General Terms and Conditions of Boutique Hotel am Schillerplatz
Status January 2025
1) Scope of application
These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes and all other services and deliveries provided to the customer by Boutique Hotel Am Schillerplatz, hereinafter referred to as the hotel, in this context
.
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 the hotel, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
General Terms and Conditions of the customer shall only apply if this has been expressly agreed in advance.
2) Conclusion of contract, partner, statute of limitations
The contract is concluded upon acceptance of the customer's request by the hotel. The hotel is free to confirm the room booking in writing
.
The contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, it shall be liable to the hotel together with the customer as
joint and several debtor for all obligations arising from the accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
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, insofar as the latter are based on an intentional or grossly negligent breach of duty by the hotel
.
3) Services, prices, payment, offsetting
The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
The customer is obliged to pay the agreed or applicable
prices of the hotel for the room rental and the other services used by him. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and disbursed to the hotel by
.
The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are
local taxes that are owed by the guest according to the respective municipal law, such as visitor's tax or accommodation tax.
In the event of a change in the statutory value added tax or the introduction, change or abolition of local taxes on the object of performance after the conclusion of the contract
, the prices shall be adjusted accordingly.
The hotel may make its consent to a subsequent reduction in the number of rooms booked, the services of the
hotel or the length of the customer's stay requested by the customer dependent on the price for the rooms and/or for the other services of the
hotel being increased.
Hotel invoices without a due date are payable immediately upon receipt of the invoice without deduction. In the event of default of payment by the customer, the
statutory provisions shall apply. The hotel reserves the right to provide evidence of higher damages.
The contract is only concluded when the deposit/security deposit due has been paid. The hotel shall not be liable for any damages incurred by the customer as a result of the failure to make a down payment
. The guest is responsible for providing proof of the failure to make a down payment.
Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay for existing
and future claims arising from the contract.
The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.
The rooms are cleaned in accordance with the posted guest information. The guest shall be held liable for any damage or missing items in the inventory and furniture in the
rooms during the period of use, without proof of fault. If the guest incurs damage, he must inform the hotel immediately at
- otherwise any liability claims will lapse.
Breakfast: This is an extended continental breakfast. Breakfast cannot be charged or transferred to other
persons if not used. It is solely for consumption in the hotel.
4) Withdrawal by the customer (cancelation)
NON-UTILIZATION OF THE HOTEL'S SERVICES (NO SHOW)
The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract,
another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a
right of withdrawal as well as the possible consent to a contract cancellation are listed in the reservation confirmation. If a date for free withdrawal from the contract has been agreed between the hotel
and the customer, the customer may withdraw from the contract up to that date without incurring payment
or damage compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date
.
If the right of withdrawal has expired, the guest is entitled to 90% of the agreed contract amount.
The guest is at liberty to provide evidence of lesser damage. The burden of proof lies with the guest!
5) Withdrawal of the hotel business
If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract during this period
if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right to withdraw from the contract upon
enquiry by the hotel with a reasonable deadline.
If the agreed or requested advance payment or security deposit is not made even after a reasonable grace period set by the hotel
has expired, the hotel is also entitled to withdraw from the contract.
Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
- Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract,
- rooms or rooms 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,
- the hotel has justified cause to believe that the use of the service may jeopardize the smooth operation of the business, the security
or the reputation of the hotel in public, without this being attributable to the sphere of control or organization of the hotel
,
- the purpose or reason for the stay is unlawful,
- there is a breach of section 1.2 above,
- The guest uses the room with more guests than contractually agreed.
The justified withdrawal of the hotel does not constitute a claim for damages on the part of the customer.
6) Room provision, handover and return
The customer shall not acquire any entitlement to the provision of specific rooms or apartments unless this has been expressly agreed.
Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.
On the agreed day of departure, the hotel rooms must be vacated by 10:00 a.m. at the latest.
After this time, the hotel may charge the customer for any expenses incurred due to the late vacating of the room in excess of the contractually agreed time.
Up to 3 p.m., €10.00 will be charged for each hour or part thereof; from 3 p.m., the following night will be charged at 100%, as it is no longer possible to clean the room after
3 p.m. and therefore no longer possible to re-let it. This does not give rise to any contractual claims on the part of the customer. The customer is free to prove
that the hotel has no or a significantly lower claim to a usage fee.
7) Liability of the hotel business
The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is liable for other
damages which are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent
breach of typical contractual obligations by the hotel. A breach of duty by a legal representative or
vicarious agent shall be deemed equivalent to a breach of duty by the hotel. Further claims for damages are excluded, unless otherwise regulated in this clause 7. Should
disruptions or defects in the hotel's services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer to
. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.
The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel does not recommend leaving valuables in the rooms at
. Anyone wishing to bring in money, securities and valuables with a value of more than 500 euros or other items with a value of more than 1,500 euros
must conclude a separate storage agreement with the hotel.
Neither wake-up calls nor orders for the transmission of messages, acceptance of mail or shipments of goods are carried out for the guest.
8) Final provisions
Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in writing. Unilateral
amendments or additions by the customer are invalid.
Lost property will only be forwarded on request and against advance payment of the postage and packaging fee of €10. Otherwise they will be kept in
the hotel for 14 days. After this period, lost property with a value of over €100 will be handed over to the municipal lost and found office. The guest leaves
the assessment of the value to the hotel. If the value is less, it will be disposed of.
The place of fulfillment and payment as well as the exclusive place of jurisdiction is the District Court of Dresden. If a contractual partner fulfills the requirements of § 38
paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel's operating company. 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. 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.
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Contact us
Am Schillerplatz
Schillerplatz 10
01309 Dresden
Tel: +49 351 31212772
Mail: info@hotel-dresden-schillerplatz.de

