Terms and conditions

Here is the translation of the provided AGB text into English while maintaining the formatting:

**1. Scope of Application**

1.1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" encompasses and replaces the following terms: hotel, hotel room, guest accommodation, and accommodation contract.

1.2. The subletting or further rental of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel, with § 540 paragraph 1 sentence 2 of the German Civil Code (BGB) being waived, unless the customer is not a consumer within the meaning of § 13 BGB.

1.3. The customer's general terms and conditions apply only if this has been expressly agreed upon in written form.

**2. Conclusion of Contract, Contractual Partners, Limitation Period**

2.1. The contractual partners are Park Hotel (hereinafter referred to as the hotel) and the customer. The contract is concluded when the hotel accepts the customer's offer. The hotel is free to confirm the room booking in written form.

2.2. In the case of group bookings (15 persons or more), the customer must provide the hotel with the details of the participants subject to registration at the time of booking or at the latest five days prior to the commencement of the stay.

2.3. Claims against the hotel shall become time-barred one year from the statutory commencement of the limitation period. This does not apply to claims for damages and other claims unless they are based on a breach of life, body, health, or on intentional or grossly negligent breach of duty by the hotel.

**3. Services, Prices**

3.1. The hotel is obligated to keep the rooms booked by the customer available and to provide the agreed-upon services. The customer is not entitled to the provision of specific rooms, areas, or spaces, unless this has been agreed upon in written form.

3.2. Subject to prior consent from the hotel management in written form, the bringing of animals of any kind, such as dogs, cats, birds, or reptiles, is not allowed.

3.3. The customer is obligated to pay the agreed-upon or applicable hotel prices for room provision and for any other services used by the customer. This also applies to services and expenses of the hotel incurred by the customer directly or through the hotel, and which are disbursed by the hotel.

3.4. The agreed prices include the applicable taxes and local charges in effect at the time of contract conclusion. Local charges not included are to be paid by the customer directly to the local authorities, such as tourist taxes. In case of a change in the statutory value-added tax or the introduction, change, or abolition of local charges on the subject matter of performance after the contract is concluded, the prices shall be adjusted accordingly. This only applies to contracts with consumers if the period between contract conclusion and contract performance exceeds four months.

3.5. The hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel's services, or the duration of the guest's stay dependent on the increase of the price for the rooms and/or for the other services of the hotel.

**4. Payment, Offset**

4.1. At the time of contract conclusion, the hotel may require the customer to make an advance payment or provide security, such as a credit card guarantee. The amount of the advance payment and the payment dates can be agreed upon in written form. For advance payments or security for package tours, the statutory provisions remain unaffected. In the event of payment arrears by the customer, the statutory provisions apply.

4.2. In justified cases, e.g., due to payment arrears by the customer or an extension of the scope of the contract, the hotel is entitled, even after the contract is concluded, to demand an advance payment or security within the meaning of the above-mentioned paragraph 4.1 or an increase in the advance payment or security up to the full contractually agreed remuneration.

4.3. Furthermore, the hotel is entitled to demand an advance payment or security within the meaning of the above-mentioned paragraph 4.1 at the beginning and during the guest's stay, up to the full contractually agreed remuneration, even if such has already been paid.

4.4. Invoices issued by the hotel without a due date are payable without deduction within ten days of the date of the invoice receipt.

4.5. The customer agrees to receive invoices electronically.

4.6. The customer may only offset or reduce a claim of the hotel with an undisputed or legally enforceable claim.

**5. Cancellation by the Customer (Withdrawal, Cancellation/Non-Utilization of the Hotel's Services)**

5.1. The customer's withdrawal from the contract with the hotel is only possible if a contractual right of withdrawal has been expressly agreed upon, if a statutory withdrawal right exists, or if the hotel explicitly consents to the cancellation of the contract.

5.2. Unless otherwise agreed in writing between the hotel and the customer, the cancellation period is until 12:00 AM on the day before the planned arrival date. Free cancellations must be received by the hotel in written form (e.g., via email or fax) by this time.

5.3. If there is no agreed withdrawal right or if such has already expired due to the passage of time, there is also no statutory withdrawal or termination right, and if the hotel does not agree to the cancellation of the contract, the hotel retains the right to the agreed-upon remuneration despite the non-utilization of the service. The hotel must credit the income from other rentals of the rooms and the saved expenses. If the rooms are not otherwise rented, the hotel can make a lump sum deduction for saved expenses. In this case, the customer is obligated to pay 100% of the contractually agreed price for overnight accommodation with or without breakfast and 70% for half-board or full-board packages. The customer is free to prove that the hotel has not incurred the claim mentioned above or has not incurred it in the required amount. The hotel is free to prove that a substantially higher claim has arisen.

**6. Cancellation by the Hotel, Compensation for Rental Loss**

6.1. If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is also entitled to withdraw from the contract during that period if there are inquiries from other customers about the contractually booked rooms and the customer does not waive his withdrawal right upon the hotel's request with a reasonable deadline. This applies accordingly to granting an option when other inquiries exist and the customer does not commit to a definite booking upon the hotel's request with a reasonable deadline.

