Terms & Conditions
Terms and Conditions HOTEL MONIKA Accommodation
I. Scope of Application
These terms and conditions apply to all hotel accommodation contracts as well as to all other services and deliveries provided by Hotel Monika to the guest. Deviating provisions, including those in the general terms and conditions of the guest or the booking party or intermediaries for hotel rooms, do not apply unless they are expressly accepted in writing by Hotel Monika.
II. Conclusion of Contract
A contract for accommodation (hereinafter: “Contract”) is concluded when the guest makes a booking request with Hotel Monika or a hotel intermediary and the hotel or intermediary confirms the booking.
The contractual partners are Hotel Monika and the guest. If a third party makes the booking on behalf of the guest, that party is liable to the hotel together with the guest as joint and several debtors for all obligations arising from the contract, provided Hotel Monika has received an appropriate declaration. Regardless of this, every booking party is obliged to forward all booking-relevant information, especially these terms and conditions, to the guest.
Subletting or re-letting the rooms provided, as well as their use for purposes other than accommodation, is prohibited.
III. Services / Payments
Hotel Monika is obliged to keep the room booked by the guest available in accordance with these terms and conditions and to provide the agreed services.
The guest is obliged to pay the applicable prices for the room rental and any other services used by them. This also applies to services and expenses incurred by the hotel with third parties at the guest's request.
Hotel Monika is entitled to request an appropriate advance payment at the time of contract conclusion or thereafter.
Hotel prices include the applicable statutory VAT. Invoices from Hotel Monika are payable immediately, at the latest upon departure, without any deductions. For corporate invoices, the contractual partner is in default at the latest if they do not make payment within ten days of the due date and receipt of an invoice. In the event of default in payment, default interest will be charged at a rate of 8% above the base rate for business transactions and 5% above the base rate for consumers.
The guest may only offset or reduce claims against a claim by Hotel Monika with a legally binding claim.
IV. Cancellation / Withdrawal
Hotel Monika grants the guest a right of withdrawal under the following conditions: The guest may withdraw from the contract up to three days before arrival without further legal consequences, unless different cancellation conditions have been expressly accepted in writing by Hotel Monika. The withdrawal must have been received in writing by Hotel Monika by this time. In the event of a later cancellation, Hotel Monika is entitled to charge a cancellation fee of 80% of the agreed room rate. In the event of a no-show without prior cancellation, the hotel will charge 100% of the agreed price for the first night and 80% of the agreed price for subsequent nights if the room is not re-let. Hotel Monika will attempt to re-let the rooms made available by cancellation. If this is not possible, or only partially possible, the resulting loss will be charged.
Cancellation and changes to a reservation involving a larger volume of overnight stays (overnight stays) are only possible for the guest or booking party within the following periods: 50% of the overnight stays 45 days before the arrival date; 25% of the overnight stays 30 days before the arrival date; and 15% of the overnight stays 15 days before the arrival date. If the agreed service includes more than 100 overnight stays, the periods are extended by 30 days each.
During trade fairs or periods of high business volume, separately agreed cancellation conditions may apply.
If a requested advance payment according to Section III.3 is not made within the specified period, Hotel Monika is entitled to withdraw from the contract. Hotel Monika is also entitled to withdraw from the contract for good cause, especially if:
- Force majeure or other circumstances beyond the hotel's control make it impossible to fulfill the contract,
- Rooms are booked under misleading or false statements of essential facts, such as regarding the guest or the purpose of the stay,
- Hotel Monika has reason to believe that the use of hotel services may endanger the hotel's operations, security, or reputation in the public, or unauthorized use as defined in Section II.3 is involved.
The hotel must inform the guest of the exercise of the right of withdrawal without delay in writing. In the aforementioned cases of withdrawal, the guest has no claim for damages.
V. Arrival / Departure
The guest does not acquire the right to the provision of specific rooms unless Hotel Monika has expressly confirmed the provision of specific rooms in writing. The reserved room is available from 2:00 PM on the day of arrival. The guest has no right to earlier provision.
Booked rooms must be occupied by the guest by 6:00 PM on the agreed arrival date at the latest. Otherwise, Hotel Monika has the right to re-let the booked rooms after 6:00 PM.
The guest must vacate the room and make it available to the hotel by 11:00 AM on the agreed departure date at the latest. After this time, Hotel Monika may charge the day room rate for additional use of the room, and from 2:00 PM the full overnight rate, in addition to any damages incurred.
VI. Liability / Limitation
The contractual liability of Hotel Monika for defects existing at the time of contract conclusion that are not due to circumstances for which the hotel is responsible is excluded. The hotel is only liable for damages suffered by a guest if the damage occurs within the scope of the hotel's operations and Hotel Monika or its employees are guilty of gross negligence.
Hotel Monika is only liable for brought-in items up to the statutory maximum amount. The hotel may refuse to store valuable items, money, and securities. The hotel is only liable for foreseeable and direct damages for breaches of essential contractual obligations unless the hotel is guilty of intent or gross negligence.
The use of the parking spaces at the hotel is at the guest's own risk. The hotel is not liable for theft of the brought-in vehicle or theft of items from brought-in vehicles. The hotel is not liable for damage to brought-in vehicles. The hotel also assumes no liability for damage caused by weather-related high water (rain, hail, or floods). The hotel does not assume any liability for other types of weather-related damage or obstacles. The guest alone is responsible for this.
The guest is obliged to report any defects or damages in their hotel room to Hotel Monika immediately, thereby giving the hotel the opportunity to remedy the defect. The hotel disclaims liability for damages.
Smoking in the rooms is prohibited.
In the event of a violation, Hotel Monika is entitled to charge the guest at least a one-time cleaning fee of €75.00. However, if the room cannot be re-let as a result, the hotel is entitled to charge each additional night of lost revenue. The price for the room type will be taken into account.
In the event of heavy soiling of the room, Hotel Monika is entitled to charge the guest at least a one-time cleaning fee of €75.00.
Any theft of hotel property or third-party property will generally be reported, and the value will be charged at the replacement price.
VII. Final Provisions
Changes or additions to the contract, the acceptance of the application, or these terms and conditions for hotel accommodation must be made in writing. Unilateral changes or additions by the guest are ineffective.
The place of performance and payment is Büttelborn.
German law applies to merchants or persons who do not have a general place of jurisdiction in Germany.
Should individual provisions of these terms and conditions be invalid or void, the validity of the remaining provisions shall not be affected. Otherwise, the statutory provisions apply.
Hotel Monika, Scheuermann & Gries GmbH – Büttelborn, December 2017