Terms of Service
for the hotel accommodation contract (AGBH 8.1)
1.1 The contract comes through the order acceptance (confirmation) of Luisenhof Pagu GbR. (“Hotel”) and the guest of the hotel (“Guest”).
1.2 The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the hotel’s prior written consent in text form, whereby the right to termination is waived in accordance with Section 540 Paragraph 1 Clause 2 BGB.
1.3 General terms and conditions of the guest only apply if this has been expressly agreed in writing.
II. Contract connection, partners
The contractual partners are the hotel and the guest. The contract is concluded when the hotel accepts the guest’s application. In the event of a booking via the hotel’s own website, the contract is concluded by clicking on the button “BOOK WITH OBLIGATION TO PAY”.
III. Services, prices, payment, offsetting
3.1 The hotel is obliged to keep the hotel rooms ordered by the guest available and to provide the other agreed services.
3.2 The guest is obliged to pay the agreed prices or the prices usually requested by the hotel for the provision of rooms and the other services used. This also applies to the hotel’s services and expenses to third parties caused by the guest.
3.3 The agreed prices include the taxes applicable at the time the contract is concluded. Not included are local taxes that are owed by the guest according to local law, such as visitor’s tax. In the event of a change in the statutory sales tax or the introduction, change or abolition of local taxes on the object of performance after the conclusion of the contract, the prices will be adjusted accordingly.
If the period between the conclusion of the contract and the agreed day of arrival exceeds four months and the price generally charged by the hotel for the contractual services increases, the hotel can increase the contractually agreed price appropriately, but by no more than 10%.
3.4 If the guest subsequently wishes to change the number of rooms ordered, other hotel services or the length of stay, this requires the hotel’s consent. This can be made dependent on a price increase.
3.5 Hotel invoices without a due date are payable within 10 days of receipt of the invoice without deduction. If the hotel has a payment term or other credit for the guest HOTEL LUISENHOF BAHNHOFSTRASSE 7 65185 WIESBADEN PHONE +49 611 39788100 RESERVATION +49 611397880
HEADQUARTERS OF THE HOTEL BUSINESS LUISENHOF BAHNHOFSTRASSE 7 65185 WIESBADEN GERMANY MANAGEMENT LOREDANA PAGU CHRISTIAN PAGU LUCIAN PAGU ST.-NO. 043 355 00445 VAT ID NO. DE221800086 BANK CONNECTION NASSAUISCHE SPARKASSE IBAN DE27 5105 0015 0100 2359 94 BIC NASSDE55XXX INVOICE ADDRESS HOTEL LUISENHOF BAHNHOFSTRASSE 7 65185 WIESBADEN GERMANY grants and if the guest is in arrears with this or with other credit obligations and / or all other credit obligations to the hotel are in arrears Claims are made due immediately. The statutory rules apply to interest on arrears. The guest reserves the right to provide evidence of lower damage, and the hotel of higher damage.
3.6 The hotel is entitled to request an appropriate advance payment or security deposit (e.g. credit card guarantee) upon conclusion of the contract or thereafter, taking into account the legal provisions. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
3.7 The guest may only offset against claims of the hotel with counterclaims or withhold payments only because of such counterclaims, as far as the counterclaims are undisputed or legally established or are in reciprocity with the claims of the hotel.
IV. Withdrawal / termination (“cancellation”) by the guest or failure to use the hotel’s services (“no show”)
4.1 A unilateral solution of the guest from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract or a statutory right of withdrawal or termination exists.
4.2 Up to the day before the start of the booking, the guest can cancel free of charge without triggering payment claims or claims for damages on the part of the hotel. The guest’s right to withdraw lapses if he does not exercise this in writing to the hotel by the agreed date. In this case, the guest is obliged to pay 80% of the price of the first night.
4.3 In the event of a no-show, the guest is obliged to pay 100% of the price for the first night.
V. Resignation of the hotel
5.1 If and to the extent that a right of withdrawal has been agreed in favor of the guest, the hotel is entitled to withdraw from the contract within the period agreed for exercising the right of withdrawal if the hotel has received inquiries from third parties about the rooms booked by the guest and the guest upon request of the hotel upon notification of such circumstances, after setting a reasonable deadline, he does not waive his right of withdrawal.
5.2 If and to the extent that advance payments have been agreed with the guest and the guest does not make them within a reasonable grace period set by the hotel, the hotel is entitled, at its option, to withdraw from the contract and to demand compensation for non-performance.
