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Terms and Conditions
General terms and conditions of business
We are pleased about your interest in the Hotel Klute KG in Osnabrück. We would be happy to inform you about our general terms and conditions. We are at your disposal if you have any suggestions or questions.
General terms and conditions for the services of the Hotel Klute in Osnabrück for individual and company guests (based on the recommendations of the German Hotel and Restaurant Association – DEHOGA)
I. Conclusion of the contract
1. The contract is concluded on the basis of these terms and conditions as soon as the room(s) or other services are ordered and confirmed. As far as possible, Hotel Klute KG will confirm the reservations to the guest in writing.
2. The contractual partners are the guest and the hotel. If a third party has ordered for the guest, he or she is jointly and severally liable to the hotel with the guest for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration from the third party.
3. When registering several people, especially for group, travel, seminar and conference events, lists of participants should be provided to the hotel in writing as follows:
a. Report the intended number of people up to 28 days before arrival
b. Specific room occupancy or number of participants up to 14 days before arrival
c. Events with a political character/sects must be clearly marked as such when registering
4. If the content of the reservation confirmation differs from the content of the registration, the different content of the confirmation will only become binding for the guest and the hotel if the guest does not expressly object within 7 days of receiving the reservation confirmation. This only applies if the reservation confirmation contains an express reference to the fact that in the event of the aforementioned deadline being missed, the different content of the reservation confirmation will become an effective part of the contract.
II. Room reservations by a single guest
1. Room reservations by a single guest apply in addition to the regulations in Sections I., III., V., VI. and VII. of these General Terms and Conditions, the provisions made below under this Section II. The regulations in Section IV of these General Terms and Conditions do not apply to room reservations made by individual guests. An individual guest is someone who books a hotel room in their own name and on their own account without ordering other hotel services and without taking advantage of special conditions for booking the room, such as for tour operators, group trips, booking arrangements, etc.
2. The conclusion of the guest accommodation contract obliges the contractual partners to fulfill the contract, regardless of the duration of the contract. This contract cannot be dissolved unilaterally, unless one party to the contract has the right to withdraw from the contract due to delay, impossibility for which the other party is responsible or for good cause.
3. Reserved rooms are available to the guest from 3:00 p.m. on the day of arrival. On the agreed departure day, the rooms must be cleared and made available to the hotel by 11:00 a.m. at the latest. After that, the hotel can charge 50% of the current daily rate for additional use of the room until 6:00 p.m., and 100% from 6:00 p.m. The guest is free to prove that the aforementioned claim did not arise or did not arise to the required amount.
4. Unless a later arrival time has been expressly agreed, the hotel reserves the right to allocate reserved rooms to someone else after 6:00 p.m.
5. The guest does not acquire any right to the provision of specific rooms or premises. If the agreed premises are not available, the hotel is obliged to try to find an equivalent replacement in the building or other properties.
6. If the period between the conclusion of the contract and its fulfillment exceeds four months and the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price appropriately, but by a maximum of 5%. In the event of a price increase, the guest has an extraordinary right of termination.
7. If the contractual services are not used, the guest is obliged to pay the agreed or usual price, less the expenses saved by the hotel. According to experience, the savings amount to 20% of the overnight price for overnight stays and 30% of the normal prices for food and drinks. The guest is free to prove that the aforementioned claim did not arise or did not arise to the required amount.
8. The hotel is obliged in good faith to always, if possible, allocate unused rooms and premises to someone else in order to avoid cancellations. Until the assignment is made elsewhere, the guest has the contract according to II.7 for the duration of the contract. calculated amount to be paid.
III. Prices and payment terms
1. The agreed prices include statutory VAT. In the event of a change in VAT, we reserve the right to adjust the prices.
2. The prices can be changed by the hotel if the guest subsequently requests changes to the number of rooms booked, the hotel’s services or the length of stay of the guests and the hotel agrees to this.
3. All claims of the hotel are due upon departure of the guest or organizer and, unless otherwise agreed, must be fulfilled on site.
4. If prior invoicing is agreed in writing, the remaining total claim is due for payment without deductions within 7 days of the invoice date. In the event of late payment, the hotel is entitled to charge the applicable default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. The hotel reserves the right to prove higher damages and the guest to prove lower damages. In the event of late payment, the hotel is also entitled to withdraw from the contract and resell the agreed rooms. The provision in section II.7. remains unaffected.
5. The place of fulfillment for these payment obligations remains the hotel’s headquarters, even if the claims are credited due to special agreements or only become due later due to agreed invoicing.
6. When booking arrangements in our house, a deposit of 50% is due for payment 3 working days after receipt of the written confirmation – if there are less than three working days between the confirmation and the day of arrival, the deposit must be paid on the day of arrival .
IV. Cancellations/Changes
1. All cancellations/changes that do not fall under Section II of these General Terms and Conditions must in any case be made in writing, but do not release the guest from paying the agreed or usual prices. The following applies as flat-rate compensation for rooms as well as for events and the provision of premises:
1. to 14 days before arrival: free of charge
2. 13 – 8 days before arrival: 50% of the agreed services
3. 7 – 0 days before arrival: 80% of the agreed services
4. The guest is free to prove that the hotel suffered no or only minor damage.
V. Damages and liability
1. The contractual partners of the hotel or the guest as such or as a host are fully liable to the hotel for any damage caused by themselves or their guests.
