5. The customer can strive no right to compensation from justified rescission by the hotel.
VI. Room availability, delivery and return
1. The customer does not acquire the right to be provided specific rooms.
2. Reserved rooms are available to the customer starting at 3.00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability.
3. Rooms must be vacated and made available to the hotel no later than 12.00 noon on the agreed departure date. After that time, the hotel may charge 50 percent of the full accommodation rate (list price) in addition to damages so incurred for the additional use of the room until 8.00 p.m. (after 6.00 p.m. : 100 percent). The customer is at liberty to show the hotel that t incurred no or much lesser damages.
VII. Liability of the hotel
1. The hotel assumes liability for the due care and diligence of a prudent merchant,. However, its liability is limited in non-typical service areas to performance defects, damage, consequential damage, and disruptions resulting from intent or gross negligence on the part of the hotel. Should disruptions or defects occur in the hotel’s services, the hotel will endeavour to provide relief when it becomes aware of this or upon the customer’s immediate notification of the defect. The customer undertakes to contribute reasonable assistance in remedying the disruption and minimising any possible damage.
2. The hotel’s liability toward the customer for property introduces to the hotel is in accordance with the statutory provisions, i.e. up to one hundred times the room rate, not to exceed € 3,000,- and up to € 750,- for cash and valuables. Cash and valuable up to a maximum value of € 25,000,- (insured amount) may be stored in the hotel safe or room safe. The hotel recommends that guests utilise this possibility. Liability claims expire unless the customer notifies the hotel immediately after learning of the loss, destruction, or damage (Civil Code section 703).
3. Unlimited liability of the hotel is governed by the statutory provisions.
4. Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property, nor the contents thereof, excepting cases of intent or gross negligence. This also applies to those employed by the hotel.
5. Wake-up calls are carried out by the hotel with the greatest possible diligence. Damage compensation claims are precluded thereby, excepting cases of gross negligence or intentional acts.
6. Messages, mail, and merchandise deliveries for guests are handled with care. The hotel will deliver, hold, and for a fee forward such items (on request). Damage compensation claims are precludes hereby, excepting cases of gross negligence or intentional acts.
VIII. Final provisions
1. Changes and amendments to the contract, the acceptance of order, or these Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral changes and amendments by the customer are not valid.
2. Place of performance and payments is the location of the hotel’s registered office.
3. In the event of dispute, including disputes for checks and bills of exchange, the courts at the location of the hotel’s registered office have exclusive jurisdiction for commercial traffic. Insofar as a contracting party fulfils the requirements of the section 38, paragraph 1, of the German Code of Civil Procedure and does not have a general venue within the country, the courts at the locations of the hotel’s registered office have jurisdiction.
4. The contract is governed by and shall be construed in accordance with the laws of the Federal Republic of Germany.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.