General Terms and Conditions for Hotel Accommodation (valid from 2020)
I. Scope of Application
These terms and conditions apply to contracts for the temporary rental of hotel rooms at Central Hotel Tegel (operated by Fa. Walter Wegner & Sohn e.K., Owner Dr. Michael Wegner, HRA 19028 B, Berlin-Charlottenburg) for accommodation purposes, as well as to all other related services provided by Central Hotel Tegel to the customer (hotel accommodation contract).
Subletting or re-letting of the rooms provided, use of the hotel rooms for purposes other than accommodation, public invitations or other advertising measures for job interviews, sales events, or similar functions, as well as the use of hotel areas outside the rented rooms for the aforementioned purposes, require the prior express consent of Central Hotel Tegel and may be subject to additional charges. Section 540 (1) sentence 2 BGB does not apply if the customer is not a consumer.
The customer’s own terms and conditions shall only apply if this has been expressly agreed in advance.
II. Conclusion of Contract; Duty of Disclosure
The contract comes into effect upon acceptance of the customer’s request by Central Hotel Tegel. Central Hotel Tegel may, at its discretion, confirm the room booking in text form.
The customer is obliged, at the latest upon conclusion of the contract, to inform Central Hotel Tegel without being asked if the use of the hotel service is likely to endanger the smooth operation of the business, the safety, or the reputation of Central Hotel Tegel in public.
III. Services, Prices, Payment, Set-off
The customer is obliged to pay the agreed or applicable prices of Central Hotel Tegel for the room rental and any additional services used. This also applies to services provided to the customer by third parties at the customer’s request or arranged through Central Hotel Tegel, where Central Hotel Tegel makes advance payment.
The agreed prices include statutory taxes and local charges applicable at the time of contract conclusion. Not included are local taxes owed by the guest under municipal law, such as city tax. In the event of changes in VAT or the introduction, change, or abolition of local charges on the contractual services after conclusion of the contract, prices will be adjusted accordingly. For contracts with consumers, this applies only if more than four months pass between conclusion and fulfillment of the contract.
Central Hotel Tegel may make its consent to a subsequent reduction requested by the customer in the number of booked rooms, hotel services, or the duration of stay dependent on additional conditions.
If payment on invoice has been agreed, payment must be made – unless otherwise agreed – within ten days of receipt of invoice, without deduction.
For each reminder issued after default, the customer must reimburse Central Hotel Tegel reminder costs of €5. The customer may prove that no costs or substantially lower costs were incurred. For customers who are not consumers, Central Hotel Tegel may alternatively assert the statutory claim under Section 288 (5) BGB.
Central Hotel Tegel is entitled to request an appropriate advance payment or security deposit, such as a credit card guarantee, upon conclusion of the contract. The amount and due dates may be agreed in text form. Statutory provisions for advance payments or security deposits for package tours remain unaffected.
In justified cases, e.g. customer payment default or extension of the contract, Central Hotel Tegel is entitled even after contract conclusion, up to the beginning of the stay, to demand an advance payment or security deposit under the above or an increase up to the full agreed amount.
Central Hotel Tegel is also entitled to request an appropriate advance payment or security deposit at the beginning and during the stay if such has not already been provided as above.
The customer may only offset claims against Central Hotel Tegel with undisputed or legally binding counterclaims.
IV. Cancellation by the Customer / Non-use of Services
Cancellation by the customer of the contract concluded with Central Hotel Tegel is only possible if expressly agreed in the contract, if a statutory right of cancellation exists, or if Central Hotel Tegel expressly consents. Such agreements or consents should be made in text form.
If a deadline for free cancellation was agreed, the customer may cancel within this period without payment or compensation claims from Central Hotel Tegel. The right to cancel expires if not exercised in text form within the agreed time limit.
If no cancellation right exists or it has expired, and Central Hotel Tegel does not consent to contract termination, Central Hotel Tegel retains the right to the agreed payment despite non-use of the service. Central Hotel Tegel will deduct revenue from other rental of the room and saved expenses. If the room is not otherwise rented, Central Hotel Tegel may demand the agreed amount and apply a flat deduction for saved expenses. In such cases, the customer is obliged to pay 90% of the agreed price for overnight stay with or without breakfast and for packages with third-party services, 70% for half-board, and 60% for full-board. The customer may prove that the above claim did not arise or is significantly lower.
