1. Concluding the Accommodation Agreement
The Accommodation Agreement between HM business travel GmbH (hereinafter referred to as HM business travel) and the customer is concluded when HM business travel issues a written confirmation.
2. Subject Matter of the Agreement
2.1. The customer and HM business travel conclude an Accommodation Agreement, in the form of a business or services contract, covering room and/or board and including ancillary services which HM business travel has either booked or reserved in the hotel trade in own name and at its own expense and on behalf the customer. Invoicing of remuneration to cover HM business travel’s expenditures resulting from initiating, concluding and executing such reservations/bookings on the customer’s behalf shall be settled exclusively with and/or through HM business travel.
2.2. The customer and/or guest accommodated is obliged to take occupancy of the room booked/reserved at the hotel by HM business travel under their own name and for their own account at the agreed time of arrival and for the agreed duration and to pay to HM business travel the remuneration agreed upon with HM business travel.
2.3. The extent of the services to be provided as per the Agreement is fundamentally defined by the binding booking confirmed by HM business travel. Any alterations and supplementary agreements affecting the extent of the services to be performed are valid only if confirmed in writing by HM business travel.
3. Terms of Payment
3.1. The prices agreed with the customer and charged by HM business travel are final prices which have been subject to a special provision as provided for in Section 25 of the German Turnover Tax Act (Section 306 et seq. of the Directive on the common system of value added tax) since 18 December 2019.
No tax indication for specific services is possible (Section 14a, Subsection 6 of the German Turnover Tax Act).
If any administrative instruction should show that HM business travel is not subject to margin tax as defined in Section 25 of the German Turnover Tax Act but rather to the standard VAT regime, the invoices will be corrected accordingly.
3.2. The customer shall settle by the specified due date any partial advance payments defined in HM business travel’s confirmed booking. This provision shall be deemed to have been met only if payment of the invoice amount is received by HM business travel on or before the due date. HM business travel shall issue a final invoice before the customer makes use of the services. The customer shall pay to HM business travel the invoiced amount within 10 days from receipt of the invoice.
3.3. If the customer is in arrears with an agreed partial payment or any other agreed payment liability, then HM business travel is entitled to withdraw from the Agreement and to demand compensation for damages due to non-fulfilment of the Agreement after previously granting the customer a one-week extension of the payment deadline.
3.4. We will send our invoices only by email.
4.1. If a hotelier increases the price of accommodation in rooms which have already been booked by HM business travel for the customer and confirmed accordingly, then HM business travel shall be entitled to pass on to the customer the portion of the price increase relevant to the room allotments involved, provided that the period of time between the customer’s booking and the date of the services to be rendered is greater than 4 months.
4.2. HM business travel shall inform the customer without delay of any subsequent change to
the price or any significant change in the services to be rendered. If such a price increase exceeds 15% per calendar year, then the customer shall be entitled to withdraw from the Agreement at no cost or to demand that an equivalent room be provided if it is possible for HM business travel to offer a similar service from its programme at no additional cost to the customer.
4.3. On receipt of details concerning a price increase or a significant change in the services, the customer shall without delay inform HM business travel in writing whether he wishes to withdraw from the Agreement or avail himself of the alternate offer for hotel accommodation.
5. Termination, Cancellation, Withdrawal
5.1. The customer may withdraw from the Agreement through to the scheduled start of the hotel stay (day of arrival).
5.2. The recipient shall be informed of any terminations, cancellations or withdrawals in writing. A request or demand to terminate a valid Agreement shall be deemed to be a cancellation.
5.3. If the customer withdraws from the Accommodation Agreement or fails to make use of the agreed services, then HM business travel shall be entitled to demand lump-sum cancellation fees as commensurate compensation for the bookings made and for the effort involved. The amount of the lump-sum cancellation fees shall correspond to the loss of anticipated profit, less the expenditures saved by HM business travel.
5.3.1. The lump-sum cancellation fees shall be calculated as follows for each cancellation: up to 12 months prior to the arrival date: 15% of the total price; up to 6 months prior to the arrival date: 30% of the total price; up to 3 months prior to the arrival date: 60% of the total price and thereafter 100% of the total price.
5.4. If, for reasons for which HM business travel is not responsible, the customer does not make use of the services booked or if the customer cancels the Agreement on the day on which the booking begins (arrival date), then HM business travel reserves the right to charge the entire remuneration amount.
5.5. HM business travel is entitled to cancel the Accommodation Agreement, prior to the customer’s arrival at the beginning of the period booked, without restitution and without observing any time limits, in the event that it has become impossible to render the agreed services as a result of the hotel at which HM business travel has booked accommodation on behalf of the customer having suspended business or if the hotel can not render the agreed services for reasons of force majeure (fire, storm, strike etc.) or if the hotel is unable or unwilling to render the agreed services, the latter being for reasons for which HM business travel can not be held responsible.
5.6. Should a situation arise as described in paragraph 5.5 above, HM business travel reserves the right to offer to the customer hotel accommodation of the same standard if HM business travel is in a position to offer such accommodation from its own programme at no additional cost to the customer.
