General Terms and Conditions
of B & R Hotel

1.
An accommodation agreement shall come into effect:

a) when the guest physically stays at the hotel without having concluded a formal accommodation agreement;
b) through a binding order for a certain number of hotel rooms for a certain number of guests, whereby written confirmation by the hotel is expendable if the order has been placed on the basis of a written offer made by the hotel.

Each order shall be binding for both parties. The customer's right to withdraw from the contract shall only apply within the bounds of the following terms of cancellation and subject exclusively to the provisions stated therein.

2.
Availability of reserved rooms
Reserved rooms will be available to the guest from 3 p.m. onwards on the date of arrival. Unless an alternative arrival time has been expressly agreed, the hotel reserves the right to re-allocate hotel rooms that have been ordered but not occupied by 6 p.m. on the date of arrival as part of the hotel’s obligation to limit the extent of its losses.

3.
Unless special terms of cancellation have been agreed by individual contract – most notably for conferences, meetings, incentives and events – the following terms and conditions shall apply for cancellations of reserved rooms, whereby the deadlines are to be calculated from the date on which the notice of cancellation reaches the hotel:

a) Cancellations up to 90 days prior to the agreed date of arrival:
No costs incurred by the customer

b) Up to 60 days prior to the date of arrival: 50% of the agreed room rate and the agreed rates for other services (service personnel, etc.)

c) Up to 45 days prior to the date of arrival: 80% of the agreed rates

d) Up to 10 days prior to the date of arrival: 90% of the agreed rates.

Within the bounds of its obligation to limit the extent of its losses, the hotel will endeavour to allocate cancelled rooms/services to other guests and to credit the cancellation fees in accordance with the aforesaid sliding scale, provided that subsequent re-allocation – including cancellation fees – exceeds the agreed rate by 100%.

4.
Overbooking

Should the hotel accidentally overbook its rooms, it shall be entitled to assign the customer to a room of at least comparable quality in a comparable hotel in the near vicinity under the same conditions. In such an instance, the customer shall be entitled to terminate the accommodation agreement on exceptional grounds and without incurring a penalty.

5.
Payments

Unless otherwise agreed by separate contract, the hotel shall be entitled to link the accommodation of guests to the payment of an appropriate advance. Failing this, the accommodation costs are to be settled at the latest on the guest(s) checking out of the hotel. Catering and entertainment expenses are to be paid immediately following a service.

Should the guest be staying for an extended period of time, all of the guest’s costs are to be settled in the form of payment on a weekly basis.

Should the hotel allow the guest credit – which may only occur upon special agreement – all of the hotel bills shall be payable net within ten (10) days of the date of invoice. Any amounts not settled by the due date will incur interest on arrears amounting to 5% above the respective base rate (§ 288 German Civil Code (BGB)).

6.
Termination of the accommodation agreement without notice

Notwithstanding its payment and any other claims, the hotel shall be entitled to terminate the accommodation agreement without notice and to ask the guest to leave the hotel immediately if

a) the guest persistently disturbs other guests through his/her behaviour in spite of being warned by the hotel to meet his/her obligations;
b) the guest endangers the safety of the hotel, its personnel and other guests through his/her conduct, whereby no prior warning needs to be issued;
c) it becomes impossible for the hotel to perform its service obligations due to circumstances beyond the control of the hotel. In such an instance, the hotel shall have no recourse to any counterclaims.

7.
Hotel liability pursuant to § 701 ff German Civil Code (BGB)

Pursuant to the statutory regulations, the hotel shall be liable for items brought into the hotel by the guest under the following conditions:

Immediate notification of the hotel in terms of § 703 German Civil Code (BGB) must occur no later than at the time the guest checks out.

Pursuant to § 702 of the BGB, the hotel’s liability for items and valuables brought in by the guest shall be limited to a sum which is 100 times the accommodation rate for one day, but no less than 600 euros and no more than 3,500.00 euros; with respect to cash, securities and valuables, the sum of 800.00 euros maximum shall be paid in lieu of the sum of 3,500.00 euros.

To the extent that the hotel should take custody of any cash, securities, valuables or other items of value within the bounds of its obligations pursuant to § 702 II of the BGB, its liability shall be limited to the maximum amounts mentioned above unless the loss, damage or destruction thereof is due to an act of wilful intent or gross negligence on the part of hotel staff.

The hotel shall only be obliged to take custody of cash and valuables to the aforementioned extent if the guest has signed a form confirming these General Terms and Conditions on which all other provisions have been deleted and thereby affirms through a special declaration within the meaning of § 702 a II of the BGB the hotel’s exemption from liability/limitation of liability.

8.
No liability shall be accepted for services not performed by the hotel or its staff, even if the service was procured by the hotel or its staff. However, the hotel shall be obliged to furnish the guest will all details required for the guest to assert any potential claims.

9.
These General Terms and Conditions shall form an integral part of the contract by means of:
a) the provision of accommodation for the guest without having concluded a formal agreement; laying them out at Reception and handing them over as part of the check-in procedure;
b) written orders by attaching and referring to them in any offers submitted by the hotel; by means of written orders not preceded by an offer by attaching and referring to them in the hotel’s letter of confirmation.