Terms and Conditions - Filderland Hotel - Messe / Flughafen Stuttgart

Accommodation agreement Hotel Filderland Hotelbetriebs-GmbH (as of February 2023)

§ 1. Scope

I. Our goal is to make your stay as enjoyable as possible. This also includes ensuring that you know exactly what services we provide, what we stand for, and what obligations you have towards us.

II. 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 in connection with this for the customer (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest reception, and hotel room contract.

§ 2. Conclusion of contract

I. The hotel and the customer are contracting parties. The contract is concluded by the hotel’s written reservation confirmation to the customer. Oral agreements only become effective when confirmed in writing by the hotel. If the period between the conclusion of the contract and the provision of the service exceeds six months, the hotel reserves the right to make price changes without prior notice. The prices quoted are inclusive prices and include value-added tax (VAT). If the rate of statutory value-added tax changes after the conclusion of the contract, the agreed price will change accordingly.

II. If the written reservation confirmation is not returned by the customer within two days, the hotel is entitled to withdraw from the contract. Reserved rooms are only available to the customer at the time agreed in writing. Use of the rooms beyond the agreed period requires prior consultation with the hotel. The services contractually agreed upon result from the advertisement in the inquiry and from the information in the written reservation confirmation referring to it.

III. Option dates are binding for both contracting parties. The hotel reserves the right to allocate the reserved rooms to other parties after the option dates have expired. If the hotel receives another request for the reserved date during the option period, the hotel will inform the organizer and clarify whether a decision has already been made by the organizer. If another event is confirmed during the option period, the option cannot be extended.

IV. All claims against the hotel expire in principle after one year from the statutory commencement of the limitation period. This does not apply to claims for damages and other claims, insofar as the latter are based on an intentional or grossly negligent breach of duty by the hotel.

V. The hotel is obligated to keep the rooms booked by the guest available and to provide any additional services agreed upon. Unless otherwise agreed, the guest has no claim to the provision of specific rooms within a room category.

VI. Unless otherwise agreed, the guest’s booked rooms are available from 2:00 p.m. on the agreed arrival date. On the agreed departure date, the rooms must be vacated and made available to the hotel no later than 10:00 a.m., unless otherwise agreed. If the guest fails to vacate the room on time, they are obliged to pay the hotel 50% of the overnight rate (list price) as a charge for exceeding the contractually agreed use of the rooms until 6:00 p.m. If the exceeding use of the rooms continues beyond 6:00 p.m., the guest is obliged to pay the hotel 90% of the overnight rate (list price) as a charge for exceeding the contractually agreed use of the rooms. This does not establish any contractual claims of the guest. The guest is free to prove that the hotel has not incurred any charge for exceeding the use of the rooms or that the charge is lower.

§ 3. Customer Cancellation

Trust is a prerequisite for any good relationship – against this background, we understand rebooking and cancellation of planned reservations. In principle, we try to fulfill customer requests without incurring costs or with minimized costs. We reserve the right to apply the cancellation agreements of our general terms and conditions. Cancellations of reserved hotel rooms are invoiced as follows.

Our cancellation policy for overnight stays up to five rooms:

Cancellation is free of charge up to 7 days before arrival.
We charge 50% of the booked hotel rooms for cancellations up to 5 days before arrival.
We charge 80% of the booked hotel rooms for cancellations from 3 days to 1 day before arrival.
Cancellation is not possible on the day of the overnight stay; 80% of the contractually agreed costs will be charged.

Our cancellation policy for overnight stays of five or more rooms:

Cancellation is free of charge up to 28 days before arrival.
We charge 50% of the booked hotel rooms for cancellations from 28 to 14 days before arrival.
We charge 80% of the booked hotel rooms for cancellations from 14 days to 1 day before arrival.
Cancellation is not possible on the day of the overnight stay; 80% of the contractually agreed costs will be charged.

§ 4. Hotel Cancellation

I. The hotel is entitled to demand an amount of 50% of the expected invoice amount immediately after the contract is concluded. If this advance payment is not received on the hotel’s account within two weeks after request, the hotel is entitled to cancel the contract.

II. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example, if:

Rooms are booked under misleading or false information regarding essential facts.

III. The hotel must inform the customer immediately of the exercise of the right of withdrawal.

§ 5. Hotel liability

I. The hotel is liable for damages caused by the hotel resulting from injury to life, body, or health. Furthermore, the hotel is liable for other damages resulting from intentional or grossly negligent breach of duty by the hotel or intentional or negligent breach of contractual obligations by the hotel. The breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages, unless otherwise provided for in this paragraph I, are excluded. If disruptions or defects occur in the hotel’s services, the hotel will make every effort to remedy the situation upon knowledge or immediate complaint by the customer. The customer is obliged to do what is reasonable to help remedy the disruption and to minimize any possible damage.

