GENERAL TERMS AND CONDITIONS
TABLE OF CONTENTS
1 SCOPE
2 CONCLUSION OF CONTRACT, PARTNERS, STATUTE OF LIMITATIONS
3 SERVICES, PRICES, PAYMENT, OFFSETTING
4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION, CANCELLATION) /
NON-USE OF THE HOTEL’S SERVICES (NO SHOW)
5 CANCELLATION BY THE HOTEL
6 ROOM PROVISION, HANDOVER AND RETURN
7 LIABILITY OF THE HOTEL
8 FINAL PROVISIONS
GENERAL TERMS AND CONDITIONS
1 SCOPE
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services in this context for the customer and deliveries of the hotel (hotel accommodation contract).
The term “hotel accommodation contract” includes and replaces the following terms:
Accommodation, guest accommodation, hotel, hotel room contract.
1.2 The subletting or subletting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived, unless the customer is a consumer within the meaning of § 13 BGB.
1.3 General terms and conditions of the customer shall only apply if this has been expressly agreed in writing in advance.
2 CONCLUSION OF CONTRACT, PARTNERS, STATUTE OF LIMITATIONS
2.1 The contractual partners are the hotel and the customer. The contract is concluded by the acceptance of the customer’s request by the hotel. The hotel is free to confirm the room booking in text form.
2.2 All claims against the hotel shall in principle become statute-barred one year after the statutory commencement of the limitation period.
This does not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3 SERVICES, PRICES, PAYMENT, OFFSETTING
3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by him. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and dissent by the hotel.
3.3 The agreed prices are inclusive of those at the time of conclusion of contract applicable taxes and local duties. Not included are local taxes that are owed by the guest himself according to the respective municipal law, such as tourist tax.
In the event of a change in the statutory value added tax or the introduction, modification or abolition of local taxes on the object of performance after conclusion of the contract, the prices will be adjusted accordingly.
In the case of contracts with consumers, this only applies if the period between conclusion of the contract and fulfilment of the contract exceeds four months.
3.4 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the service of the hotel or the length of stay of the customer requested by the customer dependent on the fact that the price for the rooms and/or for the other services of the hotel increases appropriately.
3.5 Invoices of the hotel are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment must be made without deduction within ten days of receipt of the invoice – unless otherwise agreed.
3.6 The hotel is entitled, upon conclusion of the contract, to have the customer provide an appropriate advance payment or security, for example in the form of a credit card guarantee.The amount of the advance payment and the payment dates can be agreed in the contract in text form. In the case of advance payments or security services for package holidays, the statutory provisions remain unaffected. In the event of default of payment by the customer, the statutory provisions shall apply.
3.7 In justified cases, for example arrears of payment by the customer or extension of the scope of the contract, the hotel is entitled to demand an advance payment or security deposit within the meaning of Section 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration even after conclusion of the contract until the beginning of the stay.
3.8 The hotel is also entitled to demand from the customer at the beginning and during the stay an appropriate advance payment or security deposit within the meaning of Section 3.6 above for existing and future claims arising from the contract, unless such payment has already been made in accordance with Section 3.6 and/or Section 3.7 above.
3.9 The customer can only offset or offset against a claim of the hotel against an undisputed or legally binding claim.
3.10 The customer agrees that the invoice can be sent to him electronically.
4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION, CANCELLATION) /
NON-USE OF THE HOTEL’S SERVICES
(NO SHOW)
4.1 A withdrawal of the customer from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract.
4.2 If an appointment for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract until then without triggering payment or compensation claims of the hotel.
4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if the hotel agrees to a
If the contract is not voided, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel has to offset the income from other rental of the rooms as well as the saved expenses. If the rooms are not rented elsewhere, the hotel can flat-rate the deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast as well as for package arrangements with external services, 70% for half board and 60% for full board arrangements. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the required amount.
5 CANCELLATION BY THE HOTEL
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right to withdraw from the contract upon request of the hotel with a reasonable deadline. This shall apply mutatis mutandis if an option is granted if there are other requests and the customer is not prepared to make a fixed booking upon request of the hotel with a reasonable deadline.
5.2 If an advance payment or security deposit agreed or required in accordance with Section 3.6 and/or Section 3.7 is not made even after expiry of a reasonable grace period set by the Hotel, the Hotel shall also be entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if:
- force majeure or other circumstances for which the hotel is not responsible make fulfullment of the contract impossible;
- rooms are booked culpably under misleading or false information or concealment of essential facts; the identity of the customer, the solvency or the purpose of the stay may be essential;
- the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth business operations, security or reputation of the hotel in public, without this being attributable to the control or organizational area of the hotel;
- the purpose or reason for the stay is unlawful;
- there is a violation of the above-mentioned section 1.2.
5.4 The justified withdrawal of the hotel does not give rise to any claim by the customer for damages.
6 ROOM PROVISION, HANDOVER AND RETURN
6.1 The customer does not acquire any claim to the provision of certain rooms, unless this has been expressly agreed in text form.
6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier provision.
6.3 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, due to the delayed evacuation of the room, the hotel may charge 50% of the full accommodation price (price according to the price list) for its use beyond the contract until 6:00 p.m., from 6:00 p.m. 90%. Contractual claims of the customer are not justified by this. He is free to prove that the hotel has no or a significantly lower claim to a usage fee.
7 LIABILITY OF THE HOTEL
7.1 The hotel is liable for damages for which it is responsible resulting from injury to life, limb or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent violation of typical contractual obligations of the hotel. Typical contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on the fulfillment of which the customer trusts and may rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in this Section 7. Should disturbances or defects occur in the services of the hotel, the hotel will endeavour to remedy the situation upon knowledge or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to him in order to remedy the disruption and to keep possible damage to a minimum.
7.2 The hotel is liable to the customer for items brought in in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer wishes to contribute money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
7.3 Insofar as the customer is provided with a parking space in the hotel garage or in the hotel car park, also for a fee, this does not constitute a custody contract. In the event of loss or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, the hotel shall only be liable in accordance with the above clause 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages for customers are treated with care. After prior agreement with the customer, the hotel can take over the acceptance, storage and – on request – the forwarding of mail and consignments of goods for a fee. The hotel is only liable in accordance with the above clause 7.1, sentences 1 to 4.
8 FINAL PROVISIONS
8.1 Changes and additions to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions are ineffective.
8.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for cheque and bill of exchange disputes – in commercial transactions is Pfronten / Amtsgericht Kempten. If the customer fulfils the requirement of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Kempten.
8.3 German law shall apply. The application of the UN Sales Law is excluded.
8.4 In accordance with the legal obligation, the Hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (“ODR Platform”): http://ec.europa.eu/consumers/odr/
However, the hotel does not participate in dispute resolution proceedings before consumer arbitration bodies.