General – Scope Of Application
The following General Terms and Conditions apply to all business relations between us (the Pacmeo UG, Willbeckerstrasse 61, 40699 Erkrath, Germany) and the customer. Binding version of the contract is the one that is valid at the time of the conclusion of the contract
A consumer within the meaning of these General Terms and Conditions are the customers, that are considered consumers according to § 1 of Consumer Protection Act. A business entity within the meaning of these General Terms and Conditions are the customers, that are considered business entities according to § 1 of Consumer Protection Act.
Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if acknowledged, unless their validity is expressly agreed in writing.
These Terms and Conditions apply to all contracts for the rental use of hotel rooms for lodging purposes, as well as all the customers or users of further provided services and supplies of Pacmeo or its providers, unless different agreements have been made in separate contracts. The user that has logged-in to the Hotel will be considered as a customer of the Hotel services provided.
The subletting or re-letting of the reserved rooms and their use for purposes other than accommodation requires the prior written consent from Pacmeo
Terms and Conditions of the customer only apply if this was previously agreed in written form
The conclusion of Contract, Parties, Liability; Statute of Limitations
The hotel accommodation contract is concluded by the acceptance of the customer’s application by Pacmeo. Pacmeo is free to confirm the room booking in writing to the customer.
Contract partners are Pacmeo and the customer, wherein the provider can be a third party. If a third party orders for the customer, it is liable as a representative without power of representation until there is an effective authorization or subsequent approval by the customer himself
The liability of the Pacmeo is limited to intentional or grossly negligent breach of duty. In the case of slightly negligent breach of contractual secondary obligations as well as intentional or grossly negligent breaches of duty by simple vicarious agents, the liability is limited to the amount of the contractually agreed rent. Liability for damage to health, body or life remains unaffected. The limitation period for all customer claims is one year from the statutory limitation period, but not later than five years from the end of the year in which the claim arose. Claims for intent as well as claims for damages resulting from injury to life, body or health remain unaffected.
Service, Price, Payment and Billing
Pacmeo and their providers are obliged to make ready the booked rooms and to render the agreed services.
The customer is obliged to pay for the rooms provided and to pay applicable or agreed prices of Pacmeo for other services used by him.
The agreed prices include the applicable statutory value- added tax. As far as between the agreement (reservation / contract) and the performance of the hotel, changes of the value added tax or the fiscal charges of the hotel enterprise e.g. cultural royalties for accommodation, bed tax, etc. are collected, the prices are increased according to this addi- tional levy, without the need for any additional agreement between the parties
The agreed price can be changed by Pacmeo, if the cus- tomer subsequently wishes changes in the number of rooms booked, hotel services or length of stay, and Pacmeo or its service provider agrees.
Only bookings are offered / accepted for which the period of validity does not exceed 3 months in the future.
Invoices of Pacmeo are to be paid at the customer’s order however, depending on the agreed payment method. Pac- meo can decide to what extent the payments should be made only at check-out.
In the event of late payment, Pacmeo is entitled to charge interest at five percentage points above the base rate, or eight percentage points above the base rate if the customer is a business entity. The customer reserves the proof of a non-incurred or significantly lower substantial damage by Pacmeo or its service providers.
Customer Withdrawal (Cancellation, Annulment)
The withdrawal of the customer from the hotel contract requires the written consent of Pacmeo. If this is not the case, the contractually agreed price must be paid even if the customer does not make use of contractually agreed services. Cancellation rights of the customer remain unaffected because of Pacmeo or its service provider for breach of duty.
An approval is not required if a date was agreed to cancel the contract between Pacmeo and the customer, and the customer exercises his right of withdrawal on time and in writing in relation to Pacmeo. After the date of the right for withdrawal expires. Crucial for the timeliness of the withdrawal is the receipt of the customer’s declaration at Pacmeo.
If the consent is not given or the withdrawal is not exercised in time, the hotel is at liberty to charge the incurred damage to be compensated by the customer. In such a case, the customer is required to pay 80% of the contractually agreed total price. The customer is free to prove that no damage has occurred or that the damage incurred by the hotel is lower than the required lump sum
Pacmeo’s Withdrawal
If a right of withdrawal of the customer within a certain period has been agreed in writing, Pacmeo is in this period for his part entitled to withdraw from the contract, if inquiries from other customers to the contracted rooms are available and the customer on inquiries of the hotel against this to his right to resign waived.
Furthermore, Pacmeo is entitled to withdraw from the contract for an objectively justified reason or to terminate it without notice, especially if:
Pacmeo must immediately inform the customer of the exercise of the right of withdrawal.
In the case of justified withdrawal of Pacmeo, no claim of the customer for damages arises.
Incidentally, the liability claims are limited to three times the price of a booked overnight stay.
Room Provision, Handover and Return
The customer does not acquire the right to the provision of certain rooms, unless they have been expressly promised in writing.
Booked rooms are available to the customer from 3 pm on the agreed arrival day. Customer is not entitled to prior delivery unless expressly agreed to by Pacmeo.
On the agreed departure day, rooms must be vacated by Pacmeo or its service provider at no later than 12:00, unless otherwise expressly agreed. Thereafter, Pacmeo may charge 50% of the full price for the additional use of the room up to 18.00 o’clock (list price) beyond the damage it incurs, and from 18.00 o’clock 100%. The customer is free to prove that there had been no damage or damage to the hotel is significantly lower
Liability of Pacmeo
If any malfunctions or defects in the services of Pacmeo or its service providers occur, Pacmeo or its service provider will endeavor to remedy the situation if the customer knows or is promptly notified. The customer is obligated to contribute reasonable things to remedy this fault and minimize possible damage.
Pacmeo 15. August 2018