel rightfully withdraws from the contract, the customer has no claim for damages.

ROOM AVAILABILITY, HANDOVER AND RETURN

The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed.

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 availability.

On the agreed day of departure, the rooms must be made available to the hotel vacated by 11:00 a.m. at the latest. After that, the hotel can charge 50% of the full accommodation price (list price) for its use exceeding the contract until 6:00 p.m. due to the delayed evacuation of the room, and 100% from 6:00 p.m. This does not justify contractual claims by the customer. They are free to prove that the hotel has no claim or a significantly lower claim for usage fees.

VII. LIABILITY OF THE HOTEL

The hotel is liable for its obligations arising from the contract. Claims by the customer for damages are excluded. This does not include damages resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of typical contractual duties of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation upon knowledge or immediate complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and keep any possible damage to a minimum.

The hotel is liable to the customer for items brought in in accordance with the statutory provisions. Accordingly, liability is limited to one hundred times the room price, but not more than €3,500, and, deviating from this, for money, securities and valuables, not more than €800.

Insofar as the customer is provided with a parking space in the hotel garage or in the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in the case of intent or gross negligence. The regulation in the above number 1, sentences 2 to 4 applies accordingly to the exclusion of the customer’s claims for damages.

Wake-up calls are carried out by the hotel with the greatest care.

Messages, mail and goods shipments for guests are treated with care. The hotel takes over the delivery, storage and – on request – the forwarding of the same for a fee. The regulation in the above number 1, sentences 2 to 4 applies accordingly to the exclusion of the customer’s claims for damages

VIII. LIABILITY OF THE GUEST

The guest is liable to the hotel for the damage they cause. Self-inflicted damage to rooms, furnishings and other hotel premises must be reported to the hotel by the guest immediately. Any other damage or malfunctions that are discovered should also be reported to the hotel immediately.

FINAL PROVISIONS

Changes and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the customer are ineffective.

The place of performance and payment is the location of the hotel.

The exclusive place of jurisdiction – also for check and bill of exchange disputes – in commercial transactions is the registered office of the hotel under company law. If a contracting party meets the requirements of §38 paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the registered office of the company applies as the place of jurisdiction.