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Terms and conditions
  • Terms of Business and General Reservation Conditions (as of January, 01 2017)
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    I. Scope

    The hotel (hereinafter, “B&B”) lets out the agreed hotel room plus agreed facilities (hereinafter “Hotel Room”) to the guest (hereinafter “Guest”) for the agreed period of the stay. These General Terms of Business and General Reservation Conditions (hereinafter: General Terms and Conditions) shall apply to hotel accommodation agreements for letting out Hotel Rooms as well as to all other services and supplies provided by the hotel to the Guests.

    II. Conclusion of agreement

    1.By reserving a Hotel Room the Guest makes an offer to B&B to enter into an accommodation agreement. If there is availability, the Guest will receive from B&B a reservation number by e-mail, fax, telephone or on site in person, depending on the type of reservation made (online/by e-mail, by phone or on site). The accommodation agreement between B&B and the Guest shall come into effect when the Guest receives the reservation number, when the Guest makes payment of the overnight rate or when the access code is provided or sent (see clause IV.1.) to the Guest – whichever is earlier.


    2.The Guest is advised that reservation numbers that the Guest receives from third parties (e.g. through Internet portals or travel companies) are not identical to B&B's reservation number. The Guest may ask for the B&B reservation number at the hotel.

    3.B&B's offers for entering into an accommodation agreement are made without obligation and are not binding. B&B may, at its own discretion, refuse to enter into an accommodation agreement with a Guest.

    4.The Guest shall not have any right to use of a particular Hotel Room. He/she is only entitled to use of a Hotel Room in the room category booked by him/her.

    III. Reservation, cancellation

    1.    The difference between the terms “simple reservation” and “guaranteed reservation” as used hereinafter is that with a simple reservation the Guest only orders a room, whereas in the case of a guaranteed reservation payment is also guaranteed by provision of his/her credit card details. The term “cancellation” as used hereinafter means that the Guest has rescinded the accommodation agreement.


    2.    If the Guest, in the case of a simple reservation, does not show up at the hotel by 7 p.m., the reservation shall be forfeited completely and the reserved rooms shall become freely available. In the case of a guaranteed reservation, the reservation of the Hotel Room will also be held for the Guest after 7 p.m.

    3.    The Guest may cancel a simple and guaranteed reservation free of charge up to 7 p.m. on the date of arrival. Cancellation of guaranteed reservations after 7 p.m. on the date of arrival shall not be permitted and shall not lead to termination of the accommodation agreement. In such cases the Guest shall still be required to pay the overnight rate for the first night less 10% for saved expenditures. The same applies if the Guest does not show up on the date of arrival without cancelling the reservation. The Guest shall be free to prove that B&B’s saved expenditures are higher.

    4.    For multi-day guaranteed reservations, all subsequent nights as of the second night will be cancelled in the case of a no-show. As a general rule, the Guest shall have no claim to the subsequent nights.

    5.    The special terms and conditions set out in clauses VIII. and IX. shall apply to group trips and reservations for dates of trade fairs and special events.

    6.    Reservations at rates designated as early bird rates shall be binding and cannot be modified or cancelled free of charge and are only bookable via the website www.hotelbb.de. In such cases, the overnight rate shall fall due immediately on reservation and shall be non-refundable. In the case of cancellation or no-show, the Guest shall be refunded only saved expenditures equal to 10% of the overnight rate. The Guest shall be free to prove that B&B’s saved expenditures are higher.

    7.    If the Guest decides to pay an online reservation directly through an online payment system, the reservation cannot be modified or cancelled online. In the case of a modification or cancellation request, the Guest must contact the hotel directly.

    IV. Arrival and departure

    1. B&B shall provide the Guest with a Hotel Room of the agreed room category/with the agreed facilities on the date of arrival based on availability, generally from 2 p.m. onwards but in any event by no later than 3 p.m. On check-in the Guest shall receive, either at the reception, the check-in terminals located at the hotel, or during online check-in, an access code for access to the hotel and the Hotel Room.


    2. The Guest shall return the Hotel Room duly vacated and undamaged by no later than 12 noon on the departure date. After such time, B&B shall be entitled to charge the Guest 100% of the overnight rate for his/her use of the Hotel Room exceeding the contractually agreed use as a result of the Hotel Room being vacated late. The Guest shall be allowed to prove that B&B incurred no or only substantially less damage.

    V. Terms and conditions of use

    1. Only those persons identified in the reservation shall be entitled to use the Hotel Room. The maximum occupation for the respective room category may not be exceeded. In this regard, children and babies shall be counted as adults.


    2. Unless otherwise expressly agreed in writing, it shall not be permitted to re-sell, re-let or pass on booked Hotel Rooms.

