JOESEPP’S HOTELS’ GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT

These General Terms and Conditions apply to contracts between the hotel and the customer concerning the letting of hotel rooms for accommodation, as well as to all other services and supplies provided by the hotel to the customer in this context. The hotel does not recognise any terms and conditions of the customer that conflict with or deviate from these, unless it has explicitly agreed to their validity in writing.

1. The hotel accommodation contract is concluded when the hotel accepts the customer’s offer to enter into a hotel accommodation contract.
2. In the case of offers made by the customer online, in particular by email, the hotel will confirm its acceptance of the customer’s offer by email.

1. The hotel is obliged to make available a room of the category booked by the guest and to provide the services agreed upon. The hotel will endeavour to accommodate the guest’s room preferences within the relevant category. However, the guest is not entitled to a specific room within the booked category.
2. The guest is obliged to pay the hotel’s agreed or applicable rates for the provision of accommodation and for the other contractually agreed services provided by the hotel. The hotel’s agreed or applicable rates are inclusive of the applicable value added tax. However, the agreed or applicable rates do not include local charges for which the guest is personally liable, e.g. visitor’s tax.
3. The hotel is entitled to require the customer to make a reasonable advance payment or provide security in the form of a credit card guarantee, a deposit or similar upon conclusion of the contract.
4. Hotel invoices without a due date are payable immediately upon receipt. The hotel may demand payment of any outstanding amounts from the guest at any time. In the event of late payment, the hotel is entitled to charge the statutory interest on arrears applicable at the time. This does not preclude the hotel from claiming further damages.
5. The place of performance for both the customer’s contractual obligations and the hotel’s contractual obligations is the hotel’s location.

a) For bookings of 1 to 3 rooms – all rooms are free of charge until 6.00 pm on the day of arrival
b) For bookings of 4–10 rooms – all rooms are free of charge up to two weeks before arrival; a maximum of three rooms are free of charge until 6.00 pm on the day of arrival
c) For bookings of more than 10 rooms – all rooms are free of charge up to 4 weeks before arrival; 10 rooms are free of charge up to 2 weeks before arrival, of which 3 rooms are free of charge until 6.00 pm on the day of arrival

If the hotel has not received the customer’s cancellation by the relevant deadline specified in §4(a) to (c), the customer remains obliged to pay the contractually agreed or applicable rates for the booked room, even if the room is not used. In such cases, the hotel shall be entitled to offset any income received from letting the booked room to another party. The
contractually agreed or applicable price for the booked but unused room shall be reduced, if the room cannot be let to another party, by the amount of the hotel’s saved expenses, calculated at a flat rate of 10% of the contractually agreed price. The customer is free to prove that the hotel’s saved expenses in the individual case exceed the
relevant flat rate. In the event of a partial cancellation of a booking, this provision applies to the cancelled part of the booking. For the cancellation date pursuant to §4(a) – (c), the entire scope of the booking is also decisive in this case.

1. The hotel is entitled to withdraw from the concluded hotel accommodation contract for a valid reason. A valid reason in this context exists in particular if:
   
   - the hotel is unable to fulfil its contractual obligations, not merely temporarily, due to force majeure, industrial action, epidemics, official orders or other circumstances for which the hotel is not responsible
   - the hotel accommodation contract is concluded on the basis of false statements by the customer regarding facts material to the contract, e.g. concerning the customer’s identity;
   - the customer fails to provide the contractually agreed credit card guarantee, deposit or other security (see Section 3(3)) even within a reasonable grace period set by the hotel;
   - there are facts which justify the assumption that the customer’s use of the hotel’s services would jeopardise the hotel’s security or damage its public reputation.
    
2. In the event of the hotel’s withdrawal from the contract for a valid reason, the customer shall not be entitled to any claims for damages or reimbursement of expenses.

1. The booked room will be available to the guest from 3.00 pm. The guest is only entitled to earlier access if this has been expressly agreed in writing (i.e. including text form).
2. On the agreed departure date, the guest must vacate the room and return the room key to the hotel reception by 11:00 am at the latest.
3. In the event that the guest checks out late, the hotel is entitled to charge the guest a flat fee of €25 if the guest checks out by 2.00 pm. In the event of late check-out after 14:00, the hotel is entitled to charge the guest the full daily room rate for one night’s accommodation in a room of the booked category. The guest is free to prove that the hotel has incurred no damage or only significantly less damage. The guest does not acquire any separate contractual claims by being charged a usage fee for late check-out.

1. Claims for damages by the customer are excluded, unless otherwise provided for in the following provisions.
2. For damages resulting from injury to life, limb or health; for damages resulting from a breach of obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contracting party may reasonably rely (essential contractual obligations) as well as for other damages resulting from an intentional or grossly negligent breach of duty by the hotel or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the hotel, the hotel shall be liable in accordance with the statutory provisions. In the event of a negligent breach of essential contractual obligations, however, the hotel’s liability is limited to the damage typically foreseeable at the time the contract was concluded.
3. The hotel shall be liable for damage to or loss of items brought onto the premises by the guest in accordance with the statutory provisions of Sections 701 et seq. of the German Civil Code (BGB).
4. If any items brought by the guest are left behind at the hotel upon their departure, the hotel will only forward them at the guest’s express request, at the guest’s expense and risk. Items left behind will be kept by the hotel for three months. After three months have elapsed, they will be handed over to the local lost property office if they are of recognisable value.
   If the local lost property office is unwilling to accept the items left behind, the hotel will store them for a further 6 months. After the expiry of the further 6 months, the items left behind will be disposed of or destroyed. The limitations set out in Section 7(1) to (3) shall apply mutatis mutandis to the hotel’s liability in connection with items left behind.
5. If the guest uses a parking space in the hotel garage or in the hotel car park, whether or not for a fee, this does not give rise to a contract of safekeeping between the hotel and the guest. Consequently, the hotel has no duty to monitor the vehicle. Should the customer’s vehicle parked in the hotel garage or on the hotel car park be lost or damaged, the hotel shall be liable only in accordance with the provisions set out in clauses 1 and 2.
6. Claims by the guest against the hotel are subject to a limitation period of three years. The limitation period begins to run at the end of the year in which the claim arose and the customer became aware, or should have become aware without gross negligence, of the facts giving rise to the claim and of the hotel’s liability. However, claims by the customer against the hotel shall become time-barred no later than 5 years from the date on which they arose, irrespective of the customer’s knowledge or grossly negligent ignorance. The above shortened limitation periods do not apply to claims by the customer arising from injury to life, limb or health, or from other damages resulting from an intentional or grossly negligent breach of duty by the hotel, or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the hotel. With regard to these claims, the statutory limitation periods shall apply

1. If the customer is a trader, has no general place of jurisdiction within Germany, or moves their place of residence or business abroad after the contract has been concluded, the place of jurisdiction shall be the hotel’s registered office. However, the hotel is also entitled to bring proceedings against the customer before the court of their place of residence or business.
2. German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules.
3. The house rules of the respective hotel form part of the General Terms and Conditions.
4. Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. In the event that individual provisions are invalid, the relevant statutory provisions shall apply in their place.