1. Scope of Application

1. These General Terms and Conditions apply to contracts for the rental provision of hotel rooms for accommodation purposes as well as to all other services and deliveries provided by Emmerich Hotel, proprietor Christian Weise, Untermarkt 1, 02826 Görlitz, Germany, to the guest, customer or contractual partner.
2. Deviating, conflicting or supplementary terms and conditions of the guest or contractual partner shall only become part of the contract if the hotel has expressly agreed to their validity in text form.
3. The subletting or further letting of rooms provided, the use of rooms for purposes other than accommodation, as well as the public invitation to or execution of photo, video, sales, interview or other commercial events require the hotel’s prior consent in text form.
4. Where services are booked via booking portals, travel agents or other third parties, the terms and conditions validly included there shall apply in addition. In the event of contradictions, individually agreed provisions and the specific booking confirmation shall take precedence over these General Terms and Conditions.

2. Conclusion of Contract and Contractual Partners

1. The contract is concluded as soon as the hotel accepts the guest’s booking request. Acceptance may take place in particular by booking confirmation, provision of the room, acceptance of an advance payment or an express declaration in text form.
2. The contractual partners are the hotel and the guest or customer. If a third party books on behalf of the guest, that third party shall be liable alongside the guest for all obligations arising from the contract, provided that the booking was made in its own name or with corresponding authority of representation.
3. Group bookings, room allotments, arrangements, events or special agreements require separate confirmation by the hotel. Verbal side agreements are only binding if confirmed by the hotel in text form.

3. Services, Prices and Taxes

1. The hotel is obliged to keep the rooms booked by the guest available and to provide the agreed services. There is no entitlement to a specific room, a specific floor or specific facilities unless this has been expressly agreed and confirmed by the hotel.
2. The guest is obliged to pay the agreed or applicable prices for the provision of rooms and any additional services used. This also applies to third-party services arranged by the guest, insofar as the hotel has paid for or arranged such services.
3. All prices include the applicable statutory value added tax unless expressly stated otherwise. Municipal charges, guest contributions, cultural promotion levies or bed taxes may be payable in addition, insofar as these are levied by law or local statute.
4. If value added tax, local charges or legally imposed cost components change after conclusion of the contract, the hotel is entitled to adjust the prices accordingly, provided that the change relates to the agreed service and is legally permissible.

4. Payment, Advance Payment and Security Deposit

1. Invoices issued by the hotel are due for payment without deduction no later than upon departure, unless a different due date has been agreed. The hotel may require payment for individual services upon arrival or during the stay.
2. The hotel is entitled to request an appropriate advance payment or security deposit upon conclusion of the contract, upon arrival or during the stay, in particular for longer stays, group bookings, special rates, short-notice bookings, bookings without credit card guarantee or where there is an identifiable increased risk of non-payment.
3. The payment methods accepted are those offered by the hotel at the respective time. Foreign currencies are only accepted subject to prior consent and availability; any associated costs shall be borne by the guest.
4. If the guest defaults on payment, the statutory consequences of default shall apply. The hotel may claim reminder costs and any further damage caused by default, insofar as these are legally permissible and verifiable.
5. The guest may only offset claims against claims of the hotel if such claims are undisputed, ready for decision or have been legally established. A right of retention exists only insofar as it is based on the same contractual relationship.

5. Arrival, Room Availability and Departure

1. Booked rooms are available to the guest from 3:00 p.m. on the day of arrival, unless a different time has been agreed. There is no entitlement to earlier availability.
2. If the guest can only arrive after 6:00 p.m., the guest should inform the hotel in good time. If no later arrival has been agreed and the booking is neither guaranteed nor prepaid, the hotel may allocate the room to another guest after 6:00 p.m.; payment claims arising from a binding booking remain unaffected, insofar as legally permissible.
3. On the day of departure, the room must be vacated and returned no later than 11:00 a.m., unless a later departure has been agreed. In the event of late vacation of the room, the hotel may charge 50 percent of the current daily room rate for additional use until 6:00 p.m. and 100 percent from 6:00 p.m. onwards. The guest reserves the right to prove that no damage or lower damage has occurred.
4. The hotel may store, return or, in the case of perishable or worthless items, dispose of items left behind in accordance with statutory provisions. The guest shall bear the costs of return shipment or special storage.

6. Cancellation, No-Show and Early Departure

1. The cancellation of a booking is primarily governed by the cancellation conditions stated in the booking confirmation. If no special conditions have been agreed there, the following provisions shall apply.
2. Free cancellation is only possible if this has been expressly agreed or if a statutory right of withdrawal exists. In the case of bookings that cannot be cancelled free of charge or are not cancelled within the agreed period, the hotel’s claim to the agreed remuneration shall remain in place.
3. The hotel shall offset saved expenses as well as income from any alternative rental of the room. Unless higher or lower damage is proven, the hotel may charge a flat rate of 90 percent of the agreed overnight accommodation price including breakfast in the event of non-use. In the case of separately agreed half-board or full-board services, lower saved expenses may have to be taken into account.
4. The guest expressly reserves the right to prove that the hotel has suffered no damage or significantly lower damage. The hotel reserves the right to prove higher damage.
5. In the event of early departure, there is no entitlement to reimbursement of services already booked, provided that the hotel kept the services available and alternative rental was not possible. The guest’s statutory rights remain unaffected.