LIABILITY OF THE HOTEL. 1. The hotel shall be liable with the diligence of a prudent businessman for its obligations under the contract. Claims for damages on the part of the customer shall be excluded. Exceptions to this are damages resulting from injury to life, body or health resulting from a breach of duty for which the hotel is responsible, other damages based on an intentional or grossly negligent breach of duty by the hotel as well as damages arising from an intentional or negligent breach of typical contractual duties on the part of the hotel. A breach of duty on the part of the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or deficiencies in the hotel's services occur, the hotel shall endeavor to provide remedy upon becoming aware of them or upon prompt notification by the customer. The customer is obliged to do his utmost to remedy the situation and to keep potential damage to a minimum. 2. The hotel is liable to the customer for items brought into the hotel according to the statutory provisions (up to one hundred times the room price, a maximum of €3,500, and up to €800 for money, securities and valuables). Money, securities and valuables can be stored in the hotel or room safe up to a maximum value of € (insert amount of insurance coverage provided by the hotel). The hotel recommends making use of this option. Any liability claims shall expire unless the customer notifies the hotel immediately after obtaining knowledge of loss, destruction or damage (Section 703 BGB). For any further liability on the part of the hotel, the above Clause I Sentences 2 to 4 shall apply mutatis mutandis. 3. If the customer is provided with a parking space in the hotel garage or in a hotel parking facility, even for a fee, this shall not constitute a custody contract. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall not be liable, except in cases of willful misconduct or gross negligence. The above Clause I Sentences 2 to 4 shall apply mutatis mutandis. 4. Wake-up requests are carried out by the hotel with the utmost diligence. Messages, mail and deliveries for guests are handled with the greatest care. The hotel takes over the delivery, storage and — upon request — the forwarding of the same for a fee. The above Clause I Sentences 2 to 4 shall apply mutatis mutandis.
Appears in 3 contracts
Samples: Hotel Accommodation Agreement, Hotel Accommodation Agreement, Hotel Accommodation Agreement
LIABILITY OF THE HOTEL. 1. The hotel shall be is liable with for the diligence performance of a prudent businessman for its obligations under arising from the contract. Claims for damages on the part of the customer shall be excluded. Exceptions to this for reimbursement of damages are damages resulting precluded except for such which result from death, injury to life, body or health resulting from a breach of duty for which and the hotel is responsibleresponsible for the breach of the obligation, other damages based on damage which is caused by an intentional or grossly negligent breach of duty obligation, other damage which is caused by the hotel as well as damages arising from an intentional or negligent breach reach of typical contractual duties on the part obligations of the hotelhotel which are typical for the contract. A breach of duty on the part obligation of the hotel is deemed to be the equivalent to that a breach of a legal statutory representative or vicarious agent. Should disruptions or deficiencies defects in the hotel's services performance of the hotel occur, the hotel shall endeavor act to provide remedy such upon becoming aware of them knowledge thereof or upon prompt notification objection by the customercustomer made without undue delay. The customer is shall be obliged to do his utmost undertake actions reasonable for him to remedy eliminate the situation disruption and to keep potential any possible damage to a minimumaminimum.
2. The hotel is liable to the customer for items property brought into the hotel according to in accordance with the statutory provisions (up provisions. Accordingly, the liability is limited to one hundred times the room pricerate but, however, a maximum amount of €3,500€ 3,500.00 and, and up to €800 in deviation, for moneycash, securities and valuables), a maximum amount up to € 800,00. MoneyCash, securities and valuables can up to a maximum value of € 500.00 may be stored in the hotel or room safe up to a maximum value of € (insert amount of insurance coverage provided by the hotel)safe. The hotel recommends making that guests make use of this option. Any liability claims shall expire unless the customer notifies the hotel immediately after obtaining knowledge of loss, destruction or damage (Section 703 BGB). For any further liability on the part of the hotel, the above Clause I Sentences 2 to 4 shall apply mutatis mutandispossibility.
3. If the customer is provided with Insofar as a parking space is provided to the customer in the hotel garage garage, if available, or in a hotel parking facility, even for a feelot, this shall does not constitute a custody contractsafekeeping agreement, even if a fee is exchanged. In the event of The hotel assumes no liability for loss of or damage to motor vehicles parked or maneuvered on the hotel hotel’s property and their contents, the hotel shall not be liablecontents thereof, except in for cases of willful misconduct intent or gross negligence. The above Clause I Sentences For the preclusion of damage claims of the customer, the regulation of the above-mentioned No. 1, sentences 2 to 4 supra shall apply mutatis mutandisrespectively.
4. Wake-up requests calls are carried out by the hotel with the utmost greatest possible diligence. Messages, mail and merchandise deliveries for guests are shall be handled with the greatest care. The hotel takes over the deliverywill deliver, storage and — upon request — the forwarding of the same hold, and, for a fee, forward such items (on request). The above Clause I Sentences For the preclusion of damage claims of the customer, the regulation of the above-mentioned No. 1, sentences 2 to 4 supra shall apply mutatis mutandisrespectively.
