General terms and conditions
1. Scope of validity
1.1. These general terms and conditions shall apply to contracts concerning the rental of hotel rooms for accommodation as well as any other supplies and services on behalf of the customer.
1.2. The sub-letting of the rooms rented as well as the use there for purposes other than accommodation shall be subject to the hotel’s prior approval in written form.
1.3. The customer’s general terms and conditions shall only apply when it has been agreed to in advance.
2. Contract signing, contract partner and liability, statutory limitation
2.1. The contract shall come into effect once the hotel accepts the customer’s offer. The hotel shall be at liberty to confirm the room booking in written form.
2.2. The parties to the contract shall be the hotel and the customer. In the event that a third party orders for the customer, such party shall be liable to the hotel together with the customer as joint debtor for all obligations arising under the hotel accommodation contract.
2.3. The hotel shall be liable for its obligations under the contract. In conjunction with non-typical services, liability shall be limited to intent and gross negligence.
2.4. The statutory period of limitation for any claims of the customer shall be six months.
2.5. Such liability limitation and statutory period of limitation shall apply in favour of the hotel even in the case of a violation of obligations during the run up to the contract and in any case of breach of contract.
3. Services, prices, payment and setting off
3.1. The hotel shall be obliged to have prepared the rooms booked by the customer and to perform the agreed services.
3.2. The customer shall be obliged to pay for the room used and any other services obtained by him at the price agreed to with the hotel. This shall also apply to any services and expenses rendered and incurred by the hotel which the customer orders for third parties.
3.3. The prices agreed to shall include value added tax at the rate applicable at the time of entering into the contract. In the event of an increase in statutory VAT, prices shall be automatically adjusted. In the event that the period of time between the time of entering the contract and contract performance exceeds four months and further in the event that the price charged by the hotel for such services is generally increased, the contractually agreed to price may be increased at a reasonable rate.
3.4. Prices may also be changed by the hotel in the event that the customer subsequently requests a change in the number of rooms booked, in hotel services, or in the duration of the stay and if the hotel agrees to such change.
3.5. Invoices issued by the hotel without a pay-by date shall be payable within 10 days after receipt without any deduction. The hotel shall be entitled to declare receivables as due and to demand immediate payment. In the event of default, the hotel shall be entitled to demand interest at a rate of 5% above the respective basic interest rate of the European Central Bank. The hotel shall be entitled to furnish proof of higher damage.
3.6. The hotel shall be entitled – at the time of entering into the contract or later – to demand a reasonable down payment or security, taking the legal regulations into consideration. The amount of such down payment and the payment deadlines shall be as laid down in the contract.
3.7. Only an undisputed or unappealable claim shall entitle the customer to offset or reduce a debt payable to the hotel.
4. Cancellation by the customer [counter order, withdrawal] and non-use of contractual services [no show]
4.1. Rescission by the customer of the contract entered into with the hotel requires the hotel’s consent in written form. If this is not given, then the rate agreed in the contract must be paid even if the customer does not avail himself of the contractual services. This does not apply in cases of an infringement by the hotel of its duty to consider the customer’s rights, objects of legal protection or interests in the event that the customer can therefore no longer be expected to abide by the contract or the customer has a legal or contractual right of withdrawal.
4.2. If a date for withdrawal from the agreement free of charge has been agreed in written form between the hotel and the guest, the guest may up until that date withdraw from the agreement without triggering claims for payment or compensation by the hotel. The guest‘s right to withdraw free of charge will expire if he or she does not inform the hotel of his or her making use of this right in written form by the date agreed. From this point on, the guest only has the right to withdraw according to statutory provisions.
4.3. If no right of withdrawal has been agreed or it has already expired, no statutory right to withdrawal or cancellation exists, and if the hotel does not agree to cancellation of the agreement, the hotel retains the right to the agreed remuneration even if the guest does not make use of the service. For rooms not used the hotel has been able to hire out elsewhere, the hotel will set the income from the hiring out elsewhere and the costs saved against the guest‘s account. If the room is not hired out elsewhere, the hotel can choose to charge the guest a flat-rate cancellation fee instead of an actual calculated compensation fee. This is calculated based on the calculated contractual remuneration minus flat-rate costs. In this case, the guest is liable to pay the following flat-rate costs: For an overnight stay with or without breakfast and for flat-rate bookings with external services 90% of the agreed contract price. The guest is entitled to prove that the claim as described has not arisen, or has not arisen to the amount applied.
5. Cancellation by the hotel
5.1. In the event that a right of cancellation by the customer within a certain period of time has been agreed to in written form, the hotel for its part shall be entitled during this period of time to cancel the contract if queries are received from other customers concerning the rooms booked in the contract and the customer, when requested by the hotel, refuses to waive his right of cancellation.
5.2. In the event that the agreed down payment is not made even after a reasonable respite period is granted by the hotel also stating that the hotel will otherwise refuse performance, the hotel shall then also be entitled to cancel the contract.