    3. During his/her stay in the hotel, the Guest shall observe the house rules displayed there.

    VI. Overnight rates and other prices

    1. The overnight rate payable by the Guest shall constitute the consideration for provision of the Hotel Room by B&B within the period between arrival and departure as stated in clause IV. The full overnight rate shall be charged per night – irrespective of whether the Guest actually makes use of the room or spends the night there.


    2. The rates applicable shall be the agreed prices or the prices stated on B&B's price list valid on the date of conclusion of the agreement. B&B shall have the right to increase or reduce overnight rates if a period of more than four months should elapse between the date of reservation by the Guest and the date of arrival. In the case of a price increase of more than 5%, the Guest shall have a right of rescission. This shall not apply to increases in statutory taxes, fees and levies.

    3. The rates and amounts stated in these General Terms and Conditions and in the reservation are all quoted inclusive of value added tax at the applicable rate as well as all statutory taxes, fees and levies unless expressly provided otherwise.

    VII. Terms of payment

    1. Overnight rates and prices for additional services (such as use of parking spaces, breakfast, fees for pets and all other charges not expressly stated in the accommodation agreement as being part of the overnight rate) shall be due and payable in advance by no later than the date on which the Guest arrives at the hotel, irrespective of the date of invoicing. In the event that payment is not made on time, B&B shall be entitled to terminate the accommodation agreement, after which the Guest shall be required to vacate the room.


    2. Without prejudice to clause VII.1., B&B shall be entitled to require the Guest to make, already on reservation, an advance payment on the overnight charges in an amount covering the expected total invoice, or else to require reasonable security from the Guest in the form of a security deposit by means of credit card.

    3. B&B accepts payment in euros, transfers, EC and Maestro cards and the following credit cards: Visa, MasterCard and American Express. Other modes of payment shall be permissible only with the consent of B&B.

    4. The Guest may exercise rights of set-off or retention only if the underlying counterclaims are either uncontested or are established as res judicata by a court.

    VIII. Special terms applicable to group travel

    1. The term “travel group” as used hereinafter shall mean a group of at least 15 Guests travelling together for whom a common reservation exists. The following shall apply to a travel group in derogation from or in addition to the above provisions:


    2. On reservation, a contact person is to specified for the travel group to B&B (“Leader”).

    3. A list containing the names of all of the party shall be submitted to B&B before the travel group arrives.

    4. On making a reservation the Leader will receive a reservation confirmation from B&B containing the material details of the reservation made together with data regarding check-in and, where applicable, provision of security and any other terms of payment. Reservations by travel groups shall always be guaranteed reservations within the meaning of clause III.1.

    5. The full amount of the overnight charges shall be paid by bank transfer to the B&B bank account stated in the reservation confirmation or notified by B&B to the Leader on conclusion of the reservation. Charges made for foreign transfers shall be settled in full no later than on arrival at the hotel.

    6.´The travel group's overnight charges, including charges for additional services within the meaning of clause VII.1., shall be payable in advance no later than 28 days prior to the arrival date, or immediately if the reservation is made later than 28 days prior to the arrival date – in either case irrespective of the date of invoicing. If the travel group or an individual Guest does not pay the overnight charges when due, B&B reserves the right to debit the specified credit card with the amount of overnight charges owed. If no payment is made by the due date or if it is not possible to debit the credit card specified, B&B shall have the right to let out to someone else the Hotel Room reserved for the travel group or the individual Guest without prior notice to the Guest and without the Guest having any right to make any claims against B&B as a result.

    7. The travel group may cancel or change its reservation free of charges up to 28 days prior to the arrival date. Later cancellations and changes shall be permissible only with the consent of B&B on payment of a cancellation charge.

    8. B&B shall make Hotel Rooms available to the travel group on the arrival date based on availability, as a general rule from 2 p.m. onwards, but in any event by no later than 5 p.m.

    9. B&B shall have the right to require a deposit from the Leader of €500 per travel group on arrival of the travel group at the hotel, in particular for any additional services within the meaning of clause VII.1. as well as any damages.

    10. The travel group shall receive group invoices from B&B which shall be provided to the Leader.

    IX. Special terms applicable to dates of trade fairs and special events

    1. B&B shall inform the Guest of the dates of trade fairs and special events at any time on request, however no later than on reservation. The following shall apply to dates of trade fairs and special events in derogation from, or in addition to, the above provisions:


    2. Guaranteed reservations only, but not simple reservations, shall be permissible for overnight accommodation.

    3. The terms of payment in clause VII. 6. shall apply mutatis mutandis. Clause VIII.7. shall apply mutatis mutandis to cancellations and changes to the length of stays, room categories or the number of rooms.