Appears in 2 contracts
Samples: Hotel Accommodation Contract, General Terms and Conditions for Hotel Accommodation Contract
LIABILITY OF THE HOTEL. 1. In principle, the Hotel is only liable to the Guest for wilful or grossly negligent damage inflicted on the latter, which has occurred as a direct consequence of the Hotel's failure to fulfil its contractual obligations or of materially inadequate performance. In any case, the sum of the damages is limited to a maximum of the cost of the stay booked by the guest or actually paid upon their departure (excl. VAT and cash payments).
2. In the event of disruption to or a lack of Hotel services, the Hotel will make every effort to remedy the situation upon knowledge thereof or upon receiving a timely complaint from the Guest. The hotel Guest shall be make every reasonable effort to remedy the disruption and to minimise possible damage, and shall inform the Hotel immediately of all disruption or damage.
3. In the event of the loss or damage of items brought onto the premises, the Hotel is likewise only liable with for wilful intent and gross negligence. If the diligence Hotel is liable for third parties, it is likewise only liable in the event of a prudent businessman for its obligations under the contract. Claims for damages gross negligence on the part of the customer shall be excludedthird party; the Hotel’s liability is excluded if the third party intentionally causes loss or damage.
4. Exceptions to this are damages resulting from injury to life, body or health resulting from a breach of duty for which the hotel is responsible, other damages based on an intentional or grossly negligent breach of duty by the hotel as well as damages arising from an intentional or negligent breach of typical contractual duties on the part The liability of the hotel. A breach of duty on Hotel is expressly limited to the part sum of the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or deficiencies Hotel’s liability insurance coverage, particularly also in the hotel's services occur, the hotel shall endeavor to provide remedy upon becoming aware case of them or upon prompt notification by the customerthird-party and consequential losses. The customer Any further liability is obliged to do his utmost to remedy the situation expressly waived. Liability for valuables and to keep potential damage to a minimum.
2. The hotel cash is liable to the customer for items brought into the hotel according to the statutory provisions (up to one hundred times only accepted if these are kept in the room pricesafe or were surrendered to reception in return for a receipt. In such cases, a maximum of €3,500, and up to €800 for money, securities and valuables). Money, securities and valuables can be stored in the hotel or room safe up liability is limited to a maximum value sum of € (insert amount of insurance coverage provided by the hotel)CHF 2,000.00 per claim. The hotel recommends making use Hotel is not liable for loss or damage that arises as a result of this optionforce majeure.
5. Any All liability claims shall expire unless will be forfeited without compensation if the customer notifies Guest fails to immediately inform the hotel immediately after Hotel in writing upon obtaining knowledge of loss, destruction or damage (Section 703 BGB). For any further liability on the part of the hotel, the above Clause I Sentences 2 to 4 shall apply mutatis mutandisdamage.
3. If the customer is provided with a parking space in the hotel garage or in a hotel parking facility, even for a fee, this shall not constitute a custody contract6. In the event absence of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall not be liable, except in cases of willful misconduct wilful intent or gross negligence. The above Clause I Sentences 2 to 4 shall apply mutatis mutandis, the Hotel is not liable for the loss or damage of the Guest’s parked or manoeuvred vehicles and their contents on the Hotel grounds.
4. Wake-up requests are carried out by the hotel with the utmost diligence7. Messages, mail and deliveries goods shipments for guests are the Guest will always be handled with the greatest care. The hotel takes over Hotel shall undertake the delivery, storage safekeeping and — upon request — the – if requested and for a fee – forwarding of the same such items. Claims for a fee. The above Clause I Sentences 2 to 4 shall apply mutatis mutandisdamages not involving wilful intent or gross negligence, as well as third-party and consequential losses, are excluded.
Appears in 1 contract
Samples: Accommodation Agreement
LIABILITY OF THE HOTEL. 1. 8.1 The hotel shall be is liable with the diligence of a prudent businessman for its obligations under the contract. Claims for damages harm inflicted on the part of the customer shall be excluded. Exceptions to this are damages resulting from injury to life, body limb and physical health. Further it is liable for other damage caused with full intent or health resulting from a breach of duty for which the hotel is responsible, other damages based on an gross negligence or due to intentional or grossly negligent breach violation of duty by obligations typical for the hotel as well as damages arising from an intentional or negligent breach of typical contractual duties on the part of the hotelcontract. A breach of duty on the part obligation of the hotel is deemed to be the equivalent to that a breach of a legal statutory representative or vicarious agent. All other claims for damages are excluded, if not determined differently in this No. 8. Should disruptions or deficiencies defects in the hotel's services performance of the hotel occur, the hotel shall endeavor act to provide remedy such upon becoming aware of them knowledge thereof or upon prompt notification objection by the customercustomer made without undue delay. The customer is shall be obliged to do his utmost undertake actions reasonable for him to remedy eliminate the situation disruption and to keep potential any possible damage to a minimum.
