The Malerwinkel Hotel

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OUR GENERAL TERMS AND CONDITIONS

1 SCOPE

1.1 These Terms and Conditions govern contracts for the rentale of hotel rooms for the purpose of accommodation and for all services and deliveries performed for the customer by the hotel in connection therewith (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” comprises and replaces the following terms: accommodation, lodging, hotel, hotel room contract.

1.2 Subletting of rooms, or their use for purposes other than accommodation, requires prior consent in writing by the hotel, whereby § 540 paragraph 1 sentence 2 of the German Civil Code is waived if the customer is not a “consumer” (per BGB).

1.3 Any customer terms and conditions shall only apply if this has been expressly agreed in advance.

2 CONCLUSION OF CONTRACT; CONTRACTING PARTIES; LIMITATION

2.1 Contracting parties are the hotel and the customer. The contract is concluded by the acceptance of the customer´s request by the hotel. The hotel may confirm the room reservation in writing.

2.2 Any claims against the hotel lapse one year from the start of the statutory limitation period. Damage claims shall lapse in five years (dependent upon the time of their becoming known), as far as such are not based on injury to life, limb, health or freedom. Such claims for damages, regardless of when they become known, lapse at the end of ten years. The limitation periods do not apply to claims based on an intentional or grossly negligent breach of obligation.

3 SERVICES, PRICES, PAYMENT, OFFSETTING

3.1 The hotel is obligated to keep available the rooms reserved by the customer, and to provide the agreed services.

3.2 The customer is obliged to pay the currently applicable or mutually agreed upon hotel rates for use of the room provided by him and for any other services provided. This also applies to services rendered by third parties that are ordered directly by the client or commissioned through the hotel and for which the hotel incurs expenses.

3.3 The agreed prices are inclusive of taxes and local charges applicable at the date the contract is concluded. They do not include local taxes that are, according to the respective municipal law, owed by the customer, such as (for example) tourist or municipal tax. If there are changes to the legal turnover tax, or if local taxes are introduced, changed or abolished with respect to the services laid down in this contract after the contract is concluded, prices shall be adjusted accordingly. In contracts with consumers (per BGB), this only applies if the period between conclusion and fulfillment of the contract exceeds four months.

3.4 The hotel can condition its consent to a later request by the customer for a reduction in the number of rooms booked, hotel services provided or the duration of the stay dependent upon the price of the room and / or other performance by the hotel being increased.

3.5 Hotel invoices not showing a due date are payable without deduction within ten days of receipt of invoice. The hotel may demand immediate payment of outstanding debts owed by the customer at any time. If payment is delayed, the hotel is entitled to demand the respectively applicable statutory default interest in the amount of (currently) 8% or, for legal transactions with a consumer (per BGB), in the amount of 5% above the base rate. The hotel reserves the right to provide evidence of greater damage.

3.6 The hotel is entitled to demand of the customer, upon conclusion of contract, a reasonable advance payment or security deposit, for example in the form of a credit card guarantee. The amount of the advance payment and payment dates may be agreed in the contract in writing. With respect to advance payments or security deposits for package tours, statutory provisions remain unaffected.

3.7 In justified cases, for example where a customer is behind with payments or the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract and up to the time of the beginning of the stay, to require an advance payment or security deposit in accordance with the above 3.6 or an increase in the advance payment or security deposit agreed in the contract, up to the full amount of compensation agreed.

3.8 The hotel is also entitled to demand, at the beginning and during the customer´s stay, a reasonable advance payment or security deposit within the meaning of the above 3.6 for existing and future claims under the contract, provided such has not already been paid per the above 3.6 and / or 3.7.

3.9 The customer may only offset any claim by the hotel with undisputed or legally binding claims.

4 CUSTOMER WITHDRAWAL (CANCELLATION) FAILURE TO USE THE HOTEL´S SERVICES (NO SHOW)

4.1 Cancellation by the customer of the contract concluded with the hotel is only possible where the right of withdrawal was expressly agreed to in the contract, where another statutory right of withdrawal exists, or where the hotel is expressly agrees to such withdrawal from the contract. Any agreement to a right of withdrawal or the possible approval of any withdrawal from contract should in each case be made in writing.

4.2 To the extent the hotel and customer have agreed a date/time for cost-free withdrawal from the contract, the customer may cancel the contract until that date/time without incurring claims for payment or damage compensation by the hotel. The right of rescission expires if the customer does not exercise such right against the hotel by the agreed date/time.

4.3 If no right of withdrawal is agreed, or if such right has lapsed, if no statutory cancellation or withdrawal right exists, and if the hotel does not expressly approve any withdrawal from contract, the hotel reserves the right to claim the agreed compensation even if its services have not been used. The hotel must apply credit for any income arising from renting the room(s) and any reduced expenditure. If the room(s) is/are otherwise rented out, the hotel can apply a flat-rate deduction for saved expenses. The customer in this case is required to pay at least 80% of the contractually-agreed rate for lodging with or without breakfast, and for package tours arranged with third-party service providers.

