General Terms and Conditions for the Hotel Rooms
- The present terms and conditions apply to contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the Telegraphenamt (hereinafter “hotel”) for the customer.
- The hotel accommodation contract (hereinafter “contract”) consists of a booking confirmation in writing by the hotel.
- The customer’s terms and conditions apply only if so agreed in advance in writing.
Conclusion of contract, -partners
- Offers made by the hotel are subject to availability and confirmation. The contract is concluded by the hotel’s acceptance in writing of the customer’s request.
- The parties to the contract are the hotel and the customer. If a third party placed the order on behalf on the customer, then that party shall be liable to the hotel together with the customer for all obligations arising from the hotel accommodation contract as joint and several debtors, provided that the hotel has received a corresponding statement by the third party.
- The subletting or re-letting of the hotel rooms provided requires the prior consent of the hotel in writing. § 540 Abs. 1 S. 2 BGB shall not apply in commercial transactions.
- The customer is obliged to inform the hotel immediately and without being requested to do so, but no later than upon conclusion of the contract, whether the provision of the service is likely to give rise to public interest or impair the interests of the hotel due to its political, religious or other character.
Newspaper advertisements, social media activities, other marketing & advertising measures or publications which have a reference to the hotel and/or which contain, for example, invitations to job interviews or sales events, require the written consent of the hotel. If the customer violates this duty of disclosure or if a publication is made without such consent of the hotel, the hotel has the right to withdraw from the contract. In this case, the customer must pay the agreed price for the booked hotel rooms minus the hotel’s saved expenses.
Room availability, delivery and return
- The customer does not acquire the right to be assigned specific rooms.
- Reserved rooms are available to the customer starting at 3:00 pm on the agreed arrival date (check-in time). Groups (from 2 rooms or more) will have access to the reserved rooms at 4:00 pm (group check-in time). The customer does not have the right to earlier availability.
- Rooms must be vacated and made available to the hotel no later than 12:00 noon (check-out time) on the agreed departure date. After that time, the hotel may charge 50% percent in addition to the customer’s invoice as damages incurred for the additional use of the room until 3:00 pm; after 3:00 pm 100% of the full accommodation rate (list price) will be charged to the customer’s bill. The customer is at liberty to prove that the hotel has suffered no or significantly less damage.
- Early Arrivals and Late Departures:
If the customer’s arrival is early in the day and he/she prefers immediate access to the room before usual check in times, it is recommended to reserve the prior night to guarantee immediate access. Similarly, for late departures, reserving an additional night will guarantee access until the customer leaves the hotel. If the customer chooses not to reserve the additional night, the luggage can be stored and the hotel’s public facilities can still be used.
- Smoking: The hotel operates a strict non-smoking policy. In case of non-compliance, an additional cleaning fee of €250 will be charged to the customer’s invoice. If cigarette smoke or similar causes a false fire alarm, an extra fee of €2.000 will be charged to the customer’s bill, as well as all costs incurred in connection with the automatic activation of the fire brigade or police.
- Drugs: The hotel operates a zero-tolerance drug policy and anyone found in possession of illegal substances will be dealt with by police.
- Noise: The hotel bedrooms are no party locations. Therefore, from 10 pm onwards any music or noise coming from a hotel bedroom must be reduced to the absolute minimum.
Services & prices
- The hotel is obligated to render the services ordered by the customer and agreed by hotel.
- The client is obligated to pay the hotel’s prices agreed for such services. This also applies to services and expenses of Telegraphenamt to third parties incurred in connection with the event.
- Value-added tax as required by law is included in the agreed prices unless otherwise stated. Local taxes, e.g. the Berlin City Tax (accommodation tax), are not included in the agreed prices. With regard to contracts with non-private customers, the hotel reserves the right to quote or agree net prices.
- If the period between conclusion and fulfillment of contract exceeds 12 months, and if the rate generally charged by the hotel for such services increases, then the hotel may raise the contractually agreed rate to a reasonable extent, but not by more than 10 % per year.
- Moreover, the hotel may change rates if the customer later wishes to make changes in the number of reserved rooms, the hotel’s services, or the length of guests’ stay, and the hotel consents to such changes.