2. 8.2 The hotel is liable to the customer for items property brought into the hotel according to in accordance with the statutory provisions (provisions. It recommends the use of the hotel or room safe. If the guest wishes to bring with him money, securities, stocks, bonds or valuables with a value of more than € 800 or other things with a value of more than € 2,500 may be stored in room safe. Valuables worth up to one hundred times the room price, a maximum of €3,500, and up to €800 for money, securities and valuables). Money, securities and valuables € 10,000 can be stored in the armored hotel or room safe up to a maximum value of € (insert amount of insurance coverage provided by the hotel)safe. The hotel recommends making use of this option. Any liability claims shall expire unless the customer notifies the hotel immediately these facilities, because only in safe custody valuables in above-mentioned Liability limit are insured and a claim after obtaining knowledge of loss, destruction or damage (Section 703 BGB). For any further liability on the part of the hotel, the above Clause I Sentences 2 to 4 shall apply mutatis mutandisprevious examination can be asserted.
3. If the customer is provided with 8.3 Insofar as a parking space is provided to the customer in the hotel garage or in a hotel parking facility, even for a feelot, this shall does not constitute a custody contractsafekeeping agreement, even if a fee is exchanged. In the event of The hotel only assumes liability for loss of or damage to motor vehicles parked or maneuvered on the hotel hotel’s property and their contentsthe contents thereof only pursuant to the preceding No. 7.1, the hotel shall not be liable, except in cases of willful misconduct or gross negligence. The above Clause I Sentences 2 sentences 1 to 4 shall apply mutatis mutandis4.
4. 8.4 Wake-up requests calls are carried out by the hotel with the utmost greatest possible diligence. Messages, mail mail, and merchandise deliveries for guests are shall be handled with the greatest care. The hotel takes over the deliverywill deliver, storage and — upon request — the forwarding of the same hold, and, for a fee, forward such items (on request). The above Clause I Sentences 2 hotel only assumes liability according to 4 shall apply mutatis mutandisthe preceding No. 8, sentences 1 to 4.
Appears in 1 contract
Samples: Hotel Accommodation Contract
LIABILITY OF THE HOTEL. 1. The hotel shall be liable undertakes to fulfil its contractual obligations with the due diligence of a prudent businessman for its obligations under merchant in the contract. Claims for case of wilful intent, malice, gross negligence, the absence of guaranteed quality, as well as damages on the part of the customer shall be excluded. Exceptions to this are damages it has caused resulting from injury to life, body or health resulting from a breach according to the statutory regulations. In the case of duty for which slight negligence the hotel is responsibleshall only be liable if it has violated an essential contractual obligation (cardinal obligation or essential secondary obligation) or in the case of impossibility or delay. In the case of the slightly negligent violation of a car- dinal obligation or essential secondary obligations, other impossibility due to slight negligence or delay due to slight negligence, liabil- ity shall be limited to typical and foreseeable damage. Liability for indirect or consequential damages based on an intentional or grossly shall be excluded in the case of slightly negligent breach behaviour. Any violation of duty by the hotel as well as damages arising from an intentional or negligent breach of typical contractual duties on the part of the hotel. A breach of duty on the part of the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions Additional damage claims are excluded, unless other- wise specified in section 9. If failures or deficiencies defects in the hotel's ’s services occurarise, the hotel shall endeavor endeavour to provide remedy them upon becoming aware of them its taking notice or upon prompt notification by the customerimmediate complaint of the client. The customer client shall contribute, within reason, to remedying the fail- ure and to keeping potential damage low. Moreover, the client is obliged to do his utmost to remedy inform the situation and to keep potential hotel in good time about the possibility of an unusually high damage to a minimumoccurring.
2. The hotel Insofar as a parking space is liable made available to the customer for items brought into client in the hotel’s garage or on a parking lot owned by the hotel according to the statutory provisions (up to one hundred times the room price, – even against a maximum of €3,500, and up to €800 for money, securities and valuables)fee – this does not constitute a safekeeping agree- ment. Money, securities and valuables can be stored in the hotel or room safe up to a maximum value of € (insert amount of insurance coverage provided by the hotel). The hotel recommends making use of this option. Any liability claims shall expire unless the customer notifies the hotel immediately after obtaining knowledge of loss, destruction or damage (Section 703 BGB). For any further liability If motor vehicles that are parked on the part premises of the hotel, or their contents are lost or damaged, the above Clause I Sentences 2 to 4 hotel is not lia- ble unless this was caused through premeditation or gross neg- ligence. Aforementioned subsection 1 shall apply mutatis mutandiscorrespond- ingly.