V. Cancellation by Central Hotel Tegel, Unauthorized Events
If the contract grants the customer a right to cancel free of charge until a certain date, Central Hotel Tegel is entitled to withdraw from the contract in whole or in part until that date if there are requests from other customers for the booked rooms and the customer, upon request within a reasonable deadline, does not waive his right of cancellation. The same applies to options if other requests exist and the customer, upon request, does not commit to a firm booking.
Central Hotel Tegel may also withdraw extraordinarily from the contract for justifiable cause, particularly if force majeure or other circumstances beyond its control make fulfillment impossible; if hotel services are booked under misleading or false information or omission of essential facts (e.g., customer identity, solvency, purpose of stay); if use of the service may endanger business operations, safety, or reputation; if the purpose of the stay is unlawful; if Clause I.2 is violated; or if an agreed advance payment was not made despite a deadline.
Unauthorized job interviews, sales events, and similar functions may be prohibited or terminated by Central Hotel Tegel.
A justified withdrawal by Central Hotel Tegel or termination of an unauthorized event does not entitle the customer to compensation.
If Central Hotel Tegel has a damages claim after withdrawal under the above, it may apply a lump sum. Clause IV.3 sentences 2–5 apply accordingly.
VI. Room Provision, Handover, and Return
The customer has no entitlement to specific rooms unless expressly agreed.
Unless otherwise agreed, rooms are available from 2:00 p.m. on the agreed arrival date. Unless a later arrival time was expressly agreed or the room prepaid, Central Hotel Tegel may reallocate booked rooms after 6:00 p.m. without the customer being entitled to claims. No obligation exists to reallocate.
On the agreed departure date, rooms must be vacated by 11:00 a.m. Continued use beyond this may be agreed subject to availability and an additional fee.
If the customer uses the room beyond 11:00 a.m. without express agreement, Central Hotel Tegel may charge 50% of the full list price (at least the fee per VI.3) up to 6:00 p.m., and at least 90% thereafter. The customer may prove no or significantly lower entitlement to such fees arose.
VII. Liability of Central Hotel Tegel
Central Hotel Tegel is liable for damages resulting from injury to life, body, or health caused by its negligence. It is also liable for other damages caused by intentional or grossly negligent breaches of duty or by negligent breaches of essential contractual obligations. Essential obligations are those enabling proper execution of the contract and on which the customer relies. Liability of Central Hotel Tegel also covers its legal representatives and agents. Further claims are excluded unless otherwise regulated in this clause. In case of disruptions or defects, Central Hotel Tegel will remedy the situation upon notice. The customer must reasonably contribute to resolving the issue and minimizing damage and inform Central Hotel Tegel of potential extraordinary damages.
Central Hotel Tegel is liable for customer property in accordance with statutory provisions. Use of the hotel safe is recommended. For valuables exceeding €800 or items over €3,500 in value, a special safekeeping agreement must be arranged.
Lost property will be returned only upon request, at the customer’s risk and expense. Central Hotel Tegel keeps items for three months, then hands them to the local lost-and-found office if of value. If not accepted, items will be stored for nine more months and then sold or destroyed. Liability follows VII.1 above.
Provision of a parking space, even for a fee, does not establish a safekeeping agreement. Central Hotel Tegel is not obligated to monitor vehicles. It accepts no liability for loss or damage to vehicles or contents parked or maneuvered on the hotel property.
Messages, mail, and deliveries for guests are handled with care. Central Hotel Tegel ensures delivery, storage (packages only with prior agreement), and forwarding on request (for a fee). Liability follows VII.1 above.
VIII. Final Provisions
Changes or additions to the contract or these terms must be in text form. Unilateral changes by the customer are invalid.
Place of performance and payment is Berlin, the location of Central Hotel Tegel.
Exclusive place of jurisdiction in commercial transactions – including for cheque disputes – is Berlin. German law applies. The UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules do not apply.
Central Hotel Tegel does not participate in consumer arbitration proceedings.
If individual provisions of these terms and conditions are invalid or void, the validity of the remaining provisions shall not be affected. Statutory provisions otherwise apply.