General Terms and Conditions (GTC) for the hotel accommodation contract of the Soho Hotelbetriebsgesellschaft mbH in Landau in der Pfalz

Our entire team makes every effort to ensure that every single guest can have a wonderful time with us. In order for this to succeed, we ask for your understanding that we only make reservations and catering in our restaurant on the basis of the following general terms and conditions:

1. Scope

1. These terms and conditions apply to all contracts for the provision of hotel rooms for accommodation and all related services

2. They apply exclusively. Conflicting or deviating terms and conditions of the customer will not be recognized unless this has been expressly agreed in writing in advance.

2. Conclusion of contract, Partners

1. The contract is only concluded when the hotel accepts the customer’s offer to conclude a contract and confirms this to the customer in text form. If confirmation in writing is not possible, telephone confirmation by the hotel is sufficient.

2. The contractual partners are the hotel and the customer who uses the hotel’s services. If a third party has ordered for the customer, he is liable to the hotel together with the customer as joint debtor for all obligations arising from the hotel accommodation contract.

3. Services, Pricing, Payment

1. The hotel is obliged to provide the rooms booked by the customer and to provide the agreed services. Unless otherwise agreed, there is no right to be provided a specific room.

2. The customer is obliged to pay the applicable or agreed hotel prices for rooms provided and for other services used. This also applies to services and expenses arranged for third parties that the customer has commissioned.

3. The agreed prices include the respective statutory VAT rates. If this increases after the conclusion of the contract, the VAT rate applicable at the time the room was rented out shall apply.

4. The hotel is entitled to make the binding reservation of the room dependent on the payment of a deposit. The hotel can also request a reasonable down payment after the contract has been concluded. Deposits required by the hotel must be paid by the specified period.

5. The invoice amount to be paid by the customer is due and payable at the latest when the customer departs.

6. The hotel is entitled to demand advance payment of the full price or the provision of security at any time – even after the room has been provided – if it has doubts about the customer’s creditworthiness. In the case of stays of more than 7 days or open claims of more than €750.00 for services already rendered, the hotel can also issue interim invoices that are due for payment immediately.

7. If the customer is in arrears with payment, even with just one invoice, the hotel is entitled to discontinue all further and possibly future services for the customer, provided that the hotel has previously reminded the customer with a deadline and threatened to discontinue future services in the event of late payment Has.

8. The hotel is free to accept and select credit cards in each individual case of presenting a credit card, even if basic acceptance is indicated by notices in the hotel.

4. Right of Offsetting and Retention

1. The customer only has the right to set off claims by the hotel if his counterclaims have been legally established, are undisputed and have been recognized by the hotel.

2. A right of retention only exists insofar as the hotel’s claim and the customer’s counterclaim are based on the same contractual relationship.

5. Cancellation by the Hotel

1. If, in individual cases, the customer’s right for free of charge withdrawal within a certain period (7 days) was agreed in writing when the contract was concluded, the hotel is entitled to withdraw from the contract if there are inquiries from other customers about the contractually booked rooms and the customer request of the hotel does not waive its right to withdraw.

2. If a deposit or corresponding advance payment is not made even after a reasonable grace period set by the hotel has expired, the hotel is then entitled to withdraw from the contract.

3. The hotel is also entitled to withdraw from the contract for an objectively justifiable reason, for example:

– force majeure or other circumstances for which the hotel is not responsible and which make it impossible to comply with the contract.

– Rooms that are booked with misleading or false information about essential facts, e.g. in the person of the customer or the purpose.

– the customer lets a third party use the room without the consent of the hotel

– there is a justified suspicion that the use of the hotel’s services could jeopardize the smooth running of business, the security or the reputation of the hotel in public, without this being attributable to the hotel’s area of ​​control or organization.

