General Terms and Conditions for the Hotel Accommodation Contract
Scope
I. These General Terms and Conditions apply to contracts for the leasing of hotel rooms for accomodation, as well as all other services and deliveries of the hotel provided to the customer.
II. Only these General Terms and Conditions apply. 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 also apply if the hotel carries out the services to him without reservation, knowing the terms and conditions of the customer.
The general conditions are as follows:
1. Conclusion, partnership, commitment
I. 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 writing.
II. The subletting or re-letting of the provided rooms as well as their use for purposes other than accommodation require the prior consent of the hotel.
III. If a third party makes the booking for the customer, he is liable to the hotel as the purchaser together with the customer as joint debtor.
2. Services, prices, payment, offsetting
I. The hotel is obliged to keep the rooms reserved by the customer available and to provide the agreed services.
II. The customer is obliged to pay the applicable or agreed hotel prices for the room rental and the other services used by him. This also applies to services provided by the customer and expenses of the hotel to third parties.
III. The hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel's service or the length of stay of the customer depending on the price of the room (s) and / or the hotel's other services being increased , An amendment agreement must be made in writing.
IV. The agreed prices include the respective statutory value added tax. If the VAT rate to be applied to the contractual services increases or decreases after conclusion of the contract, the prices will be adjusted accordingly. If the period between the conclusion of the contract and the performance of the contract exceeds four months and the price generally charged by the hotel for such services increases, it may increase the contractually agreed price appropriately, but not by more than 5%.
V. The hotel is entitled to increase the prices if local taxes (cultural tax, visitor's tax, etc.) are charged on the accommodation. The price increase is limited to the cost of the above taxes.
VI. The bills of the hotel are - unless other terms of payment have been agreed - immediately upon receipt of the invoice, without any deduction payable. The hotel is entitled to make any accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to demand default interest of 10% for businesses and 5% above the base rate for consumers. The hotel reserves the right to prove higher damages.
VII. In justified cases (eg payment arrears of the customer or extension of the contract scope) the hotel is entitled to demand an increase of the advance payment agreed in the contract or an increased security deposit in the amount of the expected accommodation costs.
VIII. The hotel is further entitled to demand a reasonable advance payment or a security deposit from the customer at the beginning and during the stay, insofar as such has not already been provided in accordance with the above provisions.
IX. The customer can offset or reduce only with an undisputed or legally enforceable claim against a claim of the hotel.
3. Cancellation of the customer (cancellation)
I. A resignation of the customer from the accommodation contract requires the prior written consent of the hotel. Without the consent of the hotel, the customer is required to pay 90% of the contractually agreed price for accommodation with or without breakfast in unused rooms. The customer is free to prove that the above claim has not arisen or not in the required amount.
II. If an appointment for a free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract until then, without triggering payment or damage claims of the hotel. The customer's right of withdrawal expires if he does not exercise his right to rescind the hotel by the agreed date.
III. Services provided by third parties or special services (eg tarts, flowers, etc.) which become useless as a result of the cancellation are to be paid in full by the customer.
4. Resignation of the hotel
I. If a free right of withdrawal of the customer has been agreed within a certain period, the hotel is also entitled during this period to withdraw from the contract, if inquiries from other customers for the contractually booked rooms are available.
II. If an agreed advance payment or an advance payment requested on the basis of these General Terms and Conditions is not made on time, the hotel is also entitled to withdraw from the contract. In addition, the hotel can assert claims for damages against the customer.
III. The hotel is entitled to rescind the contract with immediate effect if, for example
- force majeure or other circumstances for which the hotel is not responsible make fulfillment of the contract impossible;
- Rooms and rooms culpably under misleading or false statement of essential contractual facts, eg. B. the person of the customer or the purpose of his stay, are booked;
- the hotel has justified cause to believe that the use of hotel services may jeopardize the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization;
- the purpose or occasion of the stay is unlawful;
- there is a violation of II. 2. of these General Terms and Conditions;
- the hotel is closed;
- the customer has made the affidavit;
- insolvency or settlement proceedings are opened on the assets of the customer.
5. Room preparation, handover and return
I. The customer acquires no claim to the provision of certain rooms, unless this has been expressly agreed in writing.
II. Booked rooms are available to the customer from 15:00 on the day of arrival. The customer is not entitled to an earlier provision. Guests arriving prior to 15:00 may be able to move in as early as possible, subject to availability.
III. On the agreed departure day, the rooms must be vacated at the latest by 12 noon. Thereafter, the hotel may charge an additional EUR 100 for the additional use of the room until 18:00, and 100% from 18:00. Any further claims for damages of the hotel are reserved. The customer can deposit his luggage in the luggage compartment until departure.
6. Liability of the hotel
I. The hotel is liable for its obligations under the contract. Customer claims for compensation are excluded. This does not apply to damage resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damages based on intentional or grossly negligent breach of duty by the hotel and damages due to willful or negligent violation of the law contractual obligations of the hotel. A breach of duty of the hotel is equal to that of a legal representative or vicarious agent. Should faults or deficiencies in the services of the hotel occur, the hotel will endeavor, from the knowledge or immediate promptness of the customer, to take remedial action. The customer is obliged to contribute to what is reasonable to remedy the incident and to minimize any possible damage.
II. The hotel is liable for items brought in accordance with the statutory provisions. Money, securities and valuables can be stored in the hotel safe or room safe. The hotel recommends that you use this option.
III. Insofar as the customer is provided with a parking space in the hotel garage or on a hotel car park, also for a fee, no custody agreement is concluded. The hotel is not liable for loss of or damage to vehicles parked or shunted on the hotel property and their contents, except in case of intent or gross negligence. For the exclusion of claims for damages of the customer, the provisions in accordance with. VII 1. of these terms and conditions.
IV. Wake-up calls are carried out by the hotel with the utmost care. For the exclusion of the customer's claims for damages VII VII 1. of these General Terms and Conditions applies accordingly. Messages, mail and merchandise for guests are treated with care. The hotel will take over the delivery, storage and - if desired - for a fee the forwarding of the same.
V. All claims against the hotel expire in principle one year from the beginning of the knowledge-dependent regular limitation period of § 199 paragraph 1 BGB. Claims for damages become statute-barred in five years from the time of the damaging event. The limitation periods do not apply to claims based on intentional or grossly negligent breach of duty by the hotel or its vicarious agents or injury to life, limb or health.
7. Final provision
I. Amendments or supplements to these general terms and conditions for accommodation in Bergwiesenglück must be made in writing. This also applies to the lifting of the writing requirement. Unilateral changes or additions by the customer are invalid.
II. Place of fulfillment and payment is lake.
III. Exclusive jurisdiction - also for check and Wechselstreitigkeiten - is in the commercial traffic See. If a contracting party fulfills the requirements of § 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is See.
IV. German law applies exclusively. The application of the UN sales law and conflict of laws is excluded.
V. If individual provisions of these General Terms and Conditions for Hotel Accommodation are or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.