Hotel - General Terms and Conditions (GTC)
1. Scope of application
1.1 These Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation purposes and all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, and hotel room contract.
1.1 These Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation purposes and all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, and hotel room contract.
1.2 The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation, require the prior consent of the hotel in writing, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
1.3 The customer's general terms and conditions shall apply only if expressly agreed in advance.
2. Conclusion of contract, contracting parties, limitation period
2.1 The contracting parties are the hotel and the customer. The contract shall be concluded by the hotel's acceptance of the customer's application. The hotel shall be free to confirm the room booking in writing.
2.2 All claims against the hotel are generally subject to a limitation period of one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims if the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3. Services, prices, payment, set-off
3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obligated to pay the hotel's agreed or applicable prices for the provision of the rooms and the other services used by the customer. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Not included are local taxes, which are owed by the guest according to the respective local law, such as visitor's tax. In the event of a change in the statutory value-added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between the conclusion and performance of the contract exceeds four months.
3.4 The hotel may consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel's services or the customer's length of stay conditional upon an increase in the price for the rooms and/or the hotel's other services.
3.5 Invoices issued by the hotel without a due date are payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of a default of payment by the customer, the statutory provisions shall apply. The hotel reserves the right to provide proof of greater damage.
3.6 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example, in the form of a credit card guarantee. The advance payment amount and payment dates may be agreed upon in writing in the contract. The statutory provisions shall remain unaffected in the case of advance payments or security deposits for package tours. In the event of a default of payment by the customer, the statutory provisions shall apply.
3.7 In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel is entitled, even after the conclusion of the contract and up to the beginning of the stay, to demand an advance payment or security deposit within the meaning of clause 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.8 The hotel is furthermore entitled to demand from the customer a reasonable advance payment or security deposit within the meaning of clause 3.6 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such payment has not already been made in accordance with clause 3.6 and/or clause 3.7 above.
3.9 The customer may only set off an undisputed or legally enforceable claim against a claim of the hotel.
4. Withdrawal by the customer (cancellation) / non-utilisation of the hotel's services (no-show)
4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal was expressly agreed in the contract, if another statutory right of withdrawal exists or if the hotel expressly consents to the cancellation of the contract. The agreement of a right of withdrawal and the possible consent to cancel the contract shall be made in writing in each case.
4.2 If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without triggering payment or damage compensation claims by the hotel. The customer's right of withdrawal shall expire if he/she does not exercise his/her right of withdrawal towards the hotel by the agreed date.
4.3 If a right of withdrawal has not been agreed upon or has already expired, if there is also no statutory right of withdrawal or termination, and if the hotel does not agree to a cancellation of the contract, the hotel retains the claim to the agreed remuneration despite the non-utilisation of the service. The hotel shall take into account the income from renting the rooms to other parties and the expenses saved. If the rooms are not let to other parties, the hotel may 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 overnight accommodation with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is at liberty to prove that the aforementioned claim has not arisen or has not arisen to the amount claimed.
5. Cancellation by the hotel
5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel shall be entitled to withdraw from the contract within this period if there are requests from other customers for the contractually reserved rooms and the customer does not waive his/her right to withdraw upon inquiry by the hotel with a reasonable deadline.
5.2 If an advance payment or security deposit agreed or demanded pursuant to clause 3.6 and/or clause 3.7 is not made even after the expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular, if
(a) force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
(b) rooms or spaces are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the customer, the ability to pay or the purpose of the stay;
(c) the hotel has reasonable grounds to believe that the use of the service may jeopardise the smooth operation of the business, the security or the reputation of the hotel in public without this being attributable to the hotel's sphere of control or organisation;
(d) the purpose or reason for the stay is unlawful;
(e) there is a breach of clause 1.2 above.
6. Room provision, handover and return.
6.1 The customer does not acquire any claim to the provision of specific rooms unless this has been expressly agreed upon.
6.2 Booked rooms are available to the customer from 3 p.m. on the agreed day of arrival. The customer has no right to earlier provision.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12 noon at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for the use of the room in excess of the contract until 6 p.m., and 90% after 6 p.m., due to the late vacating of the room. Contractual claims of the customer are not justified by this. The customer shall be at liberty to prove that the hotel has not incurred any claim to a charge for use or that the claim is substantially lower.
7. Liability of the hotel
7.1 The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. It shall still be liable for other damages based on an intentional or grossly negligent breach of duty on the part of the hotel or an intentional or negligent breach of duties typical of the contract on the part of the hotel. 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 7. In the event of disruptions or defects in the hotel's services, the hotel shall endeavour to remedy such if it becomes aware of them or receives a complaint from the customer without undue delay. The customer is obliged to contribute what he/she can reasonably be expected to do to remedy the disruption and keep any possible damage to a minimum.
7.2 The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring in money, securities and 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 the hotel.
7.3 Insofar as a parking space is made available to the customer in the hotel garage or the hotel car park, even for a fee, this shall not constitute a safekeeping contract. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, the hotel shall be liable only in accordance with the above clause 7.1, sentences 1 to 4.
7.4 Wake-up services shall be performed by the hotel with the utmost care.
Messages, mail and consignments of goods for the guests shall be handled with care. The hotel shall undertake the delivery, safekeeping and - on request - forwarding of the same against payment. The hotel shall only be liable in this respect in accordance with the above clause 7.1, sentences 1 to 4.
8. Minimum age
8.1 Minors (under 18 years of age) must be accompanied by an adult at the hotel.
9. Final provisions
9.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in writing. Unilateral amendments or supplements by the customer are invalid.
