General Terms and Conditions for the Hotel Accommodation Contract of META Hotels GmbH

I Scope of application

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 for the customer.

The subletting or re-letting of the rooms provided and their use for purposes other than accommodation requires the prior written consent of the hotel, whereby § 540 paragraph 1 sentence 2 is waived insofar as the customer is not a consumer.

The customer's terms and conditions shall only apply if this has been expressly agreed in writing in advance.

II Conclusion of contract, contract partners, statute of limitations

The contract is concluded upon acceptance of the customer's application by the hotel. The hotel is at liberty to confirm the room booking in writing.

The contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, it shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.

All claims against the hotel shall become time-barred one year after the commencement of the statutory limitation period.

III Services, prices, payment, offsetting

The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

The customer is obliged to pay the applicable or agreed prices of the hotel 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.

The agreed prices include the respective statutory value added tax. If the period between conclusion of the contract and fulfillment of the contract exceeds 4 months and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price appropriately, but by no more than 10%.

The prices may 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 the guests' stay and the hotel agrees to this.

Hotel invoices without a due date are payable in full within 10 days of receipt of the invoice. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment.
In the event of late payment, the hotel is entitled to charge interest at a rate of 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The customer reserves the right to prove lower damages, the hotel reserves the right to prove higher damages.

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 may be agreed in writing in the contract.

The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

IV Withdrawal by the customer (i.e. cancelation)
/Non-utilization of the hotel's services (no show)

Withdrawal by the customer from the contract concluded with the hotel requires the hotel's written consent. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This shall 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 the customer can no longer reasonably be expected to adhere to the contract as a result.

If the hotel and the customer have agreed in writing on a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of rescission shall expire if he does not exercise his right of rescission in writing vis-à-vis the hotel by the agreed date, unless the customer has rescinded the contract in accordance with IV No. 1 sentence 3 above.

If rooms are not used by the customer, the hotel shall offset the income from renting the rooms to other parties and the expenses saved.

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 90% of the contractually agreed price for bed and breakfast accommodation (70% for half-board and 60% for full-board arrangements). The customer is free to prove that the above-mentioned claim did not arise or did not arise in the amount claimed.

V Cancellation by the hotel

If the customer's right to cancel the contract free of charge within a certain period has been agreed in writing, the hotel is entitled to cancel the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right to cancel upon enquiry by the hotel.

If an agreed advance payment or an advance payment demanded in accordance with III. 6 above is not made, the hotel is also entitled to withdraw from the contract.

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 it impossible to fulfill the contract;

rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the
purpose, are booked;

the hotel has reasonable grounds to believe that the use of the hotel's services may jeopardize the smooth operation
business operations, the security or the reputation of the hotel in public, without this being attributable to the
attributable to the hotel's sphere of control or organization.

a violation of above I. Section 2 above.

In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.

VI Room provision, handover and return

The customer does not acquire any entitlement to the provision of specific rooms.

Booked rooms are available to the customer from 2 p.m. on the agreed day of arrival. The customer is not entitled to earlier availability.

On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12.00 noon at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for the late vacating of the room until 6 p.m., and 100% from 6 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee.

VII Liability of the hotel

The hotel shall be liable for its obligations under the contract with the due care of a prudent businessman. Claims of the customer for damages 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, and other damages based on an intentional or grossly negligent breach of duty by the hotel. A breach of duty by a legal representative or vicarious agent shall be deemed equivalent to a breach of duty by the hotel. Should disruptions or defects in the hotel's services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.

The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of € 3,500.00, and for money, securities and valuables up to € 800.00. Money, securities and valuables up to a maximum value of € 4,000.00 may be stored in the hotel and room safe. The hotel recommends that guests make use of this option. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB).

3. If the customer is provided with a parking space in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. This also applies to vicarious agents of the hotel.

4. Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and – on request – forward them for a fee. Clause 1 sentences 2 to 4 above apply accordingly.

VIII Final provisions

Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.

The place of performance and payment is the hotel's registered office.

The exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – for commercial transactions is the registered office of the hotel. If a contractual partner fulfills the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.

German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.