General terms and conditions for the hotel contract
I) Scope of application
- These terms and conditions apply to contracts for the renting of hotel rooms for accommodation, as well as any other services and deliveries the hotel provides to its customer.
- The sub- and further letting of provided rooms and their use for any other purposes than accommodation shall require the prior written consent of the hotel.
- The customer‘s terms and conditions shall only apply if this was agreed on beforehand.
II) Conclusion of the contract, contracting partners, liability; expiration
- The contract shall be entered into by acceptance of the customer‘s request by the hotel. The hotel if free in confirming the booking of the room in writing.
- The contracting partners shall be the hotel and the customer. If a third party ordered for the customer, he shall be liable towards the hotel for any obligations from the hotel service contract as joint and several debtor with the customer, if the hotel has the corresponding declaration of the third party.
- The hotel shall be liable for its obligations from the contract. In the area not typical for the service, liability shall be limited to wilful intent and gross negligence of the hotel.
- The period of expiration shall be 24 months for any claims of the customer.
- This limitation of liability and short period of expiration shall apply to the benefit of the hotel even in case of violation of obligations in preparing the contract and in case of positive violation of the contract.
III) Services, prices, payment, set-off
- The hotel is obliged to provide the rooms booked by the customer and to render the agreed services.
- The customer is obliged to pay the hotel‘s prices applicable or agreed on for provision of the room and the other services used by him. This shall also apply to services initiated by the customer and expenses the hotel has towards third parties.
- The agreed prices include statutory VAT. If the period between conclusion of the contract and performance of the contract exceeds 4 months and the price generally charged by the hotel for such services increases, it may increase the contractually agreed price appropriately, but by no more than 10%.
- The prices may be changed by the hotel if the customer subsequently desires to the change the number of booked rooms, hotel services or duration of the stay, and the hotel agrees to this.
- Invoices of the hotel without any due date must be paid without deduction within 10 days of receipt of the invoice. The hotel has the right to declare any accumulated claims due at any time and to demand payment without delay. In case of default of payment, the hotel shall have the right to charge interest at 5% above the respective base interest rate. The customer shall be free to prove that a lower damage has been incurred, the hotel shall be free to prove that a higher damage has been incurred.
- The hotel shall have the right to demand an appropriate advance payment or collateral at conclusion of the contract or subsequently under consideration of the legal provisions for all-inclusive travels. The height of the advance payment and the payment dates may be agreed on in writing in the contract.
- The customer must only set off claims of the hotel against or reduce for his undisputed or legally valid claims.
IV) Customer‘s right of rescission (withdrawal, cancellation)
- Rescission of the contract concluded with the hotel by the customer shall require the hotel‘s written consent. If this is not given, the agreed price from the contract shall be payable even if the customer does not make use of any contractual services. This shall not apply in care of default of performance by the hotel or if the service cannot be rendered.
- Where the hotel and the customer have agreed a date for the rescission in writing, the customer may declare rescission of the contract until them without triggering any payment or damages claims of the hotel. The customer‘s right of rescission shall expire if he does not execute this rescission right towards the hotel in writing by the agreed date except in case of default of performance by the hotel or impossibility of rendering of the service that is due to its fault.
- If rooms are not used by the customer, the hotel shall set off in the income from renting them out otherwise, as well as saved expenses.
- The hotel is free to charge flat-rate damages for the damage arising to it and to be reimbursed by the customer.
- The following cancellation periods shall apply for the hotel:
- free of charge up to four weeks before arrival
- 40% of the booked services up to three weeks before arrival
- 50% of the booked services up to two weeks before arrival
- 70% of the booked services up to one week before arrival
- From the third day before arrival, 80% of the booked payments
- The customer if free to prove that no damage was incurred or that the damage incurred by the hotel was lower than the demanded flat-rate.
V) Rescission by the hotel
- Where a rescission right of the customer within a specific period was agreed on in writing, the hotel shall have the right to declare rescission of the contract within their period as well if request from other customers for the contractually booked rooms are prints and the customer does not waive his right of rescission upon the hotel‘s request.
