GENERAL TERMS AND CONDITIONS OF THE HOTEL OBERKIRCH FOR LODGING AGREEMENTS
Terms of Service
1. These terms and conditions apply to contracts for lodging agreements and other services of the hotel (hotel accommodation contract).
2. The subletting or sublease of the provided rooms as well as their usefor purposes other than accommodation require the prior consent of the hotel in text form.
3. General terms and conditions of the customer only apply if previously explicitly agreed in writing.
2. CONCLUSION OF CONTRACT, PARTNER, LIMITATION
1. The hotel is free to confirm the room reservation in text form.
2. Contractual partners are the hotel and the customer. In case of the fact that a third party has ordered (reserved) for the customer, the third party and the customer are liable together as codebtors.
3. All claims against the hotel expire generally one year after the statutory limitation period. Claims for damages expire in five years. The limitation periods do not apply to claims made on one
intentional or grossly negligent breach of duty of the hotel.
3. SERVICES, PRICES, PAYMENT, SET-OFF
1. The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
2. The customer is obligated to pay for the room rental and the other services he has used at current hotel prices. This also applies to services provided and expenses of the hotel made to third parties at the customer’s request. The agreed prices include the respective V.A.T.
3. The hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel’s services or the length of stay of the customer depending on the price of the rooms and / or the hotel’s other services being increased.
4. Hotel invoices are payable in full within 14 days of the receipt of the invoice. In case of late payment, the hotel is entitled to charge a lump sum (for late fees, handling fee) to the amount of 25,00 Euro.
5. The hotel is entitled to request a prepayment or security deposit from the customer upon conclusion of the contract.
6. In justified cases, e.g. outstanding payment of the customer, the hotel is entitled to refuse further services.
7. The customer can only offset or charge against a claim of the hotel with an undisputed or legally enforceable claim.
4. CANCELLATION OF THE CUSTOMER (CANCELLATION, CANCELLATION and NoShow)
1. A withdrawal of the customer from the contract concluded with the hotel requires the consent of the hotel in text form. If this is not the case, the agreed price from the contract must be paid even if the customer does not make use of contractual services.
2. Insofar as an appointment for free cancellation of the contract in text form has been agreed between the hotel and the customer, the customer can withdraw from the contract until then, without triggering payment or damage claims of the hotel. The right of withdrawal of the customer expires, if he does not exercise his right to resign by the agreed date against the hotel in text form.
3. In the case of rooms not used by the customer, the hotel shall credit against the damages the revenue from other rental of these rooms. If the rooms are not otherwise rented, the hotel may charge 100% of the contractually agreed fee.
4. A right to withdraw from the contract concluded with the hotel expires two weeks before the contractually agreed arrival day. Note: In accordance with Directive 2011/83 / EU of the European Parliament, Article 16, the 14-day right of withdrawal does not apply to hotel bookings. The cancellation policy of the hotel applies.
5. WITHDRAWAL OF THE HOTEL
1. If it has been agreed in writing that the customer can withdraw from the contract free of charge within a certain period of time, the hotel shall also be entitled to withdraw from the contract during this period (eg in case of non-compliance with contractually agreed advance payment).
2. In the case of justified cancellation of the hotel, no claim of the customer for compensation for damages arises.
6. ROOM PROVISION, DELIVERY AND RETURN
1. The customer acquires no claim to the provision of certain rooms, as far as this was not expressly agreed in writing.
2. Booked rooms are available to the customer from 3 pm on the agreed arrival day. The customer has no right to earlier availability.
3. On the agreed departure day, the rooms must be vacated at the latest by 11:00 am. Thereafter, the hotel may charge 80% of the full room rate (room rate minus breakfast) due to the delayed eviction of the room for its contractual use until 2 p.m., then 100%.
7. LIABILITY OF THE HOTEL
1. The hotel is liable for its obligations under the contract. Customer claims for compensation are excluded. This does not apply to damage resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damages based on intentional or grossly negligent breach of duty by the hotel and damages due to willful or negligent breach of contractual obligations of the hotel. In the event of any disruption or defect in the services provided by the hotel, the hotel will make every effort to remedy the situation, if the customer knows or is promptly notified. The customer is obliged to contribute to what is reasonable for him, in order to remedy the disturbance and to minimize possible damage.
2. The hotel is liable to the customer in accordance with the statutory provisions for items brought in. Afterwards the adhesion is limited to the hundredfold of the room price, however maximally € 3.500, – and deviating for money, securities and valuables at most up to € 800, -. Money, securities and valuables can be stored in the hotel safe up to a maximum of € 3,500.
3. If the customer is provided with a parking space in the garage or on a hotel car park, also for a fee, no custody agreement is concluded. The hotel is not liable for loss of or damage to motor vehicles, trailers, motorcycles or trailers and their contents parked or shunted on the hotel property, except in cases of intent or gross negligence.
8. FINAL PROVISIONS
1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions for the hotel reception must be written in text form. Unilateral changes or additions by the guest are ineffective.
2. Place of fulfillment and payment is Freiburg im Breisgau.
3. The exclusive place of jurisdiction is Freiburg im Breisgau.
4. German law applies.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In this case, the parties will agree on a new regulation that comes as close as possible to the invalid provision.
(The text above is a translation of the German version. We do not take responsibility for translation errors, the sole relevant terms are the ones stated on our German page)