Terms and Conditions
General Terms and Conditions
for the Hotel Accommodation Contract
Hotel-Restaurant-Ayhan
Otto-Hahn-Straße 15 A
31303 Burgdorf
1. SCOPE
1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and other services provided by Hotel Ayhan (hotel accommodation contract).
2. The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of Hotel Ayhan.
3. The customer's general terms and conditions shall only apply if this has been expressly agreed in writing in advance.
2. CONCLUSION OF THE CONTRACT, CONTRACTUAL PARTNERS; STATUTE OF LIMITATIONS
1a. The rental agreement with Hotel Ayhan is only concluded after a binding written booking by the guest and a written booking confirmation, also by email, from the hotel.
1b. In the case of short-term bookings (including walk-in guests), the contract is concluded by signing the registration form and accepting the General Terms and Conditions.
2. The contracting parties are the hotel and the customer. If a third party has made the reservation for the customer, they shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
3. All claims against the hotel shall generally become time-barred one year after the start of the regular limitation period of § 199 (1) BGB (German Civil Code). Claims for damages shall become time-barred after five years, regardless of knowledge. The shortened limitation periods shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
3. SERVICES, PRICES, PAYMENT, SET-OFF
1. The hotel is obligated to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obligated to pay the hotel's applicable prices for the provision of the room and any other services used by him. This also applies to services and expenses incurred by the hotel to third parties at the customer's request. The agreed prices include the applicable statutory value-added tax. Statutory increases in value-added tax shall be borne by the customer. The agreed rental price is due in cash immediately on the day of departure. By agreement, payment may also be made by electronic means. Payment on account can only be accepted after confirmation of cost coverage.
3. The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel's services, or the customer's length of stay requested by the customer dependent on an increase in the price for the rooms and/or other hotel services.
4. Hotel invoices are payable without deduction within 10 days of the invoice being sent. In the event of late payment, the hotel is entitled to charge a flat rate (late payment surcharges, processing fee) of EUR 25.00.
5. The hotel is entitled to demand an advance payment or security deposit from the customer upon conclusion of the contract.
6. In justified cases, e.g. payment arrears on the part of the customer, the hotel is entitled to refuse further services.
7. The customer may only offset or set off a claim against a claim by the hotel if the claim is undisputed or legally binding.
4. CANCELLATION BY THE CUSTOMER
(e.g., cancellation, reduction, cancellation/non-use of the hotel's services)
1. Bookings made by the customer are binding.
2. Withdrawal by the customer from the contract concluded with the hotel requires the hotel's consent in writing. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of the contractual services. If a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract until that date without triggering payment or damage claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date.
3. For rooms not used by the customer, the hotel shall offset the income from renting these rooms to other parties. If the rooms are not rented to other parties, the hotel may charge 100% of the contractually agreed remuneration.
4. Cancellations must be made in writing. Depending on the time of cancellation, a compensation obligation remains to varying degrees. Reservations made by the contracting party are binding for both contracting parties.
5. Cancellation policy: Your reservation can be canceled free of charge up to 30 days before the date of arrival, otherwise Hotel Ayhan will charge up to 80 percent of the room price for the booked period. In the event of a no-show without prior cancellation, we will charge you 100% of the confirmed room price. 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 80% of the contractually agreed price for accommodation with or without breakfast. The customer is free to prove that the above claim has not arisen or has not arisen in the amount claimed.
6. The prices expressly do not include premiums for travel cancellation insurance, so each guest must insure themselves against possible cancellation costs.
5. WITHDRAWAL BY THE HOTEL
1. If it has been agreed in writing that the customer may withdraw from the contract free of charge within a certain period, the hotel is also entitled to withdraw from the contract during this period (e.g. failure to comply with contractually agreed advance payment) if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel.
2. 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 it impossible to fulfill the contract.
3. In the event of justified withdrawal by the hotel, the customer shall not be entitled to compensation.
4. ADDITIONAL CORONA PANDEMIC:
Hotel Ayhan may unilaterally cancel the booking without liability or obligation to pay damages to the guest if the hotel's business operations are closed or restricted in their operation due to official or legal orders. The guest is also entitled to this right of unilateral liability and free cancellation in the aforementioned case.
6. ROOM PROVISION, HANDOVER, AND RETURN
1. The customer shall not be entitled to the provision of specific rooms unless this has been expressly agreed in writing.
2. Booked rooms shall be available to the customer from 3:00 p.m. on the agreed day of arrival. The customer shall not be entitled to earlier provision.
3. On the agreed departure day, the rooms must be vacated and made available to the hotel by 10:30 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for use of the room beyond the contractual period until 3:00 p.m. due to the delayed vacating of the room, and 100% thereafter.
4. The rooms will be kept available until 6:00 p.m. on the day of arrival. After that, the rooms may be rented to other guests.
5. The customer is liable to the hotel for all damage caused by them or by third parties who receive the hotel's services at their instigation.
6. Room access cards/keys that have been taken away can be returned to the hotel at the customer's expense within 4 days. After that, the guest owes the hotel the replacement costs of approximately EUR 35.00.
7. Unregistered dogs will be charged to the customer, plus a one-time special cleaning fee of EUR 25.00. A pet is charged at EUR 10.00 per night in the guest's room.
7. LIABILITY OF THE HOTEL
1. The hotel is liable for its obligations under the contract. Claims for damages by the customer are excluded. This does not apply to damages resulting from injury to life, limb, or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel, and damages based on an intentional or negligent breach of typical contractual obligations of the hotel. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation upon becoming aware of it or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and minimize any possible damage.
2. The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The contractual liability of Hotel Ayhan is limited to the basic rental price, insofar as the hotel is solely responsible for damage incurred by the guest.
3. If the customer is provided with a parking space in the garage or in a hotel car park, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to motor vehicles, trailers, motorcycles, or trailers parked or maneuvered on the hotel premises, or their contents.
4. Items left behind by the customer will only be forwarded upon request, at the customer's risk and expense. The hotel will only store the items for 12 months and is entitled to charge a reasonable fee for this service.
5. The hotel provides free Wi-Fi access in public areas. The user is solely responsible for the use of the Internet connection and is liable for any damages or claims that are unlawfully brought against the hotel by the guest through the use of the hotel's Wi-Fi connection.
8. FINAL PROVISIONS
1. Amendments and additions to the contract or these General Terms and Conditions must be made in writing. Unilateral amendments or additions by the customer are invalid.
2. The place of performance and payment is the location of the hotel.
3. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions or similar is excluded.
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.
Affiliated companies:
Restaurant El Rancho; Restaurant - Fasanenkrug; Vacation apartment Weiss;