General Terms and Conditions for the Hotel Accommodation Contract
I. Scope of application
1. These terms and conditions (hereinafter referred to as ‘GTC’) apply to hotel accommodation contracts (hereinafter referred to as ‘contract’) as well as all other services and deliveries provided by the hotel for the guest.
2. Deviating provisions, even if they are contained in the general terms and conditions of the guest or the customer, shall not apply unless they are expressly recognised by the hotel in writing.
II. Conclusion of contract
1. Upon a booking enquiry by the guest, a contract is concluded with a corresponding booking confirmation from the hotel.
2. The contractual partners are the hotel and the guest. If a third party makes the booking on behalf of the guest, he shall be liable to the hotel as the ordering party together with the guest as joint and several debtors for all obligations arising from the contract. Irrespective of this, each customer is obliged to pass on all relevant information, in particular these GTC, to the guest.
III. Services, prices, payment
1. The hotel is obliged to keep the rooms booked by the guest available in accordance with these GTC and to provide the agreed services.
2. The guest is obliged to pay the hotel's applicable or agreed prices for the provision of the room and the other services used by him.
3. The agreed prices include the respective statutory value added tax.
4. Invoices of the hotel are payable immediately upon receipt without deduction. In the event of late payment, the hotel is entitled to charge consumers interest on arrears at a rate of 5 % above the base rate and to charge commercial guests or customers interest on arrears at a rate of 8 % above the base rate. The hotel may charge a reminder fee of € 5.00 for each reminder after default has occurred.
5. The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and its due date may be agreed in writing in the contract. Furthermore, the Hotel shall be entitled to demand immediate payment of any accounts receivable accrued during the Guest's stay at the Hotel by issuing an interim invoice. The Guest may only offset claims that are undisputed or have been recognised by declaratory judgement.
IV. Withdrawal by the guest, cancellation
The hotel grants the guest a right of cancellation at any time. The following provisions apply:
1. In the event that a guest cancels the booking, the hotel shall be entitled to reasonable compensation. The hotel may choose to charge the guest a cancellation fee instead of a specifically calculated compensation. The cancellation fee shall amount to at least 80% of the contractually agreed price for all overnight stays. In individual cases, in particular for bookings for overnight stays on trade fair dates, a cancellation fee of 100% can be agreed individually.
2. The above provisions on compensation shall apply accordingly if the guest does not make use of the booked room or the booked services without notifying us of this in good time. Special deadlines for timely notification of the no-show can be agreed individually.
3. If the hotel has granted the guest a deadline for timely cancellation in the contract, the hotel is not entitled to compensation if the cancellation is made within this period. The guest must declare the cancellation in writing. Decisive for the timeliness of the cancellation is its receipt by the hotel.
V. Cancellation by the hotel
1. If an agreed advance payment or security deposit is not made within a period set for this purpose, the hotel shall be entitled to withdraw from the contract.
2. Furthermore, the hotel is entitled to withdraw from the contract for good cause.
3. The hotel must inform the guest immediately in writing of the exercise of the right of cancellation.
4. In the aforementioned cases of cancellation, the guest shall not be entitled to claim damages.
VI. Arrival and departure
1. The guest does not acquire any claim to the provision of specific rooms, unless the hotel has confirmed the provision of specific rooms in writing. Booked rooms are available to the guest from 15:00 on the agreed day of arrival. The guest is not entitled to earlier availability.
2. Booked rooms must be occupied by the guest by 11:00 a.m. on the agreed day of arrival at the latest. Unless a later arrival time has been expressly agreed, the hotel has the right to allocate booked rooms to other guests after 11.00 p.m. without the guest being able to derive any claims for compensation from this. The hotel is entitled to a right of cancellation in this respect.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest. After this time, the hotel may charge the full daily room rate for the additional use of the room until 6.00 p.m. in addition to any damage incurred by the hotel as a result.
VII. Liability of the hotel, statute of limitations
1. If the guest culpably fails to notify the hotel of a defect, there shall be no entitlement to a reduction in the contractually agreed remuneration.
2. The hotel shall only be liable for other damages caused by slight negligence if these are attributable to the breach of a material contractual obligation in a manner that jeopardises the purpose of the contract. In such cases, liability shall be limited to the foreseeable damage typical for the contract.
3. In the case of other damages, the liability of the hotel is furthermore limited for each individual case of damage and all cases of damage arising from and in connection with the contractual services to a maximum amount of € 500,000 for property damage and to a maximum of € 100,000 for financial losses.
4. The above limitations of liability shall apply to all claims for damages regardless of their legal basis, including claims arising from unauthorised action. The above limitations of liability shall also apply in cases of any claims for damages by a guest against employees or vicarious agents of the hotel.
5. The hotel shall be liable to the guest for items brought into the hotel in accordance with the statutory provisions. For valuables, this liability is limited to € 800. Money and valuables stored in the hotel safe are insured up to a maximum value of € 5,000.
6. The liability claims expire if the guest does not notify the hotel immediately after becoming aware of the loss, destruction or damage.
7. Claims for damages by the guest shall expire at the latest two years from the time at which the guest becomes aware of the damage or, irrespective of this knowledge, at the latest three years from the time of the damaging event. This does not apply to liability for damages resulting from injury to life, limb or health or for other damages resulting from an intentional or grossly negligent breach of duty by the hotel, a legal representative or vicarious agent of the hotel.
VIII. Final provisions
1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.
2. Place of fulfilment and payment is the registered office of the hotel.
3. The exclusive place of jurisdiction - also for disputes relating to cheques and bills of exchange - in commercial transactions is the registered office of the hotel or, at the hotel's discretion, Sidi Amara, Marrakesh, Morrocco. If a contractual partner does not have a general place of jurisdiction in Morrocco, the place of jurisdiction shall be the hotel's registered office. However, the hotel is also entitled to bring actions and other legal proceedings at the guest's general place of jurisdiction.
4. The law of the Kingdom of Morrocco shall apply.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.
Status: December 2024