General Terms and Conditions
for the hotel accommodation contract (AGBH 8.0)
1 SCOPE OF APPLICATION
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: Accommodation Contract, Guest Accommodation Contract, Hotel Contract, Hotel Room Contract.
1.2 The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the official consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer within the meaning of § 13 BGB.
1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in advance in text form.
2 CONCLUSION OF CONTRACT, CONTRACTUAL PARTNERS, STATUTE OF LIMITATIONS
2.1 The contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer's application by the hotel. The hotel is free to confirm the room booking in text form.
2.2 All claims against the hotel are generally subject to a limitation period of one year from the commencement of the statutory limitation period. This does not apply to claims for damages and other claims, insofar as 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 the hotel's prices 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 disbursed by the hotel.
3.3 The agreed prices include all taxes and local charges applicable at the time the contract is concluded. Not included are local taxes which are owed by the guest according to the respective municipal law, such as visitor's tax. In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the subject matter of the service after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion and fulfillment 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 hotel's services or the length of the customer's stay requested by the customer dependent on a reasonable increase in the price for the rooms and/or for the hotel's other services.
3.5 Hotel invoices 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 to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. If the customer is in default of payment, the statutory provisions shall apply.
3.7 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract up to the start of the stay, to demand an advance payment or security deposit within the meaning of clause 3.6 above or an increase in the advance payment or security deposit agreed in the contract until fulfillment of the agreed remuneration.
3.8 Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit within the meaning of Section 3.6 from the customer at the beginning and during the stay for existing and future claims arising from the contract, insofar as such has not already been made in accordance with Section 3.6 and/or Section 3.7.
3.9 The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the hotel.
3.10 The customer agrees that the invoice may be sent to him electronically.
3.11 If payment by PayPal is selected, a surcharge of 3%% of the total price will be charged. This fee covers the transaction costs charged by PayPal and is communicated transparently to the customer during the booking process. By selecting the PayPal payment method, the customer agrees to pay the surcharge.
4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION, WITHDRAWAL)/ NON-UTILIZATION OF THE HOTEL'S SERVICES (NO SHOW)
4.1 The customer may only withdraw from the contract concluded with the hotel 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 the hotel and the customer have agreed on a deadline for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by 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 the hotel does not agree to the cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-utilization of the service. The hotel must offset the income from renting the rooms to other parties as well as the initial costs. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for replacement expenses. In this case, the customer is obliged to pay 90 %% of the contractually agreed price for overnight accommodation with or without breakfast and for package arrangements with third-party services, 70 %% for half-board and 60 %% for full-board arrangements. The customer is free to provide proof,
The following cancellation conditions apply in the event of cancellation (withdrawal) or non-arrival (no show)
Individual bookings Cancellation:
Up to 31 days prior to arrival, cancellation is free of charge
Up to 30 days before arrival 30%% of the total price
Up to 14 days before arrival 50%% of the total price
Up to 8 days before arrival 70 %% of the total price
Up to 4 days before arrival 80%% of the total price
Less than 4 days before arrival 90 %% of the total price
On the day of arrival 100 %% of the total price
Group Booking Cancellation (valid from 10 rooms):
up to 31 days prior to arrival, cancellation is free of charge
Up to 30 days before arrival 50 %% of the total price
Up to 14 days before arrival 70 %% of the total price
Up to 8 days before arrival 80%% of the total price
Up to 4 days before arrival 90 %% of the total price.
Less than 4 days before 100%% of the total price
Status: 24.08.2023
For your own safety, we recommend that you take out cancellation insurance!
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 about the contractually agreed rooms and the customer withdraws upon inquiry by the hotel with a reasonable amount Deadline on his right of withdrawal not withdrawn. This shall apply accordingly if an option is granted, if other inquiries are received and the customer is not prepared to make a firm booking upon enquiry by the hotel within a reasonable period of time.
5.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.6 and/or Clause 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
extraordinarily for objectively justified reasons, in particular in the event of
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract
- rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the customer, solvency or the purpose of the stay;
- The hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the hotel, its security or public reputation, 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 breach of the aforementioned clause 1.2.
5.4 The justified withdrawal of the hotel does not entitle the customer to claim damages.
6 ROOM PROVISION, HANDOVER AND RETURN
6.1 The customer is not entitled to the provision of a specific room, 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 availability.
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, the hotel may charge 50%% of the full accommodation price (price according to the price list) for the delayed vacating of the room until 6:00 p.m., and 90%% from 6:00 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee.
6.4 Special cleaning fees The hotel is entitled to charge special cleaning fees in the event of grossly negligent behavior, non-compliance with the applicable statutory provisions and gross soiling exceeding the normal level.
6.5 Smoking in the room If guests smoke in the room, we will charge the room guest an additional fee of € 200 for the cleaning costs (curtains, furniture, etc.). If the room cannot be rented the next day due to the strong smell of smoke, an additional night will be charged according to the hotel rate.
6.6 Pets Bringing pets is only permitted with prior notification and the consent of the hotel. The current prices are to be requested by the guest. The guest guarantees that the pet is free of disease and poses no other danger to other guests or staff The hotel reserves the right to charge a separate cleaning fee of € 150 for larger or long-haired animals and heavy soiling, even after the animal has been registered. Brushing the animal in the room is prohibited. Animals may not be taken to bed. Animals may only be taken into the breakfast room by prior arrangement. Animals may not be left alone in the hotel. All damage caused by the animal must be borne by its owner. (scratched doors, etc.) Pets must be walked within a radius of at least 200m from the hotel. Dogs barking in the hotel between 10 p.m. and 6 a.m. are not suitable for the hotel and must be immediately accommodated elsewhere by the guest. Compensation payments due to the nuisance caused by the pet will be charged to the guest bringing the animal into the hotel.
6.7 Bicycle batteries Please note that charging bicycle batteries is not permitted in the hotel rooms or in the interior of our hotel. For your own safety and the protection of our facilities, we kindly ask you to charge your bicycle batteries exclusively at the designated charging stations next to the bicycle stands. These are specially designed for this purpose and guarantee a safe charging process.
7 LIABILITY OF THE HOTEL
7.1 The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is liable for other damages which are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations by the hotel. Typical contractual obligations are those obligations which make the proper execution of the contract possible in the first place and on the fulfillment of which the customer may rely and trust. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded, unless otherwise regulated in this clause 7. Should disruptions or defects occur in the hotel's services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.
7.2 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring in money, securities and costs with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a special storage agreement with the hotel.
7.3 If the customer is provided with a parking space in the hotel garage or on the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel's property and their contents, the hotel shall only be liable in accordance with the aforementioned clauses 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 handled with care. After prior consultation with the customer, the hotel may accept, store and - upon request - forward mail and merchandise for a fee. The hotel shall only be liable in this respect in accordance with the above clause 7.1, sentences 1 to 4.
8 FINAL PROVISIONS
8.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral amendments or additions are invalid.
8.2 The place of performance and payment as well as the exclusive place of jurisdiction - also for disputes relating to checks and bills of exchange - is Neu-Anpach in commercial transactions. If the customer fulfills the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Neu-Anspach.
8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods 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/ We are not willing or obliged to participate in a dispute resolution procedure of the consumer arbitration boards. Further information on the ODR platform, cf. art. 14 para. 2 ODR Regulation.