3. If the customer is provided with a parking space in the hotel garage or in a hotel parking facility, even for a fee, this shall not constitute a custody contract. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall not be liable, except in cases of willful misconduct or gross negligence. The above Clause I Sentences 2 to 4 shall apply mutatis mutandis.
4. Wake-up requests are carried out by the hotel with the utmost diligence. Messages, mail and deliveries consignments of goods for guests are handled treated with the greatest care. The hotel takes will take over the delivery, storage and — upon – on request — and against a fee – the forwarding of same. After a retention period of at least three months, the same for a hotel is en- titled to hand over the above mentioned items to the local lost property office, and can charge an appropriate fee. The above Clause I Sentences 2 Insofar as the items have no recognizable value, the hotel reserves the right to 4 destroy them on expiry of the three month period. Com- pensation claims not based on wilful intent or gross negligence are excluded. Aforementioned subsection 1 shall apply mutatis mutandisaccord- ingly.
Appears in 1 contract
LIABILITY OF THE HOTEL. 1. The hotel shall be is liable with for the diligence performance of a prudent businessman for its obligations under obliga- tions arising from the contract. Claims for damages on the part of the customer shall be excluded. Exceptions to this cus- tomer for reimbursement of damages are damages resulting precluded except for such which result from death, injury to life, body or health resulting from a breach of duty for which and the hotel is responsibleresponsible for the breach of the obligation, other damages based on damage which is caused by an intentional or grossly negligent breach of duty by the hotel as well as damages arising obligation and damage which is caused from an intentional or negligent breach of typical contractual duties on the part obligations of the hotelhotel which are typical for the contract. A breach of duty on the part obligation of the hotel is deemed to be the equivalent to that a breach of a legal statutory representative or vicarious agent. Should disruptions or deficiencies defects in the hotel's services perfor- xxxxx of the hotel occur, the hotel shall endeavor act to provide remedy rem- edy such upon becoming aware of them knowledge thereof or upon prompt notification objection by the customercustomer made without undue delay. The customer is cus- tomer shall be obliged to do his utmost undertake actions reasonable for him to remedy eliminate the situation disruption and to keep potential any possible damage to a minimum.
2. The hotel is liable to the customer for items property brought into the hotel according to in accordance with the statutory provisions (up to statu- tory provisions. Accordingly, the liability is limited to, one hundred times the room pricerate but, however, a maximum amount of €3,500€ 3,500.00 and, and up to €800 in deviation, for moneycash, securities and valuables), a maximum amount up to € 800.00. MoneyCash, securities and valuables can be stored in the hotel or room safe up to a maximum value of € (insert amount of insurance coverage provided by 5,000.00 may be stored in the hotel)hotel safe or room safe. The hotel recommends making that guests make use of this option. Any liability claims shall expire unless the customer notifies the hotel immediately after obtaining knowledge of loss, destruction or damage (Section 703 BGB). For any further liability on the part of the hotel, the above Clause I Sentences 2 to 4 shall apply mutatis mutandispossibility.
3. If the customer is provided with Insofar as a parking space is provided to the cus- tomer in the hotel garage or in a hotel parking facility, even for a feelot, this shall does not constitute a custody contractsafekeeping agreement, even if a fee is exchanged. In the event of The hotel assumes no liability for loss of or damage to motor vehicles parked or maneuvered on the hotel hotel’s property and their contentsthe contents thereof, except for cases of intent or gross negli- gence. For the preclusion of damage claims of the customer, the hotel shall not be liableregulation of the above-mentioned No. 1, except in cases of willful misconduct or gross negligence. The above Clause I Sentences sentences 2 to 4 supra shall apply mutatis mutandisrespectively.
4. Wake-up requests calls are carried out by the hotel with the utmost greatest possible diligence. Messages, mail mail, and merchandise deliveries for guests are shall be handled with the greatest care. The hotel takes over the deliverywill deliver, storage and — upon request — the forwarding of the same hold, and, for a fee, forward such items (on request). The above Clause I Sentences For the preclusion of damage claims of the customer, the regulation of the above-mentioned No. 1, sentences 2 to 4 supra shall apply mutatis mutandisrespectively. VIII. Alternative Dispute Resolution according to Art. 14 para.1 ODR-Regulation and § 36 VSBG The EU's ODR platform for out-of-court online dis- pute resolution can be accessed at the following link: xxxx://xx.xxxxxx.xx/consumers/odr/ Our email address is:xxxxx@xxxxxxxxxxxxxxxxx.xx. We are not obligated to participate in a dispute re- solution procedure before a consumer arbitration board and are generally not prepared to do so.