5 WITHDRAWAL BY THE HOTEL

5.1 As far as it is agreed that the customer may, within a certain period, withdraw from the contract free of charge, the hotel during such period is also entitled to withdraw from the contract if there are inquiries from other customers regarding the contractually reserved rooms and the customer upon inquiry by the hotel does not waive his rescission right within a reasonable time limit.

5.2 Should any advance payment agreed or demanded pursuant to Section 3.6 and / or 3.7 remain unpaid after the expiry of a reasonable grace period set by the hotel, then the hotel is likewise entitled to rescind the contract.

5.3 Furthermore, the hotel is entitled to rescind the contract without notice for justifiable cause, especially if:

  • force Majeure or some other circumstances for which the hotel is not accountable prevent performance
  • a room or rooms are booked with culpably misleading or false representation or concealment of material facts;
  • material information may include the customer´s identity, his ability to pay or the purpose of his stay;
  • the hotel has reasonable grounds to suppose that the utilization of its services might compromise the smooth running of its operations, the security or public reputation of the hotel, where such risk does not fall under the hotel’s organizational domain or sphere of control;
  • the purpose or the cause of the stay is illegal;
  • a breach of paragraph 1.2 above exists. 5.4 Justified cancellation by the hotel does not entitle the customer to any claim for damages.

6 PREPARATION AND AVAILABILITY OF ROOMS; CHECK-IN / CHECK-OUT

6.1 The customer has no claim to be provided specific rooms insofar as this is not expressly agreed.

6.2 Reserved rooms are available to the customer from 3 pm on the agreed date of arrival. The customer has no right to earlier availability.

6.3 On the agreed day of departure, the rooms of the hotel are to be vacated by 12 pm. In case of a delay in vacating the room, the hotel may charge 50% of the full accommodation rate (list price) up to 6 pm, and 90% from 6 pm. No contractual claims of the customer are hereby created. The customer is at liberty to prove that the hotel incurred no or much lesser damages.

7 LIABILITY OF THE HOTEL

7.1 The hotel is liable for damages for which it is responsible resulting from injury to life, limb or health. Furthermore, it shall be liable for other damages resulting from intentional or grossly negligent breach of obligation, or from intentional or negligent breach of duties typical to the contract. A breach of obligation by a legal representative or agent of the hotel is the same as that committed by the hotel. Any further claims for damages, except where otherwise regulated in this Section 7, are excluded. Should disruptions or defects arise in the hotel´s performance, the hotel will endeavour to provide a remedy upon learning of such or upon complaint by the customer. The customer is obliged to contribute reasonably to resolve the disruption and to keep any possible damage to a minimum.

7.2 For property brought along by the customer, the hotel is, under the statutory provisions, liable to the customer to a maximum of € 3,500 for cash, securities, valuables and other belongings. The hotel recommends the use of the hotel or room safe. Liability claims expire unless the customer notifies the hotel immediately upon learning of the loss, destruction or damage (§ 703 BGB).

7.3 If the customer has a parking space provided in the garage or in the hotel parking lot, even if a fee is paid, this does not constitute a custodial agreement. For loss of or damage to parked or moving vehicles and their contents on the hotel property, the hotel shall be liable only in accordance with the above paragraph 7.1, sentences 1 to 4

7.4 Wake-up calls by the hotel are executed with the utmost care. Messages, mail, and goods delivered for guests are also handled with care. The hotel assumes delivery, storage and – if required – can forward such items for a fee. The hotel will be liable only in accordance with the above paragraph 7.1, sentences 1 to 4

8 CLOSING PROVISIONS

8.1 Changes and additions to this contract, to the acceptance of the contract or to these Terms and Conditions shall be made in writing. Unilateral amendments and supplements by the customer are not valid.

8.2 Place of performance and payment, as well as exclusive jurisdiction – also for check and exchange disputes – for commercial transactions is the location of the hotel: Bergisch Gladbach. If a contracting party meets the requirements of § 38 Paragraph 2 ZPO, and has no general jurisdiction in the country, the jurisdiction is the location of the hotel: Bergisch Gladbach.

8.3 German law applies. The application of the UN CISG and the conflict of laws are excluded.

8.4 If any provision of these Terms is invalid or void, the validity of the remaining provisions shall not be affected. Statutory provisions shall otherwise apply.

Do you have any questions?

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+49 - (0) 2204 - 950 40

Opening Hours Reception

Mo. - Thu. 6am - 10pm
Fr. 6am - 8pm
Sa., Su. and holidays 7am - 8pm