GENERAL TERMS AND CONDITIONS OF THE HOTEL OBERKIRCH FOR LODGING AGREEMENTS
Terms of Service
These terms and conditions apply to contracts for lodging agreements
and other services of the hotel (hotel accommodation contract).
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.
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.
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.
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.
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)
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.
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.
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
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
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.
Booked rooms are available to the customer from 3 pm on the agreed
arrival day. The customer has no right to earlier availability.
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
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.
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
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
2. Place of fulfillment and payment is Freiburg im Breisgau.
3. The exclusive place of jurisdiction is Freiburg im Breisgau.
4. German law applies.
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
(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)