General terms and conditions
General terms and conditions for the hotel accommodation contract of Hofgut Sternen GmbH & Co. KG, Höllsteig 76, DE-79874 Breitnau
I. Scope of application 1. These terms and conditions apply to contracts regarding the rent-based letting of hotel rooms for accommodation as well as to all additional services and deliveries rendered to the customer by BEST WESTERN Hotel Hofgut Sternen (hereinafter referred to as the "hotel") 2. The subletting or re-letting of let rooms as well as their usage for anything other than purposes of accommodation require the prior written approval of the hotel, whereby § 540, paragraph 1, sentence 2 of the German Civil Code (BGB) is waived. 3. Terms and conditions of the customer are only applicable if this has been agreed upon beforehand expressly in writing. 4. Customers in the sense of these terms and conditions are both consumers and also contractors in the sense of §§ 13,14 of the BGB. II. Conclusion of the contract, contracting parties; statute of limitations 1. The contract comes into existence upon acceptance of the customer's application by the hotel. If the hotel makes a binding offer to the customer, the contract comes into existence upon the acceptance of the hotel offer by the customer. In both cases, it is within the hotel's discretion to confirm the room reservation in writing. 2. Contracting parties are the hotel and the customer. If a third party has booked on behalf of the customer, the customer is liable to the hotel together with the third party as joint debtor for all obligations arising from the hotel accommodation contract, provided a corresponding statement by the customer is available to the hotel 3. All claims made by the customer or the third party against the hotel expire by limitation one year after the start of the standard limitation period subject to knowledge of the claim concerned in the sense of § 199, paragraph 1 of the BGB. Claims for compensation against the hotel expire by limitation regardless of knowledge of the claim after 5 years at the latest. These reductions in the statute of limitations are not applicable in the case of claims based on a deliberate or grossly negligent breach of duty on the part of the hotel, as well as in the case of damage to body or health attributable to the hotel, or in the case of loss of life attributable to the hotel. III. Services, prices, payments, setoff 1. The hotel is obliged to hold the rooms booked by the customer and to render the agreed services. 2. The customer is obliged to pay the applicable and/or agreed hotel prices for letting the room and for the additional services used by the customer. This also applies to services and expenses of the hotel caused by the customer to third parties. 3. The agreed prices include the respective legal value added tax (VAT). If the period between the conclusion of the contract and fulfilment of the contract exceeds four months and the price calculated by the hotel increases across-the-board for services of this kind, then the hotel may raise the contractually agreed price proportionately, but by no more than 5%. 5. Furthermore, the prices can be changed by the hotel whenever the customer thereafter requests changes to the number of booked rooms, the service of the hotel or the duration of the guests' stay, and the hotel accepts this. 6. Invoices from the hotel without due dates are due in full within 10 calendar days from the date the invoice was entered. The hotel is entitled to accelerate accruals receivable at any time and to demand immediate payments. In the case of a default, the hotel is entitled to demand the respective applicable default interest in the amount of (currently) 8 percentage points, or in the case of legal transactions in which a consumer is involved in the amount of 5 percentage points, greater than the basic rate of interest. In addition, the hotel can assert a fee in the amount of €5.00 per payment reminder in the event of default. The proof and assertion of greater loss shall remain reserved. 7. The hotel is entitled, in the case that a contract is concluded or thereafter under consideration of the legal provisions for flat-rate holidays, to demand an appropriate advance payment or security deposit. The amount of the advance payment and the payment dates can be agreed upon in the contract in writing. 8. The customer can only offset or reduce a claim by the hotel with an indisputable or legally binding claim. IV. Withdrawal by the customer (termination, cancellation) Non-utilisation of the services of the hotel (no-show) 1. The hotel concedes to the customer a right of withdrawal at any time. Thereby, the following provisions apply: a. The hotel has the choice to assert a flat withdrawal rate from the guest instead of a compensation calculated in specific terms. The flat withdrawal rate amounts to 90% of the contractually agreed price for an overnight stay with or without breakfast, 70% of the contractually agreed price for overnight stays with half board and 60% of the contractually agreed price for an overnight stay with full-board arrangements. Proof that no loss to the hotel has occurred or that the loss to the hotel that occurred is less than the claimed flat compensation rate is at the guest's discretion. b. Provided the hotel calculates the compensation in specific terms, the amount of the compensation amounts to a max. of the amount of the contractually agreed price for the service to be rendered by the hotel less the value of the expenditures spared by the hotel as well as those that the hotel acquires through uses of the hotel services elsewhere. 2. The foregoing regulations regarding the compensation apply accordingly when the guest does not use the booked room or the booked services without communicating this in a timely manner (no-show). 