Terms of Service
These terms and conditions apply to all contracts for the provision of my kleinHOTEL apartments / hotel rooms for accommodation and all related services. They apply exclusively. Conflicting or deviating terms and conditions of the customer are not recognized unless this has been expressly agreed in writing beforehand.
The contract is only concluded and concluded when my kleinHOTEL accepts the customer’s offer to conclude a contract and confirms this to the customer in writing. If confirmation in text form is not possible in individual cases, confirmation by phone from my kleinHOTEL is sufficient.
Contractual partners are my kleinHOTEL at the respective location and the customer who uses the services of the respective mein kleinHOTEL location. If a third party has ordered for the customer, he is jointly and severally liable to my kleinHOTEL together with the customer for all obligations arising from the hotel accommodation contract.
The contractual partners are mutually obliged to fulfill the contract, regardless of the duration of the contract. Mein kleinHOTEL is obliged to have the apartment / room booked by the customer ready and to provide the agreed services. Unless otherwise agreed, there is no entitlement to a specific apartment / room.
The customer is obliged to pay the applicable or agreed prices of mein kleinHOTEL for the provision of rooms and for other services used by him at mein kleinHOTEL. This also applies to services and expenses caused by the customer from mein kleinHOTEL to third parties. The agreed prices include the respective statutory value added tax. If there is an increase in value added tax after the conclusion of the contract, the value added tax rate applicable at the time the room is used applies and the price is adjusted according to the increase. If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally charged by mein kleinHOTEL for such services increases between the conclusion of the contract and the provision of the service, my kleinHOTEL can increase the contractually agreed price appropriately, but no more than 5%. In this case the customer is entitled to withdraw from the contract.
Mein kleinHOTEL is entitled to make the binding reservation of the room dependent on the payment of a deposit. My kleinHOTEL can still ask for a reasonable deposit after the contract has been concluded.
The invoice amount to be paid by the customer is due and payable no later than the customer’s departure. Advance payments required by mein kleinHOTEL must be paid by the time specified by mein kleinHOTEL.
Mein kleinHOTEL is entitled to demand advance payment of the full price or a security deposit at any time – even after taking over the room – if it has doubts about the customer’s performance. In the case of stays of over a week or claims of over EUR 1,000.00 for services already provided, the hotel can also issue interim invoices that are due for payment immediately. If the customer is in arrears with even one invoice, my kleinHOTEL is entitled to suspend all further and future services provided by the customer, if my kleinHOTEL has previously given the customer a deadline and threatened to suspend future services in the event of late payment. The respective mein kleinHOTEL is free to accept and select credit cards in each individual case of presenting a credit card, even if the general acceptance of credit cards is indicated by notices in the hotel. Checks, credit cards and other means of payment are only accepted on account of performance.
The customer is only entitled to offset claims against mein kleinHOTEL if his counterclaims have been legally established, are undisputed or have been recognized by mein kleinHOTEL. A right of retention only exists to the extent that the hotel’s claim and the customer’s counterclaim are based on the same contractual relationship.
If, in individual cases, the customer’s right to withdraw from the contract free of charge within a certain period of time was agreed in writing, my kleinHOTEL is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer on request from the hotel not waive his right to withdraw.
If a deposit (cf. III No. 4) or an advance payment (cf. III No. /) is not made even after a reasonable grace period set by mein kleinHOTEL has expired, the hotel is also entitled to withdraw from the contract.
Furthermore, mein kleinHOTEL is entitled to withdraw from the contract for an objectively justified reason, for example if force majeure or other circumstances for which mein kleinHOTEL is not responsible make it impossible to fulfill the contract; Zimmer with misleading or false statements of essential facts, e.g. in the person of the customer or the purpose of being booked; mein kleinHOTEL has justified cause to assume that the use of the hotel service can endanger the smooth business operations, the security or the reputation of the hotel in public, without this being attributable to the control or organizational area of the hotel, the customer without consent of the hotel leaves the room to a third party for use. If the hotel is justified in withdrawing from the contract, the customer has no right to compensation.
