General Terms and Conditions
for the hotel accommodation contract with The Pure, Frankfurt am Main
I. SCOPE OF APPLICATION
These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes as well as to all other services and deliveries provided by the hotel to the customer.
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.
The customer’s terms and conditions shall only apply if this has been agreed in writing in advance.
II. CONCLUSION OF CONTRACT, CONTRACTUAL PARTNERS, LIABILITY; LIMITATION PERIOD
The contract is concluded when the hotel accepts the customer’s request. The hotel is free to confirm the room booking in writing. The contractual partners are The Pure (The Pure Frankfurt Betriebs GmbH, Niddastrasse 86, 60329 Frankfurt am Main), hereinafter referred to as the hotel, and the customer. If a third party has placed the order on behalf of the customer, this third party shall be jointly and severally liable to the hotel together with the customer for all obligations arising from the hotel accommodation contract.
The hotel is liable for its obligations under the contract. Outside the scope of services typical of the contract, the hotel’s liability is limited to intent and gross negligence. The limitation period for all claims of the customer is six months. This limitation of liability and the short limitation period also apply in favour of the hotel in the event of a breach of obligations during contract negotiations and positive breach of contract.
III. SERVICES, PRICES, PAYMENT, SET-OFF
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 applicable or agreed prices of the hotel for the provision of the rooms and for any other services used. This also applies to services and expenses of the hotel to third parties arranged by the customer.
The agreed prices include the applicable statutory value added tax. If the value added tax included in the prices increases due to statutory provisions, the hotel is entitled to adjust the agreed prices accordingly without the separate prior consent of the customer. If the period between conclusion and performance of the contract exceeds six months and the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price reasonably, but by no more than 5%.
The hotel may also change the prices if the customer subsequently requests changes to the number of rooms booked, the hotel’s services or the guests’ length of stay and the hotel agrees to this.
Invoices issued by the hotel without a due date are payable without deduction within ten days of receipt of the invoice. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of default in payment, the hotel is entitled to charge interest at a rate of 5% above the base rate of the European Central Bank. The customer reserves the right to prove lower damages, the hotel to prove higher damages.
The hotel is entitled, upon conclusion of the contract or thereafter, to demand a reasonable advance payment or security deposit, taking into account the statutory provisions for package travel. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
The customer may only set off or reduce payment against a claim of the hotel with an undisputed or legally established claim.
IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION) / NON-USE OF THE HOTEL’S SERVICES
Withdrawal by the customer from the contract concluded with the hotel requires the written consent of the hotel. If such consent is not given, the price agreed in the contract must be paid even if the customer does not make use of the contractual services. This does not apply in cases of default in performance by the hotel or if the performance of services becomes impossible for reasons for which the hotel is responsible.
If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that date without incurring any payment or damage claims by the hotel. The customer’s right of withdrawal expires if the customer does not exercise this right in writing vis-à-vis the hotel by the agreed date, unless the hotel is in default of performance or the performance of services has become impossible for reasons for which the hotel is responsible. For rooms not used by the customer, the hotel shall credit the income from re-letting the rooms as well as any expenses saved.
The hotel is free to claim the damages incurred, which are to be compensated by the customer, as a lump sum. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that no damage has been incurred or that the damage incurred by the hotel is lower than the amount claimed.
V. WITHDRAWAL BY THE HOTEL
If a right of withdrawal for the customer within a certain period has been agreed in writing, the hotel is in turn entitled to withdraw from the contract during this period if there are enquiries from other customers for the contractually booked rooms and the customer does not waive their right of withdrawal upon the hotel’s request.
If an agreed advance payment is not made even after expiry of a reasonable grace period set by the hotel with a warning of refusal, the hotel is also entitled to withdraw from the contract.
Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for an objectively justified reason, for example if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract; rooms are booked by giving misleading or false information on material facts, e.g. regarding the identity of the customer or the purpose of the stay; the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardise the smooth running of business, the security or the public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organisation; there is a breach of clause I. no. 2.
The hotel must inform the customer immediately of the exercise of its right of withdrawal. In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation for damages.
VI. PROVISION, HANDOVER AND RETURN OF ROOMS
The customer is not entitled to the provision of specific rooms. Booked rooms are available to the customer from 2:00 pm on the agreed day of arrival. The customer has no right to earlier availability.
On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. Thereafter, in addition to the damage it has incurred, the hotel may charge 50% of the full room rate (list price) for the additional use of the room until 6:00 pm, and 100% from 6:00 pm. This does not give rise to any contractual claims on the part of the customer. The customer is free to prove to the hotel that it has incurred no damage or significantly lower damage.
VII. LIABILITY OF THE HOTEL
The hotel is liable with the care of a prudent businessman. Outside the scope of services typical of the contract, however, this liability is limited to deficiencies in performance, damage, consequential damage or disruptions attributable to intent or gross negligence on the part of the hotel. Should disruptions or deficiencies in the hotel’s services occur, the hotel will endeavour to remedy them upon becoming aware of them or upon immediate complaint by the customer. The customer is obliged to do everything reasonable to help eliminate the disruption and to keep any possible damage to a minimum.
The hotel 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 rate, but no more than EUR 3,500, and for money and valuables up to EUR 800. Money and valuables up to a maximum value of EUR 25,000 may be deposited in the hotel safe at reception. The hotel recommends making use of this option. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (Section 703 German Civil Code, BGB). Any further liability of the hotel is governed by the statutory provisions.
If the customer is provided with a parking space in the hotel car park, even for a fee, this does not constitute a safekeeping contract. The hotel is not liable for the loss of or damage to parked or manoeuvred motor vehicles and their contents, except in cases of intent or gross negligence. This also applies to the hotel’s vicarious agents.
Wake-up calls are carried out by the hotel with the utmost care. Claims for damages are excluded, except in cases of gross negligence or intent. Messages, mail and parcels for guests are handled with care. The hotel will deliver and store them and, on request and for a fee, forward them. Claims for damages are excluded, except in cases of gross negligence or intent.
VIII. FINAL PROVISIONS
Amendments or additions to the contract, the acceptance of the request or these terms and conditions for hotel accommodation must be made in writing. Unilateral amendments or additions by the customer are invalid.
The place of performance and payment is Frankfurt/Main.
The exclusive place of jurisdiction – including for disputes relating to cheques and bills of exchange – in commercial transactions is Frankfurt/Main. If a contractual partner meets the requirements of Section 38 (2) German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Frankfurt/Main.
German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and of the conflict of laws rules is excluded.
Should individual provisions of these General Terms and Conditions for hotel accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In this case, the contracting parties undertake to replace the invalid or void provision with a valid provision that corresponds to the economic purpose of the invalid or void provision. In all other respects, the statutory provisions shall apply.
(As of: 1 April 2016)