Terms and Conditions

General Terms and Conditions for the Hotel Accommodation Agreement

1 SCOPE OF APPLICATION

1.1 These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging, as well as to all other services and supplies provided by the hotel to the guest in this context (Hotel Accommodation Contract). The term “Hotel Accommodation Agreement” encompasses and replaces the following terms: lodging agreement, guest accommodation agreement, hotel agreement, and hotel room agreement.

1.2 The subletting or re-letting of the rooms provided, as well as their use for purposes other than lodging, require the hotel’s prior written consent, whereby Section 540(1), sentence 2 of the German Civil Code (BGB) is excluded, provided that the customer is not a consumer within the meaning of Section 13 BGB.

1.3 The customer’s general terms and conditions shall apply only if this has been expressly agreed to in writing in advance.

2 CONCLUSION OF THE CONTRACT, CONTRACTING PARTIES, STATUTE OF LIMITATIONS

2.1 The contracting parties are the hotel and the customer. The contract is concluded upon the hotel’s acceptance of the customer’s request. The hotel is free to confirm the room reservation in writing.

2.2 All claims against the hotel generally become time-barred one year after the statutory commencement of the limitation period. This does not apply to claims for damages or other claims, provided that 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 obligated to reserve the rooms booked by the customer and to provide the agreed-upon services.

3.2 The guest is obligated to pay the hotel’s agreed-upon or applicable rates for the use of the rooms and any additional services utilized by the guest. This also applies to services ordered by the guest directly or through the hotel that are provided by third parties and advanced by the hotel.

3.3 The agreed-upon rates include the taxes and local fees in effect at the time the contract is concluded. Not included are local fees that, under applicable municipal law, are owed by the guest personally, such as a visitor’s tax. In the event of a change in the statutory value-added tax or the introduction, modification, or abolition of local charges on the subject matter of the service after the contract is concluded, the prices will be adjusted accordingly. For contracts with consumers, this applies only if the period between the conclusion of the contract and its performance exceeds four months.

3.4 The hotel may make its consent to a subsequent reduction requested by the customer in the number of booked rooms, the hotel’s services, or the customer’s length of stay contingent upon a reasonable increase in the price for the rooms and/or the hotel’s other services.

3.5 The hotel’s invoices are due for payment immediately upon receipt without any deductions. If payment on account has been agreed upon, payment must be made—unless otherwise agreed—within ten days of receipt of the invoice without any deductions.

3.6 The hotel is entitled to require the customer to make a reasonable advance payment or provide security, for example in the form of a credit card guarantee, upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed upon in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. In the event of late payment by the customer, the statutory provisions apply.

3.7 In justified cases, such as the customer’s payment arrears or an expansion of the scope of the contract, the hotel is entitled, even after the contract has been concluded and up until the start of the stay, to demand an advance payment or security deposit as defined in Section 3.6 above, or to increase the advance payment or security deposit agreed upon in the contract up to the full agreed-upon compensation.

3.8 The hotel is further entitled, at the beginning of and during the stay, to demand from the customer a reasonable advance payment or security deposit as defined in Section 3.6 above for existing and future claims arising from the contract, provided that such payment has not already been made in accordance with Section 3.6 and/or Section 3.7 above.

3.9 The guest may set off or offset a claim against the hotel only with an undisputed or legally enforceable claim.

3.10 The customer agrees that the invoice may be sent to him electronically.

4 CUSTOMER’S WITHDRAWAL (CANCELLATION)/FAILURE TO UTILIZE THE HOTEL’S SERVICES (NO-SHOW)

4.1 The customer may withdraw from the contract concluded with the hotel only if a right of withdrawal was expressly agreed upon in the contract, a statutory right of withdrawal exists, or if the hotel expressly consents to the termination of the contract.

4.2 If a deadline for free withdrawal from the contract has been agreed upon between the hotel and the customer, the customer may withdraw from the contract by that deadline without triggering any claims for payment or damages by the hotel.

