The following is a declaration of consent under data protection law.
The personal data transmitted through the use of our website, our contact form or the booking of a room, in particular name, address, telephone number, bank details, which are necessary and required solely for the purpose of implementing the contractual relationship that arises, are collected on the basis of legal authorisations. By using our website, our contact form or booking a room, you consent to the collection and processing of your data (Datenschutzerklärung).
Rights of the data subject: Information, correction, deletion and blocking, right of objection.
In accordance with § 34 BDSG, you are entitled at any time to request comprehensive information about the data stored about you. In accordance with § 35 BDSG, you can request the correction, deletion and blocking of individual personal data at any time. Furthermore, you can exercise your right to object at any time without giving reasons and amend or completely revoke the declaration of consent given with effect for the future. You can send the revocation either by post, by e-mail or by fax to the contractual partner.
General Terms and Conditions for the rental of hotel rooms
I. Scope of application
- The Hotel Casa Colonia (hereinafter referred to as the “Hotel”) provides customers with hotel rooms for accommodation on a rental basis, together with other supplies and services, following the conclusion of a corresponding contract. The following general terms and conditions apply to all contracts concluded by the hotel with the customer.
- Any provisions in the customer’s general terms and conditions which deviate from these, as well as any amendments, deletions and additions to these general terms and conditions by the customer, shall not apply unless expressly accepted by the hotel in writing. Counter-confirmations by the customer referring to his own terms and conditions are hereby expressly rejected.
II. Conclusion of Contract, Contracting Parties
- The hotel accommodation contract is concluded when the hotel confirms the customer’s booking request in text form (e.g. letter, fax or e-mail) (booking confirmation).
- The contractual partner of the hotel and thus the tenant of the hotel rooms let by the hotel is the customer named in the booking confirmation in accordance with the booking request.
- If a third party has ordered hotel rooms for the customer named in the booking confirmation, e.g. in the case of business trips the employer for the employee, the third party shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.
- The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation shall require the prior written consent of the hotel.
III Performance obligations, prices, invoice, default, set-off
- The hotel is obliged to keep ready the hotel rooms booked by the customer in accordance with the booking confirmation and to provide the further services agreed in this respect.
- The customer is obliged to pay the prices agreed for the provision of the room as well as the prices applicable to any other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer. The agreed prices include the applicable statutory value-added tax.
- The hotel is entitled to demand an advance payment from the customer of up to […] % of the total price shown in the booking confirmation. The advance payment is payable without deductions within 10 days of receipt of the invoice.
- In addition, the hotel shall invoice the customer on the day of departure for the services rendered in fulfilment of the hotel accommodation contract. The invoice amount stated therein shall be due and payable within 10 days of receipt of the invoice.
- If payment is not received on time, the customer shall be in default even without a further reminder. The customer, who is not a consumer within the meaning of § 13 BGB (German Civil Code), may be charged interest on arrears at a rate of 8 percentage points above the base rate. Otherwise, the default interest shall be 5 percentage points above the base interest rate. The customer reserves the right to prove a lower, the hotel the right to prove a higher damage caused by default.
- The customer may only offset claims of the hotel with counterclaims that are undisputed or have been legally established.
IV. Cancellation by the customer
- Otherwise, the customer shall pay the price agreed in accordance with the hotel accommodation contract even if the customer does not make use of the services contractually owed by the hotel. In this case, the hotel shall offset the income from renting the rooms not used by the customer to other parties as well as saved expenses against the agreed price.
- The parties agree that the saved expenses shall be set at a flat rate of 10% of the contractually agreed price per room/overnight stay. The customer shall be at liberty to prove further expenses saved by the hotel and consequently to be deducted from the agreed price by the hotel when invoicing.
V. Withdrawal of the hotel
- If a right of withdrawal free of charge has been agreed in writing for the benefit of the customer, the hotel is entitled for its part to withdraw from the hotel accommodation contract within the period agreed for the exercise of the right of withdrawal insofar as the hotel has received enquiries from third parties regarding the rooms booked by the customer and the customer does not waive his contractually agreed right of cancellation upon enquiry by the hotel. Insofar as the hotel makes use of the right of withdrawal to which it is entitled thereafter by means of a corresponding declaration, the parties shall be released from their obligation to perform.
- If the customer fails to make an advance payment invoiced to him in accordance with clause III.3. despite a grace period set for this purpose with a warning of refusal, the hotel shall be entitled to withdraw from the contract if the grace period expires without result. In this case, the customer shall remain obliged to pay the contractually agreed price. In this case, the hotel shall offset the income from renting the rooms to other parties and the expenses saved against the agreed price. With regard to the amount of the saved expenses, clause IV.3. shall apply.
- Furthermore, the hotel is entitled to withdraw from the hotel accommodation contract for good cause even before the date of arrival, e.g. if force majeure makes it impossible to fulfil the contract, if information provided by the customer about his person proves to be false or if the hotel has reasonable grounds to assume that the customer’s use of the hotel services may jeopardise the smooth running of the business, the safety or the reputation of the hotel in public. The withdrawal must be declared to the customer by the hotel in writing. The parties shall be exempt from performance after declared withdrawal.