If the hotel withdraws with justification, the customer is not entitled to compensation

6. Cancellation by the customer

1. The customer has a right of withdrawal only in accordance with the statutory provisions or on the basis of contractual agreements. If, in individual cases, when the contract was concluded between the hotel and the customer, a date for free withdrawal from the contract was agreed in writing, the customer can only withdraw from the contract up to this date without triggering payment or damage claims by the hotel.

2. Otherwise, the customer is obliged to pay the agreed fee even if he does not use the hotel’s services. The hotel must take into account the income from renting the rooms to other parties or the saved expenses.

3. The hotel is free to flat-rate the deduction for saved expenses. In this case, the customer is obliged to pay 80% of the agreed price when booking the room with or without breakfast. The customer is free to prove that the expenses actually saved are higher.

7. Room handover, Return & Cession

1. Booked rooms are available to the customer from 2:00 p.m. on the agreed arrival date. Without a separate agreement, the customer has no right to earlier provision.

2. Unless a later arrival time has been agreed in advance or the room has already been paid for in full in advance or the hotel has been given a credit card number by the customer that allows the room price to be debited even if the customer does not appear, the hotel has the right to the booked room Rooms to be reassigned after 6:00 p.m. In this case, the customer has no claims against the hotel.

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. After that, the hotel can charge 80% of the agreed accommodation price for the use of the room beyond the contract until 4:00 p.m. and from 6:00 p.m. even 100% due to the delayed vacating of the room. This does not justify contractual claims by the customer. He is free to prove that the hotel has suffered no or less damage. Further damage claims of the hotel remain unaffected.

4. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel. If this has been granted, this does not justify the customer’s right of withdrawal.

8. Right of Refusal and Referral

The hotel is entitled to refuse a customer access to the hotel and accommodation if, upon the customer’s arrival, there is reasonable concern that the customer is under the influence of alcohol or drugs or is behaving abusively towards the hotel staff or other customers. The hotel is also entitled to expel a customer from the hotel and to terminate the existing contract without notice if the customer repeatedly disturbs the peace, harasses or insults other customers or the staff or even gives the impression of being insolvent.

9. Hotel Liability

1. No-fault liability of the hotel is excluded according to § 536 a BGB

2. The hotel is liable to the customer for damage to other objects/things brought in by the customer in accordance with the statutory provisions of §§ 701ff. Civil Code. Money Securities and valuables can be stored in the hotel safe. The hotel recommends that you use this option.

3. In principle, the hotel is only liable for financial losses of the customer in the event of intent or gross negligence. Notwithstanding this, the hotel is also liable for simple negligence in the event of pecuniary loss if it has culpably violated an essential contractual obligation; in this case, however, the liability for damages is limited to the foreseeable, typically occurring damage.

4. If the customer has been provided with a parking space or garage space for a fee, on their own property or on someone else’s property, the hotel will not take care of the parked vehicle and valuables stored in it, i.e. no custody agreement will be concluded. The hotel is therefore not liable for the loss of or damage to vehicles parked or maneuvering on the hotel property and their contents, unless the hotel caused the damage intentionally or through gross negligence.

5. The above limitations of liability apply to all claims for damages, regardless of their legal basis.

6. All claims against the hotel generally become time-barred after one year from the beginning of the knowledge-dependent regular limitation period of Section 199, Paragraph 1 of the German Civil Code. Claims for damages become statute-barred after five years, regardless of knowledge of the circumstances on which the claim is based and of the debtor. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel or culpable injury to life, limb or health of the customer.

10. Final Provisions

1. Changes or additions to the contract and these terms and conditions should be made in writing.

2. The place of performance and payment is the hotel’s registered office.

3. The exclusive place of jurisdiction, including for disputes over checks and bills of exchange, is the hotel’s registered office in commercial transactions. This also applies if the customer does not have a general place of jurisdiction in Germany.

4. German law applies exclusively. The application of UN sales law and internal private law is excluded.

5. Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions apply accordingly in the event that the contract proves to be incomplete. In addition, the statutory provisions apply.