The customer is only entitled to withdraw from the contract in accordance with statutory provisions or on the basis of a contractual agreement. If, in individual cases, when the contract was concluded between mein kleinHOTEL and the customer, a date for free withdrawal from the contract was agreed in writing, the customer can only withdraw from the contract up to this date without triggering payment or compensation claims by the hotel. Otherwise, the customer is obliged to pay the agreed fee even if he does not make use of my kleinHOTEL’s services. However, the hotel has to offset the income from renting the rooms to other parties as well as the saved expenses. My kleinHOTEL is free to apply a flat rate deduction for saved expenses. In this case, the customer is obliged to pay 80% of the agreed price when booking the room with or without breakfast, 70% of the agreed price when booking the room with half board and 60% of the agreed price when booking the room with full board. The customer is free to prove that the expenses actually saved are higher.
Booked rooms are available to the customer from 2 p.m. on the agreed arrival date. The customer is not entitled to earlier availability without a separate agreement. Unless a later arrival time has been agreed in advance or the room has already been paid for in full or the hotel has been given a credit card number by the customer that allows the room price to be debited even if the customer does not show up, my kleinHOTEL has the right to postpone the booked room 6 p.m. to be given elsewhere. In this case, the customer has no claims against my kleinHOTEL.
On the agreed departure date, the rooms must be vacated and made available to the hotel by 11 a.m. at the latest. After that, my kleinHOTEL can charge EUR 50.00 for use beyond the contract up to 6 p.m. due to the delayed vacating of the room, from 7 p.m. 100% of the full accommodation price (list price) can be billed. This does not justify contractual claims by the customer. He is free to prove that my kleinHOTEL suffered no damage or a significantly lower damage. Any further possible claims for damages by mein kleinHOTEL remain unaffected. The subletting or re-letting of the room provided as well as its use for purposes other than accommodation require the prior written consent of the hotel. Should my kleinHOTEL not agree to such a subletting or re-letting, the customer does not have a right of withdrawal.
My kleinHOTEL is entitled to deny a customer access to the hotel and accommodation if the customer has a reasonable concern upon arrival that the customer is under the influence of alcohol or drugs or is abusive to the hotel staff or other customers behaves. The hotel is entitled to expel a customer from the hotel and to terminate the existing contract with him without notice if he repeatedly disturbs the quiet, annoys or insults other customers or the hotel staff.
The hotel’s no-fault liability according to § 536 a BGB is excluded. If the customer is provided with a parking space in a hotel car park, even for a fee, the hotel does not take care of the parked vehicles and items stored in them, so there is no custody contract. Accordingly, the hotel is not liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, unless the hotel caused the damage intentionally or through gross negligence. The hotel is liable to the customer for damage to other property brought in by the customer in accordance with the statutory provisions of §§ 701 BGB. Money, securities and valuables can be stored in the hotel safe. The hotel recommends that you use this option. The hotel is only liable for financial losses suffered by the customer in the event of willful intent or gross negligence. Notwithstanding this, the hotel is also liable for simple negligence in the case of financial losses, provided it culpably breached an essential contractual obligation; in this case, however, the liability for damages is limited to the foreseeable, typically occurring damage. The above limitations of liability apply to all claims for damages regardless of their legal basis. All claims against my KleinHOTEL become statute-barred one year from the beginning of the knowledge-dependent regular limitation period of § 199 Paragraph 1 BGB. Claims for damages become statute-barred after five years regardless of the knowledge of the circumstances giving rise to the claim and of the debtor. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel or a culpable injury to life, limb or health of the customer.
Changes or additions to the contract and these terms and conditions should be made in writing. The place of fulfillment and payment is the seat of the respective kleinHOTEL. The exclusive place of jurisdiction, also for check and bill of exchange disputes, is the seat of the hotel in commercial transactions. This also applies if the customer does not have a general place of jurisdiction in Germany. German law applies exclusively. The application of the UN sales law and international private law is excluded. Should individual provisions of these general terms and conditions be or become ineffective or unenforceable, this will affect the validity of the remaining provisions. In place of the ineffective or unenforceable provision, that effective and enforceable provision should come into effect whose effects come closest to the economic objective pursued by the contracting parties with the ineffective or unenforceable provision. The above provisions apply accordingly in the event that the contract turns out to be incomplete, otherwise the statutory provisions apply.
Mein kleinHOTEL KG und Franchise und Vertriebs GmbH, Nikolauskirchstr. 8, 35216 Biedenkopf .
If you have any questions, please contact us directly or DEHOGA