2. If the hotel is prevented from fulfilling its service due to force majeure, illness, strike or similar, no liability for damages can be derived from this, but the hotel is obliged to the client to endeavor to obtain equivalent services elsewhere.
3. If the hotel procures external services, technical or other equipment from third parties for the organizer, it acts in the name and for the account of the organizer. The latter is liable for the careful treatment and proper return of these facilities and releases the hotel from all third-party claims arising from the provision of these facilities. The guest is responsible for any necessary insurance for exhibition, technical or other items brought along.
4. The hotel is liable for its obligations under the contract with the care of a prudent businessman. The guest’s claims for damages are excluded. Excluded from this are damages resulting from injury to life, body or health, freedom and sexual self-determination if the hotel is responsible for the breach of duty, as well as other damages that are based on an intentional or grossly negligent breach of duty by the hotel and damages that are due to a intentional or negligent violation of contractual obligations (so-called cardinal or core obligations) of the hotel. A cardinal obligation is an obligation whose fulfillment enables the proper execution of the contract and on whose compliance the contractual partner regularly trusts and can rely. The mandatory liability under the Product Liability Act, as well as the liability arising from a guarantee provided by the hotel, as well as the innkeeper’s liability in accordance with Section V.5 of these General Terms and Conditions remain unaffected. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. If disruptions or deficiencies occur in the hotel’s services, the hotel will endeavor to remedy the situation if the guest becomes aware of it or immediately complains. The guest is obliged to do what is reasonable to remedy the disruption and keep any possible damage to a minimum.
5. The hotel is liable to the guest for items brought in according to the statutory provisions, i.e. up to 100 times the room price, a maximum of 3,500.00 euros, as well as for money, securities and valuables up to 800.00 euros. Money, securities and valuables can be stored in the hotel or room safe up to a maximum of 7,500 euros insured for the respective hotel. The hotel recommends that the guest make use of this option. The liability claims expire if the guest does not report the loss, destruction or damage to the hotel immediately after becoming aware of it. These regulations on statutory hotelier or innkeeper liability apply accordingly to any further liability of the hotel.
6. The installation of decorative materials or similar, as well as the use of areas in the hotel outside of the rented or agreed rooms require the hotel’s written consent and can be made dependent on the payment of additional compensation. These and other items brought in by the guest must comply with local fire regulations and other regulations. The guest undertakes to vacate all used areas at the end of the event and return them to the condition originally rented. Claims for damages on the part of the hotel remain unaffected.
7. Messages, mail and shipments of goods for guests are handled with care. The hotel will take care of the storage (within the hotel) and, if requested, forward the same for a fee. The limitations of liability in Section V. 4 of these General Terms and Conditions apply to liability.
8. The hotel will carry out wake-up calls with the greatest possible care, provided they have been ordered properly. The liability limitations in Section V. 4 of these General Terms and Conditions apply to liability.
9. If the guest is provided with a parking space in the hotel garage or in the hotel parking lot, this does not constitute a storage contract. If motor vehicles parked or maneuvered on the hotel property and their contents are lost or damaged, the hotel is only liable in accordance with the limitation of liability in Section V. 4 of these General Terms and Conditions.
VI. General information
1. Tourist information and information of all kinds is provided by the hotel to the best of its knowledge, but without guarantee. Personal data is generally covered by the Data Protection Act; the hotel does not provide any information here.
2. Lost property (objects left behind) will only be sent on request and cash on delivery. The hotel undertakes to store it for 2 months. After this point, the items will be recycled.
3. When transporting people and luggage, the limitation of liability agreed in Section V. 4 of these General Terms and Conditions applies.
4. Food and drinks must be purchased from the hotel and may not be brought to events. In special cases (national specialties, etc.) a written agreement can also be made. In these cases, a service fee or corkage fee will be charged.
VII. Final provisions
1. The latest price changes and our general terms and conditions apply in their latest version.
2. We reserve the right to make errors and correct them, as well as printing and calculation errors. Deviating agreements or verbal agreements will only become effective if they are confirmed in writing by the hotel. This applies in particular to the requirement for written form.
3. If one of the above provisions is ineffective, this does not affect the validity of the remaining provisions.
4. The agreed place of jurisdiction is the company’s registered office, Hotel Klute KG Osnabrück, if the guest is a merchant and no other exclusive place of jurisdiction for the legal dispute is prescribed by law. However, the hotel is also entitled to take legal action at the guest’s location.
Mandatory information according to Regulation (EU) No. 524/2013 of the European Parliament and Council:
Link to the homepage of the European Commission’s Office for the Online Resolution of Consumer Disputes: http://ec.europa.eu/consumers/odr/ – further information is expected to be available there from February 15, 2016. If you have any initial questions about possible dispute resolution, please contact us at info(a)hotel-klute.de.
