T&Cs

General terms and conditions

FOR THE HOTEL ACCOMMODATION CONTRACT

As of 11.2022

1. Scope and application

These terms and conditions apply to contracts for the booking of hotel rooms for accommodation concluded between Krefelder Hof Hotel Operations GmbH for Hotel Krefelder Hof (Hotel) and third parties (guest), as well as all other services and deliveries provided by the hotel to the guest in this context.

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

2. Conclusion of contract

The respective contract is concluded, in principle, after the guest’s verbal or written request and through the hotel’s acceptance. The hotel is free to accept the application in writing, verbally, in text form (e-mail, fax) or conclusively, by providing the service. The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, shall require the prior consent of the hotel in text form, whereby Section 540 (1) Sentence 2 of the German Civil Code (BGB) is waived insofar as the guest is not a consumer within the meaning of Section 13 of the German Civil Code (BGB).

3. Services and prices

The hotel is obliged to keep the rooms booked by the guest ready and to provide the agreed services.

The guest is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by the guest. This also applies to services commissioned by the guest directly or via the hotel, which are provided by third parties and paid for by the hotel.

The agreed prices are inclusive of taxes and local charges applicable at the time of conclusion of the contract. Local taxes that are owed by the guest according to the respective local law, such as “visitor’s tax”, are not included.

In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the subject of contractual performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion and performance of the contract exceeds four months.

The hotel may make its consent to a subsequent reduction requested by the guest in the number of rooms booked, the hotel’s services or the guest’s length of stay conditional upon a reasonable increase in the price for the rooms and/or for the hotel’s other services.

4. Terms of payment

Hotel invoices are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment shall be made within ten days of receipt of the invoice without deduction, unless otherwise agreed.

5. Provision and return of the rooms

Unless otherwise agreed in writing in individual cases, the guest has no claim to the provision of specific rooms within a room category. Ordered rooms are available to the guest from 15:00 on the agreed day of arrival. On the agreed day of departure, the rooms must be returned to the hotel vacated by 12:00 noon at the latest. For any use in excess thereof, the hotel may claim compensation for use as follows: Up to 18:00, 50% of the regular overnight rate (list price), longer than 18:00, 100% of the regular overnight rate (list price). The guest is at liberty to prove to the hotel that the hotel has suffered no or less damage. The hotel is at liberty to prove higher damages.

6. Withdrawal, cancellation and guest no-show

The guest may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract.

If a date for withdrawal from the contract free of charge has been agreed between the hotel and the guest, the guest may withdraw from the contract up to that date without triggering payment or claims for damage by the hotel.

If a right of withdrawal has not been agreed (or has already expired), if there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite a failure on the part of the guest to utilise the respective service. In the case of multi-night bookings, all subsequent nights from and including the second night will be cancelled in the event of no-show and the guest has no claim to the subsequent nights. The hotel is entitled to let the room in question to someone else.

The hotel shall take into account the income from renting the rooms to other parties, as well as the expenses saved. If the rooms are not otherwise let, the hotel may make a flat-rate deduction for expenses saved. In this case, the guest is obliged to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast, as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The guest is at liberty to prove that the aforementioned claim did not arise, or did not arise in the amount claimed.

7. Cancellation and termination by the hotel

If it has been agreed that the guest may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract during this period if there are enquiries from other guests about the contractually booked rooms, and the guest does not waive his right of withdrawal upon inquiry by the hotel with a reasonable deadline. This applies accordingly to the granting of an option if other enquiries exist, and the guest is not prepared to make a firm booking after being asked by the hotel to do so within a reasonable period of time.

If an advance payment is not made – even after expiry of a reasonable grace period set by the hotel – the hotel shall also be entitled to withdraw from the contract.

