Book
Book now
The hotel
Jan Wellem
Philosophy
Living room
History
Location
Gallery
Accommodations
Studio
Business Suite
Studio Suite
Executive Suite
Terrace Art Suite
THE WELLEM Suite
Presidential Suite
Gastronomy
THE WELLEM Bar
Pitti
Mutter Ey Café
Mbassy by Franks
Le Cou Cou
Stateroom
Art & Culture
Pictures
Sculptures
New Sculpture Park
Action Blue
Art Concierge
Packages
Living & Art
Curated
Dining
Christmas
Events
Impressions
Salon
Gallery
Mutter Ey
Stateroom
Boardrooms
Cruise ship
Contact
Directions

General terms and conditions of business

I. Scope of application

  1. These General Terms and Conditions apply to contracts for the rental of hotel rooms
    for accommodation, as well as all other services and deliveries provided by the hotel for
    the customer.
  2. These General Terms and Conditions shall apply exclusively. The hotel does not
    recognize any conflicting, deviating or supplementary terms and conditions of the
    customer, unless the hotel has expressly agreed to their validity in writing. These General
    Terms and Conditions shall also apply if the hotel performs the services to the customer
    without reservation in the knowledge of the customer’s terms and conditions.

II. Conclusion of contract

  1. The contract is concluded by the hotel’s acceptance of the customer’s application. The
    hotel is free to confirm the room booking in writing.
  2. The subletting or reletting of the rooms provided as well as their use for purposes
    other than accommodation require the prior written consent of the hotel.
  3. If a third party makes the booking for the customer, he is liable to the hotel as the
    orderer together with the customer as joint and several debtors.

III. Services, prices, payment, set-off

  1. The hotel is obliged to keep the rooms booked by the customer ready and to provide
    the agreed services.
  2. The customer is obligated to pay the applicable or agreed prices of the hotel for the
    provision of the room and the other services used by the customer. This also applies to
    services and expenses of the hotel to third parties arranged by the customer.
  3. The hotel may make its consent to a subsequent reduction requested by the customer
    in the number of rooms booked, the hotel’s service or the customer’s length of stay
    conditional on an increase in the price for the room(s) and/or for the hotel’s other
    services. A change agreement requires the written form.s to third parties.
  4. The agreed prices include the respective statutory value added tax. Should the VAT
    rate applicable to the contractual services in each case increase or decrease after
    conclusion of the contract, the prices shall be adjusted accordingly. If the period between
    the conclusion of the contract and the fulfillment of the contract according to the
    contractual agreements exceeds one year and if the price generally charged by the hotel
    for such services increases, the hotel may increase the contractually agreed price
    appropriately, but by no more than 5%. The hotel is entitled to increase the prices if
    municipal taxes (cultural promotion tax, tourist tax, etc.) are levied on the
    accommodation. The price increase is limited to the cost of the above-mentioned levies.
  5. The hotel’s invoices are – unless other payment terms have been expressly agreed –
    due for payment 10 days after invoicing, without any deductions. The hotel is entitled to
    declare accrued claims due at any time and to demand immediate payment. In the event
    of late payment, the hotel shall be entitled to charge interest on arrears at a rate of 10%
    above the prime rate for companies and 5% above the prime rate for consumers. The
    hotel reserves the right to prove higher damages.
  6. The hotel is entitled to demand a reasonable advance payment or security in the form
    of a credit card guarantee or similar from the customer upon conclusion of the contract.
    If an advance payment is not made within the agreed period, the hotel may withdraw
    from the contract and demand compensation.
  7. In justified cases (e.g., payment arrears on the part of the customer or expansion of the
    scope of the contract), the hotel is entitled to demand an increase in the advance
    payment agreed in the contract or an increased security deposit in the amount of the
    expected accommodation costs.
  8. The hotel is also entitled to demand a reasonable advance payment or a security
    deposit from the customer at the beginning of and during the stay, insofar as such a
    deposit has not already been provided in accordance with the above provisions.
  9. The customer may only offset or reduce a claim of the hotel with an undisputed or
    legally binding claim.

IV. Room provision, room handover and room return

  1. The customer does not acquire any right to the provision of certain rooms, unless this
    has been expressly agreed in text form.
  2. Booked rooms are available to the customer from 15:00 on the day of arrival.
    The customer has no right to earlier provision. Guests arriving before 15:00 may
    occupy their rooms as early as possible, subject to availability.
  3. On the agreed day of departure, the rooms must be vacated and made
    available to the hotel by 12:00 noon at the latest. Thereafter, the hotel may
    charge 50% of the agreed room rate for additional use of the room until 6:00
    p.m., and 100% from 6:00 p.m. onwards. Any further claims for damages by the
    hotel remain reserved. The customer can deposit his luggage in the luggage room
    until departure.

