PRIVATE PALACE HOTELS

TERMS OF SERVICE

Preliminary Note

One of the guest prompted and accepted by the hotel room reservation established between the two parties to a contractual relationship, the so-called hotel accommodation contract.

I. Scope

1. These terms and conditions apply to contracts for the leasing of hotel rooms for accomodation, as well as all other services and deliveries of the hotel provided to the customer.
2. The subletting and re-letting of the rooms, as well as their use for purposes other than accommodation require the prior written consent of the hotel.
3. Terms and conditions of the customer are only applicable if expressly agreed in advance.
4. For the reservation of event rooms and related services of the hotel, our terms and conditions for events apply. Detailed information please request (conference folder).

II. Contract, partner, liability; limitation

The contract is concluded by the acceptance of the customer’s application by the hotel. The hotel confirms the booking in writing.
1. Contractual partners are the hotel and the customer. If a third party has ordered for the customer, he is liable to the hotel together with the customer as the joint debtor for all obligations under the hotel accommodation contract, if the hotel has a corresponding declaration from the third party.
2. The hotel is liable with the care of a proper businessman for his obligations under the contract. Customer claims for compensation are excluded. This does not apply to damages resulting from injury to life, limb or health if the hotel is responsible for the breach of duty as well as other damages that are based on an intentional or grossly negligent breach of duty by the hotel. A breach of duty of the hotel is equal to that of a legal representative or vicarious agent. Should faults or defects in the services of the hotel occur, the hotel will make every effort to ensure that the customer acquires knowledge or if the customer makes an immediate complaint. The customer is obliged to contribute to what is reasonable for him to remedy the disturbance and to minimize possible damage.
3. For the brought in things the hotel is liable to the customer after the legal regulations. However, the hotel is liable only up to an amount equal to one hundred times the accommodation price for one day, but at least up to the amount of 600.00 € and at most up to the amount of 3.500.00 €; for money, securities and valuables, the amount of € 3,500.00 will be replaced by € 800.00.
4. Insofar as the customer is provided with a parking space in the hotel garage or on a hotel car park, also for a fee, no custody agreement is concluded. The hotel is not liable for loss of or damage to motor vehicles parked or shunted on the hotel property and their contents, except in case of intent or gross negligence. This also applies to vicarious agents of the hotel. It applies on the entire hotel area the StVO.
5. The period of limitation for all claims of the customer is one year, unless the hotel is liable due to gross negligence or intent or mandatory indispensable statutory limitation periods exist.
6. This limitation of liability and short limitation period apply in favor of the hotel even in case of breach of obligations in the contract.

III. Services, prices, payment, offsetting

1. The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
2. The customer is obliged to pay the applicable or agreed hotel prices for the room rental and the other services used by him. This also applies to services provided by customers and expenses of the hotel to third parties.
3. The agreed prices include the respective statutory value added tax.
4. The prices may be changed by the hotel if the customer subsequently wishes to change the number of booked rooms, the hotel’s service or the length of stay of the guests and the hotel agrees.
5. Invoices of the hotel without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to call for accrued receivables at any time and demand immediate payment. In the event of late payment, the hotel is entitled to charge interest at a rate of 5% above the respective base interest rate. The customer reserves the proof of a lower, the hotel of the higher damage reserved. Against proof, the hotel can assert a higher damage. The customer reserves the proof of a lower, the hotel of the higher damage reserved. Cash, bank transfer and payment by EC and Maestro cards are free of charge. When paying by Visa and Mastercard, a service charge of 2%, at American Express by 3.5% will be charged.

IV. Resignation of the customer (cancellation)

1. The customer is granted the right to terminate the contract in accordance with the following cancellation conditions. If the cancellation occurs up to 29 days before arrival, no cancellation fees will be charged. If the cancellation occurs 28 days prior to arrival, non-resale will be charged at 80% cancellation fee when booking with breakfast or 70% when booking with half board, except booking is in the last minute area, a free cancellation is not possible here. Instead of these lump sums, the customer is allowed to prove that damage has either not occurred at all or only to a lesser extent.

Please note that this clause also comes into effect in case of early departure.

V. Room preparation, handover and return

1. The customer does not acquire the right to the provision of certain rooms.
2. Subject to separate agreements, the hotel room is not available before 03.00 pm on the day of arrival.
3. The return of the hotel rooms must be done by 11.00 am on the day of departure. If the return time is exceeded, the hotel will charge the customer 50% of the list price (price list). He is free to prove that the hotel has no or a much lower entitlement to user fees incurred.
4. When registering more than one person for group, travel, seminar and conference events, the participant lists must be made known to the hotel up to 14 days before arrival or before the event. Political events are to be clearly marked when registering.

VI. Miscellaneous

1. Animals may only be brought with the hotel’s prior consent and at a surcharge. In public areas such as restaurants, hotel bar, swimming pool area etc. animals are not allowed.
2. The liability for such damage, which is not personal injury, is limited to intent and gross negligence.

VII. Final Provisions

1. Changes or additions to the contract, the acceptance of the application or these terms and conditions for the hotel reception must be made in writing. Unilateral changes or additions by the customer are invalid.
2. Place of fulfillment and payment is the seat of the hotel.
3. The exclusive place of jurisdiction – also for check and bill of exchange disputes – is the commercial domicile of the hotel. If a contractual partner fulfills the requirements of § 38 (1) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.
4. German law applies.
5. 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. Instead of an ineffective clause automatically a corresponding legal regulation occurs. In addition, the statutory provisions apply.

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