General terms and conditions
1. Scope and conclusion of the hotel room contract
These General Terms and Conditions (GTC) apply to any and all contracts concluded between Legend Hotel GmbH (hereinafter also referred to as “Legend Hotel”) and its customers concerning the provision of hotel rooms against payment for the primary purpose of accommodating individuals and concerning any goods and services provided by Legend Hotel to the customer in this context (hereinafter also referred to as the “Contract”).
The Contract is only concluded when Legend Hotel accepts the customer’s contract offer.
The customer’s general terms and conditions are excluded even if reference is made to them in booking requests or any other contract offer by the customer.
2. Availability and use of hotel rooms
Legend Hotel is under obligation to keep the number of rooms in the category selected by the customer available for the period of their booking, including any agreed additional services. The customer does acquire a right to claim specific rooms.
Legend Hotel will make rooms available to the customer from 3.00 p.m. on the agreed day of arrival. Legend Hotel has the right to make the room available to the customer at an earlier time without any obligation to do so. Legend Hotel may refuse to let the rooms until an advance payment or security deposit in accordance with Clause 6 has been made.
Subletting of rooms or the use of provided rooms for any other purpose than accommodating individuals is not permissible unless this has been expressly agreed in writing. Section 540 (1) sentence 2 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) shall not apply if the customer is not a consumer.
Should the customer wish to store cash, securities, valuables with a value exceeding 500 euros, or other items with a value exceeding 3,000 euros, this requires a separate safekeeping agreement with Legend Hotel.
The customer shall comply with any and all legislation applicable at the time of performance of the contract, including, but not limited to, the applicable Covid protections ordinance (Coronaschutzverordnung). In addition, customers must comply with Legend Hotel’s hygiene rules.
3. Payment obligations, rates, no-shows, and return of hotel rooms
The customer is obliged pay the agreed rates for the room and any other services used. The same applies to any costs of services rendered by third parties advanced by Legend Hotel. In the absence of a rate agreement, the Legend Hotel price list valid at the time of conclusion of the Contract shall apply.
Invoices are due immediately upon receipt. The customer agrees to receive the invoice via electronic means of transfer.
All rates and prices include VAT. They include any applicable taxes and local levies at the time of conclusion of the contract. However, local levies that are owed by the customer in accordance with municipal law are excluded, such as the tax for the promotion and advancement of culture (Kulturförderabgabe) charged by the City of Cologne in accordance with Article 5 of its by-laws on charging a tax for the promotion and advancement of culture dated 18 November 2014 in the version applicable at the time of conclusion of the contract.
In the event that statutory VAT is amended or local levies on the contractual services are newly introduced, amended, or abolished, Legend Hotel may adjust the rates even after the date of conclusion of the Contract. If the customer is a consumer, rates may only be adjusted if the contract was concluded at least four months before the agreed services were rendered.
Legend Hotel shall be entitled to the agreed remuneration even if the customer does not make use of the services (no-show). However, revenues from the provision of services rendered in lieu of the contractually agreed services and expenses saved are deductable. The percentages of savings that may be deducted are as follows: overnight stays including or excluding breakfast: 10 %; bookings with half board: 30 % for full-board arrangements: 40 % of the contractually agreed price. However, the customer has the right to prove that the aforementioned claim to remuneration does not exist or does not exist in the claimed amount.
On the agreed day of departure, the customer must vacate the rooms provided and return them to Legend Hotel by 12:00 noon at the latest. Should a customer fail to vacate the room by then, they shall compensate Legend Hotel for the use of the room exceeding the contractually agreed period of use with 50% of the room rate if it is vacated by 6.00 p.m. and 100% of the room rate (according to the price list) unless the customer is not responsible for the delay. However, this does not entitle the customer to a claim or constitute a contractual agreement. The customer is at liberty to prove that no or significantly lower damages have been incurred to Legend Hotel. Legend Hotel is at liberty to prove that it is entitled to a higher claim.
4. Parking spaces
Legend Hotel does not provide customer parking spaces and no rental or safekeeping agreement for parking spaces is concluded with Legend Hotel.
