General terms and conditions of KING's Hotels
The following are the General Terms and Conditions (hereinafter referred to as “GTC”) of Hanna King e.K. and Hotelbetriebsges. King mbH (hereinafter referred to as “KING’s HOTELs”, hotels, the company, “us” or “we”), which apply to all contracts concluded with the guest for the provision of rooms for accommodation in the establishments KING’s HOTEL First Class, KING’s HOTEL Center or AdvaStay by KING’s, as well as for the further services and deliveries provided to the guest in this context (hereinafter referred to as
“Hotel Accommodation Agreement”):
1. Scope of application; definitions
1.1 We conclude contracts exclusively on the basis of these GTC. Supplementary, deviating or otherwise contradictory terms and conditions of the guest shall only apply if they have been expressly confirmed by us in text form.
1.2 Changes and additions to the hotel accommodation contract, the acceptance of the application or these GTC must be made at least in text form (e.g. by e-mail). Unilateral changes or additions by the guest are invalid.
1.3 Unless the context indicates otherwise, references to the singular include the plural, and references to the masculine include the feminine and diverse, and vice versa in each case.
1.4 The GTC are based on the following further definitions:
1.4.1 In the following, “consumer” shall mean all natural persons who conclude legal transactions for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
1.4.2 “Entrepreneurs”, in contrast, are natural or legal persons or partnerships with legal capacity who, when entering into a legal transaction, act in the exercise of their commercial or independent professional activity.
1.4.3 “Website” means the internet presences of KING’s HOTELs (www.kingshotels.de/de), no matter under which country ending or via which end device (e.g. PC, cell phone) the guest accesses them.
1.4.4 “User” means a natural person visiting the Website.
1.4.5 “Guest” is a natural person who enters into a hotel accommodation contract with KING’s HOTELs.
1.4.6 “Contracting parties” means the persons involved in the respective hotel accommodation contract, i.e. the guest and Hanna King e.K. or Hotelbetriebsges. King mbH. The contracting party will be communicated to the guest prior to the booking.
1.4.7 “Cancellation” is the declaration of withdrawal from the hotel accommodation contract before the agreed or scheduled check-in.
1.4.8 “Text form” means a legible declaration in which the person making the declaration is named, made on a durable data carrier, e.g. an e-mail or a fax. A “durable medium” is any medium that enables the recipient to keep or store a declaration made on the medium and addressed to him personally in such a way that it is accessible to him for a period of time appropriate for its purpose and is suitable for reproducing the declaration unchanged, e.g. a printout or a PDF attachment to an e mail.
1.4.9 “Without delay” means without culpable hesitation.
1.5 Separate terms and conditions shall apply to the purchase of vouchers, which shall be provided for information in good time prior to their purchase.
2. Changes to the GTC
3. Notes on consumer dispute resolution
3.1 We strive to resolve any disputes arising from consumer contracts in an amicable manner. Therefore, in case of any complaints, the guest can contact firstname.lastname@example.org. The limitation of any claims is excluded for the duration of this procedure.
3.2 According to the statutory provisions, we must provide you with the reference to the platform of the EU Commission for online dispute resolution:
http://ec.europa.eu/consumers/odr/, but we are again obliged nor willing to participate in a dispute resolution procedure. Should we not agree
If you are unable to do so, you have recourse to the courts.
4. Notes on the conclusion of the contract and online booking
4.1 The hotel accommodation contract comes into effect with our acceptance of the user’s or guest’s application. We are free to confirm the room booking to the user or guest in text form; for bookings made by way of electronic business transactions (in particular via the website), the following applies in deviation from this clause of the GTC.
4.2 The guest is obliged to inform us without being asked and at the latest upon conclusion of the contract if and insofar as the use of the services under the hotel accommodation contract is likely to jeopardize the smooth operation or safety of the KING’s HOTELs or our reputation in the public due to his person or circumstances known to him.
4.3 For booking by means of electronic commerce (e.g. via the website) applies:
4.3.1 The selection of services on the website does not constitute a binding contractual offer by KING’s HOTELs, but is an invitation to the user to submit a binding offer under the conditions visible on the website. The user can make a binding offer via the online reservation system on the website by clicking on the final button after selecting the desired rooms or services and entering his personal data, which expressly refers him to the assumption of an obligation to pay.