- Changes in the VAT rate do not automatically lead to a change in prices. An equalisation of the additional or reduced VAT burden between the parties is excluded.
- All prices and services quoted refer to 1 guest for single rooms and 2 guests for double rooms.
- The customer receives a booking confirmation number (it is recommended to keep this number). In addition, the client will receive an email with all booking details.
- Extensions of stay must be treated as a new reservation for the requested dates and are subject to room availability and current rates. The nightly rate is therefore subject to possible changes.
- The customer shall be fully liable to the hotel for any damage to the building and inventory caused by himself, his vicarious agents or his guests, unless he proves that no damage has occurred. This also applies to costs caused by inappropriate use or soiling of the hotel rooms.
Payment and invoicing
- The hotel is entitled to require a reasonable advance payment or security deposit upon conclusion of contract or thereafter. The amount of the advance payment, payment dates and payment type (credit card or wire transfer) may be agreed in writing in the contract.
- The hotel places the highest demands on the security of personal data. The booking system encrypts the credit card details so that this information cannot be read while it is being sent over the internet.
- Unless payment on site has been agreed or has been made, invoices of the hotel without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to call in accrued claims at any time and to demand immediate payment. In the event of default in payment, the hotel shall be entitled to charge the statutory default interest applicable at the time. The hotel reserves the right to prove higher damages, the customer the right to prove lower damages.
- The customer shall reimburse the hotel with reminder costs in the amount of €5 for each reminder after the default has occurred. The customer is at liberty to prove that the hotel has incurred no or significantly lower costs for the reminder.
- Settlement shall be made in the EURO currency. In the event of payment with foreign means of payment, the exchange rate differences and bank charges shall be borne by the customer.
- The customer may only offset claims of the hotel against undisputed or legally established claims.
- The hotel shall have a lien on all objects brought into the hotel by the customer for its claims (§ 704 BGB).
No-show / Rescission / Cancellation by the Customer
- Amendments, additions or cancellations of the contract, the application or of these Terms and Conditions shall be made in text form (§ 126b BGB). Unilateral amendments or additions by the customer are invalid.
- Withdrawal by the customer from the contract concluded with the hotel requires the hotel’s consent in text form (§ 126b BGB).
- The customer shall pay 100% of the agreed total for the rented hotel rooms if the booking is amended or cancelled outside of the free cancellation period or if the customer does not appear (no-show). The customer shall be at liberty to prove that the hotel has suffered no damage or significantly less damage.
- If the hotel and the customer have agreed in writing on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without triggering any claims for payment or damages on the part of the hotel. The customer’s right to withdraw from the contract shall expire if he does not exercise his right to withdraw from the contract in text form (§ 126b BGB) vis-à-vis the hotel by the agreed date.
- The foregoing clauses shall not apply in the event of a breach of the hotel’s obligation to show consideration for the rights, legal assets and interests of the customer if the customer can no longer reasonably be expected to adhere to the contract or is entitled to any other statutory or contractual right of withdrawal.
Rescission by the Hotel
- To the extent a right of rescission within a certain period was agreed in writing for the customer, the hotel is entitled for its part to rescind the contract during that period if there are inquiries from other customers for the contractually reserved rooms and the customer does not waive his right of rescission when asked by the hotel. The hotel will then grant an option to the third party if an enquiry exists and the customer is not prepared to make a firm booking when asked by the hotel.
- If an agreed advance payment is not made even after a reasonable grace period set by the hotel with warning of rejection has expired, then the hotel is likewise entitled to rescind the contract.
- Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if
- force majeure or other circumstances beyond the control of the hotel make it impossible to fulfil the contract (such as strikes or power cuts);
- rooms or events are booked under misleading or false statements of material facts, e.g. regarding the person of the guest or the purpose;
- the hotel has reasonable grounds to assume that the use of the hotel services may jeopardise the smooth operation of the business, the security or the reputation of the hotel in public without this being attributable to the hotel’s sphere of control or organisation;
- the purpose or reason for the stay is unlawful;
- the customer sublets or rents out the rooms provided or uses them for purposes other than accommodation without the hotel’s prior consent;
- there is a breach of the house rules.
- The hotel’s right to claim damages shall not be affected by the withdrawal.