5.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justified reason, in particular if
5.3.1 Force majeure or other circumstances for which the hotel is not responsible make the fulfillment of the contract impossible or unreasonably difficult for the hotel;
5.3.2 rooms were booked culpably with misleading or false information or with the concealment of essential facts, e.g. about the guest, his solvency or the purpose of the stay;
5.3.3 The hotel has justified cause to assume that the use of the hotel’s deliveries and services may endanger the smooth business operations, security or public image of the hotel, without this being attributable to the hotel’s sphere of control or organization is;
5.3.4 A violation of no. 1.2 (subletting and re-letting) is available.
VI. Room provision, handover and return
6.1 Unless otherwise expressly agreed in individual cases, the guest within a room category has no right to the provision of certain rooms of the booked category.
6.2 Booked rooms are available to the guest from 2 p.m. on the agreed arrival date. A right to earlier availability is excluded.
6.3 On the agreed departure date, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest. For any use going beyond this, prior consultation with the hotel is necessary for the purpose of availability. The hotel can then claim compensation for use as follows: until 6:00 p.m. 50% of the regular overnight price (list price), longer than 6:00 p.m. 100% of the list price. The guest is free to prove to the hotel that the hotel suffered no or less damage. The hotel is free to provide evidence of higher damage.
VII. Liability of the guest
7.1 For loss in the guest’s hotel room and damage to the guest’s hotel room that occur during the term of the contract, it is assumed that the guest caused this culpably, unless the damage can be proven to be the responsibility of the hotel or can be proven to have been caused by a third party been.
7.2 The hotel is a non-smoking accommodation. From this it can be concluded that smoking of any type of tobacco / pipe is prohibited in the entire building (in both private and public spaces). In the event that this prohibition is not complied with, the hotel reserves the right to claim damages of up to EUR 200.00.
7.3 Insofar as the hotel procures technical or other equipment from third parties for the guest at the guest’s request, it acts on behalf of and for the account of the guest. He is liable for the careful handling and proper return of the facility and releases the hotel from all third-party claims arising from the surrender.
VIII. Defects, liability, statute of limitations and liability of the hotel
8.1 Should defects occur in the hotel’s deliveries and services or the services are disrupted, the guest must notify the hotel immediately – in any case before departure – so that the hotel is given the opportunity to remedy the situation as quickly as possible . to ensure that the deliveries and services are in conformity with the contract. The guest is obliged to do what is reasonable for him and to keep any damage as low as possible.
8.2 If the guest uses a parking space in the hotel garage – also for a fee – this is done within the framework of a separate contractual relationship.
8.3 Wake-up calls are carried out by the hotel with due diligence. In the event of non-execution or poor execution, claims for damages are excluded, unless the hotel has acted willfully or with gross negligence.
8.4 Messages, mail and consignments of goods for the guest are handled with the usual care. The hotel will deliver, store and – at the express request – forward the same for a fee. In the event of non-performance or poor performance, claims for damages are excluded, unless the hotel has acted willfully or with gross negligence.
8.5 The hotel is liable for a culpable breach of essential contractual obligations in accordance with the statutory provisions. Essential contractual obligations are obligations that characterize the typical purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely. Insofar as the hotel is not guilty of grossly negligent or willful behavior, it is only liable for the typically occurring, foreseeable damage. If damage to life, limb or health is based on a culpable breach of duty by the hotel, the hotel is liable in accordance with the statutory provisions. Incidentally, claims for damages from breaches of duty against the hotel are excluded. The hotel safe is to be used for money, securities and valuables. Unless expressly agreed otherwise, the hotel does not store any money, securities or valuables worth more than EUR 800 or other items worth more than EUR 3,500.
8.6 Claims against the hotel become statute-barred – subject to any shorter statutory limitation period – no later than twelve months from the start of the statutory limitation period. This does not apply to claims for damages according to No. 7.5.
VIIII. Final provisions
9.1 Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in writing. Unilateral changes or additions are ineffective.
9.2 If the guest is a businessman or a legal person under public law, the exclusive place of jurisdiction is Wiesbaden. Alternatively, the hotel can sue the guest at the guest’s registered office. The same applies to guests who do not fall under sentence 1 if they are not based in a member state of the EU.
9.3 German law applies. The application of the UN sales law is excluded.
Status: November 2021