Terms and conditions
General Terms and Conditions for the contract at Hotel garni Jacobs GmbH & Co. KG
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 Hotel garni Jacobs GmbH & Co. KG provided to the customer.
2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require prior written consent of the hotel, whereby § 540 paragraph 1 sentence 2 BGB is waived, as far as the customer is not a consumer.
3. The registration and use of rented rooms for commercial use of any kind is prohibited.
4. General Terms and Conditions of the guest do not apply. You are contradicted.
II. Conclusion of contract, – partners, statute of limitations
1. The contract is concluded by the acceptance of the customer’s request by the Hotel garni Jacobs GmbH & Co. KG. The Hotel garni Jacobs GmbH & Co. KG is free to confirm the room reservation in writing.
2. Offers made by Hotel garni Jacobs GmbH & Co. KG are non-binding until the conclusion of the contract.
3. Contractual partners are the Hotel garni Jacobs GmbH & Co. KG and the customer. If a third party has ordered for the customer, he is liable to the Hotel garni Jacobs GmbH & Co. KG together with the customer as the joint debtor for all obligations under the contract, if the Hotel garni Jacobs GmbH & Co. KG has a corresponding declaration from the third party.
4. Cancellations and similar statements are only effective if made in writing.
5. For group bookings of 8 or more persons, the organizer is obligated to send a list of participants to Hotel garni Jacobs GmbH & Co. KG no later than 7 days before arrival.
6. All claims against the Hotel garni Jacobs GmbH & Co. KG expire one year from the beginning of the knowledge-dependent regular limitation period of § 199 IBGB. Claims for damages become statute-barred in five years. The limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty of Hotel garni Jacobs GmbH & Co. KG.
III. Services, prices, payment, offsetting
1. The Hotel garni Jacobs GmbH & Co. KG is obliged to keep the rooms reserved by the customer available and to render the agreed services.
2. The customer is obliged to pay for the room delivery and the other services claimed or agreed upon by Hotel garni Jacobs GmbH & Co. KG.
This also applies to services and expenses of the Hotel garni Jacobs GmbH & Co. KG arranged by the customer to third parties.
3. The agreed prices include the respective statutory value added tax. If there has been a change in VAT during the period between reservation and invoicing, the invoice amount will be adjusted to the value added tax rate applicable on the day of invoicing. If the period between conclusion of contract and fulfillment of the contract exceeds 4 months and the price charged by Hotel garni Jacobs GmbH & Co. KG for such services generally increases, this may increase the contractually agreed price appropriately, but not by more than 5%.
4. Prices may also be changed by Hotel garni Jacobs GmbH & Co. KG if the customer subsequently requests changes to the number of booked rooms, the services of Hotel garni Jacobs GmbH & Co. KG or the length of stay of the guests and the Hotel garni Jacobs GmbH & Co. KG agrees.
5. For special prices (offers, deals) an advance payment of 100% of the total price is required. These bookings can no longer be canceled and the Hotel garni Jacobs GmbH & Co. KG is entitled to deduct the entire price from the credit card.
6. Invoices of Hotel garni Jacobs GmbH & Co. KG or the due date are payable immediately or immediately upon receipt of the invoice without deduction. The Hotel garni Jacobs GmbH & Co. KG is entitled to demand any accumulated claims at any time and demand immediate payment. In the event of default of payment, the Hotel garni Jacobs GmbH & Co. KGl is entitled to charge interest at the rate of 8% or, in the case of legal transactions involving a consumer, 5% above the respective base interest rate of the Deutsche Bundesbank. Hotel garni Jacobs GmbH & Co. KG reserves the right to prove higher damages.
7. Hotel garni Jacobs GmbH & Co. KG is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package holidays. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
8. The customer can only set off or reduce an uncontested or legally enforceable claim against a claim of Hotel garni Jacobs GmbH & Co. KG.
IV.Resignation of the customer (cancellation, cancellation) / Non-use of the services of the Hotel garni Jacobs GmbH & Co. KG (No Show)
1. A resignation of the customer from the contract concluded with the Hotel garni Jacobs GmbH & Co. KG requires the written consent of the Hotel garni Jacobs GmbH & Co. KG. If this is not the case, then the agreed price from the contract is payable even if the customer does not make use of contractual services. This does not apply to breach of the obligation of Hotel garni Jacobs GmbH & Co. KG to take into account the rights, legal interests and interests of the customer, if the latter can no longer reasonably be expected to hold on to the contract, or is entitled to any other legal or contractual right of withdrawal.
2. Insofar as an appointment to withdraw from the contract has been agreed in writing between Hotel garni Jacobs GmbH & Co. KG and the customer, the customer may by then withdraw from the contract without triggering payment or damage claims of Hotel garni Jacobs GmbH & Co. KG. The customer’s right of withdrawal lapses if he does not exercise his right of withdrawal in writing vis-à-vis the Hotel garni Jacobs GmbH & Co. KG by the agreed date, unless a case of withdrawal pursuant to Clause IV, No. 1, sentence 3, of the customer’s resignation exists.
3. The Hotel garni Jacobs GmbH & Co. KG is free to charge the resulting damage to be compensated by the customer. In this case, the customer is obliged to pay at least 80% of the contractually agreed price for bed and breakfast.
4. Individually agreed cancellation conditions have priority, otherwise a cancellation up to 48 hours before the arrival date is possible free of charge, then up to 80% of the room rate, as well as the booked services.
