§ 1. Scope of application
The present terms and conditions of business shall apply to hotel accommodation agreements and also all further services and supplies rendered by the hotel for the guest (hereinafter after referred to as customer).
Sub- or further rental of the rooms, areas and cabinets provided as well as job interview, sale or similar events shall require prior written consent from the hotel.
Deviating provisions, also to the extent that they are contained in the guest’s or the customer’s general terms and conditions of business, shall only be applicable if they are expressly acknowledged by the hotel in writing.
§ 2. Conclusion of contract
The accommodation contract has been concluded as soon as rooms, premises, other supplies and services have been ordered and assured. All reservations are confirmed in writing on the part of Kolping Hotel am Römerturm GmbH. To the extent that this is no longer possible due to shortness of time, the customer shall receive a reservation number by telephone. If the reservation confirmation deviates from the contents of the registration, the contents of the reservation confirmation shall become content of the contract insofar as the guest does not contradict without delay after receipt, albeit no later than acceptance of the services.
Conclusion of the accommodation contract shall obligate the contracting partners to fulfil the contract, regardless of the duration for which the agreement has been concluded.
The hotel and the guest are the contracting parties. If a third party makes the booking for the guest, he shall be liable towards the hotel as joint and several debtor for all obligations from the contract as the customer together with the guest, to the extent that a matching declaration from the customer is available to the hotel. Independent of this, each customer shall be obliged to forward all the information relevant for the booking, in particular these general terms and conditions of business, to the guest.
§3. Services, prices, payment
The hotel is obliged to provide the rooms ordered by the customers and to render the services according to the provisions of these general terms and conditions of business.
The guest shall be obliged to pay the hotel’s prices valid or agreed for the provision of the rooms and the further services of which he makes use. This shall also apply to services arranged for by the guest or the customer and expenditure of the hotel towards third parties to the extent that the expenditure and services have been agreed contractually or approved by the guest.
The agreed prices include the value added tax at the time in question. If the period between the conclusion of the agreement and the performance of the agreement exceeds four months and if the price charged by the hotel for such services increases, the hotel can raise the price agreed by contract suitably, albeit no more than 10%.
If legislation provides for an increase in value added tax, the hotel shall adapt the costs of overnight accommodation accordingly. If a further hotel-specific charge or tax is resolved by legislation at short notice or only for a certain period within the municipality, this charge or tax shall be passed on to the guest by the hotel directly.
The charges for booked services shall be due for payment before the guest’s departure in general.
The prices can also be changed by the hotel if the guest subsequently requests changes to the number of rooms booked, the hotel’s services or the guests’ period of stay and the hotel approves this.
The hotel’s invoices shall be due for payment without deduction immediately after receipt of a proper invoice following complete rendering of the services free of complaints. The guest shall fall into arrears if he does not make a payment within 14 days of maturity and receipt of an invoice; this shall only apply to a guest who is a consumer if specific reference has been made to these consequences in the invoice. In arrears in payment, the hotel shall be entitled to charge consumers default interest to the amount of 5% above the base rate of interest. In business dealings, the rate of default interest shall be 8% above the base rate of interest. The right to claim higher damages shall remain reserved for the hotel.
The hotel shall be entitled to demand a suitable down payment or collateral at conclusion of the contract or thereafter. The amount of the down payment and its maturity can be agreed in the contract. The hotel shall further be entitled to place claims occurring during the guest’s stay in the hotel due for payment at any time by provision of an interim invoice and to demand payment without delay.
The guest can only offset against a claim by the hotel or reduce the price with an undisputed or legally effective claim.
If rooms or other services are reserved on an option basis, the option data shall be binding for both parties. After the expiry of the agreed option period, the hotel can freely dispose of the rooms and services in the option booking without further agreement.
Any special terms which may be granted must be mentioned at the booking or upon arrival. Later amendments or reductions are not possible.
Kolping Hotel am Römerturm GmbH may request a valid credit card number of a credit card enterprise accepted by Kolping Hotel am Römerturm GmbH as a guarantee for a reservation and for the services resulting therefrom.
