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Our Terms

General terms and conditions of AKZENT Hotel Residenz GmbH for the hotel accommodation contract at the AKZENT Hotel Residenz & AKZENT Apartmenthotel Residenz in Graal Müritz.

I. Scope

  1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel to the customer.
  2. The subletting or subletting of the rooms provided and their use for purposes other than accommodation require the hotel's prior written consent, whereby Section 540 Paragraph 1 Sentence 2 BGB is waived unless the customer is a consumer.
  3. The customer's terms and conditions only apply if this has been expressly agreed upon in writing beforehand.

II. Conclusion of contract, contractual partner, limitation period

  1. The contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the room booking in writing.
  2. The contractual partners are the hotel and the customer. If a third party has ordered for the customer, he or she is liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration from the third party.
  3. All claims against the hotel generally expire one year from the start of the knowledge-dependent regular limitation period of Section 199 Para. 1 BGB. Claims for damages expire in five years, regardless of knowledge. The shortened statute of limitations does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. Services, prices, payment, offsetting

  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 hotel's applicable or agreed prices for the room rental and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer.
  3. The agreed prices include the respective statutory VAT. If the period between conclusion of the contract and fulfillment of the contract 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%.
  4. The prices can also be changed by the hotel if the customer 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.
  5. Hotel invoices without a due date are payable without deductions within 10 days of receipt of the invoice. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory 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 greater damage.
  6. The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
  7. The customer can only set off or reduce a claim from the hotel with an undisputed or legally binding claim.
  8. The hotel reserves the right to pre-authenticate credit cards before arrival.

IV. Withdrawal of the customer (ie cancellation, cancellation) and non-use of the hotel's services

  1. A withdrawal by the customer from the contract concluded with the hotel requires the written consent of the hotel. If this does not occur, the agreed price from the contract must be paid even if the customer does not use the contractual services. This does not apply in the event of a breach of the hotel's obligation to take into account the rights, legal interests and interests of the customer, if this means that the customer can no longer be expected to adhere to the contract or has another legal or contractual right of withdrawal.
  2. If a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract until then without triggering any claims for payment or damages from the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date, unless there is a case of withdrawal by the customer in accordance with number 1 sentence 3.
  3. If rooms are not used by the customer, the hotel must credit the income from renting the rooms elsewhere as well as the expenses saved.
  4. The hotel is free to demand the contractually agreed remuneration and to make a flat rate deduction for saved expenses. In this case, the customer is obliged to pay at least 80% of the contractually agreed price for overnight stay with or without breakfast. The customer is free to prove that the above-mentioned claim did not arise or did not arise to the required amount.

V. Cancellation of the hotel

  1. If the customer's right to withdraw free of charge within a certain period of time has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer does not exercise his right to withdraw when asked by the hotel waived.
  2. If an agreed advance payment or one requested above in accordance with Clause III No. 6 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
  3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if force majeure or other circumstances for which the hotel is not responsible make fulfillment of the contract impossible; Rooms are booked with misleading or false information about essential facts, e.g. the identity of the customer or the purpose; the hotel has reasonable grounds to believe that the use of the hotel service may endanger the smooth business operations, the security or the public reputation of the hotel, without this being attributable to the control or organizational area of ​​the hotel; there is a violation of Clause I No. 2 above.
  4. If the hotel withdraws with justification, the customer has no right to compensation.

VI. Room provision, handover and return

  1. The customer does not acquire any right to the provision of specific rooms.
  2. Booked rooms are available to the customer from 15.00 p.m. on the agreed arrival day. The customer has no right to earlier availability.
  3. On the agreed departure day, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest. Thereafter, due to the late vacating of the room, the hotel can charge 18.00% of the full accommodation price (list price) for its use beyond the contract until 50 p.m., and 18.00% from 100 p.m. This does not justify the customer's contractual claims. He is free to prove that the hotel has no or a significantly lower claim to usage fees.

VII. Liability of the hotel

  1. The hotel is liable for its obligations under the contract with the care of a prudent businessman. Customer claims for compensation are excluded. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, other damages that are based on an intentional or grossly negligent breach of duty by the hotel and damages that are based on an intentional or negligent breach of based on the hotel's typical contractual obligations. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. If disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation upon knowledge or immediate complaint from the customer. The customer is obliged to do what is reasonable for him to remedy the disruption and keep any possible damage to a minimum.
  2. The hotel is liable to the customer in accordance with the statutory provisions for items brought in, which is up to one hundred times the room price, up to a maximum of €3.500, and for money, securities and valuables up to €800. Money, securities and valuables can be taken up to a maximum value of up to €20.000 to be kept in the hotel safe. The hotel recommends that you use this option. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of loss, destruction or damage (§ 703 BGB). For any further liability of the hotel, number 1 sentences 2 to 4 above apply accordingly.
  3. If the customer is provided with a parking space in a hotel parking lot, even for a fee, this does not constitute a storage contract. The hotel is not liable if motor vehicles parked or maneuvered on the hotel property and their contents are lost or damaged, except in cases of intent or gross negligence. Number 1 sentences 2 to 4 above apply accordingly.
  4. Wake-up calls are carried out by the hotel with the greatest care. Messages, mail and shipments of goods for guests are handled with care. The hotel takes care of delivery, storage and – if requested – forwarding of the same for a fee. Number 1 sentences 2 to 4 above apply accordingly.

VIII. Final provisions

  1. Changes or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
  2. The place of fulfillment and payment is the hotel’s headquarters.
  3. The exclusive place of jurisdiction for commercial transactions - including for check and bill of exchange disputes - is the hotel's registered office. If a contractual partner meets the requirements of Section 38 Paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the hotel's registered office.
  4. German law applies. The application of the UN sales law and the conflict of laws is excluded.
  5. Should individual provisions of these general terms and conditions for hotel accommodation be or become ineffective or void, this will not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply.
(Status: 02/2017)
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