VI.Withdrawal by the customer (cancellation) / non-utilisation of the hotel’s services (no show) in the case of group bookings (10 rooms or more)
- The customer’s withdrawal from the contract concluded with the hotel requires the hotel’s written consent. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This 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 as a result or is entitled to any other statutory or contractual right of withdrawal.
- If a date for withdrawal from the contract free of charge has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract until then without triggering payment or claims for damages by the hotel. The customer’s right of withdrawal shall expire if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date.
- If the rooms are not let to another party, the hotel may demand the following contractually agreed remuneration:
Cancellation up to 61 days prior to arrival 20% of the agreed price.
Cancellation up to 31 days prior to arrival 30% of the agreed price
Cancellation up to 21 days prior to arrival 50% of the agreed price
Cancellation up to 14 days before arrival 75% of the agreed price
Cancellation less than 14 days before arrival,
no-show or early departure 90% of the agreed price.
VII. Provision, handover and return of the booked hotel rooms
- Unless otherwise agreed in writing by the parties, the customer shall not be entitled to the provision of specific hotel rooms.
- The booked rooms are available to the customer from 15:00 on the day of arrival. The customer has no claim to an earlier provision of the booked rooms.
- The booked rooms are to be vacated completely by the customer on the day of departure by 12:00 noon at the latest. If the booked rooms are vacated late, the hotel shall be entitled to charge the customer an additional compensation for use. The compensation for use shall amount to 50% of the regular overnight rate if the room is handed over by the customer by 6:00 p.m. at the latest on the day of departure. If the room is handed over after 6:00 p.m., the compensation for use shall amount to 100 % of the regular overnight accommodation price. The customer is free to prove a lower damage.
VIII. Duties and Liability of the Lessee
- The customer shall be liable in accordance with the statutory provisions for any damage for which he is responsible to the premises, furniture and other inventory of the hotel. In the event of soiling of the hotel room by the customer which clearly exceeds the usual signs of use when using a hotel room for the contractually intended purpose, the hotel shall be entitled to charge the customer the additional cleaning costs incurred for their removal in the amount of 150 EUR. The customer shall be at liberty to prove that the damage was less, and the hotel that the damage was greater.
- The hotel key provided to the customer on the day of arrival must be returned to the hotel by the customer on the day of departure by 12:00 noon at the latest. The hotel must be notified immediately of any loss of the key. If the key is not returned or is not returned on time, the hotel shall be entitled to charge the customer for the cost of replacing the hotel locking system which becomes necessary as a result. The hotel hereby informs the customer that the costs for this will amount to at least EUR 700. The customer is at liberty to prove that the damage is lower, the hotel that it is higher.
- Smoking is prohibited in all premises of the hotel. If the customer disregards this smoking ban, in particular in the hotel room booked by him, the hotel shall be entitled to charge the customer a compensation for use amounting to 100% of the regular room rate for an additional overnight stay. The customer shall be at liberty to prove a lesser, the hotel a greater damage.
IX. Liability of the landlord
- The hotel shall be liable in accordance with the statutory provisions in cases of intent or gross negligence and for intent and gross negligence on the part of representatives or vicarious agents of the hotel. Otherwise, the hotel shall only be liable for injury to life, body or health, for culpable violation of essential contractual obligations or insofar as the hotel has fraudulently concealed a defect or has assumed a guarantee of quality. However, the claim for damages for the violation of essential contractual obligations shall be limited to the foreseeable damage typical for the contract, unless another case of mandatory liability according to p. 1 or 2 is given at the same time.
- The provisions of the above para. 1 shall apply to all claims for damages, irrespective of the legal grounds, in particular due to defects, the breach of duties arising from the contractual obligation or from tort. They also apply to the claim for reimbursement of futile expenses.
- The hotel shall not be liable for the loss of items left at the hotel by the customer when returning the hotel rooms on the day of departure.
- The hotel warrants that the rooms which are the subject matter of the contract are free of defects at the time of handover which nullify the suitability of the room for use in accordance with the contract. The customer shall notify the hotel of any defects without delay.
- Claims for damages by the customer on account of any defects shall be governed exclusively by the special provisions of clause VIII.
XI. Data protection
- All personal data of the customer which become known to the hotel in the course of the business relationship shall be treated by the hotel as strictly confidential. The hotel collects, stores, processes and uses this data only to the extent necessary for the proper performance of the hotel accommodation contract. In doing so, the hotel shall observe all data protection requirements, in particular the provisions of the Teleservices Data Protection Act (TDDG).
- Personal data may only be passed on to third parties in accordance with the statutory provisions insofar as this is necessary to safeguard the legitimate interests of the hotel or the general public and the customer’s interests worthy of protection are not impaired thereby. This is the case in particular if the information provided by the customer upon conclusion of the contract is incorrect, invoices are not paid or hotel inventory or furniture has been stolen or damaged by the customer.
XII Choice of law, place of jurisdiction
- The legal relations of the contracting parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods
- If the customer is a merchant, a legal entity under public law or a special fund under public law, Cologne shall be the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
XIII Severability clause, written form requirement
- No oral ancillary agreements have been made to this contract. Amendments or supplements to this contract must be in writing to be effective. This shall also apply to any waiver of the written form requirement.
- Should any provision of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The contracting parties shall replace the void provision with a valid provision that comes as close as possible to the economic intent of the contracting parties.