Appears in 1 contract
Samples: Hotel Accommodation Contract
LIABILITY OF THE HOTEL. 1. 7.1 The hotel shall be is liable with the diligence of a prudent businessman for its obligations under the contract. Claims for damages on the part of the customer shall be excluded. Exceptions to this are damages resulting from injury to life, body or health resulting from a breach of duty for which the hotel it is responsible. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel as well as damages arising from or on an intentional or negligent breach of duties typical contractual duties on for the part of contract by the hotel. A breach of duty on the part of by the hotel is equivalent to that a breach of duty by a legal representative or vicarious agent. Should Further claims for damages are excluded, unless otherwise provided for in this clause 7. In the event of disruptions or deficiencies in the hotel's services occurservices, the hotel shall endeavor to provide remedy such upon becoming aware of them knowledge thereof or upon prompt notification immediate complaint by the customer. The customer is obliged obligated to do his utmost contribute what is reasonable to him in order to remedy the situation disruption and to keep potential any possible damage to a minimum.
2. 7.2 The hotel is liable to the customer for brought-in items brought into in accordance with the statutory provisions. The hotel recommends the use of the hotel according or room safe. If the guest wishes to the statutory provisions (up to one hundred times the room price, a maximum of €3,500, and up to €800 for bring in money, securities and valuables). Money, securities and valuables can be stored in the hotel or room safe up to with a maximum value of more than 800 € (insert amount or other items with a value of insurance coverage provided by more than 3,500 €, this requires a separate storage agreement with the hotel). The hotel recommends making use of this option. Any liability claims shall expire unless the customer notifies the hotel immediately after obtaining knowledge of loss, destruction or damage (Section 703 BGB). For any further liability on the part of the hotel, the above Clause I Sentences 2 to 4 shall apply mutatis mutandis.
3. If the customer is provided with 7.3 Insofar as a parking space is made available to the customer in the hotel garage or in a the hotel parking facilitylot, even for a fee, this shall not constitute a custody safekeeping contract. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel hotel's property and their contents, the hotel shall not be liableliable only in accordance with the above Section 7.1, except in cases of willful misconduct or gross negligence. The above Clause I Sentences 2 sentences 1 to 4 shall apply mutatis mutandis4.
4. 7.4 Wake-up requests calls are carried out by the hotel with the utmost diligencecare. Messages, mail and deliveries merchandise shipments for the guests are handled with the greatest care. The hotel takes over shall undertake the delivery, storage safekeeping and — - upon request — the - forwarding of the same for a feeagainst payment. The hotel shall only be liable in this respect in accordance with the above Clause I Sentences 2 Section 7.1, sentences 1 to 4 shall apply mutatis mutandis4.
Appears in 1 contract
Samples: Hotel Accommodation Contract
LIABILITY OF THE HOTEL. 1. The hotel shall be is liable with for the diligence performance of a prudent businessman for its obligations under arising from the contract. Claims for damages on the part of the customer shall be excluded. Exceptions to this for reimbursement of damages are damages resulting precluded except for such which result from death, injury to life, body or health resulting from a breach of duty for which and the hotel is responsibleresponsible for the breach of the obligation, other damages based on damage which is caused by an intentional or grossly negligent breach of duty by the hotel as well as damages arising obligation and damage which is caused from an intentional or negligent breach of typical contractual duties on the part obligations of the hotelhotel which are typical for the contract. A breach of duty on the part obligation of the hotel is deemed to be the equivalent to that a breach of a legal statutory representative or vicarious agent. Should disruptions or deficiencies defects in the hotel's services performance of the hotel occur, the hotel shall endeavor act to provide remedy such upon becoming aware of them knowledge thereof or upon prompt notification objection by the customercustomer made without undue delay. The customer is shall be obliged to do his utmost undertake actions reasonable for him to remedy eliminate the situation disruption and to keep potential any possible damage to a minimum.
2. The hotel is liable to the customer for items property brought into the hotel according to in accordance with the statutory provisions (up to provisions. Accordingly, the liability is limited to, one hundred times the room pricerate but, however, a maximum amount of €3,500€ 3,500.00 and, and up to €800 in deviation, for moneycash, securities and valuables). Money, securities and valuables can be stored in the hotel or room safe a maximum amount up to a maximum value of € (insert amount of insurance coverage provided by the hotel). The hotel recommends making use of this option. Any liability claims shall expire unless the customer notifies the hotel immediately after obtaining knowledge of loss, destruction or damage (Section 703 BGB). For any further liability on the part of the hotel, the above Clause I Sentences 2 to 4 shall apply mutatis mutandis800.00.
3. If the customer is provided with Insofar as a parking space is provided to the customer in the hotel garage or in a hotel parking facility, even for a feelot, this shall does not constitute a custody contractsafekeeping agreement, even if a fee is exchanged. In the event of The hotel assumes no liability for loss of or damage to motor vehicles parked or maneuvered manoeuvred on the hotel hotel’s property and their contents, the hotel shall not be liablecontents thereof, except in for cases of willful misconduct intent or gross negligence. The above Clause I Sentences For the preclusion of damage claims of the customer, the regulation of the above-mentioned No. 1, sentences 2 to 4 supra shall apply mutatis mutandisrespectively.