4.3.2 The user can correct his selection and entries in the online reservation system until the online booking form is submitted using the usual functions of his terminal device/browser or cancel the booking altogether. Each page and each step of the booking process contains the “back” button, through which the user can return to the previous page and correct the selection and entries made using the usual keyboard and mouse functions. In addition, before the online booking form is submitted, the user’s selections and entries are displayed once again in an overview, and the user can also make corrections there using the usual keyboard and mouse functions.
4.3.3 The hotel accommodation contract is concluded if the user receives a booking confirmation with identical content (e.g. by e-mail) immediately, but at the latest within 24 hours, after sending the booking form.
4.3.4 The text of the contract is stored by us for a limited period of time and, for security reasons, can no longer be accessed in full by the user via the Internet after the booking form has been sent. After the complete processing of the contract, the data will be deleted or blocked for further use, unless the user has been given permission to do so.
This is precluded by mandatory retention obligations on our part under tax or commercial law.
4.3.5 The communication required to conclude the hotel accommodation contract is partly automated. It is the user’s responsibility to ensure that the receipt of e-mails concerning his booking is technically possible and, in particular, is not prevented by SPAM filters.
4.3.6 The booking via the website can be made in German or English. The selection of the language is made by the user via corresponding functionalities on the website. Parts of the website are also displayed in other languages after the user has made a corresponding selection for assistance; however, this only affects the choice of contract language if the user carries out the entire electronic booking in one language or if an express agreement on a specific contract language has been concluded at least in text form.
5. Website use
5.1 The exclusive rights of use for the website and the protected content (e.g. logos, photos, images, graphics, descriptions) that can be accessed via it are held by us and our cooperation partners (hereinafter collectively referred to as “entitled parties”). An adoption of the website by the user – be it in whole or in part by way of adopting photos, images, descriptions, graphics or the design – is expressly prohibited.
5.2 In deviation from clause 5.1, the user is entitled to download, display and print out individual pages and/or excerpts of the website exclusively for personal purposes (such as documentation of the hotel’s details/documentation of the booking). When using the website content, the user is obliged to indicate the source in the file or printout by means of an easily understandable, clearly legible and firmly attached notice.
5.3 Subject to the exception in 5.2, the user is in particular not entitled to modify, copy, transfer, assign, sell, distribute, exploit, exhibit, publish, publicly perform, reproduce and license the content, information, software, products or services that can be accessed or viewed via the Website without the express consent of the Authorized Party.
6. Notes on our services and check-in
6.1 We are obliged to keep the rooms booked by the guest ready and to provide the agreed services. The guest does not acquire a right to the provision of certain rooms, if this is not expressly and at least in text form (e.g. by e-mail) promised by us.
6.2 Rooms are provided to the guest exclusively for lodging purposes. The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation are generally not permitted, unless we have agreed to the subletting or reletting or other use of the rooms provided in advance and at least in text form.
6.3 united We enable the guest to check-in independently at a terminal. For this purpose, the guest needs a valid identification document (e.g. ID card, passport), the name in which the hotel room was reserved and the booking number. Payment at the terminal is possible by cash card, we accept Mastercard, Visa and American Express. EC cards and cash payments are generally not possible. If rooms are available, it is also possible to check-in without a prior reservation.
6.4 We reserve the right to ask the guest to present a valid identification document (e.g. identity card, passport) for identity verification or issuance of the registration form. All of the guest’s fellow travelers staying in our houses must be registered on the registration form. Failure to complete the registration form or incorrect information on the registration form may be punished as a misdemeanor.
7. Prices, payment, set-off
7.1 The guest is obliged to pay the agreed or applicable prices of KING’s HOTELs for the room transfer and the other services used by him. This also applies to services
ordered by the guest directly or via KING’s HOTELs, which are rendered by third parties and paid for by us.
7.2 The agreed prices include the taxes and local charges applicable at the time of the conclusion of the contract. Not included are local taxes, which the guest owes according to the respective local law, for example visitor’s tax. In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local taxes on the subject matter of the service (e.g. tourism tax, bed tax) after conclusion of the contract, the prices shall be adjusted accordingly. If the guest is acting as a consumer, this only applies if the period between conclusion and fulfillment of the contract exceeds four months.
7.3 Package offers, special promotions, discounts or other rebates cannot be combined as a matter of principle. Company prices linked to persons are not transferable to third parties.
