I. Scope

1. These terms and conditions apply to contracts for the rental of hotel rooms from the Hotel Central for accommodation and for all other services provided by the Hotel Central for the customer in this context (hotel accommodation contract).

2. The subletting or re-letting of the premises provided, the use of the hotel rooms provided for purposes other than accommodation, public invitations or other advertising measures for job interviews, sales and similar events and the use of hotel areas outside the rented rooms for the aforementioned events require the prior express consent of the Hotel Central and can be made dependent on the payment of an additional fee. § 540 paragraph 1 sentence 2 BGB does not apply if the customer is not a consumer.

3. The customer's terms and conditions only apply if this has been expressly agreed beforehand.

II. Conclusion of contract; Obligation to notify

1. The contract is concluded when Hotel Central accepts the customer’s application. The Hotel Central is free to confirm the room booking in text form.

2. The customer is obliged to notify the Hotel Central, without being asked, at the latest when the contract is concluded, if the use of the hotel service is likely to endanger the smooth running of business, the security or the reputation of the Hotel Central in public.

III. Services, prices, payment, offsetting

1. The customer is obliged to pay the agreed or applicable prices of Hotel Central for rooms provided and other services used. This also applies to third-party services commissioned by the customer directly or via Hotel Central, the remuneration for which is paid out by Hotel Central.

2. The agreed prices include the taxes and local duties applicable at the time the contract is concluded. Not included are local taxes that are owed by the guest according to the respective municipal law, such as visitor's tax. In the event of changes in the statutory sales tax or the introduction, change or abolition of local taxes on the service object after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.

3. The Hotel Central can make its consent to a subsequent reduction in the number of booked rooms, the hotel's services or the length of the customer's stay dependent on the price for the rooms and/or other hotel services appropriately increased.

4. If payment on account has been agreed, the payment must be made – unless otherwise agreed – within fourteen days of the invoice date without deductions to the Hotel Central account.

5. For each payment after default, the customer must reimburse Dunning costs of EUR 5.00 to Hotel Central. The customer is free to prove that no or only significantly lower costs were incurred. In the case of customers who are not consumers, the Hotel Central can also assert claims under Section 288 (5) of the German Civil Code.

6. Hotel Central is entitled to demand a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.

7. In justified cases, e.g. the customer is in arrears with payment or the scope of the contract has been extended, the Hotel Central is entitled, even after the contract has been concluded up to the start of the stay, to make an advance payment or security deposit within the meaning of Section 6 above or an increase in the advance payment or security deposit agreed in the contract up to to demand the full agreed remuneration.

8. The Hotel Central is also entitled to demand a reasonable advance payment or security deposit within the meaning of Section 6 above from the customer at the beginning and during the stay, insofar as such has not already been provided in accordance with Section 6 and/or Section 7 above.

9. The customer can only offset or set off against a claim of Hotel Central with an undisputed, recognized or legally binding claim.

IV. Withdrawal by the customer / failure to use the services of the Hotel Central

1. The customer can only withdraw from the contract concluded with Hotel Central if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists or if Hotel Central expressly agrees to the cancellation of the contract. Tuee Agreement on a right of withdrawal and any consent to a contract cancellation should be made in text form.

2. If an appointment has been made for exercising the right of withdrawal free of charge, the customer can withdraw from the contract up to that point without triggering any claims for payment or damages by Hotel Central.

The customer's right of withdrawal expires if he does not exercise it in writing to Hotel Central by the agreed date.

3. If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal, and the Hotel Central does not consent to the cancellation of the contract, the Hotel Central retains the right to the agreed remuneration despite non-use of the service. The Hotel Central must offset the income from renting the room to another party as well as the expenses saved. If the rooms are not rented out elsewhere, the Hotel Central can demand the contractually agreed remuneration and make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 80% of the contractually agreed price for accommodation with or without breakfast and for package deals with third-party services, and 60% for half-board packages. He is free to prove that the aforementioned claim did not arise or did not arise in the required amount.

V. Withdrawal by the Hotel Central, unauthorized events

1. If it has been contractually agreed that the customer can withdraw from the contract free of charge by a certain date, the Hotel Central is entitled to withdraw from the contract in whole or in part up to this point in time if there are inquiries from other customers about the contractually booked rooms and the customer does not waive his right to rescission upon inquiry by the Hotel Central with a reasonable deadline. This applies accordingly if an option is granted, if there are other inquiries and the customer is not ready to make a firm booking after asking Hotel Central after setting a reasonable deadline.

2. Furthermore, the Hotel Central is entitled to withdraw from the contract for an objectively justifiable reason, in particular if

• force majeure or other circumstances for which Hotel Central is not responsible make it impossible to fulfill the contract;
• Hotel services were booked with misleading or false information or with the concealment of material contractual facts. The identity of the customer, his ability to pay or the purpose of his stay can be material to the contract;
• the Hotel Central has justified reason to assume that the use of the hotel service could jeopardize the smooth running of business, the security or the reputation of the Hotel Central in public, without this being attributable to the sphere of control or organization of the Hotel Central;
• the purpose or reason for the stay is illegal,
• there is a breach of Clause I No. 2;
• an agreed advance payment or an advance payment assessed in accordance with clause III, clause 6 and/or clause 7 above has not been made even after a reasonable period of grace set by Hotel Central has expired.