- If an agreed advance payment is not made even after the expiration of an appropriate grace period set by the hotel with threat of refusal, the hotel shall also have the right to rescission of the contract.
- Furthermore, the hotel shall have the right to declare extraordinary rescission of the contract for materially justified reasons, e.g. if:
- force majeure or other circumstances not due to the hotel‘s fault make it impossible to perform the contract.
- rooms are booked under misleading or wrong information about essential facts, e.g. regarding the customer‘s person or purpose;
- the hotel has justified reason to assume that use of the hotel service may endanger smooth business or the hotel‘s public reputation, without this being due to the scope of control or organisation of the hotel.
- there is a violation of the above application scope, paragraph 2.
- The hotel shall inform the customer of execution of its rescission right without delay.
- In case of justified rescission of the hotel, the customer shall not have any claim to damages.
VI) Room provision, handover and return
- The customer shall not acquire any claim to provision of specific rooms.
- Booked rooms are available to the customer from 4 PM of the agreed arrival date. The customer has no claim to earlier provision.
- The rooms must be provided to the hotel no later than at noon of the agreed departure day. After this, the hotel may charge 50 % of the full accommodation price (list price) in addition to the arising damage for the additional use of the room until 6 PM, and 100% after 6 PM. The customer shall be free to document that the hotel has incurred no or a much lower damage.
VII) Redemption of vouchers
- Cash pay-out of the voucher value shall not be possible.
- Please register in advance.
- Please observe that use of the „Country spa“ is only possible from Monday to Friday for non-hotelguests, and that the minimum stay on weekends covers two nights.
VIII) Liability of the hotel
- The hotel shall be liable for the diligence of a proper merchant. This liability shall, however, be limited to defects of performance, damage, consequential damage or impairment due to wilful intent or gross negligence of the hotel in the area not typical for the performance. If impairment or defects of the hotel‘s services occur, the hotel shall strive to remove them if it is aware of them or informed by the customer without delay. The customer shall be obliged to contribute as reasonable to remove the impairment and to keep any damage low.
- The hotel shall be liable to the customer for objects brought along according to the statutory provisions, i.e. up to one hundred times the room price, and no more than € 3,500, as well as for money and valuables up to € 800. Money and valuables up to a maximum value of € 10,225 may be kept in the hotel or room safe. The hotel recommends using this option. Liability claims shall expire if the customer does not report the loss, destruction or damage to the hotel without delay after gaining knowledge of it (§ 703 German Civil Code).
- The statutory provisions for unlimited liability of the hotel shall apply.
- Where the customer is provided a parking place in the hotel‘s garage or on the hotel‘s parking place, also against a fee, this shall not constitute a custodial contract. If any motor vehicles parked or shunted on the hotel premises or their inventory are lost or damaged, the hotel shall only be liable in case of wilful intent or gross negligence. This shall also apply to the hotel‘s servants.
- Messages, mail and goods shipments for guests shall be treated with care. This hotel will deliver, keep and - on request - forward them for a fee. Damages claims, except for gross negligence, shall be excluded.
IX) Data Protection
- For data protection information and data protection officer contact see details on data privacy and disclaimer.
X) Final provisions
- Modifications of or supplements to the contract, the offer acceptance or these terms and conditions for hotel services shall be made in writing. Unilateral changes or supplementations by the customer shall be invalid.
- The place of performance and payment shall be the hotel‘s seat.
- The exclusive place of jurisdiction - also for disputes about cheques and bills of exchange - in commercial transactions shall be the registered seat of the hotel. Where a contracting party meets the requirements of § 36 paragraph 1 ZPO and does not have any general place of jurisdiction in the country, the place of jurisdiction shall be the hotel‘s registered seat.
- German law shall apply.
- Where individual provisions of these general terms and conditions for hotel services are or become invalid or void, this shall not affect the validity of the remaining provisions. Apart from this, the statutory provisions shall apply.