- The customer can derive no right to compensation from justified rescission by the hotel.
General liability of the hotel; limitation period
- The hotel’s liability for its own negligence and the negligence of its vicarious agents is limited to intent and gross negligence, irrespective of the legal grounds.
- This limitation of liability shall not apply to claims arising from product liability, a guarantee assumed by the hotel and such claims based on injury to life, body or health and a breach of so-called cardinal obligations, i.e. obligations compliance with which is indispensable for achieving the purpose of the contract and compliance with which the customer may rely on. In the latter case, however, liability is limited to compensation for typical, foreseeable average damages.
- In the event of disruptions or defects in the hotel’s services, the hotel shall endeavour to remedy the same upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to him in order to remedy the disruption and to minimise any possible damage. In addition, the customer is obliged to inform the hotel in good time of the possibility of an extraordinarily high loss.
- Items brought / carried by the customer are at the customer’s risk in the hotel. The hotel assumes no liability for loss, destruction or damage, except in cases of intent or gross negligence.
- The statutory liability according to §§ 701 ff. BGB remains unaffected by No. 4. The hotel shall be liable to the customer for items brought in in accordance with the statutory provisions, i.e. up to 100 times the room rate, up to a maximum of €3.500, and for money, securities and valuables up to €800. Money, securities and valuables may be stored in the room safe up to a maximum value of the sum insured of €800 provided for the hotel. The hotel recommends that the customer makes use of this possibility. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage, § 703 BGB.
- Insofar as a parking space is made available to the customer in the hotel garage or in a hotel car park – whether free of charge or against payment – this shall not constitute a contract of safekeeping within the meaning of §§ 688 ff. BGB. The hotel is not liable for loss of or damage to the vehicle or its contents, except in cases of intent or gross negligence.
- The hotel shall carry out wake-up calls with the utmost care. Claims for damages that are not based on intent or gross negligence are excluded.
- Messages, mail and consignments of goods for the customer are handled with care. The hotel will only undertake delivery, storage and forwarding at the request, risk and expense of the customer. Claims for damages that are not based on intent or gross negligence are excluded.
- The statute of limitations for claims of the customer shall generally be governed by the statutory provisions. In deviation from § 195 BGB, the limitation period for all claims of the customer is one year. In deviation from § 199 para. 3 no. 1 and para. 4 BGB, claims for damages and other claims shall become statute-barred five years after they arise, irrespective of knowledge or grossly negligent ignorance. The above exceptions do not apply to claims for damages due to injury to life, body, health or freedom or if the hotel is guilty of intent or gross negligence.
Items left behind will only be forwarded at the request, risk and expense of the customer. The hotel shall keep items left behind for six months. After this time, the finder acquires ownership of the item if the rightful owner has neither become known nor the rightful owner has registered his or her right.
Information according to § 36
Consumer Dispute Settlement Act
As a matter of principle, the hotel is not prepared or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Vouchers / Gift cards for bedrooms
- Area of validity and guest information: The voucher entitles the holder to redeem the voucher only for overnight stays (bedrooms) at the Telegraphenamt Berlin GmbH. It is not possible to redeem the voucher in other areas of the hotel or in the bars/restaurants.
- Redeeming the voucher:
- Vouchers are not transferable. Vouchers may only be redeemed by the person named on the voucher.
- Vouchers are valid for 1 year from the date of issue and may be redeemed during this period on request and subject to availability.
- The voucher can only be redeemed for one booking. There is no entitlement to a cash payment, a credit note, a refund or a new voucher.
- The voucher number must be quoted at the time of booking.
- The voucher must be physically handed over at check in.
- Should the guest not make use of the booking made with the voucher, the Telegraphenamt reserves the right to offset the no-show against the voucher. The voucher will therefore be forfeited.
- Warranty: The Telegraphenamt Berlin GmbH accepts no liability in the event of loss or theft of vouchers.
- The place of performance and payment is the registered office of the hotel.
- The exclusive place of jurisdiction – also for cheque and bill of exchange disputes – in commercial transactions is the registered office of the hotel. If a contracting party meets the requirements of Section 38 (1) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
- German law shall apply. The UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws are excluded.
- Should individual provisions of these General Terms and Conditions be invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.