9.2 The place of fulfilment and payment, as well as the exclusive place of jurisdiction - including for disputes concerning cheques and bills of exchange - in commercial transactions is Cologne. If a contracting party fulfils the requirements of § 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, Cologne shall be the place of jurisdiction.
9.3 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.
9.4 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. In all other respects, the statutory provisions shall apply.
Shop - General Terms and Conditions (GTC)
1. Scope
For all services of
Hotel Savoy Köln GmbH
Turiner Straße 9
50668 Köln
Tel.: +49 (221) 1623-0
Fax: +49 (221) 1623-200
E-Mail: info@savoy.de
to consumers (§ 13 BGB) these general terms and conditions apply.
2. Contracting Party
All purchase agreements are concluded with Hotel Savoy Köln GmbH, Turiner Straße 9, 50668 Köln. In case of questions or complaints we are available on weekdays (Mo-Fr.) from 9:00 to 17:00 on phone number +49 (221) 1623-0 or per e-mail info@savoy.de.
3. Offer and Conclusion of Contract
3.1 The presentation of services/products in the online shop is not a legally binding offer, but an invitation to order. Errors excepted.
3.2 By clicking the button "Order with obligation to pay" in the last step of the ordering process a binding order is placed for the services/products contained in the shopping cart. The purchase contract is concluded as soon as the order is accepted through a confirmation immediately after receipt of the order. This order confirmation will be displayed on the website and sent at the same time by email.
4. Cancellation Policy
4.1 Right of Withdrawal
You have the right to cancel this contract within fourteen days without stating a reason if the service agreed in the contract has not yet been performed or part of it has been performed. The cancellation period is fourteen days and begins on the day the contract is concluded. If the end of the period falls on a Saturday, Sunday or public holiday, the following working day is considered the end of the period. To meet the cancellation deadline, it is sufficient to send your communication regarding your right of cancellation before the cancellation period expires. In order to exercise your right of cancellation, you must inform the contracting party of your decision to cancel this contract by means of a clear written declaration (e.g. a letter sent by post or email). You can use the attached sample cancellation form, but this is not mandatory. Cancellations per phone are not accepted.
4.2 Consequences of Cancellation
If you cancel the purchase agreement, we will immediatley refund all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result in the case you chose a delivery option different from the cheapest standard delivery we offer) at the latest within fourteen days from the day on which we have received notification of your cancellation of this contract. For this repayment, we use the same means of payment you used in the original transaction, unless specifically agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired. The buyer bears the cost of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functionality of the goods.
Sample Withdrawal Form
(If you want to cancel the contract, please fill out this form and send it back).
- To
Hotel Savoy Köln GmbH
Turiner Straße 9
50668 Köln
Tel.: +49 (221) 1623-0
Fax: +49 (221) 1623-200
E-Mail: info@savoy.de
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only for notification on paper)
- Date
(*) Cross out inapplicable sections.
5. Prices and Shipping Costs
The prices stated on the product pages include VAT and other price components. The shipping costs listed at the time of the order apply. The voucher can be sent by email and is available for the recipient to print out. Alternatively, the voucher can be sent per mail via a lettershop provider. For this purpose, the customer data required for shipping (title, name, address) are transmitted for further processing.
6. Payment
6.1 Payment is made either by Giropay, credit card, Sofortüberweisung, PayPal or cash payment at the hotel. Other payment methods are excluded.
6.2 You only have the right to offset if your counterclaims have been legally established or are undisputed or have been recognized by us in writing.
6.3 You can only exercise a right of retention if the claims result from the same contractual relationship.
7. Voucher Conditions and Validity
7.1 Only fully paid vouchers are valid and can be redeemed. Using one of the accepted payment methods, a voucher is valid immediately after the order and can be redeemed on the same day.
7.2 The voucher can only be redeemed in the amount paid for the voucher and explicitly not after the service stated on the voucher. All vouchers are issued as vouchers for the amount paid.
7.3 Vouchers are valid for three years from the end of the year in which the voucher was issued. If no date of issue is noted, the date of payment of the voucher applies. In the case of special offers or vouchers for selected events, the validity can be limited. You will find further information and the expiry date on the voucher.
7.4 A cash payment of the voucher value or of residual values is generally not possible.
7.5 The voucher value can be redeemed for all services of the voucher provider, subject to availability.
7.6 The voucher can only be redeemed if it is presented in printed form to the voucher provider at the latest on the day of arrival.
8. Shipping
8.1 The vouchers can either be sent as PDF per email immediately after the online order has been received or alternatively as a dispatch by post in a high-quality voucher box.
8.2 From an order value of € 250.00, shipping is free, otherwise there is a shipping fee of € 9.00.
8.3 We only deliver one gift box per order. If you order several vouchers and want a gift box for each individual voucher, please process each order separately.
8.4 Vouchers are usually delivered within 3-5 working days. No shipping takes place on public holidays and weekends. For special holidays, e.g. Christmas the delivery time can increase.
8.5 The delivery is sent to the person and address specified in the order form. No liability is accepted for delays caused by mail delivery.
9. Data protection
The customer's data is requested, stored and used as customer data exclusively for the processing of the order. The basis for this are the relevant data protection provisions of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG).
10. Dispute Settlement and Consumer Dispute Settlement Act
The European Commission provides a platform for online dispute resolution, which you can find at http://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
End of the terms & conditions.
As of January 2020.