General Terms and Conditions
SCOPE OF APPLICATION
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and other hotel services (hotel accommodation contract).
1.2 The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form.
1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in advance in text form.
CONCLUSION OF CONTRACT, CONTRACT PARTNERS, STATUTE OF LIMITATIONS
2.1 The hotel is free to confirm the room booking in text form.
2.2 The contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, it shall be liable to the hotel together with the customer as joint and several debtor.
2.3 All claims against the hotel shall generally become time-barred one year after the commencement of the statutory limitation period. Claims for damages shall become time-barred after five years. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
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 hotel's applicable prices for the provision of the room and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer. The agreed prices include the respective statutory value added tax.
3.3 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel's services or the customer's length of stay requested by the customer dependent on the price for the rooms and/or for the hotel's other services being increased.
3.4 Hotel invoices are payable in full within 14 days of receipt of the invoice. In the event of late payment, the hotel is entitled to charge a lump sum (late payment surcharge, processing fee) in the amount of 25.00 euros.
3.5 The hotel is entitled to demand an advance payment or a security deposit from the customer upon conclusion of the contract.
3.6 In justified cases, e.g. if the customer is in arrears with payment, the hotel is entitled to refuse further services.
3.7 The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the hotel.
WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION and NoShow)
4.1 Withdrawal by the customer from the contract concluded with the hotel requires the hotel's consent in text form. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of contractual services.
4.2 If a date for free withdrawal from the contract has been agreed between the hotel and the customer in text form, the customer may withdraw from the contract up to that date without incurring payment or compensation claims by the hotel. The customer's right of withdrawal shall expire if he does not exercise his right of withdrawal vis-à-vis the hotel in text form by the agreed date.
4.3 In the case of rooms not used by the customer, the hotel must offset the income from renting these rooms to other parties. If the rooms are not rented to other parties, the hotel may charge 100% of the contractually agreed remuneration.
4.4 The right to withdraw from the contract concluded with the hotel expires two weeks before the contractually agreed arrival date. Note: In accordance with Directive 2011/83/EU of the European Parliament, Article 16, the 14-day right of withdrawal does not apply to hotel bookings. The hotel's cancellation conditions apply.
WITHDRAWAL BY THE HOTEL
5.1 If it has been agreed in text form that the customer can withdraw from the contract free of charge within a certain period, the hotel is also entitled to withdraw from the contract within this period (e.g. non-compliance with contractually agreed advance payment).
5.2 In the event of justified withdrawal by the hotel, the customer shall not be entitled to claim damages.
ROOM PROVISION, HANDOVER AND RETURN
6.1 The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed in text form.
6.2 Booked rooms are available to the customer from 14:00 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 10:30 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for the delayed vacating of the room until 2:00 p.m., and 100% thereafter.
LIABILITY OF THE HOTEL
7.1 The hotel is liable for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health, if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of typical contractual obligations of the hotel. Should disruptions or defects in the hotel's services occur, 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 shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. Accordingly, the liability is limited to one hundred times the room rate, but not more than € 3,500, - and in deviation for money, securities and valuables up to a maximum of € 800, -. Cash,
7.3 If the customer is provided with a parking space in the garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles, trailers, motorcycles or trailers and their contents parked or maneuvered on the hotel property, except in cases of intent or gross negligence.
FINAL PROVISIONS
8.1 Amendments and additions to the contract or these General Terms and Conditions shall be made in text form. Unilateral amendments or additions by the customer are invalid.
8.2 The place of performance and payment is the location of the hotel.
8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws or similar is excluded.
8.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
Breitnau Status April 2024
Translated with DeepL.com (free version)