Insofar as Legend Hotel provides the customer with a parking space offered by a third party or the customer receives special conditions from a third party on the basis of the contract concluded with Legend Hotel, the respective rental or safekeeping agreement is concluded exclusively between the customer and third-party provider. Clause 3.1 Sentence 2 shall apply mutatis mutandis to any costs incurred.
5. Withdrawal and termination
If an advance payment or security deposit demanded in accordance with Clause 6 is not made despite a reasonable grace period, Legend Hotel shall be entitled to withdraw from the contract and, after commencement of the service provision, to terminate the Contract for cause.
Legend Hotel also has the right to withdraw from the Contract for legitimate reasons or terminate the Contract for cause, in particular in one of the following events:
5.2.1 If force majeure or other circumstances render the performance of the Contract impossible, unless Legend Hotel is responsible for these circumstances; or
5.2.2 If the execution of the contract or the conduct of the customer, which the customer does not terminate within a reasonable grace period despite warning, would jeopardises the safety or public reputation of Legend Hotel for reasons for which Legend Hotel is no responsible; or
5.2.3 If the conclusion of the Contract was based on misleading or false information that is essential to the Contract (e.g., purpose of use or person staying), unless the customer is not responsible for this; or
5.2.4 If the execution of the contract or the conduct of the customer, which the customer does not terminate within a reasonable grace period despite warning, is in breach of law; or
5.2.5 in the event of an infringement of Clauses 2.3 or 2.5, if said infringement is not terminated immediately despite a warning.
No prior warning or grace period is required under special circumstances which justify the termination after weighing the interests of both parties.
Further claims remain unaffected in each case.
6. Advance payments and security deposit
Legend Hotel may require the customer to make a reasonable advance payment or provide a security deposit, e.g., in the form of a credit card guarantee, upon conclusion of the Contract.
In justified cases, Legend Hotel shall be entitled, even after conclusion of the Contract and up to the start of the customer's stay, to demand an advance payment or security deposit within the meaning of the above Clause 6.1, or to demand an increase in the advance payment or security deposit agreed in the Contract, up to the full amount of the agreed remuneration.
Furthermore, Legend Hotel shall be entitled to demand from the customer a reasonable advance payment or security deposit within the meaning of the above Clause 6.1 at the beginning or during the customer’s stay to cover any existing or future claims arising from the Contract, unless such a payment or deposit has already been made in accordance with the above Clauses 6.1 and 6.2.
In the event of breaches of duty, Legend Hotel shall be liable for damages arising from injury to life, limb or health, and in the event of breaches of warranty, unless Legend Hotel is not responsible for such breaches. In addition, Legend Hotel shall be liable for any other damages incurred by an intentional or grossly negligent breach of duty on the part of Legend Hotel, as well as for any foreseeable damage that is caused by a negligent failure by Legend Hotel to fulfil cardinal obligations. Cardinal obligations are obligations that are essential to the Contract, i.e., obligations that make the proper performance of the contract possible in the first place, and on the fulfilment of which the customer may rely. Damage is deemed foreseeable if Legend Hotel foresaw that a breach of Contract could potentially lead to such damage at the time of conclusion of the Contract or should have foreseen this by exercising due care. Further claims for damages by the customer are excluded.
8. Jurisdiction, place of performance and applicable law, dispute resolution, severability clause
If the customer is a businessperson (Kaufmann) as per the German Commercial Code, a legal entity under public law, or a special fund under public law, the sole place of jurisdiction shall be Cologne. If the customer fulfils the requirements stipulated in Article 38 Paragraph 2 of the German Code of Civil Procedure (Zivilprozessordnung, ZPO) and has no general place of jurisdiction in Germany, Cologne shall be the exclusive place of jurisdiction. Cologne is also the place of performance and payment.
This Contract is governed by the law of the Federal Republic of Germany. Application of the UN Convention on Contracts for the International Sale of Goods and the Conflict of Laws is excluded.
Legend Hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes: http://ec.europa.eu/consumers/odr/. However, Legend Hotel does not participate in dispute resolution proceedings before consumer arbitration boards.
Should an individual provision of the Contract be or become ineffective, this shall not affect the remainder of the Contract. The same applies in the event of an unintentional gap in its provisions.