7.4 The User shall provide a valid credit card or select another offered means of payment (e.g. PayPal) as part of the booking. We are entitled to immediately check the validity of the information provided by the user.
check and make a pre-authorization with regard to the credit card indicated.
7.5 Our invoices are – subject to deviating information or agreements in individual cases – generally payable immediately upon receipt without deduction. The guest agrees that the invoice can be sent to him electronically.
7.6 We may demand immediate payment of due claims from the guest at any time. In the event of default of payment by the guest, the statutory provisions shall apply. We reserve the right to prove a higher damage.
7.7 We can make our agreement to a subsequent reduction in the number of booked rooms, our service or the length of stay of the guest requested by the guest dependent on the fact that the price for the rooms and/or for the other services increases.
8. Down payment, default of payment, set-off
8.1 We are entitled to demand a reasonable advance payment or security deposit from the guest upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in text form. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
8.2 In justified cases, for example payment arrears of the guest or extension of the scope of the contract, we are entitled, even after conclusion of the contract until the beginning of the stay, to demand an advance payment or security deposit within the meaning of the above clause 8.1 or an increase of the advance payment or security deposit agreed in the contract up to the full agreed remuneration. We are also entitled to demand an appropriate advance payment or security deposit within the meaning of the above clause 8.1 for existing and future claims arising from the hotel
accommodation contract at the beginning and during the guest’s stay, insofar as such a payment has not already been made in accordance with the above provision(s).
8.3 The guest may only set off or offset an undisputed or legally binding claim against a claim of KING’s HOTELs.
9. Cancellation of the guest (cancellation, no-show)
9.1 Insofar as rooms are expressly booked and confirmed according to our particularly favorable non refundable rate, no refund will be made in the event of cancellation or no-show; our claim to the price remains intact in full.
9.2 The guest may only withdraw from the hotel accommodation contract (cancellation) if we have granted the guest a right of withdrawal via 9.4 or 9.5; if 9.4 and 9.5 are not relevant, we must have granted the right of withdrawal at least in text form or we must agree to a cancellation of the contract at least in text form. The guest should preferably use the option of online cancellation of the booked room(s) on the website. Otherwise, the cancellation of the guest must be declared at least in text form (e.g. by e-mail) and should, if possible, contain the reservation or booking number for better assignability.
9.3 Cancellation under the conditions of clause 9.2, and subsequently 9.4 and 9.5 triggers a claim for compensation for us – insofar as we have not granted a right to cancel free of charge – which replaces the agreed remuneration. Insofar as we have agreed lump sums for our compensation (these take into account the expenses usually saved), you are reserved the right to prove that a lesser loss or no loss at all has been incurred.
9.4 Unless otherwise agreed, individual bookings (this rule does not apply to group bookings of five or more persons, here to clause 9.5) outside the trade fair times, which are displayed to you at the time of booking, bookings can be cancelled free of charge until 3:00 p.m. our local time on the day before arrival. Unless otherwise agreed, bookings that fall within a trade fair period (the periods will be shown to you when you make your booking) can be cancelled free of charge up to 15:00 our local time on the 15th day before arrival.
In the event of later cancellation, we will charge you 90% of the room price as a lump sum compensation in each case, but see 9.3. which reserves the right for you to prove that the damage was less or not incurred at all.
9.6 For group reservations of ten rooms or more, our separate group conditions apply, please contact our reservations department. For group reservations (from 5 persons up to the reservation of 9 rooms), unless otherwise agreed, a free cancellation for the entire reservation is possible up to four weeks before the agreed arrival. Up to fourteen days before the agreed arrival, 10% of the entire reservation can be cancelled free of charge.
9.7 If a right of withdrawal has not been agreed or has already expired and we do not agree to a cancellation of the contract, we shall retain the claim to the agreed
remuneration on the merits despite the guest’s non utilization of the service (default of acceptance). Otherwise, the statutory provisions apply with regard to any reductions in terms of amount.
9.8 If the guest informs us about the non-acceptance of his reservation or does not appear on the day of arrival without informing us about a delay, we are entitled to cancel the reservation(s).
to assign the claimed room(s) to someone else after 6:00 p.m., unless the room has been prepaid in full.
- Withdrawal by KING’s HOTELs
10.1 If it was agreed that the guest can withdraw from the contract free of charge within a period, we are also entitled to withdraw during this period if there are requests from other users for the contractually booked rooms and the guest does not waive the exercise of the contractually granted right of withdrawal upon our inquiry with a reasonable deadline. This applies accordingly to the granting of an option if other inquiries exist and the guest is not prepared to make a firm booking upon our inquiry with a reasonable deadline.