The exclusive invoice currency is the EURO.
If the invoice amount exceeds € 500, Kolping Hotel am Römerturm GmbH shall be entitled to produce interim invoices, e.g. in the form of weekly invoices, and to request payment from the guest.
Interim invoices shall be paid by the guest directly after receipt. If the guest falls into arrears with his payment, the hotel can cancel the agreement with immediate effect. The right to claim further costs, in particular loss of further rental, shall remain reserved for Kolping Hotel am Römerturm GmbH. Invoices for companies, travel agencies etc. shall only be produced if a written declaration of assumption of costs has been submitted to the hotel by the recipient of the invoice on its official letterhead and this has been accepted on the part of the hotel. Such invoices shall be due for payment within ten days of the date of the invoice, without deduction and in the currency stated on the invoice. This shall also apply if the payment has been credited to the guest.
In the event of arrears in payment, Kolping Hotel am Römerturm GmbH shall be entitled to charge interest which is at least 5% above the normal interest of the ECB. The right to charge higher damage resulting from the arrears in payment shall remain unaffected.
Payment reminders shall be charged at a lump-sum of EUR 10.00.
Acceptance and choice of credit cards shall be free for Kolping Hotel am Römerturm GmbH in each individual case, even if the principal acceptance of credit cards is displayed by notices in the hotel. In addition, acceptance of cheques, credit cards and other means of payment shall only be on account of performance.
Prices for groups shall only apply as a result of specific written agreement. The effectivity of a reservation for groups shall further depend on the payment of an advance payment to the amount of at least 50% of the service to be reserved, in which context the advance payment must have reached Kolping Hotel am Römerturm GmbH four weeks before the group’s arrival so that the reservation becomes effective.
In the event of group reservations, the hotel reserves the right to reduce the number of the rooms not used and/or to amend the agreed price if less than 75% of the agreed rooms are taken.
§ 4. Withdrawal of the guest, cancellation, reduction
The hotel grants the guest a right of withdrawal at any time.
For group reservations, the time stated in the accommodation agreement shall apply.
For individual reservations, the time stated in the reservation confirmation shall apply.
In the event of a guest/organiser withdrawing from the reservation, the hotel shall have a claim to a suitable indemnification.
The hotel shall have the choice of claiming a lump-sum for withdrawal in lieu of a specified indemnification from the contracting party. The lump-sum for withdrawal shall be 90% of the amount agreed by contract for overnight accommodation with or without breakfast.
For events and group bookings:
more than 56 days: no charging of provision costs
55th to 28th day: charging of the provision costs plus reimbursement of 25% of the lost turnover (meals and beverages); if the latter has not yet been stipulated, the minimum set meal price conference x number of people shall apply
27th to 14th day: charging of the provision costs plus reimbursement of 50% of the lost turnover (meals and beverages); if the latter has not yet been stipulated, the minimum set meal price conference x number of people shall apply
13th to 3rd day: charging of the provision costs plus reimbursement of 75% of the lost turnover (meals and beverages); if the latter has not yet been stipulated, the minimum set meal price conference x number of people shall apply
within 72 hours: charging of the provision costs plus reimbursement of 90% of the lost turnover (meals and beverages); if the latter has not yet been stipulated, the minimum set meal price conference x number of people shall apply
If the hotel has granted the guest an option of withdrawing from the contract within a certain period without further legal consequences, the hotel shall have no claim to indemnification. Receipt of the declaration of withdrawal by the hotel shall be decisive for its punctuality. The contracting partner must declare the withdrawal in writing.
Reduction for group bookings (7 or more rooms or services per person)
up to 56 days before date of arrival: return of the booked services 100% free of charge
between 55 and 28 days: return of the booked services 50% free of charge
between 27 and 14 days: return of the booked services 20% free of charge
between 13 and 7 days before the date: return of the booked services 10% free of charge
between 6 and 2 days before the date of arrival: two rooms or services per person can be cancelled free of charge
§ 5. Withdrawal by the hotel
If the guest has been granted a right of withdrawal free of charge according to § 4, the hotel shall likewise be entitled to withdraw from the contract within the agreed period.