4. Wake-up requests calls are carried out by the hotel with the utmost greatest possible diligence. Messages, mail mail, and merchandise deliveries for guests are shall be handled with the greatest care. The hotel takes over the deliverywill deliver, storage and — upon request — the forwarding of the same hold, and, for a fee, forward such items (on request). The above Clause I Sentences For the preclusion of damage claims of the customer, the regulation of the above-mentioned No. 1, sentences 2 to 4 supra shall apply mutatis mutandisrespectively.
Appears in 1 contract
Samples: Hotel Accommodation Contract
LIABILITY OF THE HOTEL. 1. The hotel shall be liable with the diligence of a prudent businessman for its obligations under the contractcontract with the due care of a prudent businessman. Claims for damages on the part of the customer shall be for damages are excluded. Exceptions to Excluded from this are damages resulting from injury to life, body or health resulting from a if the hotel is responsible for the breach of duty for which the hotel is responsible, and other damages based on an intentional or grossly negligent breach of duty by the hotel as well as damages arising from an intentional or negligent breach of typical contractual duties on the part of the hotel. A breach In the event of duty on the part of the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or deficiencies defects in the hotel's services occurservices, the hotel shall endeavor endeavour to provide remedy such upon becoming aware of them or upon prompt notification by the customer's immediate complaint. The customer is obliged obligated to do his utmost contribute what is reasonable to him in order to remedy the situation disruption and to keep potential damage to a minimumminimise any possible damage.
2. The hotel is shall be liable to the customer for items brought into the hotel according to in accordance with the statutory provisions (provisions, i.e. up to one hundred times the room pricerate, up to a maximum of €3,500, and up to €800 € 3,500.00 for money, securities and valuables). Money, securities and valuables can be stored in the hotel or room safe up to a maximum value of € (insert amount of insurance coverage provided by 800.00. the hotel). The hotel recommends making use of this option. Any liability claims shall expire lapse unless the customer notifies the hotel immediately after obtaining knowledge becoming aware of the loss, destruction or damage (Section section 703 BGBof the German Civil Code). For any further liability on Liability shall only exist if the part of rooms have been locked and items have been stored in the hotel, the above Clause I Sentences 2 to 4 shall apply mutatis mutandislocked room safe.
3. If Any items left behind by the customer is provided with will only be forwarded at the customer's request, risk and expense. The hotel shall keep the items for 4 months and charge a reasonable fee for this if necessary.
4. Insofar as a parking space is made available to the client in the hotel garage or in a the hotel parking facilitycar park, even for a fee, this shall not constitute a custody safekeeping contract. In The hotel shall not be liable for the event of loss of or damage to motor vehicles parked or maneuvered manoeuvred on the hotel hotel's property and or their contents, the hotel shall not be liable, except in cases the case of willful misconduct intent or gross negligence. The above Clause I Sentences 2 to 4 shall apply mutatis mutandis.
45. Wake-up requests calls are carried out by the hotel with the utmost diligencecare. No liability shall be assumed. Messages, mail and deliveries consignments of goods for the guests are will be handled with the greatest care. No liability shall be assumed.
6. The hotel takes over shall only be liable in the deliveryevent of intent or gross negligence. Safekeeping requires express agreement. Offsetting, storage and — upon request — reduction or retention shall only be permissible for the forwarding customer in the case of undisputed counterclaims or counterclaims that have been established by a court of law.
7. In the same event of force majeure (fire, strike or similar) or other impediments or impairing circumstances for a fee. The above Clause I Sentences 2 which the hotel is not responsible (e.g. risk to 4 shall apply mutatis mutandisreputation), in particular those outside the hotel's sphere of influence, the hotel reserves the right to withdraw from the contract without the customer being entitled to any claim, e.g. for damages.
Appears in 1 contract
Samples: Hotel Accommodation Contract
LIABILITY OF THE HOTEL. 1. The hotel shall be is liable with the diligence of a prudent businessman for its obligations under the contract. Claims for damages on the part of the customer shall be excluded. Exceptions to this are damages resulting for which it is responsible arising from injury to life, body limb or health resulting from a breach of duty health. Furthermore, it is liable for which the hotel is responsible, other damages based on an intentional or grossly negligent breach of duty by the hotel as well as and for damages arising from based on an intentional or negligent breach of typical contractual duties on the part obligations of the hotel. Typical contractual obligations 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 on and may rely. A breach of duty on the part of by the hotel is equivalent to that a breach of duty by a legal representative or vicarious agent. Should Further claims for damages are excluded, unless otherwise provided for in this Section VII. In the event of disruptions or deficiencies in the hotel's services occurservices, the hotel shall endeavor to provide remedy such upon becoming aware of them knowledge thereof or upon prompt notification immediate complaint by the customer. The customer is obliged obligated to do his utmost contribute what is reasonable to him in order to remedy the situation disruption and to keep potential any possible damage to a minimum.
