Terms and Conditions

I. Scope of Applicability
   


II. Conclusion of Contract, Parties, Liability, Statute of Limitations
    
1. The contract shall come into force upon Hotel Haus am Park’s acceptance of the customer’s application. At its discretion, Hotel Haus am Park may confirm the room reservation in writing.

2. If a third party placed the order on behalf of the customer, then the aforementioned third party,    together with the customer shall be liable as joint debtor vis-à-vis Hotel Haus am Park for all obligations arising from the hotel accommodation contract only if Hotel Haus am Park has an appropriate declaration to this effect from the third party.

3.  The customer must inform Hotel Haus am Park without being asked, at the latest upon conclusion of the contract, if the customer’s use of the hotel service/s is likely to endanger the smooth operation of the hotel, the security or the reputation of Hotel Haus am Park in the public eye.

4. Any claims against Hotel Haus am Park shall be limited to one year after the commencement of the general statute of limitations stated in § 199, paragraph 1 German Civil Code. Damage claims are limited to five years after commencement of the aforesaid statute of limitations. The reduction of the statute of limitation periods shall not apply to claims which are based on an intentional or grossly negligent breach of obligation by Hotel Haus am Park


III. Services, Prices, Payment, Set-Offg

1. The customer is obliged to pay the applicable or agreed prices of Hotel Haus am Park for rooms provided and for other services supplied. This shall also apply to services and outlay to third parties which Hotel Haus am Park provides upon the customer’s express wish.

 2. If the period between the conclusion and the fulfillment of the contract is longer than 4 months and if the applicable rate of value added tax is increased during this period, the prices will be adjusted accordingly.
    
3. If the period between conclusion and fulfillment of the contract exceeds four months and if the price generally charged by Hotel Haus am Park for such services increases, then Hotel Haus am Park may raise the contractually agreed price appropriately by a maximum of five per cent. For every further year lying between the conclusion and the fulfillment of the contract, the upper limit increases by further five per cent. This is without prejudice to price changes according to No. 2.
    
4. Moreover, Hotel Haus am Park may change prices if the customer later wishes to make changes to the number of rooms reserved, the hotel services to be provided, or the length of guests’ stay, subject to Hotel Haus am Park consenting to such changes.
    
5. Unless otherwise agreed, Hotel Haus am Park’s invoices are payable and due in full within ten days of receipt.
    
6. For each reminder in case of default Hotel Haus am Park is entitled to demand a fee of € 5. The customer is at liberty to prove that Hotel Haus am Park has incurred no or lesser costs.
    
7. Hotel Haus am Park is entitled to demand a reasonable advance payment or deposit as security upon conclusion of the contract or thereafter. The amount of the advance payment and payment dates may be included in writing in the contract.
    

IV. Repudiation by Customer (Cancellation, Annulment) / Failure to Use Hotel Services (No Show)
    
1. Cancellation by the customer of the contract concluded with Hotel Haus am Park requires Hotel Haus am Park’s written consent. If consent is not given, then the price agreed in the contract must be paid even if the customer does not make use of the contractual services.
    
2. To the extent that Hotel Haus am Park and the customer agreed in writing upon a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by Hotel Haus am Park. The customer’s right of cancellation shall expire if he does not exercise his cancellation right in writing vis-à-vis Hotel Haus am Park by the agreed date.
    
3. If rooms are not used by the customer, Hotel Haus am Park must give an appropriate credit for the income from renting the rooms to other parties and also for saved expenses.
    
4. At their discretion Hotel Haus am Park may demand the contractually agreed compensation and make a flat rate deduction for saved expenses. In this case, the customer is obligated to pay 90 per cent of the contractually agreed rate for accommodation with or without breakfast or for packages including external services. The customer is at liberty to show that the claim mentioned above was not incurred or not incurred to the amount demanded.


V. Cancellation by Hotel Haus am Park

 1. To the extent that a right of gratis cancellation within a certain period is agreed in writing with the customer, Hotel Haus am Park is entitled for its part to cancel the contract during that period if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not waive his right of rescission upon inquiry thereof by Hotel Haus am Park Hotel Haus am Park . The same applies to the granting of an option if there are other inquiries and the customer is, if requested by Hotel Haus am Park, not prepared to make a fixed booking.

 2. If an agreed advance payment or an advance payment demanded pursuant to Item III, No. 6 supra is not made even after a reasonable period of grace set by Hotel Haus am Park has expired, then Hotel Haus am Park is likewise entitled to cancel the contract.
 Moreover, Hotel Haus am Park is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause, e.g. if
•    force majeure or other circumstances for which Hotel Haus am Park is not responsible make it impossible to fulfill the contract;
•    rooms are reserved with misleading or false information regarding material facts, such as the identity of the customer or the purpose;
•    Hotel Haus am Park has just cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to Hotel Haus am Park’s sphere of control or organisation;
•    there is a breach of the item I. No. 2 supra.
    