Furthermore, the hotel is entitled to the extraordinary withdraw from the contract for factually justified reasons, in particular, in instances

• of force majeure or other circumstances for which the hotel is not responsible, which render it impossible to fulfil the contract;
• where rooms or facilities are deliberately booked with misleading or false information or concealment of material facts; material facts may be the identity of the guest, the ability to pay or the purpose of the stay;
• where the hotel has reasonable grounds to assume that the use of the service may jeopardise the smooth operation of the business, the security or the reputation of the hotel in public without this being attributable to the hotel’s sphere of control or organisation;
• the purpose or reason for the stay is unlawful;
• the room provided is sublet or sublet without authorisation, or is used for purposes other than accommodation. 
  

The justified withdrawal of the hotel does not justify a claim for damages on the part of the guest.

8. Limitations of liability

The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it shall only be liable for other damages if these are based on an intentional or grossly negligent breach of duty on the part of the hotel or on an intentional or negligent breach of duties typical of the contract on the part of the hotel. Typical contractual obligations are those obligations which make the proper performance of the contract possible in the first place, and on the fulfilment of which the guest relies and may rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless expressly regulated otherwise.

Wake-up calls are carried out by the hotel with due diligence. In all other respects, the above provisions shall apply.

The hotel shall be liable to the guest for items brought into the hotel in accordance with statutory provisions. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than EUR 800 or other items with a value of more than EUR 3,500, this requires a separate storage agreement with the hotel.

Messages, mail and consignments of goods for the guest will be handled with the customary level of care. The hotel shall undertake the delivery, safekeeping and – upon express request – forwarding of the same against payment. The same applies to any belongings left behind by the guest. Insofar as the guest makes use of a parking space in the hotel garage/parking lot – even for a fee – this is done outside of the contract for the rental of hotel rooms. No custody contract is concluded with the hotel.

9. Limitation

 All claims vis-a-vis the hotel arising from (or in connection with) the contract shall become statute-barred after the expiry of one year, beginning with the end of the year in which the claim arose and the guest became aware of the circumstances giving rise to the claim, or should have become aware of them without gross negligence. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

10. Miscellaneous

In the case of accommodation in a non-smoking room (these are marked as such), smoking in these rooms constitutes use in breach of contract, which is punishable by a flat-rate contractual penalty of EUR 150.00. Through this contractual penalty, the contractual partner will share in the additional cleaning costs required (curtains, furniture, etc.). The hotel is at liberty to prove that the room cleaning has caused greater damage. In such a case, the lump-sum contractual penalty shall be credited against the actual amount of damage. If the room cannot be let on the same day due to the smell of smoke, the hotel is entitled, in addition to claiming damages, to charge an additional night at 90% of the standard rate applicable at that time. Should smoking in a non-smoking room trigger the deployment of the fire brigade via the hotel’s fire alarm system, and the hotel is charged with the costs of the operation, the guest shall also be obliged to pay compensation in this respect. The guest is at liberty to prove that the aforementioned claims did not arise, or did not arise in the amount claimed.

Bringing a pet requires the consent of the hotel. The guest is obliged to give prior notice of the wish to bring a pet. If the hotel agrees to the pet being brought along, this shall be on condition that the pet is under the constant supervision of the guest, is free from disease and does not otherwise pose a danger to the hotel guests or staff. It is not permitted to bring your pet to breakfast or to the hotel bar. There is a charge per night for the pet. Exceptions to this rule are guide dogs, dogs for the hard of hearing, and other similar service dogs. These may accompany the guest free-of-charge and at all times.

In public areas, the consumption of food and beverages brought in by guests is prohibited. Breakfast can only be consumed in the designated zones within the hotel’s public area, but not in the public areas such as the bar or lounge. It is not possible to take away the breakfast items offered, unless a lunch box has been ordered in advance. The preparation of food in the rooms is prohibited.

11. Final provisions

The place of performance and payment for both parties is the registered office of the hotel. German law shall apply. With the exception of private end consumers, Düsseldorf is agreed as the exclusive place of jurisdiction for all claims arising from (or on the basis of) the respective contract. In accordance with the legal obligation, the hotel would like to point out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (“OSPlatform”): http://ec.europa.eu/consumers/odr/However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards. The privacy policy can be viewed here.