GENERAL TERMS AND CONDITIONS
General Terms and Conditions of the Thermalhotel Falkenhof
GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided by the hotel to the customer in this connection (hotel accommodation contract). The term “hotel accommodation agreement” includes and replaces the following terms: Accommodation, guest accommodation, hotel, hotel room contract.
2 The subletting or subletting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 Paragraph 1 Sentence 2 BGB is waived unless the customer is a consumer.
3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance.
2 CONCLUSION OF CONTRACT, CONTRACT PARTNER, STATUTE OF LIMITATIONS
1 The contractual partners are the hotel and the customer. The contract shall come into effect upon acceptance of the customer’s application by the hotel. The hotel shall be at liberty to confirm the room reservation in text form.
2 All claims against the hotel shall become statute-barred one year after the start of the statutory limitation period. Claims for damages shall become statute-barred after five years, depending on knowledge, unless they are based on injury to life, limb, health or freedom. These claims for damages shall expire in ten years irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
3 SERVICES, PRICES, PAYMENT, OFFSETTING
1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2 The customer shall be obliged to pay the hotel’s agreed or applicable prices for the provision of rooms and the other services used. This shall also apply to services commissioned by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel.
3 The agreed prices include the taxes and local levies applicable at the time of conclusion of the contract. Not included are local taxes which are owed by the guest himself 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, change or abolition of local levies on the object of performance 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 of the contract and fulfilment of the contract exceeds four months.
4 The Hotel may make its consent to a subsequent reduction requested by the Customer in the number of rooms booked, the Hotel’s services or the duration of the Customer’s stay dependent on an increase in the price of the rooms and/or other services provided by the Hotel.
5 Invoices issued by the hotel without a due date shall be payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default in payment, the hotel shall be entitled to demand the applicable statutory default interest at the current rate of 8 % or, in the case of legal transactions in which a consumer is involved, at the rate of 5 % above the base rate. The hotel reserves the right to prove higher damages.
6 The hotel shall be entitled to demand an appropriate 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 writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.
7 In well-founded cases, e.g., payment arrears on the part of the customer or extension of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract and until the beginning of the stay, to prolong an advance payment or security deposit within the meaning of Section 3.6 above or an increase in the advance payment or security deposit agreed in the contract until the full agreed remuneration.
8 At the beginning and during the stay, the hotel shall also be entitled to demand from the customer an appropriate advance payment or security deposit within the meaning of Section 3.6 above for existing and future claims arising from the contract, unless such payment has already been made in accordance with Section 3.6 and/or Section 3.7 above.
9 The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.
4 RESCISSION BY THE CUSTOMER (CANCELLATION) / NON-USE OF THE SERVICES OF THE HOTEL (NO SHOW)
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, if there is any other statutory right of withdrawal or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of rescission as well as any consent to a cancellation of the contract shall be made in text form.
2 If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract until then without triggering any payment or compensation claims on the part of the hotel. The customer’s right of rescission shall lapse if he does not exercise his right of rescission against the hotel by the agreed date.
3 If a right of rescission has not been agreed or has already expired, there shall be no statutory right of rescission or termination and if the hotel does not agree to rescind the contract, the hotel shall retain the right to the agreed remuneration despite non-use of the service. The hotel shall set off the income from renting the rooms to another party as well as the saved expenses. If the rooms are not rented elsewhere, the hotel shall be entitled to a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 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 prove that the aforementioned claim has not arisen or not arisen in the required amount.
5 CANCELLATION OF THE HOTEL
1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel shall be entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer does not waive his right to withdraw from the contract upon the hotel’s enquiry within a reasonable period of time.
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 shall also be entitled to withdraw from the contract.
3 Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
– Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
– rooms or rooms are booked culpably under misleading or false statements or concealment of essential facts; the identity of the customer, the solvency or the purpose of the stay may be essential in this respect;
– the hotel has good reason to believe that the use of the service may jeopardize the smooth running of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
– the purpose or cause of the stay is unlawful;
– there is a violation of the aforementioned clause 1.2.
5.4 The justified withdrawal of the Hotel shall not constitute a claim for damages on the part of the Customer.
6 ROOM PROVISION, HANDOVER AND RETURN
1 The customer shall not acquire any claim to the provision of specific rooms unless this has been expressly agreed.
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.
3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) until 6:00 p.m. due to the delayed vacating of the room for its use in excess of the contract, and 90% from 6:00 p.m. onwards. This shall not constitute any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a substantially lower claim to usage fees.
7 HOTEL LIABILITY
1 The hotel shall be liable for damages resulting from injury to life, limb or health for which it is responsible. Furthermore, it shall be liable for other damages resulting from an intentional or grossly negligent breach of duty on the part of the hotel or from an intentional or negligent breach of contract-typical duties on the part of the hotel. A breach of duty on the part of the hotel is equivalent to a breach of duty on the part of a legal representative or vicarious agent. Further claims for damages shall be excluded unless otherwise provided for in this Clause 7. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavour to remedy the situation if it becomes aware of such disruptions or defects or if the customer complains immediately. The customer shall be obliged to make all reasonable efforts to remedy the disruption and keep any possible damage to a minimum.
2 The hotel shall be liable to the customer in accordance with the statutory provisions for items brought into the hotel. The hotel recommends the use of the hotel safe or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this shall require a separate storage agreement with the hotel.
3 If the customer is provided with a parking space in the hotel garage or on the hotel parking lot, even against payment, this shall not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, the hotel shall only be liable in accordance with the above Section 7.1, Sentences 1 to 4.
4 Wake-up orders shall be executed by the hotel with the greatest care. Messages, mail and consignments of goods for guests shall be handled with care. The hotel shall be responsible for delivery, storage and – upon request – forwarding of the same 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
1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the customer are ineffective.
2 The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes over cheques and bills of exchange – in commercial transactions is BAD FÜSSING | Paracelsusstr. 4 | Bio Vitalhotel Falkenhof GmbH & Co KG. If a contractual partner meets the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be – BAD FÜSSING | Paracelsusstr. 4 | Bio Vitalhotel Falkenhof GmbH & Co KG.
3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions is excluded.
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.