Terms and Conditions

General Terms and Conditions for Hotel Accommodation Contracts at Hotel Das Lola

Imhoff e.K. (District Court of Essen, HRA 11715), Wiedfeldtstraße 23, 45133 Essen, Tel. 0201-45040, info@das-lola.de

Section 1 Scope of Application

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) Subletting or re-letting the provided rooms, as well as using them for purposes other than accommodation, requires the hotel’s prior written consent.
3) The customer’s terms and conditions only apply if this has been expressly agreed upon in writing.

Section 2 Conclusion of Contract, Partners, Liability; Statute of Limitations

1) The contract is formed when the hotel accepts the customer’s request. The hotel is free to confirm the room booking in writing.
2) The contracting partners are the hotel and the customer. If a third party has ordered for the customer, they are 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) The hotel is liable for its obligations under the contract. This liability is limited to performance defects which, except in the area typical of the service, are due to intent or gross negligence on the part of the hotel.
4) The limitation period for all claims of the customer is 6 months.
5) This limitation of liability and short limitation period also apply in favor of the hotel in the event of a breach during contract negotiations and positive breach of contract.

Section 3 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 other services used. This also applies to services and expenses incurred by the hotel for third parties at the customer’s request.
3) All public and private areas of the hotel are non-smoking areas. If smoking occurs in private or public areas, the guest will be charged for the increased cleaning effort in the amount of €80.00. If the room is needed but cannot be re-let due to the damage caused, this damage will also be billed to the guest.
4) The agreed prices include the respective statutory VAT. If the statutory VAT increases, the prices will be adjusted automatically. If the period between the conclusion of the contract and the fulfillment of the contract exceeds 4 months and the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price appropriately.
5) Prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel’s service, or the length of stay of the guests, and the hotel agrees to this.
6) Hotel invoices without a due date are payable within 10 days of the invoice date without deduction. The hotel is entitled to make accrued claims due at any time and demand immediate payment. The hotel reserves the right to prove higher damages.
7) Default of payment, even with just one invoice, entitles the hotel to stop all further and future services for the hotel. The prerequisite is that the hotel effects a default by means of a reminder with a deadline and reference to these consequences.
8) The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
9) The acceptance and selection of credit cards are at the hotel’s discretion in each individual case of presentation, even if the general acceptance of credit cards in the hotel is indicated by signs. The acceptance of credit cards and other means of payment is otherwise only for the sake of fulfillment.
If the hotel has a credit card as a guarantee, the hotel is entitled to charge it immediately in the event of damage. The guest reserves the right to prove lower damages.
10) The customer can only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

Section 4 Cancellation by the Customer, Cancellation, Non-use of Hotel Services

1) We request cancellations in writing. A 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 use the contractual services. This does not apply in the event of a breach of the hotel’s obligation to show consideration for the rights, legal assets, and interests of the customer, if the customer can no longer be expected to adhere to the contract as a result, or if another statutory or contractual right of withdrawal exists.
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 payment and damage claims by the hotel. The customer’s right of withdrawal expires if they do not exercise their right of withdrawal in writing to the hotel by the agreed date, unless the case of withdrawal by the customer according to No. 1 sentence 3 applies.

Section 5 Cancellation by the Hotel

1) If a free right of withdrawal for the customer within a certain period has been agreed in writing, the hotel is for its part entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive their right of withdrawal upon inquiry by the hotel.
2) If the advance payment is not made even after a reasonable grace period set by the hotel with a threat of refusal has expired, the hotel is entitled to withdraw from the contract.
3) Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if:
– force majeure or other circumstances beyond the hotel’s control make fulfillment of the contract impossible;
– rooms are booked under misleading or false statements of essential facts, e.g., regarding the person of the customer or the purpose;
– the hotel has justified reason to believe that the use of the hotel service could jeopardize the smooth operation of the business, the safety, or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization.
– there is a violation of Section 1, Paragraph 2 above.
4) The guest has no claim for damages against the hotel, except in the case of intentional or grossly negligent behavior by the hotel.

Section 6 Room Provision, Handover, and Return

1) The customer does not acquire any claim to the provision of specific rooms.
2) Booked rooms are available to the customer from 3:00 PM on the agreed day of arrival. The customer has no claim to earlier provision. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 AM at the latest. Thereafter, the hotel may charge 50% of the room rate for additional use of the room until 2:00 PM, and 100% from 2:00 PM onwards, in addition to any damage incurred. The customer is free to prove to the hotel that no or significantly lower damage has occurred. Any damage resulting from not being able to rent the room to other customers must be borne by the customer.
3) The keys handed out are keys belonging to a locking system. In the event of loss, it is therefore necessary to replace the respective locking system. The costs for the replacement are to be borne by the guest.

Section 7 Liability of the Hotel

1) The hotel is liable with the diligence of a prudent businessman. However, in the area not typical of the service, this liability is limited to performance defects, damage, consequential damage, or disruptions due to intent or gross negligence on the part of the hotel. Should disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation upon knowledge or immediate complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and keep any possible damage to a minimum.
2) The hotel is liable to the customer for items brought in according to the statutory provisions, which is up to one hundred times the room price, up to a maximum of €3,500.00, and for money and valuables up to €800.00. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction, or damage.
3) The statutory provisions apply to the unlimited liability of the hotel.
4) Insofar as a parking space is made available to the customer in the hotel garage or on the hotel parking lot, even for a fee, this does not constitute a storage contract. The hotel has no monitoring obligation. The hotel is not liable for loss of or damage to vehicles, bicycles, and their contents parked or maneuvered on the hotel property, except in cases of intent and gross negligence; the same applies to vicarious agents of the hotel.
5) The hotel endeavors to ensure the timeliness and accuracy of message transmission. After prior agreement with the customer, the hotel can undertake the acceptance, storage, and – upon request – forwarding of mail and merchandise for a fee. The hotel is only liable in this respect in accordance with the provisions of the preceding paragraph (1), sentences 1 to 4. Lost property will only be forwarded upon request, at the risk and expense of the guest. Otherwise, the items will be handed over to the local lost property office after a one-month storage period, charging a reasonable fee. Claims for damages – except for intent or gross negligence – are excluded.

Section 8 Final Provisions

1) 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 changes or additions by the customer are invalid.
2) The place of fulfillment and payment is the registered office of the hotel.
3) The exclusive place of jurisdiction is Essen.
4) German law applies.
5) Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions apply.