V. Resignation of the Hotel garni Jacobs GmbH & Co. KG
1. If a right of withdrawal of the customer within a certain period has been agreed in writing, the Hotel garni Jacobs GmbH & Co. KG in this period for its part entitled to rescind the contract, if inquiries from other customers for the contractually booked rooms.
2. If a pre-agreed advance payment is not made, as stipulated in III. 6 above, Hotel garni Jacobs GmbH & Co. KG is also entitled to withdraw from the contract.
3. Furthermore, the Hotel garni Jacobs GmbH & Co. KG is entitled to objectively rescind the publisher for materially justified reasons, for example, if – force majeure or other circumstances beyond the control of the Hotel garni Jacobs GmbH & Co. KG make fulfillment of the contract impossible. – Rooms misleading or misrepresenting material facts, e.g. in the person of the customer or the purpose to be booked. – the Hotel garni Jacobs GmbH & Co. KG justified reason to assume that the use of the hotel service can jeopardize the smooth operation, the security, or the reputation of the Hotel garni Jacobs GmbH & Co. KG in public without this being the domain or organization of the Hotel garni Jacobs GmbH & Co. KG, a violation of the above I. Paragraph 2 is present.
4. In case of legitimate withdrawal of Hotel garni Jacobs GmbH & Co. KG no claim of the customer for compensation for damages arises.
VI. Room Provision, Handover and Return
1. The customer does not acquire the right to provide certain rooms.
2. Booked rooms are available to the customer from 1 pm on the agreed arrival day. The customer has no right to earlier availability.
3. On the agreed departure day, the rooms of the Hotel garni Jacobs GmbH & Co. KG are vacated no later than 11:00 am, to be provided with a key. Thereafter, the hotel may charge Garni Jacobs OHG beyond the damage it incurs for the additional use of the room 100% of the full accommodation price (list price).
4. The guest is obliged to identify themselves upon arrival, to provide a corresponding security deposit (valid credit card with coverage amount equal to the expected total cost of stay, deposit payment or the like) at the reception and complete the police registration form with his personal information and to sign.
5. Pets are not allowed to bring along, an offense triggers with immediate effect the Hotelaufnahmevertrag between the Hotel garni Jacobs GmbH & Co. KG and the guest and the customer (if they are not the same people) on, a claim for damages from the Hotel garni Jacobs GmbH & Co. KG to the guest be invoked.
6. An extension of the stay beyond the period agreed in the hotel reception contract is possible only after prior agreement with the reception. This agreement should be made at least halfway through the period of stay and requires the written confirmation of the reception, but not necessarily. The written confirmation is considered as a contract extension in the sense of the Hotelaufnahmevertrages. In principle, there is no entitlement to an extension.
VII. Liability of the Hotel garni Jacobs GmbH & Co. KG
1. The Hotel garni Jacobs GmbH & Co. KG is liable for the care of a proper merchant 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 by Garni Jacobs OHG and other damages that are based on an intentional or grossly negligent breach of duty by Hotel garni Jacobs GmbH & Co. KG. Should faults or deficiencies occur in the services of the Hotel garni Jacobs GmbH & Co. KG, the Hotel garni Jacobs GmbH & Co. KG will endeavor to remedy this with knowledge or immediate notification of the customer. The customer is obliged to contribute to what is reasonable for him to remedy the disturbances and to minimize possible damage.
2. For items brought in, the Hotel garni Jacobs GmbH & Co. KG is liable to the customer in accordance with the statutory provisions, which is up to a hundred times the room price, at most EUR 3,500.00, and for money, securities and valuables up to EUR 800.00. The liability claims expire if the customer does not notify the Hotel garni Jacobs GmbH & Co. KG immediately after gaining knowledge of loss, destruction or damage (§ 703 BGB). For further liability of the Hotel garni Jacobs GmbH & Co. KG the above number 1 sentence 2 to 4 shall apply accordingly.
3. Insofar as the customer is provided with a parking space in a hotel car park, also for a fee, no custody agreement is concluded. In case of loss or damage on the property of the Hotel garni Jacobs GmbH & Co. KG parked or ranked vehicles and their contents, the hotel is not liable, except in case of intent or gross negligence. This also applies to vicarious agents of Hotel garni Jacobs GmbH & Co. KG. The preceding number 1 sentence 2-4 applies accordingly.
4. Messages, mail and merchandise for guests are handled with care. The hotel takes over the delivery, storage in the normal framework, for all beyond it can be charged fees and against payment the forwarding of the same. The preceding number 1 sentence 2 to 4 applies accordingly.
VIII. Final provisions
1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions for the hotel reception should be made in writing. Unilateral changes or additions by the customer are invalid.
2. Place of fulfillment and payment is the domicile of Hotel garni Jacobs GmbH & Co. KG in Bonn.
3. The exclusive place of jurisdiction – also for check and bill of exchange disputes – is the seat of Hotel garni Jacobs GmbH & Co. KG in commercial transactions. If a contractual partner has the precondition of § 38 (1) ZPO and no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the Hotel garni Jacobs GmbH & Co. KG.
4. German law applies. The application of the UN sales law and conflict of laws is excluded.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become ineffective or incorrect, this shall not affect the validity of the other provisions. In addition, the statutory provisions apply.
6. Data protection Hotel garni Jacobs GmbH & Co. KG is entitled to process and store the data relating to the business relationship, including those originating from third parties, within the meaning of the Federal Data Protection Act and third parties commissioned by Hotel garni Jacobs GmbH & Co. KG, edit and save.