If an advance payment or collateral agreed according to § 3, subsection 6, is not paid within the period set for it, the hotel shall likewise be entitled to withdraw from the contract.
Further, the hotel shall be entitled to withdraw from the agreement for good and sufficient reason, in particular if
force majeure or other circumstances for which the hotel is not answerable make performance of the contract impossible
rooms are booked with misleading or false statements of essential facts, e.g. the guest’s name or purpose
the hotel has substantiated reason to assume that use of the hotel service might jeopardise unproblematic business operations, the safety or the reputation of the hotel in the public without this being ascribed to the hotel’s sphere of control or organisation
a booking took place with misleading or wrong statements of essential facts, e.g. the organiser or purpose
the hotel obtains knowledge of circumstances that the guest’s economic situation has considerably deteriorated following conclusion of the contract, in particular if the guest does not settle receivables of the hotel which are due for payment or does not provide adequate collateral and the hotel’s claims to payment appear jeopardised for this reason,
the guest has made an application for opening of insolvency proceedings against his assets, has made an affidavit according to § 807, Code of Civil Proceedings, has initiated extrajudicial proceedings serving to regulate debts or has ceased his payments
insolvency proceedings have been opened against the guest’s assets or opening of the same has been rejected due to insufficiency of funds or for other reasons.
The hotel shall inform the guest of the exercising of the right of withdrawal in writing without delay.
In the aforementioned cases of withdrawal, no claim to damages shall originate for the contracting party.
§ 6. Arrival and departure
The guest shall not acquire a claim to provision of specific rooms unless the hotel confirms the provision of specific rooms in writing. If agreed rooms are not available, the hotel shall be obliged to endeavour to find equivalent replacements in the house or in other objects. The hotel’s contractual scope of service shall result from the agreements made in writing. If the guest does not take a booked meal, e.g. breakfast, regardless of the reason, neither a claim to reimbursement, also not pro rata, nor to reduction of price shall accrue to him.
To the extent not agreed to the contrary in writing, reserved rooms shall be available to the guest from 3.00 p.m. on the date of arrival and must be cleared by 11 a.m. on the date of departure.
The reservation dates shall be binding for both contracting parties. Reserved rooms shall only be available to the recipient of the service for the agreed period of time. Use of reserved rooms over and above the agreed period shall require the hotel’s approval. If departure after 11 a.m. is planned, reception shall be informed no later than 9 p.m. on the previous evening. After that, the hotel can charge the day price of a room over and above the damage incurred by it for the additional use of the room until 6 p.m., from 6 p.m. onwards 100% of the full valid price of accommodation. The guest shall be free to prove to the hotel that it has not incurred any or only considerably less damage.
§ 7. Liability
The guest or the organiser shall be liable towards Kolping Hotel am Römerturm GmbH for the damage caused by it or its guests.
Kolping Hotel am Römerturm GmbH shall not be liable towards the guest or the contracting partner if rendering of the service becomes impossible as a result of a strike or force majeure. In such cases, Kolping Hotel am Römerturm GmbH shall endeavour to procure equivalent services elsewhere.
If disturbances or defects occur in the hotel’s services, the hotel shall endeavour to remedy this without delay following a complaint by the guest. If the guest culpably refrains from notifying a defect to the hotel, no claim to reduction of the payment agreed by contract shall accrue
The hotel shall be liable in accordance with the statutory provisions for all damage from an injury to life, limb and health.
The hotel shall only be liable for other damage caused by slight negligence if it is to be ascribed to a breach of an essential contractual duty or a cardinal duty in a way jeopardising the purpose of the contract. In such case, the liability shall be limited to the foreseeable damage typical for the contract.
In other cases of damage, the hotel’s liability shall additionally be limited to an amount of max. € 100,000.00 for property damage and max. € 100,000.00 for economic damage for each case of damage individually and all cases of damage from and in connection with the contractual services. The limitation and exclusions of liability shall not apply if the other damage is based on a deliberately or grossly negligent breach of duties by the hotel, its statutory representatives or managerial staff.