II. The hotel is liable to the customer for items brought in accordance with the statutory provisions (cf. §§ 701 et seq. BGB).

III. If a parking space is provided in the hotel garage or on the hotel car park, even for a fee, this does not constitute a storage contract within the meaning of §§ 688 et seq. BGB. The parking conditions for the underground garage apply. The hotel is not liable for loss of or damage to motor vehicles parked or moved on the hotel premises, except in cases of intentional or grossly negligent conduct.

§ 6. Payments

I. Invoices from the hotel without a due date are payable by bank transfer without deduction within five days of the invoice date. In the event of payment default, the hotel is entitled to demand statutory interest on arrears.

II. The customer is obliged to pay the prices agreed or applicable for the services provided and for any additional services used by him/her. This also applies to services directly commissioned by the customer or through the hotel and provided by third parties and paid for by the hotel. A refund for ordered but unused services is not possible.

III. The hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel’s services, or the customer’s length of stay dependent on an increase in the price of the rooms and/or other services of the hotel.

IV. The hotel is entitled to demand an appropriate advance payment or security deposit, for example in the form of a credit card guarantee, from the customer at the time of contract conclusion. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. In the event of payment default by the customer, the statutory regulations apply.

V. In justified cases, such as the customer’s payment default or the expansion of the contract scope, the hotel is entitled to demand an advance payment or security deposit in accordance with the above paragraph IV or an increase in the agreed advance payment or security deposit up to the full agreed remuneration until the beginning of the stay.

VI. The hotel is also entitled to demand an appropriate advance payment or security deposit from the customer at the beginning and during the stay in accordance with the above paragraphs V for existing and future claims under the contract, insofar as this has not already been made in accordance with the above paragraphs V and/or VI.

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

§ 7. Data protection

The hotel will use personal data of the guest for the fulfillment of the contract in accordance with data protection laws. Further information can be found in the hotel’s privacy policy.

§ 8. Penalty clause, special notes

I. SMOKING IN THE HOTEL
Smoking is generally not allowed in our premises. Should we detect cigarette smoke after your stay, this constitutes a breach of contract and a flat-rate penalty of 250 € is due. As a guest, you are free to prove that no or a lower damage has occurred. In any case, the guest is obliged to reimburse the hotel for the actual proven cleaning costs. Thank you for your understanding and consideration for the next guest.

II. POLLUTION BY THE GUEST IN THE HOTEL/ROOM
If we detect strong pollution of carpets and/or mattresses after your stay, we will have to charge you 150 € for cleaning. As a guest, you are free to prove that no or a lower damage has occurred. In any case, the guest is obliged to reimburse the hotel for the actual proven cleaning costs. Thank you for your understanding and consideration for the next guest.

III. Pets are not allowed in rooms and in other areas of the hotel. Animals may only be brought along by the guest with the hotel’s prior written consent.

IV. Lost and found items or forgotten items will only be sent to the guest upon request and reimbursement of the costs incurred. The hotel will keep the items for a period of six months. After this period, items will be disposed of.
V. The use of an existing internet connection is only permitted within the framework of the law. In case of violation, the hotel is obliged to disclose the guest’s data to the law enforcement authorities. If there are disruptions to the connection, the guest is obliged to inform the hotel.

VI. Subletting or transferring the room to third parties is not permitted. In case of violation, the hotel is entitled to terminate the contract without notice for good cause.

VII. All key cards provided to the guest must be returned to the hotel. If the guest fails to comply with this obligation, the hotel is entitled to charge a fee of 10 € per key card. The guest is allowed to prove that no or only a lower damage has occurred.

VIII. If there are indications of imminent danger to public safety and order – e.g. for impairment of hotel property – and the customer’s consent cannot be obtained within reasonable limits, the hotel staff is also authorized to enter the hotel room without such consent.

IX. For reasons of guest safety and protection against vandalism, the hotel is only video-monitored in the entrance area and lobby in compliance with the GDPR. The recording is marked with signs in the hotel’s entrance area.

§ 9. Final provisions

I. Changes and additions to the contract, the acceptance of applications, or these terms and conditions for reservations must be made in writing. Unilateral changes or additions by the customer are ineffective.

II. Should individual provisions of these “General Terms and Conditions” become invalid, the validity of the remaining provisions shall not be affected. Otherwise, the statutory provisions shall apply.

III. The jurisdiction of the local court in Stuttgart is agreed for all disputes arising from this contract and its fulfillment, to the extent legally permissible. With the publication of these terms and conditions, all previous versions become invalid.