General Terms and Conditions for Hotel Accommodation of Gasthof Schwarz GmbH & Co. KG
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 prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance.
2 Conclusion of contract, 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 at liberty 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 applicable prices of the hotel for the provision of rooms and 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 the 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, change 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 the 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 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.
3.5 Hotel invoices without a due date are payable in full within ten days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. The statutory provisions shall apply if the customer is in default of payment. The hotel reserves the right to provide evidence of higher damages.
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 shall 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 up to the full agreed remuneration.
3.8 Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of the above clause 3.6 for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with the above clause 3.6 and/or clause 3.7.
3.9 The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the hotel.
4 Withdrawal by the customer (cancellation) or non-utilization of the hotel’s services (now 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, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any consent to the cancellation of the contract must be made in text form.
4.2 For reservations of up to two rooms, regardless of the number of persons, the customer may withdraw from the contract up to 48 hours prior to arrival (arrival time corresponds to 6:00 p.m. on the respective arrival date) without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date (48 hours before 6 p.m. on the day of arrival). In all other cases of reservation cancellation by the guest or non-utilization of the services offered by Gasthof Schwarz GmbH & Co. KG, the contractual services ordered and reserved but not accepted by the guest, but offered by the hotel, in particular for the accommodation of the guests and/or the catering, will be charged to the guest by Gasthof Schwarz GmbH & Co. KG will charge the guest as follows:
- Cancellation between the 42nd and 27th day before the provision of the respective services: 30% of the ordered/reserved services will be charged
- Cancellation between 26 and 15 days prior to the provision of the respective services: 60% of the ordered/reserved services will be charged
- Cancellation within 14 days prior to the provision of the respective services or non-utilization of the respective services: 100% of the ordered/reserved services will be charged
4.3 The above cancellation fees shall also apply if the ordered and reserved services are only partially canceled by the guest, whereby the total flat rates relate to the part of the services that was canceled, or if the guest does not make use of the ordered and reserved services without express cancellation (corresponds to a “no-show” case)
4.4 The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount claimed.
4.5 The hotel must offset the income from renting the rooms to other parties and the expenses saved.
5 Withdrawal by the hotel
5.1 Insofar as it was agreed that the customer may 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 regarding the contractually reserved rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel with a reasonable grace period.
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.
5.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for objectively justified reasons, in particular if
- 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, the ability to pay or the purpose of the stay;
- the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation, security or public reputation of the hotel, 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 above-mentioned 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 specific rooms unless this has been expressly agreed.
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 11:00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) 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.
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 that 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. 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 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 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 available. 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 requires a separate storage agreement with the hotel.
7.3 If the customer is provided with a parking space in 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 property and their contents, the hotel shall only be liable in accordance with the above Section 7.1, sentences 1 to 4.
7.4 Messages, mail and consignments of goods for guests shall be handled with care. 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 by the customer are invalid.
8.2 The place of fulfillment and payment as well as the exclusive place of jurisdiction – also for check and bill of exchange disputes
- for commercial transactions is Hohenwart 10, 84561 Mehring in Germany
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 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.