Apart from the cases of liability for a defect following assumption of a guarantee for the property of an object or a work, for deceitful failure to disclose errors or personal damage, the aforementioned limitations of liability shall apply to all claims to damage, independent of their legal reason, including claims from tort. The above limitations of liability shall also apply in cases of all and any claims to damages of a contracting partner against the hotel’s employees or vicarious agents.
The hotel shall be liable towards the guest for objects which the guest brings in according to the statutory provisions, i.e. up to one hundred times the price of accommodation, albeit no more than € 3,500.00. Liability for valuables (cash, jewellery etc.) has been limited to € 800.00. Cash and valuables stored in the hotel safe are insured up to a maximum value of € 25,000.00. The hotel recommends making use of this possibility. The claims to liability shall expire if the guest does not notify the hotel without delay after obtaining knowledge of loss, destruction or damage.
To the extent that a parking space on the hotel parking area, also at a charge, is provided to the guest, no safekeeping agreement shall result. The hotel shall have no monitoring duty. If parked or manoeuvred vehicles and their contents are lost or damaged on the hotel property, the hotel shall not be liable to the extent that the hotel is not answerable for malice aforethought or gross negligence. This shall also apply to the hotel’s vicarious agents. The damage must be claimed vis-à-vis the hotel no later than leaving the hotel property.
Alarm calls shall be carried out by the hotel with maximum care. Claims to damages, except for malice aforethought or gross negligence, have been ruled out.
Messages, mail and deliveries for guests shall be treated with care. The hotel shall take on service, safekeeping and, if required at extra charge, forwarding of the same and also, upon inquiry, of lost property. Claims to damages, except for malice aforethought or gross negli-gence, have been ruled out. The hotel shall be entitled to dispose of lost property according to valid law after a matching period of time.
The contracting party’s claims to damages shall be barred no later than two years after the time at which the contracting party obtained knowledge of the damage or, without regard for this knowledge, no later than three years from the time of the damaging incident. This shall not apply to liability for damage from an injury to life, limb or health or to other damage based on a deliberate and grossly negligent breach of duty by the hotel, a statutory representative or vicarious agent.
In the event of transportation of the guest free of charge by Kolping Hotel am Römerturm GmbH, liability shall be limited according to the provisions of the motor vehicle insurance for personal and property damage.
§ 8. Miscellaneous
Animals can only be accommodated at the Kolping Hotel am Römerturm GmbH following prior announcement. Accommodation of an animal by the guest shall entitle Kolping Hotel am Römerturm GmbH to charge the currently valid prices for pets.
At events, bringing in food and beverages is ruled out as a matter of principle. Decoration of the event rooms shall require separate agreement, to the extent that it is not merely a question of table decoration.
§ 9. Final provisions
Amendments and addenda to the contract, the acceptance of the application or the present terms and conditions of business for accommodation at the hotel are to be done in writing. Unilateral amendments or addenda by the contracting party shall be ineffective.
The place of jurisdiction is Cologne.
The exclusive place of jurisdiction, also for cheque and bill disputes, shall be the hotel’s registered office or at the hotel’s choice in commercial dealings. Insofar as a contracting party does not have a general place of jurisdiction within Germany, the hotel’s registered office shall be deemed place of jurisdiction. However, the hotel shall also be entitled to make statements of claims and other judicial proceedings pending at the guest’s general place of jurisdiction.
The right of the Federal Republic of Germany shall prevail.
If individual provisions of the present general terms and conditions of business for hotel accommodation are or become ineffective or null and void, the effectivity of the remaining provisions shall not be affected. Apart from this, the statutory directives shall apply.
Addenda, amendments and side-agreements (regardless of the nature) shall require written confirmation by both contracting parties in order to attain legal effectivity.
Andreas Wörner Kolping Hotel am Römerturm GmbH
Management Sankt Apern Strasse 32
Tax no. 215/5870/0564
ID no. DE 122 783 354
Cologne County Court
HRB Cologne 2077
Cologne, 01 January 2018