    X. Liability of B&B

    1. B&B shall be liable for losses arising from injury to life, limb or health. B&B shall moreover be liable for other damages attributable to an intentional or grossly negligent breach of duty on the part of B&B or an intentional or negligent breach of material contractual duties of B&B. Material contractual duties are those duties enabling the proper performance of the Agreement in the first place and on whose fulfilment the Guest relies and may rely. Any breach by a legal representative or vicarious agent of B&B shall be deemed equivalent to a breach by B&B itself. Any further-reaching claims for damages are excluded unless otherwise provided for in this clause X.


    2. In the event of any disruption to or defects in B&B’s services, B&B shall endeavour to remedy the same without undue delay on gaining knowledge or being notified thereof by the Guest. The Guest shall have an obligation to make reasonable efforts to help remedy the disruption and to limit potential damage.

    3. For items brought in, B&B shall be liable to the Guest in accordance with the statutory provisions (cf. sections 701 ff. of the German Civil Code (Bürgerliches Gesetzbuch – BGB). If the Guest wishes to bring in cash, securities and valuable items worth more than €800 or other items worth more than €3,500 into the hotel, this shall require a separate safe-keeping agreement with the hotel.


    4. If the Guest is provided with a parking space in the garage or the car-park of the Hotel, even against payment, this shall not constitute the conclusion of a contract of bailment. If vehicles or the contents of vehicles parked or otherwise located on the Hotel premises are lost or damaged, the Hotel shall be liable only subject to the provisions of clause X.1.

    5. The Hotel shall treat with any care messages, mail and consignment of goods for the Guests.

    XI. Theft and damage

    In the event of the theft of, or damage to, property or in the event of a fire, water damage or other damage to the Hotel Room, the Guest shall immediately inform the hotel staff and make all reasonable efforts to assist in the resolution of the theft or the remedying of the damage.

    XII. Pets

    The Guest must give advance notice when bringing dogs and cats (hereinafter “Pets”) into the hotel; for any other animals inquiry must be made with B&B giving a precise description of the species, with B&B in all such cases being entitled to withhold its consent at all times and without being required to state any grounds. A maximum of one Pet per single room and two Pets per double room may be brought into the hotel. For any Pet brought into the hotel, an additional fee shall be paid whose level shall be notified by B&B to the Guest on his/her notification.

    XIII. Termination of accommodation agreement

    1. B&B shall have the right to rescind the accommodation agreement in the event the Guest should not, in full and on time, pay any amount owed in advance by him/her and/or provide any security deposit owed by him/her.


    2. B&B shall be entitled to terminate the accommodation agreement if the Guest, whilst staying at the hotel, should be under the influence of illegal drugs, use the Hotel Room for a commercial activity involving customer reception, use the Hotel Room for prostitution, repeatedly act offensively towards hotel staff or other hotel guests despite a warning.
     

    XIV. Data protection

    1. The Guest is informed that his/her personal data will be stored and processed by B&B and made available to companies associated with B&B and selected third-party service providers in accordance with the Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG) for the purposes of performance of the contract, customer service and for its own advertising campaigns. B&B shall be entitled to use affiliated companies and select third-party service providers to carry out data processing to the requisite extent and to disclose such personal data pursuant to this section to those companies and to allow them to store and process the same.


    2. The Guest is entitled at any time to object to use of personal data for advertising purposes.

    3. Furthermore, the Guest's right to receive information from B&B as to personal data stored by B&B and to correct, block or delete the same shall not be affected thereby. Unless provided otherwise by law, the Guest's personal data shall be deleted when the accommodation agreement has come to an end and the statutory retention periods have expired.

    4. Full details of B&B's data protection policy can be obtained from B&B HOTELS GmbH, Altkönigstraße 10, 65239 Hochheim am Main as well as on the website www.hotelbb.de. Kindly also direct other queries on data protection to B&B at the above address.

    XV. General provisions

    1. Any changes and amendments to the accommodation agreement, the acceptance of offer or these General Terms and Conditions must be made in text form. Any unilateral changes or modifications on the part of the Guest shall be invalid.


    2. The invalidity of one or more of the above provisions shall not affect the validity of the remaining provisions.

    3. The laws of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

    4. The place of performance and payment and the exclusive place of jurisdiction in business transactions – also in the case of disputed cheques and bills of exchange – shall be the registered office of the hotel or, at B&B’s election, Wiesbaden. If a Party fulfils the condition of section 38 (2) of the German Code of Civil Procedure (Zivilprozessordnung – ZPO) and does not have a general place of jurisdiction within the territory of the Federal Republic of Germany, the place of jurisdiction shall be Wiesbaden. However, B&B shall be entitled to bring judicial actions and other legal proceedings also at the Guest’s general place of jurisdiction.

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