2. The hotel is shall be liable to the customer for items brought into the hotel according to in accordance with the statutory provisions (up provisions. Accordingly, the liability is limited to one hundred times the room pricerate, a maximum of €3,500, but not more than € 3,500 - and up to €800 differently for money, securities and valuables)valuables not more than € 800. Money, securities and valuables can be stored in the hotel or room safe up to a maximum value of € (insert amount of insurance coverage provided by the hotel)5,000. The hotel recommends making use of this option. Any liability claims shall expire unless the customer notifies the hotel immediately after obtaining knowledge of loss, destruction or damage (Section 703 BGB). For any further liability on the part of the hotel, the above Clause I Sentences 2 to 4 shall apply mutatis mutandispossibility.
3. If the customer is provided with Insofar as a parking space is made available to the customer in the hotel garage or in a hotel parking facilitylot, even for a fee, this shall does not constitute a custody safekeeping contract. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall not be liableis liable only in accordance with the above number 1, except in cases of willful misconduct or gross negligencesentences 1 to 5. The above Clause I Sentences 2 customer is advised that access to 4 shall apply mutatis mutandis.the hotel garage is only possible with vehicles that do not exceed a height of 2m.
4. Wake-up requests calls are carried out by the hotel with the utmost diligencecare. Messages, mail and deliveries merchandise shipments for the guests are handled with the greatest care. The hotel takes can, after prior consultation with the customer, take over the delivery, storage and — - upon request — - the forwarding of the same for a feeagainst payment. The hotel is liable only in accordance with the above Clause I Sentences 2 number 1, sentences 1 to 4 shall apply mutatis mutandis5 accordingly.
Appears in 1 contract
Samples: Hotel Accommodation Contract
LIABILITY OF THE HOTEL. 1. All items and materials left either in publicly accessible rooms of the hotel, in its technical installations and the convention halls of the hotel shall be considered as not having been present unless they were taken into custody by an authorized member of the hotel staff. Valuables such as jewelry, fur coats and money have to be deposited at the front desk. In addition a separet contract for safe- keeping has to be drawn up with an authorized member of the hotel staff. The hotel shall not take on any responsibility for any valuables not deposited in this way. Liability shall only be accepted for those items and materials kept in the room that have been brought in by the beneficiary of the contract of accomodation.
2. The hotel shall be liable to the customer for property brought in to the hotel in accordance with the diligence statutory provisions as laid down in §§ 701 ff. of a prudent businessman for its obligations under the contractGerman Civil Code (BGB). Claims for damages on Cash, securities and valuables may be stored in the part hotel safe. The hotel recommends that guests make use of this possibility. All liability claims shall expire unless the customer shall notify the hotel immediately after having gained knowledge of the loss, destruction or damage (§ 703 German Civil Code, BGB).
3. Strict liability regardless of fault by the hotel shall be excludedexpressly ruled out according to § 536 section a of the German Civil Code (BGB.)
4. Exceptions The hotel shall only be liable for a loss of assets and property if the hotel can be held accountable for a deliberate or grossly negligent breach of duty. By way of derogation the hotel shall be liable for reimbursement of loss of assets and property even in case of simple or slight negligence provided that the hotel is responsible for the breach of the obligation; in this instance the compensation for the damage and liability for damages shall be limited in its amount to this are damages resulting the foreseeable damage typically incurred under the accomodation contract.
5. This limitation of liability as stated above shall aplly to all compensation claims regardless of their legal basis.
6. All claims filed against the hotel shall be categorically statutory limited to one year from injury the date of commencement of the legal statutory limitation unless there is no earlier limitation period specified by law. Compensation claims shall be statutory limited to five years independent of the knowledge thereof provided that they were not caused by harm to life, body limb, the health or health resulting from a breach freedom of duty the customer. These compensation claims independent of the knowledge thereof shall be statutory limited according to law. The reduction of the statute of limitations period shall not apply for which the hotel is responsible, other damages claims based on an intentional or grossly negligent breach of duty by the hotel as well as damages arising from an intentional or negligent breach of typical contractual duties on the part of the hotel. A breach of duty on the part of the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or deficiencies in the hotel's services occur, the hotel shall endeavor to provide remedy upon becoming aware of them or upon prompt notification by the customer. The customer is obliged to do his utmost to remedy the situation and to keep potential damage to a minimum.