V. Cancellation and Noshow

  1. Withdrawal of the customer from the accommodation contract requires the prior
    written consent of the hotel. Without an agreement of the hotel, the customer is obliged
    to pay 100% of the contractually agreed price for overnight stay with or without
    breakfast in case of unused rooms. The customer is free to prove that the above claim
    did not arise or did not arise in the amount claimed.
  2. If the hotel and the customer have agreed on a date for withdrawal from the contract
    free of charge, the customer may withdraw from the contract until then without
    triggering payment or damage claims by the hotel. The customer’s right of withdrawal
    expires if he does not exercise his right of withdrawal towards the hotel by the agreed
    date.
  3. Services provided by third parties or special services (e.g., cakes, flowers, etc.) that
    become useless as a result of the cancellation must be paid for in full by the customer.

VI. Withdrawal of the hotel

  1. If the customer’s right to withdraw free of charge within a certain period has been
    agreed, the hotel is also entitled to withdraw from the contract during this period if there
    are requests from other customers for the contractually booked rooms.
  2. If an agreed advance payment or an advance payment requested on the basis of these
    General Terms and Conditions is not made in due time, the hotel is also entitled to
    withdraw from the contract. In addition, the hotel may assert claims for damages against
    the customer.
  3. The hotel is entitled to withdraw from the contract with immediate effect if, for
    example:
  • force majeure and other circumstances beyond the hotel’s.
  • rooms and rooms are culpably booked with misleading or false information about
    facts essential to the contract, e.g. the person of the customer or the purpose of
    his stay.
  • the hotel has reasonable grounds to believe that the use of the hotel service will
    disrupt smooth business operations or may jeopardize the hotel’s security or
    reputation in public, without this being attributable to the hotel’s sphere of control
    or organization.
  • the purpose or reason for the stay is unlawful.
  • there is a violation of II. 2. of these General Terms and Conditions.
  • the hotel will be closed.

VII. Liability of the hotel

  1. The hotel is liable for its obligations under the contract. Claims of the customer for
    damages are excluded. Excluded from this are damages from injury to life, body or
    health, if the hotel is responsible for the breach of duty, other damages based on an
    intentional or grossly negligent breach of duty by the hotel and damages based on an
    intentional or negligent breach of typical contractual obligations of the hotel. A breach of
    duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious
    agent. In the event of disruptions or deficiencies in the hotel’s services, the hotel will
    endeavor to remedy the situation as soon as it becomes aware of them or upon the
    customer’s immediate complaint. The customer is obligated to contribute what is
    reasonable to him in order to remedy the disruption and to keep any possible damage as
    low as possible.
  2. The hotel is liable for brought in things according to the legal regulations. Money,
    securities and valuables can be stored in the room safe. The hotel recommends to make
    use of this possibility.
  3. Insofar as a parking space is made available to the customer in the hotel garage or in a
    hotel parking lot, even for a fee, this does not constitute a safekeeping contract. In the
    event of loss or damage to motor vehicles parked or maneuvered on the hotel property
    and their contents, the hotel shall not be liable, except in cases of intent or gross
    negligence. For the exclusion of the customer’s claims for damages, the provisions
    pursuant to VII 1. of these General Terms and Conditions shall apply accordingly.
  4. Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and
    merchandise shipments for the guests are handled with care. The hotel shall undertake
    the delivery, safekeeping and – upon request – forwarding of the same against payment.
    VII 1 of these General Terms and Conditions shall apply accordingly to the exclusion of the
    customer’s claims for damages.
  5. All claims against the hotel are generally subject to a limitation period of one year from
    the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB.
    Claims for damages are subject to a limitation period of five years from the time of the
    damaging event, irrespective of knowledge. The reductions in the statute of limitations do
    not apply to claims based on an intentional or grossly negligent breach of duty by the hotel
    or its vicarious agents or injury to life, limb or health.

VIII. Closing Provisions

  1. Any amendments or supplements to these General Terms and Conditions for
    accommodation at The Wellem Düsseldorf, operated by Frankonia Hospitality GmbH,
    must be made in writing. Written form requirement. Unilateral amendments or
    supplements by the customer are invalid.
  2. Place of performance and payment is Düsseldorf.
  3. The exclusive place of jurisdiction – also for disputes relating to checks and bills of
    exchange – in commercial transactions shall be Düsseldorf. If a contractual partner fulfills
    the prerequisite of § 38 para. 2 ZPO (German Code of Civil Procedure) and has no general
    place of jurisdiction in Germany, the place of jurisdiction shall be Düsseldorf.
  4. German law shall apply exclusively. The application of the UN Convention on
    Contracts for the International Sale of Goods and the conflict of laws is excluded.
  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. In all other respects, the statutory provisions shall apply.
The Wellem Düsseldorf Logo weiß.
The Wellem Düsseldorf logo white.