AGB`s
AGB`s:
GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
1 SCOPE
1.1 These terms and conditions apply to contracts for the rental rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel to the customer (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel and hotel room 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, whereby § 540 Paragraph 1 Sentence 2 BGB is waived unless the customer is a consumer.
1.3 General terms and conditions of the customer only apply if this has been expressly agreed beforehand.
2 CONCLUSION OF CONTRACT, PARTNER, LIMITATION
2.1 The contractual partners are the hotel and the customer. The contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the room booking in text form.
2.2 In principle, all claims against the hotel become statute-barred one year from the start of the statutory limitation period. Claims for damages become statute-barred after five years, insofar as they are not based on an injury to life, limb, health or freedom. These claims for damages become statute-barred after ten years. The limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.0 A deposit of 20% of the total amount must be paid within 10 days of receiving your reservation confirmation. Upon arrival, the remaining amount and the visitor's tax are payable in cash or by EC card.
If you arrive by car, a free parking space in front of the house is reserved for you. If you arrive by train, let us know your arrival time approx. 3 days before arrival and we will be happy to organize a taxi for you.
The room is available from 2 p.m. on the day of arrival.
On the day of departure we ask you to leave your room by 10 a.m.
The following fees apply to cancellations:
up to 45 days before the start of the trip 10% of the invoice amount, at least EUR 25.00
44th to 30th day before departure 50% of the invoice amount
from the 29th day before the start of the trip 80% of the invoice amount.
Services not used will not be reimbursed.
3.1 The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
3.2 The customer is obliged to pay the hotel's agreed or applicable prices for the provision of rooms and the other services used. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and are disbursed by the hotel.
3.3 The agreed prices include the taxes and local taxes applicable at the time the contract is concluded. Local taxes that are payable by the guest according to the respective local law, such as visitor's tax, are not included. In the event of a change in the statutory value added tax or the new introduction, change or abolition of local taxes on the service item after the contract has been concluded, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the 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 service provided by the hotel or the length of stay of the customer dependent on the price of the room and / or the other services of the hotel increasing.
3.5 Hotel invoices without a due date are payable on arrival without deduction. The hotel can demand immediate payment of due claims from the customer at any time. In the event of a delay in payment, the hotel is entitled to charge the applicable statutory default interest of 8% currently or, in the case of legal transactions in which a consumer is involved, 5% above the base rate. The hotel reserves the right to prove greater damage.
3.6 When the contract is concluded, the hotel is entitled to request 20% of the hotel accommodation contract, without tourist tax, as a reasonable advance payment or security deposit. The amount of the advance payment and the payment dates are agreed in text form in the reservation confirmation. The statutory provisions remain unaffected in the case of advance payments or security deposits for package tours.
3.7 In justified cases, e.g. late payment by the customer or extension of the scope of the contract, the hotel is entitled, even after the conclusion of the contract, to make an advance payment or security deposit as defined in Section 3.6 above or to increase the advance payment or security deposit agreed in the contract up to the full amount to request the agreed remuneration.
3.8 The hotel is also entitled to request a reasonable advance payment or security from the customer in the sense of clause 3.6 above for existing and future claims from the contract at the beginning and during the stay, insofar as such is not already in accordance with clause 3.6 and / or clause 3.7 was done.
3.9 The customer can only offset or offset an undisputed or legally binding claim against a claim by the hotel.
4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION) /
FAILURE TO USE THE HOTEL SERVICES (NO SHOW)
4.1 The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if there is another statutory right of withdrawal or if the hotel expressly consents to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a contract cancellation should be made in text form.
4.2 If a date for free cancellation of the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract until then without triggering payment or damage claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right to withdraw from the hotel by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired, there is no statutory right of withdrawal or termination and if the hotel does not agree to the cancellation of the contract, the hotel retains the right to the agreed remuneration despite not making use of the service. The hotel must credit the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not rented to any other person, the hotel can charge a flat rate deduction for saved expenses. The rules for this are set out in the reservation confirmation under cancellation conditions! The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the required amount.
5 WITHDRAWAL BY THE HOTEL
5.1 If it has been agreed that the customer can 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 requests from other customers for the contractually booked rooms and the customer, upon request from the hotel, with reasonable Setting a deadline does not waive his right to withdraw.
5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and / or Section 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 justifiable reasons, especially 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 essential facts; the identity of the customer, solvency or the purpose of stay may be essential;
- the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the domain or organizational area of the hotel;
- the purpose or the reason for the stay is illegal;
- there is a violation of the above-mentioned number 1.2.
5.4 The justified resignation of the hotel does not justify the customer's claim for damages.
6 ROOM DELIVERY, DELIVERY AND RETURN
6.1 The customer is not entitled to the provision of certain rooms unless this has been expressly agreed.
6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability.
6.3 On the agreed departure date, the rooms must be vacated and made available to the hotel by 10:00 a.m. at the latest. Thereafter, due to the delay in vacating the room for use beyond the contract, the hotel can charge 50% of the full accommodation price (list price) until 6:00 p.m., from 6:00 p.m. 90%. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or significantly lower entitlement to usage fees.
7 HOTEL LIABILITY
7.1 The hotel is liable for damage for which it is responsible for 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 contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in this Section 7. Should faults or defects occur in the hotel's services, the hotel will endeavor to remedy the situation if the customer becomes aware of it or if the customer gives notice of it immediately. The customer is obliged to contribute what is reasonable to him to remedy the fault and to keep possible damage to a minimum.
7.2 The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other things 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 garage or in the hotel car park, also for a fee, this does not result in a custody contract. In the event of loss 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 preceding section 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the greatest care. Messages, mail and consignments for guests are handled with care. The hotel will take care of delivery, storage and - if requested - forwarding for a fee. The hotel is only liable in accordance with the preceding section 7.1, sentences 1 to 4.
8 FINAL PROVISIONS
8.1 Changes and additions to the contract, the acceptance of applications or these general terms and conditions should be made in text form. Unilateral changes or additions by the customer are invalid.
8.2 Place of fulfillment and payment as well as exclusive place of jurisdiction - also for check and exchange disputes in commercial transactions is Thermen Club Betriebs GmbH Safferstettener Str. 17/19 in 94072 Bad Füssing. If a contractual partner fulfills the requirement of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is Safferstettener Str. 17/19 in 94072 Bad Füssing.
8.3 German law applies. The application of the UN sales law and the conflict of laws is excluded.
8.4 Should individual provisions of these general terms and conditions be or become ineffective or void, this does not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply.