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Beleuchtete Fassade des Hotel Churfürstenhof spiegelt sich abends im Außenpool

General Terms and Conditions

1 SCOPE

1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes, as well as to all further services and deliveries rendered by the hotel to the customer in this connection (hotel accommodation contract). They do not apply to package travel within the meaning of Section 651a of the German Civil Code (BGB). The term “hotel accommodation contract” encompasses 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 hotel’s prior consent in text form; the right of termination pursuant to Section 540 (1) sentence 2 BGB is hereby waived.

1.3 The customer’s general terms and conditions shall apply only if this has been expressly agreed in text form.

2 CONCLUSION OF CONTRACT, CONTRACTING PARTIES

The contracting parties are the hotel and the customer. The contract comes into effect upon the hotel’s acceptance of the customer’s application. In the case of a booking made via the hotel’s own website, the contract comes into effect by clicking the “Book now” button.

3 SERVICES, PRICES, PAYMENT, SET-OFF

3.1 The hotel is obliged to keep available the rooms booked by the customer and to render the agreed services.

3.2 The customer is obliged to pay the hotel’s agreed or applicable prices for the provision of the room and for any further services used. This also applies to services commissioned by the customer either directly or through the hotel which are rendered by third parties and paid for in advance by the hotel.

3.3 The agreed prices are inclusive of the taxes and local levies applicable at the time the contract is concluded. Not included are local levies which, under the respective municipal law, are owed by the guest himself, such as the visitor’s tax (Kurtaxe). Should the statutory value added tax change, or should local levies on the subject matter of the services be newly introduced, changed or abolished after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this applies only if the period between conclusion of the contract and performance of the contract exceeds four months.

3.4 If payment by invoice has been agreed, payment shall — subject to any deviating agreement — be made within ten days of receipt of the invoice, without deduction.

3.5 Upon conclusion of the contract, the hotel is entitled to demand from the customer an appropriate advance payment or security deposit, 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 event of default of payment by the customer, the statutory provisions apply.

3.6 In justified cases, for example where the customer is in arrears with payment or where the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract and up to the beginning of the stay, to demand an advance payment or security deposit within the meaning of clause 3.5 above, or to demand an increase of the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.7 The hotel is further entitled, at the beginning of and during the stay, to demand from the customer an appropriate advance payment or security deposit within the meaning of clause 3.5 above in respect of existing and future claims arising from the contract, insofar as such payment has not already been made pursuant to clauses 3.5 and/or 3.6 above.

3.8 The customer may only set off or offset a claim against a claim of the hotel if the customer’s claim is undisputed or has been established by a final and binding court decision.

3.9 The customer agrees that the invoice may be transmitted to him by electronic means.

4 WITHDRAWAL / TERMINATION (“CANCELLATION”) BY THE CUSTOMER; FAILURE TO USE THE HOTEL’S SERVICES (“NO SHOW”)

4.1 The customer may unilaterally rescind the contract concluded with the hotel only if a right of withdrawal has been expressly agreed in the contract or if a statutory right of withdrawal or termination exists.

4.2 If a date for free-of-charge withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering any claims for payment or damages by the hotel. The customer’s right of withdrawal expires if it is not exercised vis-à-vis the hotel in text form by the agreed date.

4.3 If no right of withdrawal has been agreed, or if such right has already expired, and if there is likewise no statutory right of withdrawal or termination, the hotel retains its claim to the agreed remuneration despite the services not being used. The hotel must take into account the income from letting the rooms to others as well as the expenses saved. If the rooms are not let to others, the hotel may calculate the deduction for saved expenses on a lump-sum basis. In this case the customer is obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast as well as for package arrangements including third-party services, 70% for half-board arrangements and 60% for full-board arrangements. The customer is at liberty to prove that the aforementioned claim has not arisen, or has not arisen in the amount demanded.

5 WITHDRAWAL BY THE HOTEL

5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a specified period, the hotel is, for its part, entitled to withdraw from the contract during that period if enquiries from other customers regarding the contractually booked rooms are received and the customer, upon being asked by the hotel with an appropriate deadline, does not waive his right of withdrawal. This applies accordingly where an option has been granted, if other enquiries are received and the customer, upon being asked by the hotel with an appropriate deadline, is not prepared to make a firm booking.

5.2 If an advance payment or security deposit agreed or demanded pursuant to clause 3.5 and/or clause 3.6 is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall likewise be entitled to withdraw from the contract.

5.3 Furthermore, the hotel is 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 performance of the contract impossible;
  • rooms or premises are booked culpably with misleading or false information, or with the concealment of material facts; material facts may include the identity of the customer, his solvency or the purpose of the stay;
  • the hotel has reasonable grounds to assume that the use of the services may jeopardise the smooth operation of the business, the security of the hotel or its public reputation, without this being attributable to the hotel’s sphere of control or organisation;
  • the purpose or occasion of the stay is unlawful;
  • there is a breach of clause 1.2 above.

5.4 Justified withdrawal by the hotel does not give rise to any claim for damages by the customer.

6 PROVISION, HANDOVER AND RETURN OF ROOMS

6.1 The customer does not acquire any right 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 3:00 p.m. on the agreed day of arrival. The customer has no claim to earlier provision.

6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. Thereafter, on account of the delayed vacating of the room, the hotel may charge 50% of the full accommodation rate (price according to the price list) for its use beyond the contractual period until 6:00 p.m., and 90% from 6:00 p.m. onwards. This does not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has incurred no claim to a usage fee, or a substantially lower one.

7 LIABILITY OF THE HOTEL

7.1 The hotel is liable for damage resulting from injury to life, body or health for which it is responsible. It is furthermore liable for other damage based on an intentional or grossly negligent breach of duty by the hotel, or on an intentional or negligent breach of duties typical of the contract by the hotel. Duties typical of the contract are those duties which make the proper performance of the contract possible in the first place and on the fulfilment of which the customer relies and may rely. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Any further claims for damages are excluded, unless otherwise provided for in this clause 7. Should disruptions or defects in the hotel’s services occur, the hotel will endeavour to remedy the situation upon becoming aware of them or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to help remedy the disruption and to keep any possible damage to a minimum.

7.2 The hotel is liable to the customer for property brought onto the premises in accordance with the statutory provisions. The hotel recommends the use of the hotel safe or the room safe. Should the customer wish to bring in money, securities and valuables with a value exceeding EUR 800, or other items with a value exceeding EUR 3,500, a separate safekeeping agreement with the hotel is required.

7.3 Insofar as a parking space in the hotel garage or in the hotel car park is made available to the customer, including for a fee, this does 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 is liable only in accordance with clause 7.1, sentences 1 to 4, above.

7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages for customers are handled with care. Following prior agreement with the customer, the hotel may undertake to accept and store, and — upon request and for a fee — forward, post and consignments of goods. In this respect the hotel is liable only in accordance with clause 7.1, sentences 1 to 4, above.

8 FINAL PROVISIONS

8.1 Amendments and supplements to the contract, to the acceptance of the application or to these General Terms and Conditions should be made in text form. Unilateral amendments or supplements are invalid.

8.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction is Bad Birnbach. However, the hotel may alternatively bring proceedings against the customer at the customer’s registered office. The same applies in each case to customers not covered by sentence 1 if they do not have their registered office or domicile in a Member State of the EU.

8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

8.4 The hotel is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.