10.2 In addition, we are entitled to terminate the hotel accommodation contract extraordinarily if there is an objectively justified reason, in particular, but not conclusively, if
10.2.1 an agreed and due service of the guest is not rendered even after expiration of a reasonable grace period set by the hotel, or
10.2.2 rooms are intentionally booked under misleading or false statements of material facts in the person of the guest and the hotel has suffered material damage as a result of this conduct, or
10.2.3 we have reasonable grounds to believe that the use of the hotel service may jeopardize the smooth operation of the business, the security or the reputation of the hotel in public, without this being attributable to our sphere of control or organization, or
10.2.4 force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract or the purpose and/or reason for the stay is unlawful or
10.2.5 there is a violation of the prohibition of subletting (clause 6.2). The justified withdrawal on the part of KING’s HOTELs does not give rise to any claim for damages on the part of the Guest.
11. Room handover, late room return
11.1 Unless otherwise agreed in individual cases, the room(s) shall be available to the guest from 3:00 p.m. on the agreed arrival day and shall be occupied no later than 6:00 p.m. on the agreed arrival day.
11.2 The room(s) must be returned vacated by 11:00 a.m. at the latest on the agreed departure day. Thereafter, we reserve the right to charge the guest a flat rate of € 50 for late vacating of the room for its use in excess of the contract until 1:00 p.m., from 3:00 p.m. onwards the full price of a
overnight stay to be invoiced. The guest is at liberty to prove to us that we have not incurred any or a significantly lower claim for usage fee/compensation.
11.3 KING’s HOTELs reserves the right to assert further claims in the event of delayed eviction (see 9.2).
- Warranty, limitation period
12.1 The warranty is governed by the statutory provisions. Should disturbances or deficiencies occur in our services, we will endeavor to remedy the situation upon knowledge or upon immediate complaint by the guest.
12.2 The guest is obligated to contribute what is reasonable to him in order to remedy the
disruption and keep any possible damage to a minimum.
12.3 Claims against us arising from the hotel accommodation contract are generally subject to a limitation period of one year from the commencement of the statutory limitation period, unless the claims are based on loss of life, physical injury or damage to health, or on loss or damage caused by an intentional or grossly negligent breach of duty on the part of KING’s HOTELs or an intentional or negligent breach of duties typical of the contract on the part of KING’s HOTELs. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the HOTELs. The limitation period shall commence at the end of the year in which the claim arose and the user or guest becomes aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware thereof without gross negligence.
13. Limitation of liability, items brought by the guest
13.1 We shall be liable for damages for which we are responsible arising from injury to life, limb or health. Furthermore, we are liable for other damages that are based on an intentional or grossly negligent breach of our obligations or on an intentional or negligent breach of our typical contractual obligations. Typical contractual obligations are obligations that enable the proper execution of the hotel accommodation contract and on whose fulfillment the guest relies.
and may trust. A breach of duty by the HOTEL is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise provided for in this clause 13.
13.2 For brought in things of the guest apply §§ 701 ff. BGB (GERMAN CIVIL CODE). We recommend the guest to use the hotel or room safe, if such is available. If the guest wishes to bring in money, securities and/or
valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with us.
13.3 Insofar as we provide the guest with a parking space in the hotel garage or in a hotel parking lot, even for a fee, this shall not constitute a contract of sale. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and/or their contents, we shall only be liable in accordance with the above section 13.1.
13.4 We do not execute wake-up orders. If postal, message or goods consignments are accepted by separate agreement, we shall carry them out with the due care of a prudent businessman; we shall only be liable in this respect in accordance with the above Clause 13.1.
- Choice of law, place of jurisdiction
14.1 All legal relations between the contracting parties shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. With respect to consumers, sentence 1 shall apply only to the extent that the choice of law does not undermine the protection of mandatory legal provisions of the state in which the consumer has his habitual residence.
14.2 If the guest is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the hotel accommodation contract – including disputes relating to checks and bills of exchange – shall be our registered office in Munich. The same applies if the guest does not have a general place of jurisdiction in the Federal Republic of Germany or if the guest’s place of residence or habitual abode is unknown at the time the action is filed. Mandatory statutory provisions on the place of jurisdiction remain unaffected.