Trace Terms & Conditions - Hotel Opéra

 GENERAL TERMS & CONDITIONS
FOR TOUR OPERATORS (INDIVIDUALS)

(VERSION 2012)

I. SCOPE AND DEFINITIONS

1.These terms and conditions apply to all contracts, which are concluded between the hotel and the tour company about hotel services for individuals and / or tour group (Hotel Accommodation Contract). They are not valid for bookings of rooms and room allotments for events such as meetings, seminars and the like.

2. The term "Hotel Accommodation Contract" comprises and replaces the following terms: reservation contract, contingent contract, accommodation, lodging, hotel rooms and hotel contract.

3. Hotel services are all services such as hotel room, meal arrangements and other offers agreed upon between the tour operator and the hotel and to be performed by the hotel.

4. The customers of the travel agency, who booked the hotel services, shall forthwith be referred to as "individuals" or "groups" (collectively as "guest"). A tour group consists of at least 15 people who are organized uniformly to a common purpose and usually travel on the same days to arrive and depart.

5. Terms and conditions of the tour operator will only apply if this has been expressly agreed in writing.

II. CONCLUSION OF CONTRACT AND STATUTE OF LIMITATIONS

1. The contract is concluded by the acceptance of the application of the tour operator by the hotel. The hotel is at liberty to confirm the booking in writing.

2. Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period. Damage claims shall be time-barred after five years, independent on the knowledge thereof, insofar as they are not based on claims arising out of harm inflicted on life, physical health or liberty. These damage claims shall be time-barred after ten years, independent of knowledge thereof. The reduction of the statute of limitation periods shall not apply for claims which are based on an intentional or grossly negligent breach of obligation by the hotel.

III. RIGHTS AND OBLIGATIONS OF THE TOUR OPERATOR

1. The tour operator is obliged to notify the hotel of its number of reservations as early as possible or upon demand. The hotel is to be informed hereof, but no later than 30 days before the arrival of guests, in writing, and shall likewise provide the hotel with all the information needed about hotel services under paragraph I subsection 3.

2. The tour operator is obliged to pay the hotel for services under paragraph I, subsection 3, and for other services used in addition, at the agreed prices or, if prices had not been provided, those published or normal, respectively. This also applies to services ordered by the tour operator directly or via the hotel, which a third party provides and the hotel disburses.

3. Guests are only entitled to the hotel services pursuant to Section I, paragraph 3. The tour operator commits to duly inform their customers and force them to provide appropriate warranty for the possible use of additional services if the hotel has so requested, for example through charge notes in their credit cards. The same applies to guests presenting a voucher at the hotel upon arrival. If the guest does not present any security deposit at the request of the hotel and does not pay his expenses, the tour operator is made responsible for paying for these services used.

4. The tour operator must inform guests of all relevant circumstances and conditions during their stay, especially on the liability rules of the hotel in accordance with Section VIII

5. At the request of the hotel, the tour operator shall designate a contact person representing the group, who shall represent this travel group for all questions related to the care of the tour operator’s travel group.

IV. RIGHTS AND OBLIGATIONS OF THE HOTEL

1. At the time of the conclusion of the contract, the hotel shall have the right to require a reasonable advance payment or a security, such as a credit card guarantee, from the tour operator. The hotel must confirm the receipt of an advance payment or a security.

2. In justified cases, such as late payments from tour operator or extension of the volume of services, the hotel shall be entitled to a prepayment or a deposit for the purposes of subsection 1 above, even after the conclusion of the contract until the beginning of the stay, or an increase of the advance payment or a security agreed upon in the contract up to the total agreed remuneration.

3. The hotel has no right to make changes to hotel services which were unilaterally agreed upon. Any changes require approval by the tour operator.

4. The tour operator may not demand certain types of room insofar when this is not expressly agreed in writing.

5. Reserved rooms are available to guests of the tour operator from 3:00 p.m. of the agreed arrival date. The tour operator does not have the right to earlier occupancy.

6. The rooms of the hotel shall be vacated on the agreed departure date by 12:00 p.m. at the latest. Thereafter, due to the delayed vacating of the room for use exceeding the contractual time, the hotel can charge 50 % of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 90%). This fact does not constitute a contractual requirement for the tour operator, being at his discretion to demonstrate that the additional payment for the hotel to be unjustified or considerably less justified.

V. PRICE, PAYMENT, OFFSET

1. The parties are bound by the agreed prices, which include the respective statutory VAT, unless prices have been explicitly agreed upon without VAT.

2. Hotel bills without an expiration date shall be due within ten days of receipt without any discount. With default of payment, the hotel shall be entitled to demand the respectively applicable statutory default interest. The hotel reserves the right to prove greater damage.