6.2. If an advance payment or security agreed upon in accordance with paragraph 4.1 and/or paragraph 4.2 is not paid even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

6.3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for good cause, particularly if
6.3.1. Force majeure or other circumstances beyond the hotel's control make it impossible to fulfill the contract;
6.3.2. Rooms or spaces are booked with misleading or false information

 or by withholding essential facts; the identity of the customer, the customer's ability to pay, or the purpose of the stay may be material;
6.3.3. The hotel has reasonable cause to believe that the utilization of the hotel's services may jeopardize the hotel's normal business operations, security, or public reputation without being attributable to the hotel's sphere of control or organization;
6.3.4. The purpose or reason for the stay is unlawful;
6.3.5. A violation of the above-mentioned paragraph 1.2 on subletting or further rental exists;
6.3.6. Animals are brought into the hotel rooms in contravention of paragraph 3.2 without prior written consent.

6.4. The hotel's withdrawal as provided in paragraphs 6.1 to 6.3 does not give rise to a customer's claim for damages.

6.5. The hotel's right to withdraw from the contract in accordance with the statutory provisions remains unaffected. The hotel's right to claim damages is not excluded by the withdrawal.

6.6. If the hotel withdraws from the contract due to a customer's breach of duty and is entitled to compensation for damages under the statutory provisions, the provisions of paragraph 5.3 shall apply accordingly. The same applies when the hotel terminates the hotel accommodation contract for a good cause without notice.

**7. Room Availability, Handover, and Return**

7.1. Unless otherwise agreed, rooms booked by the customer shall be available from 3:00 PM on the agreed arrival date. The customer is not entitled to earlier availability.

7.2. If the customer does not make use of the booked rooms by 6:00 PM at the latest on the agreed arrival date and has not informed the hotel of a later arrival, the hotel is entitled to otherwise rent the booked rooms.

7.3. Unless otherwise agreed, rooms shall be vacated and made available to the hotel by 11:00 AM on the agreed departure date. After that time, the hotel may charge 50% of the full accommodation price (price according to the price list) for the additional use of the room up to 2:00 PM. In the event of a room being made available after 2:00 PM, the hotel may charge 90% of the full accommodation price. Contractual claims of the customer are not established by this. The customer is free to prove that the hotel has not incurred the claim or has not incurred it in the required amount.

**8. Hotel's Liability**

8.1. The hotel is liable for damages arising from the injury to life, body, or health caused by the hotel. Furthermore, the hotel is liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent violation of contract-typical obligations of the hotel. Contract-typical obligations are obligations that enable the proper performance of the contract and the fulfillment of which the customer may rely on. The breach of duty by the hotel's legal representatives or vicarious agents is equivalent to the hotel's breach of duty. Further claims for damages are excluded, unless otherwise provided for in this clause 8. If services or facilities are disrupted or defective, the hotel will make every effort to remedy the situation once it becomes aware of it or if the customer immediately brings it to the hotel's attention. The customer is obligated to take reasonable measures to help remedy the disruption and to minimize possible damage.

8.2. The hotel is liable according to the legal regulations for objects brought into the hotel. The hotel recommends the use of hotel or room safes. If the customer wishes to bring in money, securities, and valuables with a value of more than €800 or other objects with a value of more than €3,500, this requires a separate storage agreement with the hotel.

8.3. Insofar as the customer is provided with a parking space in the hotel garage or in a hotel parking lot, no custody agreement is concluded thereby. The hotel only owes monitoring duties. For loss or damage to vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable according to the provisions of this clause 8, paragraphs 1 to 4.

8.4. Wake-up calls are carried out by the hotel with the utmost care. Messages, mail, and consignments for guests are handled with care. The hotel can, upon prior agreement with the customer, take over the storage, delivery, and – for a fee – the forwarding of mail and consignments. The hotel is only liable according to the provisions of this clause 8, paragraphs 1 to 4.

**9. Final Provisions**

9.1. Amendments and supplements to the contract, acceptance of the application, or these General Terms and Conditions shall be made in written form. Unilateral amendments or supplements by the customer are ineffective.

9.2. Place of fulfillment and payment is Konz, and the exclusive place of jurisdiction – also for check and bill of exchange disputes – in commercial traffic is Konz. If the customer meets the requirements of § 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction is Konz.

9.3. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. 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. The statutory provisions apply in all other respects.

9.4. In accordance with the statutory obligation, the hotel points out that the European Union has established an online platform for the out-of-court resolution of consumer disputes ("ODR platform"): http://ec.europa.eu/consumers/odr/. However, the hotel does not participate in dispute resolution proceedings before consumer arbitration bodies.

Park Hotel · Granastraße 26 · 54329 Konz
Tel. 06501 6037987
info@parkhotel-konz.com · www.parkhotel-konz.com
VAT ID: DE252977250
Managing Director: Quoc Lam Trinh
Bank Details: 
IBAN: DE97585501300192033702 · BIC: TRISDE55XXX