4.3 If no right of withdrawal has been agreed upon or has already expired, if there is no statutory right of withdrawal or termination, and if the hotel does not consent to the termination of the contract, the hotel retains the right to the agreed-upon compensation despite the service not being utilized. The hotel must offset any revenue from renting the rooms to other guests as well as any expenses saved. If the rooms are not rented to other guests, the hotel may apply a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay 90% of the contractually agreed-upon price for overnight stays with or without breakfast, as well as for package deals including third-party services; 70% for half-board arrangements; and 60% for full-board arrangements. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise in 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 specified period, the hotel is, for its part, entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer, upon inquiry by the hotel with a reasonable deadline set, does not waive their right to withdraw. This applies mutatis mutandis in the case of an option granted, if other inquiries have been received and the customer, upon inquiry by the hotel with a reasonable deadline set, is not prepared to make a firm reservation.

5.2 If an advance payment or security deposit agreed upon or required pursuant to Section 3.6 and/or Section 3.7 is not made even after the expiration of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to terminate the contract extraordinarily for objectively justified reasons, in particular if force majeure or other circumstances beyond the hotel’s control render fulfillment of the contract impossible;

- Rooms or spaces are booked through culpable provision of misleading or false information or by concealing material facts; such material facts may include the guest’s identity, financial solvency, or the purpose of the stay;

- the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the safety, or the hotel’s public reputation, provided that this is not attributable to the hotel’s sphere of control or organizational responsibility;

- the purpose or reason for the stay is unlawful;
- there is a violation of Section 1.2 above.

5.4 The hotel’s justified termination of the contract does not entitle the customer to claim damages.

6 PROVISION, HANDOVER, AND RETURN OF ROOMS

6.1 The customer has no right to the provision of specific rooms unless this has been expressly agreed in writing.

6.2 Booked rooms are available to the customer starting at 3:00 p.m. on the agreed-upon arrival date. The customer has no right to earlier check-in.

6.3 On the agreed-upon departure date, the rooms must be vacated and made available to the hotel by 12:00 p.m. at the latest. Thereafter, due to the delayed vacating of the room, the hotel may charge 50% of the full room rate (as listed in the price schedule) for use beyond the terms of the contract until 6:00 p.m., and 90% after 6:00 p.m. This does not give rise to any contractual claims on the part of the guest. The guest is free to prove that the hotel incurred no claim for usage fees or a significantly lower claim.

7 LIABILITY OF THE HOTEL

7.1 The hotel is liable for damages for which it is responsible arising from injury to life, limb, or health. 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 breach of the hotel’s obligations typical to the contract. Obligations typical of the contract are those obligations that make the proper performance of the contract possible in the first place and on the fulfillment of which the customer relies and is entitled to rely. A breach of duty by the hotel is deemed equivalent to a breach by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this Section 7. Should disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy the situation upon becoming aware of them or upon immediate notice from the customer. The guest is obligated to do everything reasonably expected of them to remedy the disruption and minimize any potential damage.

7.2 The hotel is liable to the guest for items brought onto the premises in accordance with statutory provisions. The hotel recommends using the hotel or in-room safe. If the guest wishes to bring in cash, securities, and valuables worth more than 800 euros or other items worth more than 3,500 euros, this requires a separate storage agreement with the hotel.

7.3 If a parking space is made available to the guest in the hotel garage or in the hotel parking lot—even for a fee—this does not constitute a custody agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel premises and their contents, the hotel shall be liable only in accordance with the provisions of Section 7.1, sentences 1 through 4, above.

7.4 Wake-up calls are handled by the hotel with the utmost care. Messages for guests are handled with care. The hotel may, upon prior agreement with the guest, accept, store, and—upon request—forward mail and packages for a fee. In this regard, the hotel is liable only in accordance with the provisions of Section 7.1, sentences 1 through 4, above.

8 FINAL PROVISIONS

8.1 Amendments and additions to the contract, the acceptance of the reservation, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions are invalid.

8.2 The place of performance and payment, as well as the exclusive venue—including for disputes involving checks and bills of exchange—in commercial transactions is Freiburg. If the customer meets the requirements of § 38(2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, Freiburg shall be the place of jurisdiction.

8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

8.4 In accordance with its legal obligation, the hotel notes 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 boards.

Effective: June 12, 2019

Dear Guests,

The City of Freiburg levies a lodging tax of 5% (plus 7% VAT) of the net lodging amount.

If you have any questions about the lodging tax in Freiburg, please contact our staff.

Further information is also available from the City of Freiburg
City Treasury
Tax Department
Fahnenbergplatz
79098 Freiburg
Phone: 0761 – 201 5162 or 0761 – 201 5161

We apologize for the additional inconvenience imposed by the City of Freiburg and thank you for your support.

Your Colombi Hotel