5.3. Furthermore, the hotel shall be entitled to cancel the contract for cause, e.g. in the case of force majeure or any other circumstances for which the hotel is not responsible and which render performance of the contract impossible, rooms booked under misleading or false facts [who the customer is, purpose of renting, etc.], the hotel has reason to believe that performance of the contract might endanger the smooth operation of the hotel, the safety or the reputation of the hotel in the public without this being due to the hotel’s management or organisation or a violation of section 1.2. [Scope of validity].
5.4. The hotel shall notify the customer immediately that it is to exercise its right of cancellation.
5.5. In the event of justified cancellation by the hotel, the customer shall not be entitled to damages.
6. Room provision, hand-over and return
6.1. The customer shall not be entitled to demand the provision of specific rooms.
6.2. Hotel garni Käferstein shall provide the customer with a hotel room of the agreed room category and with the agreed facilities on the day of arrival based on availability as follows: from 02:00 pm. The customer shall not be entitled to demand that rooms be made available earlier.
6.3. On the agreed day of departure, the hotel rooms shall be cleared by 10:00 am at the latest in. After this, the hotel shall be entitled to charge 50% of the overnight stay price to cover the damage caused by the prolonged use of the room up to 06:00 pm and after 06:00 pm 100%. The customer shall be at liberty to prove to the hotel that no damage or significantly lower damage was suffered by the hotel.
7. Data privacy
7.1. Data privacy is subject to the regulations of the German Federal Data Protection Act [BDSG] and the German Telemedia Act [TMG]. Customer’s personal data may be collected, stored and processed for the purposes of executing the contract. Personal data shall only be used for executing the contract according to the terms of the contract. The customer declares that he or she agrees to his or her personal data being used for the aforementioned purposes.
7.2. The separate data privacy regulations, which can be viewed on the hotel’s website, shall apply in all other respects.
8. Hotel’s liability
8.1. The hotel shall be obliged to exercise the diligence of a prudent businessman. The liability for non-typical services, is, however, limited to poor services, subsequent damage or disruptions caused by intent or gross negligence on the part of the hotel. In the event of disruptions or poor services by the hotel, the hotel shall, after being informed of the customer’s complaint, attempt to remedy the situation. The customer shall be obliged to do what can be reasonably expected of him to help remedy the situation and to keep possible damage to a minimum.
8.2. The hotel shall be liable for objects brought to the hotel by the customer pursuant to the statutory regulations, i.e. up to one hundred times the price of the room – 3,500 Euro max. – as well as for money and valuables up to 800 Euro. Any claims for damages shall become void if the customer fails to notify the hotel immediately after discovering any loss, destruction or damage [Section 703 of the German Civil Code, §703 BGB].
8.3. The hotel’s unlimited liability shall be subject to the statutory provisions.
8.4. In the event that the customer rents or is permitted free of charge to use parking space in the hotel garage or in the hotel parking lot, this shall not be deemed to constitute a contract of custody. The hotel shall not be obliged to monitor the parking facility. The hotel shall not be liable for any vehicle or its contents parked or manoeuvring on the hotel premises that becomes lost or damaged, except in cases of intent or gross negligence. This shall apply analogously to the hotel’s agents. Any damage must be reported to the hotel no later than when leaving the hotel premises.
8.5. The guest shall use the hotel’s leisure facilities such as saunas and fitness rooms at his own risk. The hotel shall not be liable for defects which are not immediately recognized despite exercising due care.
8.6. The hotel shall do its utmost to ensure that wake-up calls are on time, that messages conveyed are correct and on time and that goods shipments of all kind are carried out on time. Lost property shall only be forwarded at the request, risk and expense of the guest. Otherwise, lost property shall after a period of one month be passed on to the local lost property office at a reasonable fee. Claims for damages – except for cases of intent or gross negligence – shall be excluded.
9. Guest’s liability
9.1. The customer shall be liable for any damage to buildings, fixtures and furnishings caused by himself or by any other third parties within the customer’s sphere.
9.2. The hotel shall be entitled to request a security deposit from the guest; for example in the form of a credit card guarantee.
9.3. Smoking is not allowed in all designated non-smoking room. In case of breach of these rules, the hotel reserves the right to impose a charge on the customer.
10. Miscellaneous provisions and place of jurisdiction
10.1. Changes or amendments to the contract, contract acceptance or these general terms and conditions for hotel accommodation shall be made in written form. Unilateral changes or amendments by the customer shall not be valid.
10.2. The place of performance and payment shall be the hotel’s place of business.
10.3. Any disputes hereunder shall be solely referred to and decided by the courts of Nuremberg.
10.4. The contract is governed by and shall be construed in accordance with German law. The application of the UN Convention on the International Sale of Goods and Conflict Law are precluded.
10.5. In the event that individual provisions of these general terms and conditions are or become invalid, the validity of the remaining provisions shall not be affected thereby. Otherwise, the statutory requirements shall apply.
Hotel Käferstein garni, January 2017