3. Hotel Haus am Park is entitled to stop or cancel interviews and sales or similar events that have not been approved.
    
4. The customer can derive no right to compensation from justifiable cancellation by Hotel Haus am Park.
    
5. If, in case of a cancellation according to No. 2 or 3 supra, Hotel Haus am Park has a claim for damages, Hotel Haus am Park may charge a lump sum for the claim. In this case, clause IV No. 4, sentences 2 and 3 apply accordingly.


VI. Room Availability, Delivery and Return
    
1. The customer does not have the right to be provided with specific rooms.
    
2. Reserved rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability. Unless a later time of arrival has been expressly agreed upon or the respective room has been paid in advance, Hotel Haus am Park is entitled to let the booked room to another party after 6:00 p.m. without the customer being able to derive a claim against Hotel Haus am Park from this fact. This is without effect on any claims from Hotel Haus am Park resulting from clause IV. There is no obligation to let the room to another person.
    
3. Rooms must be vacated and made available to Hotel Haus am Park no later than 10:00 a.m. on the agreed departure date. After that time, on the grounds of the delayed vacating of the room resulting in use exceeding the contractual time, Hotel Haus am Park may charge 50 per cent of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 100 per cent). The customer is at liberty to prove that the charge mentioned was not incurred or not incurred to the amount demanded.


VII. Liability of Hotel Haus am Park
    
1. Hotel Haus am Park is liable to exercise the duty of care of an ordinary merchant pursuant with the performance of its obligations arising from the contract. Claims of the customer for reimbursement of damages are precluded except for such that result from injury to life, body or health when Hotel Haus am Park is responsible for the breach of the obligation, furthermore other damage resulting from an intentional or grossly negligent breach of obligation by Hotel Haus am Park and damage resulting from an intentional or negligent breach of similar typical contractual obligations of Hotel Haus am Park. A breach of obligation by Hotel Haus am Park is deemed to be equivalent to a breach of a statutory representative or employee. Should disruptions or defects in the performance of Hotel Haus am Park occur, Hotel Haus am Park shall, upon gaining knowledge thereof or upon objection from the customer, act to remedy such without undue delay. The customer is obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage at a minimum. Moreover, the customer is obliged to inform Hotel Haus am Park as soon as possible if an extraordinary high loss is liable to arise.
    
2. Hotel Haus am Park is liable to the customer for property brought in to the hotel in accordance with the statutory provisions, i.e., up to one hundred times the room rate, not to exceed an amount of € 3,500 and for cash, securities and other valuables not exceeding an amount of € 800. Cash, securities and valuables up to a maximum value of € 3000.-  may be stored in the hotel safe. Hotel Haus am Park recommends that guests make use of these possibility. Liability claims expire unless the customer notifies Hotel Haus am Park immediately after gaining knowledge of the loss, destruction, or damage (§ 703 German Civil Code). With regard to more extensive liability of Hotel Haus am Park, No. 1, sentences 2 to 4 supra shall apply respectively.
    
3. Items that the customer has left behind are only forwarded at the customer’s request, risk and costs. Hotel Haus am Park keeps such items for three months after which time they are, as far as they have any value, handed over to the local lost property office. No. 1, sentences 2 to 4 supra shall apply respectively.
    
4. If the customer is provided with an open air hotel parking space, this does not constitute a safekeeping agreement, even if a fee is charged. Hotel Haus am Park has no monitoring obligation. Hotel Haus am Park assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property or in a parking space, nor the contents thereof, excepting cases of intent or gross negligence. No. 1, sentences 2 to 4 supra shall apply respectively. Hotel Haus am Park must be informed immediately about possible damage.
    
5. Wake-up calls are carried out by Hotel Haus am Park with the greatest possible diligence. Messages, mail, and merchandise deliveries for guests are handled with care. Hotel Haus am Park will deliver, hold, and for a fee forward such items (on request). No. 1, sentences 2 to 4 supra shall apply respectively.


VIII. Final Provisions
    
1. Amendments and supplements to the contract, the acceptance of applications, or these General Terms and Conditions for Hotel Accommodation must be made in text format, otherwise, they are not valid. Unilateral amendments and supplements by the customer are not valid.
    
2. Place of performance and payment is the location of the registered office of Hotel Haus am Park.
    
3. In the event of dispute, including cheque disputes, either the courts at Bad Homburg  shall - at Hotel Haus am Park’s choice - have exclusive jurisdiction. The same applies insofar as a contracting party fulfills the requirements of § 38 paragraph 2 of the German Code of Civil Procedure and does not have a legal domicile in Germany.
    
4. The contract is governed by and shall be construed in accordance with the laws of the Federal Republic of Germany. The application of the UN Convention on the International Sale of Goods and the conflict of laws are precluded.
    
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation Contracts be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. In this case, the parties will agree upon a new provision being as close as possible to the sense of the invalid one.