5.7. Both the customer and HM business travel retain the right to exercise extraordinary cancellation, terminating the Accommodation Agreement with immediate effect for cogent reason.
5.8. Cogent reason justifying extraordinary cancellation without prior notice shall include only such situations the causes of which are due directly to the contracting parties and/or which are of such a serious nature in personal or factual respect that the party withdrawing from the Agreement cannot reasonably be expected to adhere to or continue with the Agreement after due consideration of all the circumstances and mutual interests involved. Reasons due solely to situations within the business or entrepreneurial activities of either contracting party, and in particular hindrance due to personal or business reasons, shall not justify extraordinary termination.
6. Liability, Default, Claims for Compensation, Force majeure
6.1. HM business travel shall not be held liable to their customers for an hotelier’s malfeasance, sub-standard performance or non-performance. In cases where a customer or any other person benefitting from the reservation departs prematurely the customer shall be liable to HM business travel for any resulting damages; any special terms granted to the customer (discounts for example) shall then lapse.
6.2. HM business travel shall not be held liable to a customer for damages caused by the persons used to perform its obligations, i.e. the hotelier.
6.3. This shall not apply to damage arising from loss of life and/or bodily injury or health impairment or damages caused by grossly negligent or deliberate breach of duty on the part of persons used by HM business travel to perform their obligations. HM business travel’s liability shall be limited to a sum of €50,000.00 in each individual case for claims concerning loss of life and/or injury to body or health.
6.4. If HM business travel withdraws from an Accommodation Agreement as per paragraph 5.4. and if HM business travel is unable to offer adequate accommodation or if the customer gives notice of cancellation with immediate effect for cogent reason as per paragraph 5.5., then HM business travel shall refund to the customer all payments previously remitted.
6.5. Whenever the customer concludes a booking/reservation agreement with HM business travel for himself and/or third parties (such as staff members or business associates) he shall send to HM business travel a list with the names of all the people for whom HM business travel has booked or reserved accommodation with the hotelier; this shall be done at the very latest 2 weeks prior to the arrival date (first day of the booking/reservation). Should problems arise at the hotel regarding non-occupancy or incorrect room allocation as a result of this list not having been sent on time, HM business travel shall not be held responsible to the customer for any liability whatsoever; the customer’s obligations to pay HM business travel shall be unaffected.
6.6. The customer shall forward to HM business travel any complaints regarding the hotel in writing, ensuring that such notification arrives at HM business travel’s premises within two weeks from the end of the stay at the hotel (calculated from the departure date). If the customer fails to comply with this two-week deadline, then HM business travel shall be relieved of all its guarantee commitments.
6.7 Neither party shall be liable for any loss or delay in performance resulting from any event beyond its reasonable control or influence, including but not limited to events such as war, riots, explosions, fire, natural disasters (e.g. earthquakes, tsunamis, floods, lightning strikes, storms, air pollution, political or economic sanctions, accidents, strikes (other than those of employees of the party obligated to perform), or other events beyond its reasonable control. tsunamis, floods, lightning strikes, storms), air pollution, political or economic sanctions, accidents, strikes (other than those of employees of the party obliged to perform), boycotts, sabotage, epidemics, pandemics, epidemics, compliance with applicable (mandatory) law or compliance with decisions of courts or governmental bodies such as courts, authorities and similar institutions, unless the respective Party could have prevented or mitigated such event or its consequences with an appropriate emergency or disaster preparedness plan (“HIGHER FORCE”).
6.8. A party invoking this clause shall immediately give written notice to the other party setting out the exact circumstances of the Force Majeure (“FORCE MAJEURE NOTICE”).
6.8.1. Both parties are obliged to take all reasonable measures to mitigate the effect of the Force Majeure on the performance to be rendered by the respective party, in particular the parties are obliged to promptly negotiate and agree on fair and reasonable amendments and adjustments to the Contract, in accordance with the original commercial objective and spirit thereof (“Amendment Agreement”).
6.9. Should the Parties fail to reach a Modification Agreement within 90 days of the delivery of the first Force Majeure Notice, either Party shall be entitled to terminate the Contract if the Force Majeure is still continuing and the performance under this Contract cannot be rendered; such termination shall have immediate effect. The legal consequence described in para. 1 sentence 1 shall then apply.
6.9.1. In the event of epidemics, epidemics and pandemics, the affected contracting party shall be released from the obligation to perform for the duration and to the extent of the impact of the pandemic if a risk level of at least “moderate” has been defined by the Robert Koch Institute.
7. Severability Clause, Place of Fulfilment, Court of Jurisdiction
7.1. If any of the conditions contained in these terms should be or later become invalid, then such invalidity shall not prejudice the remaining terms. The invalid condition shall be replaced by a valid condition which most closely serves the business purpose of the condition to be replaced.
7.2. The court having jurisdiction shall be that at Wuppertal in cases of litigation with registered traders, with persons who do not have a general court of jurisdiction in Germany and with persons who, after concluding the Agreement, have relocated their place of residence or habitual abode to a foreign country or whose place of residence or habitual abode is unknown at the time action is taken.
7.3. It is agreed that German law shall be applicable in all the previously mentioned disputes.