General terms and conditions of YORS Hotels

1. SCOPE
1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and other hotel services (hotel accommodation contract).

2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel.

3. The customer's general terms and conditions only apply if this has been expressly agreed in writing beforehand.

 

2. CONCLUSION OF CONTRACT, PARTNERS, STATUTE OF LIMITATIONS
1. The hotel is free to confirm the room booking in text form.

2. The contractual partners are the hotel and the customer. If a third party has ordered for the customer, they are jointly and severally liable to the hotel together with the customer.

3. All claims against the hotel expire one year after the start of the statutory limitation period. Claims for damages become time-barred in five years. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

 

3. SERVICES, PRICES, PAYMENT, OFFSET
1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

2. The customer is obliged to pay the applicable hotel prices for rooms provided and for other services used. This also applies to services and expenses of the hotel arranged by the customer for third parties. The agreed prices include the respective statutory sales tax.

3. The hotel can make its consent to a subsequent reduction in the number of booked rooms, the hotel's service or the length of stay of the customer, as requested by the customer, dependent on the price for the room and/or for the other services of the hotel increasing .

4. Hotel invoices are payable without deduction within 7 days of receipt of the invoice. In the event of late payment, the hotel is entitled to charge a lump sum (surcharge for late payment, processing fee) i. hv 25.00 euros to be charged.

5. The hotel is entitled to demand an advance payment or security deposit from the customer upon conclusion of the contract. 7 days before arrival, the hotel authorizes the guest's credit card with the invoice amount.

6. In justified cases, e.g. the customer is in arrears with payment, the hotel is entitled to refuse further services.

7. The customer can only offset or set off against a claim of the hotel with an undisputed or legally binding claim.

 

4. WITHDRAWAL BY THE CUSTOMER (CANCELLING AND CANCELLATION)
1. Cancellation by the customer of the contract concluded with the hotel requires the hotel's consent in text form. If this does not take place, the agreed price from the contract must be paid even if the customer does not make use of the contractual services.

2. If an appointment for free cancellation of the contract has been agreed in text form between the hotel and the customer, the customer can cancel the contract up to that point without triggering any payment or damage claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal to the hotel in text form by the agreed date.

3. In the case of rooms not used by the customer, the hotel must offset the income from renting these rooms to other parties. If the rooms are not rented out elsewhere, the hotel can charge 100% of the contractually agreed remuneration.

4. A right to withdraw from the contract concluded with the hotel expires eight weeks before the contractually agreed day of arrival. Note: According to Directive 2011/83/EU of the European Parliament, Article 16, the 14-day right of withdrawal does not apply to hotel bookings. The cancellation conditions of the hotel apply.

 

5. WITHDRAWAL OF THE HOTEL
1. If it has been agreed in text form that the customer can withdraw from the contract free of charge within a certain period, the hotel is also entitled to withdraw from the contract during this period (e.g. non-compliance with contractually agreed advance payment).

2. If the hotel withdraws with justification, the customer is not entitled to compensation.

 

6. ROOM AVAILABILITY, DELIVERY AND RETURN
1. The customer does not acquire the right to be provided specific rooms unless this has been expressly agreed in writing.

2. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability. Unless a later arrival time has been expressly agreed or the room in question has been paid for in advance, the hotel has the right to allocate booked rooms to someone else after 6 p.m. without the customer being able to derive a claim against the hotel from this. An obligation to award otherwise

2. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability. Unless a later arrival time has been expressly agreed or the room in question has been paid for in advance, the hotel has the right to allocate booked rooms to someone else after 6 p.m. without the customer being able to derive a claim against the hotel from this. There is no obligation to award it elsewhere.

3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11 a.m. at the latest. After that, the hotel can charge 30% of the full accommodation price (list price) due to the late vacating of the room for its contractual use up to 2:00 p.m., after that 100%.

 

7. HOTEL LIABILITY
1. The hotel is liable for its obligations under the contract. Customer claims for compensation are excluded. Excluded from this are damages resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damages which are based on an intentional or grossly negligent breach of duty by the hotel and damages which are based on an intentional or negligent breach of typical contractual obligations of the hotel. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.

2. The hotel is liable to the customer for items brought in according to the statutory provisions. If the customer wants to bring money, securities and valuables with a total value of more than €800 or other items with a total value of more than €3,500, a separate safekeeping agreement must be made with the hotel.

Thereafter, liability is limited to a hundred times the room price, but no more than €3,500 and, in contrast, for money, securities and valuables, no more than €800. Money, securities and valuables can be kept in the hotel safe up to a maximum value of €3,500.

3. Items left behind by the customer will only be forwarded at the customer's request, risk and expense. The hotel keeps the items for three months; after that, they will be handed over to the local lost and found office, provided they are of recognizable value. If the lost-and-found office is not ready to take it over, the items will be kept for a further nine months and then either used or destroyed. The above No. 1 sentences 1 to 5 apply accordingly to the liability of the hotel.

4. If the customer is provided with a parking space in the garage or in a hotel car park, even for a fee, this does not result in a custody agreement. The hotel is not liable for the loss of or damage to motor vehicles, trailers, motorcycles or trailers parked or maneuvered on the hotel property and their contents, except in the case of intent or gross negligence.

8. NON-SMOKING HOTEL / FIRE DEPARTMENT ALERT IN CASE OF FIRE
Smoking is prohibited throughout the hotel. If guests still smoke in the room, we share the cleaning costs with the guest with 250 EUR plus VAT. If the room cannot be rented the next day due to a strong smell of smoke, an additional night will be charged at the current room rate (minimum EUR 90). All rooms and guest rooms are connected to a fire alarm control panel via smoke detectors. In the event of a fire alarm through the fault of the guest, all costs incurred that are directly related to this, such as the use of the fire brigade or the follow-up costs for restoring the operating condition, are to be borne solely by the guest.

 

9. FINAL PROVISIONS
1. Changes and additions to the contract or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the customer are invalid.

2. The place of performance and payment is the location of the hotel.

3. German law applies. The application of the UN sales law and the conflict of laws or similar is excluded.

4. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.

5. Smoking is prohibited throughout the hotel property, this refers to the hotel rooms, all public rooms as well as the breakfast room and the terrace. If, for example, there is smoking in the hotel room, all costs such as room cleaning, all renovation work and any purchase of new furniture etc. are to be borne 100% by the customer. In addition, we charge a one-off penalty fee per individual case and affected room of EUR 250 plus 19% VAT.

YORS Hotels
January 2023