3. The tour operator may compensate only undisputed or legally valid claims against outstanding charges from the hotel.

4. Agreements regarding any payment of a commission must be made either in the Hotel Accommodation Contract or in an agreement to be concluded simultaneously. If more than one tour operator is involved in the booking the hotel will pay the commission only once.

VI. CANCELLATION BY TOUR OPERATOR (CANCELLATION) / FAILURE TO USE HOTEL SERVICES (NOSHOW)

1. The termination by the tour operator of the contract with the hotel will require the hotel's written consent. If this does not take place, the tour operator is obliged to pay the agreed upon compensation if use of hotel services does not take place.

2. In case the hotel and tour operators have agreed upon a deadline for terminating the contract without charge in writing, the tour operator may cancel the contract within that period without causing payment claims or claims for damages by the hotel. The tour operator’s right of withdrawal shall expire, if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.

3. In the case of rooms not used by the tour operator, the hotel must offset the rental income from these rooms to other customers as well as the costs saved. If the rooms are not rented otherwise, the hotel can demand the contractually agreed rate and assess a lump sum for the saved expenses of the hotel. In this case, the tour operator is obligated to pay at least 90 % of the contractually agreed rate for lodging with or without breakfast as well as for all-inclusive arrangements with contracted services, 70 % for half-board and 60 % for full-board arrangements. The tour operator has the right to show that the above-mentioned claim is unreasonable or is not justified at the demanded value.

VII. WITHDRAWAL BY HOTEL

1. Insofar as it was agreed that the tour operator can withdraw from the contract, in whole or in part, at no cost within a certain period of time,the hotel will also have the right to terminate the contract in the same proportions within that term if there was demand for rooms reserved by third parties, and in case the tour operator does not waive his right of cancellation, after consultation by the hotel to set a reasonable time.

2. The hotel is likewise entitled to withdraw from the contract if a previously agreed upon advance payment is not made, or in accordance with paragraph IV subsection 2, even after a reasonable additional period set by the hotel.

3. In addition, the hotel will be entitled to terminate the contract exceptionally, for a just cause, for example force majeure or other circumstances beyond the hotel’s control render the fulfillment of the contract impossible;

- If rooms or other premises are booked in bad faith, stating misleading or false data relevant to the contract, for example about the guest or the purpose of the stay;

- The hotel has reasonable grounds to believe that use of the services might jeopardize the smooth operation, security, or the hotel's reputation in public,without this being attributable to the domain or organizational control of the hotel;

- The purpose / reason of the stay is illegal.

4. In the aforementioned cases of cancellation of the hotel, these constitute no claims for damages by the tour operator

VIII. LIABILITY OF HOTEL

1. The hotel is liable for harm inflicted on life, limb and physical health. Further it is liable for other damage caused with full intent or gross negligence or due to intentional or grossly negligent violation of obligations typical for the contract.The breach of duty by a legal representative or an assistant agent is matched to the breach committed by the hotel. In the event that interferences or gaps in services occur, the hotel, taking notice or responding to the immediate claim from the tour operator or host, will seek to remedy them. The tour operator or the guest is obliged to contribute as required, to remedy the disruption and to limit the scope of potential damage.

2. The hotel is liable to the guest for property brought into the hotel in accordance with the statutory provisions. The use of the hotel or room safe is recommended. Accordingly, the liability is limited to one hundred times the room rate, up to a maximum of € 3.500, - for cash, securities and valuables up to a maximum of € 800, -.

3. The provision of a place in the garage or in the hotel parking lot, also if by payment, is not a deposit contract. The hotel only assumes liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and the contents thereof only pursuant to the preceding No. 8.1, sentences 1 to 4.

4. Wake-up calls are carried out by the hotel with greatest possible diligence. Messages, mail and remittances for the guests will be handled carefully. The hotel will arrange for delivery, deposit, and, at the request of the host and upon payment, also the return of the mail. For the exclusion of the tour operator's rights to compensation for damages shall govern the terms and what is cited in Subsection 1, sentences 2-4, respectively.

IX. FINAL PROVISIONS

1. Amendments and supplements to the contract, the acceptance of offers or these general terms and conditions should be made in written form. Unilateral amendments or supplements by the tour operator are invalid. Unilateral changes made by the tour operator shall be inoperative.

2. Place of fulfillment and payment is the location of the hotel.

3. For commercial transactions the place of performance and payment as well as, in the event of litigation, including disputes for checks and bills of exchange, the exclusive court of jurisdiction is at legal location of the hotel. Insofar as a contracting party fulfills the requirements of section 38, para. 2 of the German Code of Civil Procedure (ZPO) and does not have a place of general jurisdiction within the country, the courts at location of the hotel shall have jurisdiction.

4. German law applies. The application of the CISG and the Conflict Law is excluded.

5. Should individual provisions of these General Terms and Conditions be or become invalid or void, then the validity of the remaining provisions shall not be affected.

Moreover, the statutory provisions shall apply