3. Unauthorized job interviews, sales and similar events can be prevented or canceled by the Hotel Central.

4. The justified cancellation by the Hotel Central or the cancellation of an unauthorized event according to item 3 above does not justify the customer's claim for damages.

5. If the Hotel Central has a claim for damages against the customer in the event of a withdrawal in accordance with Section 2 above, the Hotel Central can charge a lump sum. In this case, IV paragraph 3 sentences 2 to 5 apply accordingly.

VI. Room provision, handover and return

1. The customer does not acquire the right to be provided specific rooms unless this has been expressly agreed.

2. Subject to the express agreement of an earlier availability time, booked rooms are available to the customer from 2 p.m. on the agreed arrival date. Unless a later arrival time has been expressly agreed or the room in question has not been paid for in advance, the Hotel Central has the right to allocate booked rooms to someone else after 6 p.m. without the customer being able to derive a claim against the Hotel Central from this. There is no obligation to award it elsewhere.

3. On the agreed day of departure, the rooms of the Hotel Central must be vacated by 12:00 p.m. at the latest. Use beyond this point in time can be agreed with Hotel Central for a time-dependent fee, subject to availability.

4. If the customer uses the room after 12:00 p.m. without having previously made an express agreement with the Hotel Central, the Hotel Central can, due to the delayed. If the room is vacated by 6:00 p.m. in excess of the contract, 70% of the full list price will be charged; from 6 p.m. at least 80%. Further claims for damages by the Hotel Central against the customer remain unaffected by this. This does not justify contractual claims by the customer. He is free to prove that the Hotel Central has no or a significantly lower claim for usage fees.

VII. Liability of the Hotel Central

1. The Hotel Central is liable for damage to life, limb or health for which it is responsible. Furthermore, the Hotel Central is liable for other damages that are based on an intentional or grossly negligent breach of duty by the Hotel Central, and damages that are based on an intentional or negligent breach of typical contractual obligations by the Hotel Central. Typical contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by the Hotel Central is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise regulated in this Clause VII. If disruptions or defects in the services of the Hotel Central occur, the Hotel Central will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum. In addition, the customer is obliged to inform the Hotel Central in good time of the possibility of exceptionally high damage occurring.

2. The Hotel Central is liable to the customer for items brought in according to the statutory provisions. It is recommended to use the hotel safe. If the customer wants to bring money, securities and valuables with a total value of more than €800 or other items with a total value of more than €3,500, a separate safekeeping agreement must be made with Hotel Central.

3. Items left behind by the customer will only be forwarded at the customer's request, risk and expense. The Hotel Central stores the items for three months; after that, they will be handed over to the local lost and found office, provided they are of recognizable value. If the lost-and-found office is not ready to take it over, the items will be kept for a further nine months and then either used or destroyed. Section VII, Clause 5, p. 1-5 applies accordingly to the liability of the Hotel Central.

4. If the customer is provided with a parking space in the hotel garage or in a hotel car park, even for a fee, this does not result in a custody agreement. Hotel Central is not obligated to monitor. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the Hotel Central is only liable in accordance with the above number 1 p. 1 – 5. Any damage must be reported to the Hotel Central immediately.

5. Wake-up calls are carried out by Hotel Central with the utmost care. Messages, post and consignments for guests are treated with care. The Hotel Central takes care of the delivery, storage (in the case of consignments, however, only after prior agreement) and - on request - the forwarding of the same for a fee. The above clause 1 sentences 1 - 5 apply accordingly to the liability of the Hotel Central.

VIII. Smoking ban/increased cleaning effort due to soiling

1. Smoking is prohibited in the public area of ​​the Hotel Central – with the exception of the smoking room on the ground floor – and in the non-smoking rooms.

2. If the guest nevertheless smokes in a non-smoking room, smoking in this room constitutes a breach of contract, which will be punished with a flat-rate contractual penalty of EUR 150.00. With this fee, we share the guest in the cleaning costs (curtains, furniture, etc.).

3. If the room cannot be rented the next day due to the strong smell of smoke, an additional night will be charged according to the list price.

4. The public areas are connected to a fire alarm control panel via smoke detectors. In the event of a fire alarm through the fault of the guest, all costs incurred that are directly related to the illegal smoking (e.g. the costs of using the fire brigade and the consequential costs of restoring the operating condition) are to be borne by the guest.

5. The Hotel Central reserves the right to charge an additional cleaning fee if the room is significantly soiled beyond normal levels. This depends on the required cleaning effort and amounts to at least EUR 50.00.

IX. Kettle, cooking in the room/on the corridors

The kettles in the rooms are only and exclusively edible for making tea and coffee and not suitable for preparing or heating soups and meals. In the case of improper use, we charge a fee of EUR 150.00 per incident.

2. Cooking, preparing or preparing food of any kind is not permitted in the rooms and corridors.

X. Final Provisions

1. Changes or additions to the contract or these general terms and conditions should be made in text form. Unilateral changes or additions by the customer are invalid.

2. The place of performance and payment in commercial transactions is the location of the Hotel Central.

3. Freiburg is the exclusive place of jurisdiction for commercial transactions – also for check disputes. Hotel Central can, at its own discretion, also sue the customer at the customer's registered office. The same applies in each case if the customer meets the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany.

4. German law applies. The application of the UN sales law and the conflict of laws is excluded.

5. For the out-of-court settlement of consumer disputes, the European Union has set up an online platform (“OS platform”) that you can contact. You can find the platform at ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

6. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.