2. The hotel is liable to the customer for items brought into the hotel according to the statutory provisions (up to one hundred times the room price, a maximum of €3,500, and up to €800 for money, securities and valuables). Money, securities and valuables can be stored in the hotel or room safe up to a maximum value of € (insert amount of insurance coverage provided by the hotel). The hotel recommends making use of this option. Any liability claims shall expire unless the customer notifies the hotel immediately after obtaining knowledge of loss, destruction or damage (Section 703 BGB). For any further liability on the part of the hotel, the above Clause I Sentences 2 to 4 shall apply mutatis mutandis.
3. If the customer is provided with a parking space in the hotel garage or in a hotel parking facility, even for a fee, this shall not constitute a custody contract. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall not be liable, except in cases of willful misconduct or gross negligence. The above Clause I Sentences 2 to 4 shall apply mutatis mutandis.
4. Wake-up requests are carried out by the hotel with the utmost diligence. Messages, mail and deliveries for guests are handled with the greatest care. The hotel takes over the delivery, storage and — upon request — the forwarding of the same for a fee. The above Clause I Sentences 2 to 4 shall apply mutatis mutandis.
Appears in 1 contract
Samples: Hotel Accommodation Contract
LIABILITY OF THE HOTEL. 1. 7.1 The hotel Hotel shall be liable with the diligence of a prudent businessman for its obligations under the contract. Claims for damages on the part of the customer shall be excluded. Exceptions to this are damages resulting caused by it from injury to life, body or health resulting from a breach of duty health. In addition, it shall be liable for which the hotel is responsible, other damages that are based on an the intentional or grossly negligent breach of duty by the hotel as well as damages arising from Hotel or an intentional or gross negligent breach of the Hotel’s duties that are typical contractual duties on for the part contract. Duties typical for the contract are such duties, which permit the correct performance of the hotelAccommodation Agreement in the first place and upon the fulfilment of which the Customer relies and may rightly rely. A breach of duty on by the part of the hotel Hotel is equivalent held equal to that of a breach by a legal representative or vicarious agent. Should Further damage compensation claims are excluded, unless this Section 7 provides otherwise. If disruptions or deficiencies defects in the hotel's Hotel’s services should occur, the hotel Hotel shall endeavor to provide remedy work toward remedying the situation upon becoming aware of them its taking notice thereof or upon prompt notification the immediate complaint by the customerCustomer. The customer Customer is obliged obligated to do his utmost contribute within reasonable limits to remedy remedying the situation disruption and to keep keeping potential damage to at a minimum.
2. 7.2 The hotel is Hotel shall be liable to the customer Customer for any items brought into to the hotel according Hotel pursuant to the statutory provisions (up provisions. The Hotel recommends using the hotel or room safe. Liability shall cease to one hundred times apply if the room price, a maximum Customer does not report the damage to the Hotel immediately upon taking notice of €3,500, and up it. If the Customer wishes to €800 for bring money, securities and valuables). Moneyvaluables with a value EUR 800.00 or more or other items worth more than EUR 3,500.00 to the Hotel, securities and valuables can be stored in this requires a separate agreement on their retention with the hotel or room safe up to a maximum value of € (insert amount of insurance coverage provided by the hotel). The hotel recommends making use of this option. Any liability claims shall expire unless the customer notifies the hotel immediately after obtaining knowledge of loss, destruction or damage (Section 703 BGB). For any further liability on the part of the hotel, the above Clause I Sentences 2 to 4 shall apply mutatis mutandisHotel.
3. 7.3 If the customer Customer is provided with assigned a parking space in the hotel Hotel garage or in a hotel on the Hotel parking facilitylot, even if this is done against payment, no contract for a fee, this shall not constitute a custody contractretention will be established thereby. In the event of loss of or damage to If motor vehicles parked or maneuvered navigated on the hotel property and Hotel premises or if their contentscontents are lost or damaged, the hotel Hotel shall not be liable, except liable only in cases of willful misconduct or gross negligence. The above Clause I Sentences 2 accordance with the foregoing Section 7.1 clauses 1 to 4 shall apply mutatis mutandis4.
4. Wake7.4 Requests for wake-up requests are carried out calls will be treated carefully by the hotel with the utmost diligenceHotel. Messages, mail and deliveries shipments of goods for the guests are handled will be treated with the greatest care. The hotel takes over Hotel will see to the delivery, storage and — upon request — the – if requested – forwarding of the same for a feesame. The above Clause I Sentences 2 Hotel shall be liable for violations of this Section 7.4 only in accordance with the foregoing Section 7.1 clauses 1 to 4 4.
7.5 The Hotel has the right to transfer items that have been brought to the Hotel to the local lost and found office one month after the end of the Customer’s stay, if the Customer has not collected the items brought to the Hotel, in spite of a corresponding request, wherein an appropriate deadline is set, and if forwarding is not possible either. The costs incurred for taking the items to the lost and found office or the forwarding shall apply mutatis mutandisbe borne by the Customer.
Appears in 1 contract
Samples: Accommodation Agreement