General Terms and Conditions for the Hotel Accommodation Contract

1. SCOPE OF APPLICATION

1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes and to all other services and supplies provided by the hotel to the customer in this connection (hotel accommodation contract). The term “hotel accommodation contract” covers and replaces the following terms: lodging contract, guest accommodation contract, hotel contract, 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 Landhotel Waldesruh in text form, whereby Section 540, paragraph 1, sentence 2 BGB is waived insofar as the customer is not a consumer.

1.3 General terms and conditions of the customer apply only if this has been expressly agreed in advance.

2. CONCLUSION OF CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD

2.1 The contracting parties are Landhotel Waldesruh and the customer. The contract is concluded when the hotel accepts the customer’s offer. Landhotel Waldesruh is at liberty to confirm the room booking in text form.

2.2 All claims against the hotel generally become time-barred one year after the statutory commencement of the limitation period. Claims for damages become time-barred after five years, depending on knowledge, unless they are based on injury to life, body, health or freedom. These claims for damages become time-barred after ten years, irrespective of knowledge. The shortened 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

3.1 Landhotel Waldesruh 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 agreed or applicable prices for the provision of the rooms and for the other services used by the customer. This also applies to services ordered by the customer directly or via the hotel which are provided by third parties and the cost of which is advanced by the hotel.

3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. They do not include local charges which, under the applicable municipal law, are owed by the guest personally, such as visitor’s tax. In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local charges on the subject matter of the service after the contract has been concluded, the prices will be adjusted accordingly. In the case of contracts with consumers, this applies only if the period between the conclusion of the contract and its performance exceeds four months.

3.4 Landhotel Waldesruh may make its consent to a subsequent reduction, requested by the customer, in the number of rooms booked, in the hotel’s services or in the length of the customer’s stay conditional upon an increase in the price of the rooms and/or of the hotel’s other services.

3.5 Invoices issued by Landhotel Waldesruh without a due date are payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. In the event of default in payment, the hotel is entitled to charge the applicable statutory default interest, currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove greater damage.

3.6 The hotel is entitled, upon conclusion of the contract, to require a reasonable advance payment or security from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in the contract in text form. In the case of advance payments or security for package holidays, the statutory provisions remain unaffected.

3.7 In justified cases, for example if the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled, even after the contract has been concluded and up to the start of the stay, to demand an advance payment or security within the meaning of clause 3.6 above, or an increase in the advance payment or security agreed in the contract up to the full agreed remuneration.

3.8 Landhotel Waldesruh is further entitled, at the start of and during the stay, to demand from the customer a reasonable advance payment or security within the meaning of clause 3.6 above for existing and future claims arising from the contract, insofar as such payment or security has not already been provided in accordance with clause 3.6 and/or clause 3.7 above.

3.9 The customer may set off or offset against a claim of the hotel only a claim that is undisputed or legally established.

4. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, ANNULMENT) / FAILURE TO USE THE HOTEL’S SERVICES (NO SHOW)

4.1 The customer may withdraw from the contract concluded with the hotel only if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists or if the hotel expressly consents to the cancellation of the contract. The agreement of a right of withdrawal and any consent to the cancellation of the contract should each be made in text form.

4.2 If the hotel and the customer have agreed a date by which the customer may withdraw from the contract free of charge, the customer may withdraw from the contract up to that date without giving rise to any claims for payment or damages on the part of the hotel. The customer’s right of withdrawal expires if it is not exercised towards the hotel by the agreed date.

4.3 If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the hotel does not consent to the cancellation of the contract, the hotel retains its claim to the agreed remuneration even though the service is not used.

Cancellation charges: up to 31 days before the start of the trip: 10% of the travel price, up to 21 days before the start of the trip: 20% of the travel price, up to 11 days before the start of the trip: 40% of the travel price, up to 7 days before the start of the trip: 60% of the travel price, thereafter: 90% of the travel price.

The hotel must offset the income from letting the rooms to other parties as well as the expenses saved. If the rooms are not let to other parties, the hotel may apply a flat-rate deduction for expenses saved. 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 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 certain period, the hotel is for its part entitled to withdraw from the contract during this period if there are enquiries from other customers for the contractually booked rooms and the customer, when asked by the hotel and given a reasonable deadline, does not waive the right of withdrawal.

5.2 If an advance payment or security agreed or demanded in accordance with clause 3.6 and/or clause 3.7 is not provided even after a reasonable grace period set by the hotel has expired, the hotel is likewise entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to effect an extraordinary withdrawal from the contract for an objectively justified reason, in particular if – force majeure or other circumstances for which the hotel is not responsible make it impossible to perform the contract; rooms or premises are culpably booked on the basis of misleading or false information or the concealment of material facts; the identity of the customer, the customer’s ability to pay or the purpose of the stay may be material in this respect; – the hotel has reasonable grounds to assume that use of the service may jeopardise the smooth running of the business, the safety or the public reputation of the hotel, 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 A justified withdrawal by the hotel does not give rise to any claim for damages on the part of the customer.

6. PROVISION, HANDOVER AND RETURN OF ROOMS

6.1 The customer does not acquire any entitlement 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 has no entitlement to earlier provision.

6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10:00 at the latest. All inclusive services of the hotel likewise end at 10:00.

7. LIABILITY OF THE HOTEL

7.1 Landhotel Waldesruh is liable for damage for which it is responsible arising from injury to life, body or health. It is also liable for other damage based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach by the hotel of obligations typical of the contract. 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 provided for in this clause 7. Should disruptions or defects occur in the hotel’s services, the hotel will endeavour to remedy them upon becoming aware of them or upon prompt complaint by the customer. The customer is obliged to do what can reasonably be expected to help remedy the disruption and to keep any possible damage to a minimum.

7.2 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends using the hotel 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, a separate safekeeping agreement with the hotel is required.

7.3 Where a parking space in the hotel garage or in the hotel car park is made available to the customer, even for a fee, this does not give rise to a contract of custody. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel premises, or to their contents, the hotel is liable only in accordance with clause 7.1 above, sentences 1 to 4.

7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages, post and consignments of goods for guests are handled with care. The hotel undertakes to deliver and store them and – on request – to forward them for a fee. In this respect, the hotel is liable only in accordance with clause 7.1 above, sentences 1 to 4.

8. FINAL PROVISIONS

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

8.2 In commercial transactions, the place of performance and payment and the exclusive place of jurisdiction – including for disputes relating to cheques and bills of exchange – is Landhotel Waldesruh, Kühberg 14, 93437 Furth im Wald. If a contracting party fulfils the requirements of Section 38, paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is Landhotel Waldesruh, Kühberg 14, 93437 Furth im Wald.

8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and of conflict-of-law rules 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 apply.