General Terms and Conditions for the Hotel Accommodation Contract of Schloss Purschenstein Hotel GmbH, Purschenstein 1, 09544 Neuhausen/Erzgebirge
I. Scope
1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by Schloss Purschenstein Hotel GmbH for the customer.
2. The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the hotel, whereby § 540 paragraph 1 sentence 2 BGB (German Civil Code) is waived.
3. The customer’s terms and conditions shall only apply if this has been expressly agreed in writing in advance.
4. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs within the meaning of §§ 13, 14 BGB.
II. Conclusion of contract, contracting parties; limitation period
1. The contract is concluded upon acceptance of the customer’s request by the hotel. If the hotel makes a binding offer to the customer, the contract is concluded upon acceptance of the hotel’s offer by the customer. In both cases, the hotel is free to confirm the room reservation in writing.
2. The contracting parties are the hotel and the customer. If a third party has made the booking on behalf of the customer, the customer shall be jointly and severally liable to the hotel with the third party for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the customer.
3. All claims of the customer or the third party against the hotel shall become statute-barred one year after the start of the regular limitation period within the meaning of § 199 para. 1 BGB. Claims for damages against the hotel shall expire regardless of knowledge at the latest after 5 years. These limitation periods shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel, or in the event of physical injury or damage to health attributable to the hotel, or in the event of loss of life attributable to the hotel.
III. Services, prices, payments, offsetting
1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obliged to pay the hotel’s applicable or agreed prices for the provision of the rooms and any other services used by him. This also applies to services and expenses incurred by the hotel on behalf of the customer.
3. The agreed prices include the applicable statutory value-added tax. If the period between conclusion of the contract and fulfillment of the contract exceeds 4 months and the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price by a reasonable amount, but by no more than 5%.
4. The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel services or the length of stay of the guests and the hotel agrees to this.
5. Hotel invoices without a due date are payable without deduction within 10 calendar days of receipt of the invoice. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of default in payment, the hotel is entitled to charge the applicable statutory default interest of currently 8 percentage points or, in the case of legal transactions involving a consumer, 5 percentage points above the base interest rate. In addition, the hotel may charge a fee of €5.00 per reminder letter in the event of default. The hotel reserves the right to prove and assert higher damages.
6. The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
7. The customer may only offset or reduce a claim against the hotel with an undisputed or legally binding claim.
IV. Withdrawal by the customer (cancellation, no-show) Non-use of the hotel’s services (no-show)
1. The hotel grants the customer the right to withdraw at any time. The following provisions apply:
a. The hotel has the option of charging the guest a cancellation fee instead of a specifically calculated compensation. The cancellation fee is 90% of the contractually agreed price for accommodation with or without breakfast, 70% of the contractually agreed price for accommodation with half board, and 60% of the contractually agreed price for accommodation with full board. The guest is free to prove that the hotel has not incurred any damage or that the damage incurred by the hotel is lower than the lump sum compensation demanded.
b. If the hotel calculates the compensation specifically, the amount of compensation shall not exceed the contractually agreed price for the service to be provided by the hotel, less the value of the expenses saved by the hotel and what the hotel gains from other use of the hotel services.
2. The above provisions on compensation shall apply mutatis mutandis if the guest does not make use of the booked room or services without giving notice in good time (no show).
3. If the hotel has granted the guest an option in the contract to withdraw from the contract within a certain period without further legal consequences, the hotel shall not be entitled to compensation. The date of receipt of the notice of withdrawal by the hotel shall be decisive for the timeliness of the withdrawal. The customer must declare the withdrawal in writing.
4. The traveler may be replaced by a third party until the start of the trip, provided that the third party meets the special travel requirements and their participation is not contrary to legal regulations or official orders and the tour operator does not object to their participation for these reasons. The traveler and the third party shall be jointly and severally liable to the tour operator for the travel price. The traveler and the third party shall be jointly and severally liable to the tour operator for any additional costs incurred as a result of the third party’s participation, which shall be a flat rate of 15 euros.
V. Withdrawal by the hotel
1. If an advance payment or a deposit requested in accordance with III. clause 6 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.
2. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if
– force majeure or other circumstances beyond the hotel’s control make it impossible to fulfill the contract;
– rooms are booked under misleading or false statements of material facts (e.g., regarding the identity of the customer or the purpose of the booking);
– the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardize the smooth operation, safety, or reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
– there is a violation of I. Section 2.
3. In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.
VI. Provision, handover, and return of rooms
1. The guest shall have no claim to the provision of specific rooms unless the hotel has confirmed the provision of specific rooms in writing.
2. Booked rooms are available to the guest from 4:00 p.m. on the agreed day of arrival. The guest has no right to earlier provision.
3. Booked rooms must be occupied by the guest by 6:00 p.m. on the agreed day of arrival at the latest. Unless a later arrival time has been expressly agreed, the hotel has the right to allocate booked rooms to other guests after 6:00 p.m. without the guest being entitled to any compensation. In this respect, the hotel has the right to withdraw from the contract.
4. 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. After this time, in the event of late vacating of the room or apartment/vacation home, the hotel may charge 50% of the currently valid daily accommodation price for use of the room or apartment/vacation home in excess of the contract until 6:00 p.m., and 100% thereafter. This does not justify any contractual claims on the part of the customer. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee. Furthermore, the hotel reserves the right to prove and assert a higher claim.
VII. Liability of the hotel
1. Should disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy them immediately upon notification by the customer. The customer is obliged to make a reasonable contribution to remedying the disruption and minimizing any damage. If the guest culpably fails to notify the hotel of a defect, there shall be no claim to a reduction in the contractually agreed remuneration.