3. If the hotel has conceded to the guest in the contract an option to withdraw from the contract within a certain period of time without additional legal consequences, the hotel is not entitled to claim compensation. Decisive for the timeliness of the withdrawal statement is its admission at the hotel. The customer must state the withdrawal in writing. V. Withdrawal by the hotel: 1. If an advance payment demanded as per III. clause 6 is not made, even after a suitable grace period set by the hotel has elapsed, then the hotel is likewise entitled to withdrawal from the contract. 2. Furthermore, the hotel is entitled to withdraw from the contract in extraordinary circumstances for a factually justifiable reason, particularly if and when a.) higher authorities or other circumstances non-representative of the hotel make fulfilment of the contract impossible; b.) rooms are booked under misleading or false statement of essential facts (e.g., in the person of the customer or of the purpose); c.) the hotel has justifiable reason to believe that the utilisation of the hotel services may endanger frictionless business operations, safety or the reputation of the hotel in public without attributing this to the domain or organisational area of the hotel; d.) there is a violation against I. clause 2. 3. In the case of entitled withdrawal by the hotel, the customer is not entitled to claim compensation. VI. Room allocation, surrender and return 1. The guest does not acquire any right to the allocation of certain rooms except where the hotel has confirmed the allocation of certain rooms in writing. 2. Booked rooms are available to the guest starting from 3:00 PM on the agreed arrival date. The guest is not entitled to earlier allocation. 3. Booked rooms shall be claimed by no later than 6:00 PM on the agreed arrival date. Unless a later arrival time has been expressly agreed, the hotel has the right to assign booked rooms otherwise after 6:00 PM without the guest being able to deduce claims for compensation therefrom. In this respect, the hotel is due a right of withdrawal. 4. On the agreed departure date, the rooms must be made available to the hotel no later than by 11:00 AM. Thereafter, in the case of a delayed vacating of the room or apartment/holiday rental, the hotel can invoice the room's utilisation beyond the contractual scope - for 50% of the currently applicable daily lodging price until 6:00 PM; thereupon, for 100% after 6:00 PM. Contractual claims by the customer are hereby unfounded. It is at the customer's discretion to prove that no claim to or a significantly lesser claim to utilisation charges occurred for the hotel. In addition, the proof and assertion of a greater loss shall remain reserved. VII: Liability of the hotel: 1. Should disturbances or deficiencies in the services of the hotel arise, the hotel will endeavour to provide for redress upon a prompt complaint by the customer. The customer is obliged to contribute reasonably in order to correct the disturbance and to minimise any possible loss. If the guest is culpable in neglecting to indicate a deficiency to the hotel, then a claim to reduce the contractually agreed charges will not occur. The customer is also obliged to make the hotel aware in a timely manner of any possibility that an extraordinarily high degree of damage or loss may arise. 2. The hotel is liable for all damage resulting from injury to life, body and health as per legal provisions. 3. The hotel is liable for its obligations from the contract with the diligence of a prudent businessman. Claims by the customer to compensation are ruled out. Excluded here are damages resulting from the injury to life, the body or health if the hotel is responsible for the breach of duty, and other damage based on a deliberate or grossly negligent breach of duty on the part of the hotel. A breach of duty by the hotel is equivalent to that of one of its legal representatives or agents. 4. The hotel is liable for objects brought by the customer as per legal provisions (§§ 701,702 of the BGB), but up to €3,500.- at most. For valuables (cash, jewellery, etc.), this liability is limited to €800.-. Money or valuables kept in the hotel safe are insured up to a maximum value of €1,000. The hotel urgently recommends making use of this option. The liability claims are void unless the customer files a charge with the hotel immediately upon learning of a loss, destruction or damage (§ 703 of the BGB). 5. If a parking space in the hotel garage or on a hotel car park is made available to the customer - even for a fee - no contract of safe custody comes into existence in this case. In the case that parked or manoeuvred motor vehicles and their contents go missing or are damaged, the hotel is not liable unless intent or gross negligence can be attributed to the hotel. This also applies to agents of the hotel. The foregoing clause 3, sentences 2 to 4, applies accordingly. 6. Wake-up calls will be carried out by the hotel with great diligence. News, post and consignment of goods for the customers will likewise be handled with great diligence. The hotel assumes responsibility for delivery and storage (in the hotel in each case) as well as - by request - forwarding of the same for a fee. The foregoing clause 3, sentence 2, applies accordingly. VIII. Final provisions 1. Modifications or amendments to the contract, the acceptance proposal or these terms and conditions for hotel accommodation must take place in writing. Unilateral modifications or supplements by the customer are ineffectual. 2. The place of fulfilment and place of payment is the office of the respective hotel 3. The exclusive place of jurisdiction - also for cheque and draft disputes - for commercial transactions, provided a contracting party meets the prerequisite of § 38, paragraph 2 of the German Code of Civil Procedure (ZPO) and has no universal place of jurisdiction in-country, is the office of the hotel. 4. German law applies exclusively. 5. Should individual provisions of these general terms and conditions for hotel accommodation be or become ineffectual or void, then the efficacy of the remaining provisions will remain unaffected by this. As for the rest, the pertinent legal regulations apply.